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Home My WebLink About6.d. Organics Drop Site Joint Powers Agreement with Dakota County\\rsm-file\Common\City Clerk\Agenda Items\Approved Items\6.d. Organics Drop Site Joint Powers Agreement with Dakota County.docx EXECUTIVE SUMMARY City Council Meeting: May 17, 2022 AGENDA ITEM: Organics Drop Site Joint Powers Agreement (JPA) with Dakota County AGENDA SECTION: Consent PREPARED BY: Jane Byron, Stormwater Specialist AGENDA NO. 6.d. ATTACHMENTS: Joint Powers Agreement Location Map APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve the Joint Powers Agreement with Dakota County to Operate a Residential Organics Drop Off Site and Authorize Necessary Signatures BACKGROUND Dakota County offers drop-off locations for organics recycling for residents free of charge for residents that sign up on the County’s website to participate in the program. Organics recycling includes food scraps and other compostable household items, such as tissues and paper egg cartons, but does not include yard waste or other recyclables. Studies show that one-forth to one-third of trash is made up of organic compostable materials. Dakota County has been coordinating with cities to offer additional drop sites so the majority of county residents live within two miles of a drop site; the ultimate goal is to offer residents curbside organics pick up within the next 10 years. Adding an organics drop site in town has been a goal of the Environment and Sustainability Commission. After looking at a many potential locations, city and county staff decided the best potential location for a drop site would be at the City’s current public works facility near the RV dump site. The area is open to the public, has good ambient lighting, is centrally located, and can be easily monitored by staff. The drop site would consist of a screened trash enclosure with a roof to reduce snow removal related maintenance, appropriate signage, and a bag dispenser to provide replacement compostable bags. Under the Joint Powers Agreement (JPA), Dakota County would reimburse the City for construction of the drop off site, organics hauler service through 2028, and replacement compostable bags through 2028. The City would be responsible for construction management of the drop site, providing maintenance, securing hauler service, and other related administrative activities. The City and County would collaborate on promotion and communications. Dakota County estimates that the drop site will serve approximately 1,040 households and divert 131 tons of organics from landfill disposal annually. The City Attorney has reviewed and signed off on the attached JPA. RECOMMENDATION Staff recommends Council approval and authorization to execute the Joint Powers Agreement between the City of Rosemount and Dakota County to operate a residential organics drop off site. Dakota County Contract #C0035348 Page | 1 of 7 Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT TO OPERATE A RESIDENTIAL ORGANICS DROP-OFF SITE This Agreement is between the County of Dakota (County) and the City of Rosemount (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County and the Municipality are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. § 115A.551); and WHEREAS, by Resolution No.18-493 (September 18, 2018), the Dakota County Board of Commissioners adopted the 2018-2036 Solid Waste Master Plan (Master Plan); and WHEREAS, the Master Plan includes a strategy to expand opportunities for residential organics recovery; and WHEREAS, the Master Plan includes a tactic to co-develop and provide assistance for residential organics drop-off sites with priority municipalities and/or partners until curbside organics collection is widely available; and WHEREAS, the Municipality asked to partner with the County and to have an organics drop-off site located at Rosemount Public Works, 14455 Brazil Avenue, Rosemount, Minnesota; and WHEREAS, the County receives Select Committee on Recycling and the Environment (SCORE) funds from the state of Minnesota to implement landfill abatement programs; and WHEREAS, Minn. Stat. § 115A.557 requires the County to expend a portion of the state-allocated SCORE funds on organics programming; and WHEREAS, allocated SCORE funds are used for residential organics drop sites at strategic locations within Dakota County; and WHEREAS, Municipality responsibilities include: providing one drop-off location to collect organics from Dakota County residents; infrastructure installation (e.g., concrete pad, fencing, roof, two bag distribution boxes, signage); retaining a licensed hauler; collaborating with the County on promotion and communications; purchasing and storing compostable bags; monitoring daily and maintaining the site; and administering invoice and reimbursement submittals; and WHEREAS, County responsibilities include maintaining a list of acceptable organic materials and guidelines; developing and providing promotion of organics; communications materials, and training; purchasing and delivering bag boxes and signage; reimbursing the Municipality for compostable bags, hauler services, fencing and roof installation, and recurring operational expenses; and administering participant recruitment, registration, and ongoing communication. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and Municipality shall derive from this Agreement, the County and Municipality hereby enter into this Agreement for the purposes stated herein. Dakota County Contract #C0035348 Page | 2 of 7 Joint Powers Agreement SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the operation of a residential organics drop-off site. SECTION 2 PARTIES The parties to this Agreement are the County and the Municipality. SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect June 1, 2022, and shall continue in effect until December 31, 2028, or until curbside organics collection is offered to residents in the Municipality whichever comes first, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 11. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 RESPONSIBILITIES OF PARTIES 5.1 County Responsibilities. The County shall: A. Ensure any necessary residential drop-off location approvals from the state, County, or both are fulfilled. B. Maintain a list of acceptable organic materials, compostable bag specifications, and drop-off site guidelines. C. Develop and supply outreach, education, and communications materials to County residents. D. Provide recurring drop-off site participation promotion. E. Reimburse drop-off site costs to the Municipality, including for installing concrete pad, fencing, roof, bag distribution boxes, and signage; recurring costs for compostable bags and organics hauling and disposal service fees; and other supplies and services with pre-approval from the County liaison. F. Purchase and deliver two bag distribution boxes and signage to the Municipality. G. Recruit initial participants through direct mail to households located in the Municipality. H. Administer participant recruitment, registration, training, and ongoing participant communication. I. Provide a dedicated organics email for direct contact to County Liaison for residents and Municipality for regular communication. J. Provide appropriate drop-off site signage and labels to the Municipality. Dakota County Contract #C0035348 Page | 3 of 7 Joint Powers Agreement 5.2 Municipality Responsibilities. The Municipality shall: A. Provide at least one convenient and safe drop-off site accessible from 5:00am-10:00pm daily for Dakota County residents to drop off acceptable organics. B. Ensure any necessary residential drop-off location local approvals are fulfilled. Notify County Liaison if any local approvals or notifications are required. C. Retain services and manage the installation of a concrete pad for the placement of at least two organics collection containers that are each three (3) cubic yards in capacity, fencing, and roof. D. Retain, manage and pay for licensed waste hauler services including container(s) for organics collection and delivery of collected organics from drop-off site to a permitted and licensed commercial compost facility using adequate container size and at a frequency necessary for a clean, well-maintained site, and at a frequency not less than one collection per week. E. Provide the waste hauling pickup schedule to the County. F. Obtain County approval prior to changes in container size and changes to hauling frequency. G. Install bag distribution boxes and program signage. H. Collaborate for implementation and recurring promotion using County-supplied materials. I. Refer all participation inquiries to the County’s designated email. J. Communicate to County’s dedicated email any and all plans or unforeseen circumstances impacting participant use of the sites (e.g., nearby construction, site maintenance). K. Purchase and store a sufficient supply of BPI-certified compostable bags for use at the drop-off site at a size determined by the County for residential use. L. Provide daily monitoring (Monday-Friday) and necessary maintenance of drop-off area (Monday- Sunday) to ensure a clean, safe, and accessible drop-off site for residents including snow and ice removal; certified-compostable bag restocking; and container capacity observations to ensure proper sizing and hauling frequency. M. Restock compostable bags at least once each day, Monday-Friday, or as needed to ensure a continuous supply of compostable bags is available for participants. N. Observe container capacity no later than 24 hours prior to scheduled collection service and report observed container volume to the County’s dedicated email at least monthly. O. Submit itemized invoices to the County in accordance with Section 6.2 for organics drop-off site expenses, including: infrastructure installation; compostable bags; organics hauling and disposal service fees; and other supplies and services with pre-approval from the County liaison. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. The allocated funding for Municipality reimbursement shall be in the total amount not to exceed $79,500.00 as set forth in Exhibit 1. Dakota County Contract #C0035348 Page | 4 of 7 Joint Powers Agreement 6.2 FUNDING PAYMENT. The Municipality shall submit itemized invoices to the County covering annual drop-off site expenses by June 30 of each program year and February 1 following the program year. Costs not billed to the County by February 1 following a program year may not be eligible for reimbursement. The invoices shall be paid within 35 days from the presentation of the claim. 6.3 ELIGIBLE EXPENSES. Municipality may use allocated funds only on eligible items as identified in Section 5 and includes recurring costs for compostable bags; organics hauling and disposal service fees; and other supplies and services including necessary maintenance with pre-approval from the County Liaison. SECTION 7 PROPERTY Upon termination of this Agreement, any necessary infrastructure purchased by the County and provided to the Municipality shall be the sole property of the Municipality. SECTION 8 INDEMNIFICATION 8.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 8.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the Municipality. In the event of any claims or actions are filed against either Party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the Individual Parties. 8.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 9 AUTHORIZED REPRESENTATIVES AND LIAISONS 9.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing body. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY Georg T. Fischer, Director Environmental Resources Department 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Bill Droste, Mayor, or successor 2875 145th Street West Rosemount, MN 55068 In addition, notification to the County regarding termination under Section 10 of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Dakota County Contract #C0035348 Page | 5 of 7 Joint Powers Agreement 9.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: John Exner, or successor Telephone: (952) 891-7112 Email: john.exner@co.dakota.mn.us Municipality Liaison: Name: Jane Byron, or successor Telephone: 651-322-2075 Email: jane.byron@ci.rosemount.mn.us SECTION 10 TERMINATION 10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 10.2 TERMINATION BY EITHER PARTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County or the Municipality may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the terminating party to the other party by email or facsimile is sufficient notice under this section. The terminating party is not obligated to pay for any services that are provided after written notice of termination for lack of funding. Neither party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 11 GENERAL PROVISIONS 11.1 COMPLIANCE WITH LAWS/STANDARDS. The County and Municipality agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 11.2 EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. Dakota County Contract #C0035348 Page | 6 of 7 Joint Powers Agreement B. Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the waiving party’s Authorized Representative. A waiver is not an amendment to the Agreement. A party’s failure to enforce any provision of this Agreement does not waive the provision or the party’s right to enforce it. 11.4 RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-progress needs a longer retention time. 11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and Municipality. 11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Said consent may be subject to conditions. 11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. 11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 11.9 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. 11.10 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. Dakota County Contract #C0035348 Page | 7 of 7 Joint Powers Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA _________________________________ Georg T. Fischer, Director Environmental Resources Department Date of Signature: __________________ CITY OF ROSEMOUNT _________________________________ Bill Droste, Mayor City of Rosemount Date of Signature: __________________ _________________________________ Erin Fasbender, City Clerk City of Rosemount Date of Signature: __________________ APPROVED AS TO FORM: /s/ Dain L. Olson 5/10/22 Assistant County Attorney/Date Attest ________________________________ KS-22-133 _____________________________________(title) Date of Signature: ______________________ County Board Res. No. 22-166 Allocated Funds Joint Powers Agreement Exhibit 1 Residential Organics Drop‐Off Site in Rosemount Six (6) – Year Term Anticipated Reimbursement for the City of Rosemount Hauling – Collection and Composting Fees (6 years) $28,000 Compostable Bags (for participant use) (6 years) $31,745 Drop‐Off Enclosure  Reimbursement for concrete pad, fence, and roof (materials and installation)  Reimbursement for installation of bag boxes and signage $19,755 Total Anticipated Reimbursement Amount $79,500 Proposed Organics Drop Site Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 150 feet 4/26/2022