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HomeMy WebLinkAboutItem 06.jFebruary 9, 2016 0 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING February 16, 2016 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County for 2016 Waste Abatement Community Funding. Passage of this motion establishes City and County responsibilities and fund allocations for the implementation and operation of the City's waste abatement program for 2016. Overview The City Council approved a Joint Powers Agreement (JPA) with Dakota County to fund and implement the City's 2016 waste abatement program on November 16, 2015. After City Council approval, Dakota County submitted a new JPA with minor changes specifically related to the Rural Solid Waste Commission. Because the initial JPA was not approved by Dakota County, it is not an adopted agreement; therefore the new JPA is not an amendment. The JPA identifies the responsibilities and fund allocations associated with administering Lakeville's 2016 waste abatement program. The City's 2016 work plan supports the program's goals of providing recycling opportunities to local residents and businesses, and developing educational/outreach programs that promote waste reduction, reuse and recycling. The City is eligible to receive up to $55,000 in 2016 for waste abatement activities. These funds will be used to support the City's 2016 Recycling Operating Budget. Primary Issues to Consider • How does the City meet waste management objectives? The City uses the funds to develop and implement waste abatement programs, educational programs and outreach activities to local residents and businesses. Examples include Watershed Cleanup Day events, recycling initiatives (i.e. containers, signage) in public areas and developing/distributing educational materials that promote recycling awareness. Suvvortina Information • Joint Powers Agreement Mac Cafferty, Environmental Resources Manager Financial Impact: $55,000 Budgeted: Source: Related Documents: 2016 Dakota County Community Funding Application Community Values: High Quality Education; A Sense of Community and Belonging Dakota County Contract C0027542 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Lakeville (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 of Dakota (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, counties may require local cities and townships to develop and implement programs, practices or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; by Resolution 12-154 (March 27, 2012), the Master Plan (Master Plan) was adopted by the County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control Agency on May 24, 2012; and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives; and WHEREAS, the Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding and waste tire activity amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, by Board Resolution #15-428, the County Board approved 2016 community funding as presented to the Physical Development Committee of the Whole on August 18, 2015, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2016 budget; and WHEREAS, the Program continues responsibilities to increase curbside recycling, promote The Recycling Zone services, develop municipality -wide diversion metrics and implement recycling in public gathering areas; and WHEREAS, new Program responsibilities include reporting documented waste tonnages and developing a plan for organics diversion in 2017 for municipality-owned/operated buildings; and WHEREAS, County responsibilities include providing messages, images, terminology, best practices templates, infrastructure, providing hauler report data and developing resources for organics diversion as a 2017 priority issue; and WHEREAS, separate Joint Powers Agreements with cities and the Rural Solid Waste Commission identify community and County responsibilities and fund allocations. Dakota County Contract C0027542 NOW, THEREFORE, in consideration of the mutual promises and benefits that the County, cities and Rural Solid Waste Commission shall derive from this Agreement, the County and City of Lakeville hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2016 Dakota County Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County of Dakota, Minnesota and the City of Lakeville (Municipality). SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1, 2016, and shall continue in effect until December 31, 2016, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12 and incorporation of subsequent years' approved funding application packet. 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 PROGRAM 5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid Waste Master Plan (Master Plan) on March 27, 2012, as required, to implement the Minnesota Pollution Control Agency's (MPCA) 2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program's primary purposes are to: ensure that residents have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives as described in the Master Plan. The Community Funding Program supports the County's efforts for broad-based education and implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste management, and organics diversion as described in the Master Plan. 5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships, and six small cities in rural Dakota County. 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an Application, Work Plan, and itemized budget breakdown for each funding activity to the Department by the due date specified in writing by the Department and on forms provided by the Department. Public entities have statutory obligations for waste management that are more restrictive than obligations of the private sector. The Application requires communities to identify the status of compliance during this 2 Dakota County Contract C0027542 funding period. If not in compliance, communities must identify a timeline and steps being taken to comply. Referenced statutes include: MN Stat. 115A.151 (internal operations recycling); MN Stat. 115A.552 (programs to meet the County's recycling goal); MN Stat. 115A.552 (providing the opportunity to recycle); and MN Stat. 473.848 and 115A.471 (internal waste management).The Work Plan shall include a description of annual waste abatement and Priority Issue Program activities and actions, completion date, and methods for qualitative and quantitative measurement for each education/outreach and project/program activity. 5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110 and Exhibit 1. 5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all residents and businesses. Municipalities must develop and implement programs to increase residential recycling, including at least bi-weekly curbside recyclables collection for single family and multi -family homes. Recyclables collected must include: plastic containers; three colors of glass; metal; and paper. In 2016, municipalities must continue planning to implement community -wide organics diversion. Recycling must be available for city employees. Municipalities must also ensure recycling opportunities exist in public spaces that the municipality has control over including, parks, community centers and city -sponsored events. 5.6 PRIORITY ISSUE PROGRAM. The County, with input from Local Solid Waste Staff, develops a Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. For 2016, the Priority Issue will continue to be to increase recycling by expanding the opportunity to recycle for public gatherings, including at city -sponsored events, parks and non -administrative facilities (e.g., community centers): o Recycling collection is offered in municipality -owned non -administrative facilities (e.g., community centers). o Recycling collection is offered in park shelters and along major trails as well as applicable public gathering areas. o Recycling collection is offered at city -sponsored events. o Park, event, public gathering areas and internal recycling and trash collection containers are identified with color -coded signs/labels consistent with the County template. o Residents and applicable coordinators/staff are educated about recycling in parks, public gathering areas and events. o Previous year data is submitted to Department staff for recycling, organics (if applicable), and trash in public spaces to ensure recycling is occurring. o Education of municipal staff and public space visitors about what to recycle and general recycling efforts. Department staff will identify effective strategies and provide newly -developed materials for municipalities to implement the Priority Issue Program. For 2017-2020, the Priority Issue is focused on organics diversion and multi -family recycling. This is subject to change pending Legislation or County strategic planning. 5.8 PERFORMANCE. The County will evaluate the Municipality's performance pursuant to the criteria set forth in this Section. A Performance Scorecard for each Municipality will be used by Department staff for a qualitative analysis of municipal programs and activities. The Scorecard is developed annually by Department staff with input from LSWS. The Scorecard will be used to create the Work Plan. The Master Plan identifies numeric objectives for waste reduction, recycling, organics recovery, resource recovery, and land disposal in five-year increments. Each Municipality's program must be designed to support the Master Plan objectives, as demonstrated cumulatively through annual reporting. 3 Dakota County Contract C0027542 Monthly updates and metrics must be submitted to the Department for communication activities (e.g., newspaper readership for paid advertising). In preparation for the annual report, it is recommended that monthly or quarterly metrics are also submitted to the Department for waste, recycling and organics (if applicable) tonnages and resulting recycling rate for: o City -sponsored events o Parks o Municipally -owned buildings Continuing in 2016, the County will provide recycling and waste data gathered from hauler reports to assist each Municipality in identifying a quantitative waste diversion baseline for the community as a whole, and annual community diversion goals to help meet the Master Plan objectives. 5.9 ANNUAL REPORT. By February 15, 2016, the Municipality shall submit its Annual Report for the year 2015, in the form prescribed by the County. The Annual Report is a measure of the Municipality's performance of the activities identified in the Application Packet and described in Section 5.8. Changes in any funding amounts submitted in the Application must be identified in the Annual Report. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2016 funding for the Municipality shall be in the total amount not to exceed $55,000.00, as set forth in Exhibit 1, Section V. 6.2 FUNDING PAYMENT. Contingent upon receipt by February 15, 2016, and approval by Department staff of the Municipality's Annual Report for the funding year 2015, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2016. Payment will be made in one installment within 30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application and an approved Annual Report receive 100% payment for eligible expenses. 6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described below. Eligible expenses are for recycling projects/programs and education and outreach; priority issue activities and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities. b) Matching funds for other related grants consistent with this program (except for MPCA grants). c) Subscriptions, memberships, and training (excluding out-of-state travel or lodging) necessary for eligible activities. d) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion. 4 2015 2020 2025 2030 Reduction & Reuse 1-2% 24% 3-5% 4-6% Recycling 45-48% 47-51% 49-54% 54-60% Organics Recover 3-6% 4-8% 6-12% 9-15% Resource Recover 32-34% 32-33% 30-31% 24-28% Land Disposal ceilin 20% 17% 15% 9% Monthly updates and metrics must be submitted to the Department for communication activities (e.g., newspaper readership for paid advertising). In preparation for the annual report, it is recommended that monthly or quarterly metrics are also submitted to the Department for waste, recycling and organics (if applicable) tonnages and resulting recycling rate for: o City -sponsored events o Parks o Municipally -owned buildings Continuing in 2016, the County will provide recycling and waste data gathered from hauler reports to assist each Municipality in identifying a quantitative waste diversion baseline for the community as a whole, and annual community diversion goals to help meet the Master Plan objectives. 5.9 ANNUAL REPORT. By February 15, 2016, the Municipality shall submit its Annual Report for the year 2015, in the form prescribed by the County. The Annual Report is a measure of the Municipality's performance of the activities identified in the Application Packet and described in Section 5.8. Changes in any funding amounts submitted in the Application must be identified in the Annual Report. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2016 funding for the Municipality shall be in the total amount not to exceed $55,000.00, as set forth in Exhibit 1, Section V. 6.2 FUNDING PAYMENT. Contingent upon receipt by February 15, 2016, and approval by Department staff of the Municipality's Annual Report for the funding year 2015, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2016. Payment will be made in one installment within 30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application and an approved Annual Report receive 100% payment for eligible expenses. 6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described below. Eligible expenses are for recycling projects/programs and education and outreach; priority issue activities and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities. b) Matching funds for other related grants consistent with this program (except for MPCA grants). c) Subscriptions, memberships, and training (excluding out-of-state travel or lodging) necessary for eligible activities. d) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion. 4 Dakota County Contract C0027542 f) Design and implementation of projects and programs to enhance residential curbside collection programs, park and public gathering area recycling. g) Other expenses with prior written approval from the Department. 6.3.2 Education and Outreach a) Production and dissemination of education information to increase awareness and participation in recycling programs. b) Promotional items (bags, water bottles, t -shirts, etc.) with Department -approved message and logo. c) Education materials for municipal employees, such as signs, trainings and mass communication. d) Other expenses with prior written approval of the Department. 6.3.3 Eligible Expenses Specific to Priority Issue a) Containers for parks, events, and non -administrative municipality -owned buildings. b) Special event displays and signage. c) Bin recycling/organics/waste labels and signs for park, arena, community center and event containers. d) Permanent or reusable banners and posters for buildings, parks and events. e) Services related to recycling and organics material management at public events using County - defined best management practices. f) Other expenses with prior written approval from the Department. 6.3.4Non-eligible expenses include: a) Expenses related to non -waste abatement waste issues (e.g., energy, water) b) Waste collection, transportation or management (i.e., reuse, recycle, disposal), except as provided for in Section 6.3.3(e) c) Food or refreshments, unless approved by the Department as compliant with Dakota County policy 1560. Questions about an eligible expense should be directed to Department staff. 6.4 FUNDING PAYMENT ADJUSTMENTS. The Dakota County Environmental Resources Department Director shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with Exhibit 1. Municipalities must expend the community fund by the end of the calendar year, unless prior written approval is received from the Department. Municipalities must return unspent funds (the difference between the amount of funds provided and the amount a Municipality reports as expended) and must return funds if expenditures or activities that are determined by Department staff as not consistent with the Application and Work Plan. 6.5 FUNDING SOURCE ACKNOWLEDGEMENT. All community printed public education/communication materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency as funding sources. Any use of the Dakota County logo and Dakota County website references must use style guidelines as prescribed by the Dakota County Communications Department. SECTION 7 RESPONSIBILITIES OF THE PARTIES 7.1 The County, through its Environmental Resources Department, shall have the following responsibilities under this Agreement: • Administer Community Funding Program through this Joint Powers Agreement. • Develop and provide annual templates for the Application, Work Plan/Annual Report and Performance Scorecard. • Provide technical assistance for each Municipality to apply, plan for, and report on work efforts. 5 Dakota County Contract C0027542 • Develop and complete a Performance Scorecard for each Municipality. • Provide messages (e.g., for print pieces and electronic media), templates, and images for use in community education and outreach efforts for waste abatement and for the Recycling Zone. • Provide preferred terminology based on Regionally -approved language. • Ensure municipalities are familiar with and have access to all new materials in multiple ways, including electronically. • Provide equivalent support (e.g., technical assistance, messages, templates, images, materials) for the Priority Issue Program. • Develop and maintain waste management information on the County website. • Provide effective strategies, best practice approaches and infrastructure support (e.g., containers, labels, among others) for Municipalities to implement the Priority Issue Program. • Provide community waste and recycling hauling data based on hauler reports. • Evaluate Municipality performance. • Allocate, manage and distribute funds. 7.2 The Municipality shall have the following responsibilities under this Agreement: • Develop, implement, and maintain a comprehensive landfill abatement program. • Ensure the opportunity to recycle exists for residents and businesses in the Municipality. • Ensure curbside recycling services are provided for all single- and multi -family residents. • Designate a Municipality Liaison responsible for Community Funding Program implementation. • Ensure the Municipality Liaison or designee attends at least four out of six Municipality/County meetings each year. • Develop and submit an annual Application, Work Plan and itemized budget. • Conduct waste abatement education for Municipal operations. • Develop and submit an Annual Report to the Department. • Follow the Dakota County style guidelines for logo and website references, and use terminology and images developed by the Department. • Ensure Municipality website content for recycling and household hazardous waste link to the respective Dakota County web pages. • Develop and distribute at least one written communication to every new and existing household about recycling. • Develop and report quantitative and qualitative measurements for each communication and outreach activity, waste abatement project/program activity and event. • Except for municipalities with 1,000 housing units or less, implement at least four additional education activities from a menu of options developed by the Department. • Develop and distribute at least one written communication to every new and existing household about The Recycling Zone services. • Submit all print materials to the Department for review prior to distribution. • Provide funding source credit from the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency in all printed materials. • Coordinate with Department staff to identify a quantitative waste diversion baseline and annual goal. • Develop and implement collection events of materials to be recycled. • Develop and implement projects and programs to increase residential recycling. • Implement planning for community -wide organics diversion. • Ensure recycling opportunities exist in public spaces owned and/or managed by Municipality. • Establish a recycling rate goal and report tonnages and recycling rates for municipality -owned and/or operated facilities. • Develop municipality -wide diversion metrics. • Complete Priority Issue Program for public gathering areas: o Coordinate with stakeholders to identify opportunities and improvements for recycling in public gathering areas, including parks and non -administrative buildings (e.g., community centers).Expand or initiate collection of recyclables and/or organics at special events and other away -from -home locations. C:1 Dakota County Contract C0027542 o Ensure all trash, recycling and organics containers for parks, public gathering areas and events have consistent messages, images and colors, and follow best practices, as defined by the Department. o Provide education materials to Municipality employees such as signs, trainings and mass communication to implement the Priority Issue. Report quantitative measurements for recycling, organics (if applicable), and trash for public spaces, internal operations, and city -sponsored events. SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the participating Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 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. 9.2 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 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 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 boards. 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 (or successor) Environmental Resources Department Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Matt Little, Mayor (or successor) City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 In addition, notification to the County regarding termination 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. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and 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 Dakota County Contract C0027542 any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Jenny Kedward Telephone: (952) 891-7043 Email: jenny.kedward@co.dakota.mn.us Municipality Liaison: Name: Ann Messerschmidt Telephone: 952-985-4528 Email: amesserschmidt(a)lakevillemn.,gov SECTION 11 TERMINATION 11.1 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. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County 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 County to the Municipality by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties' respective Boards, and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 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 the County of Dakota, State of Minnesota. SECTION 14 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. 9 Dakota County Contract C0027542 SECTION 15 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY Georg Fischer, Director Environmental Resources Department Date of Signature: CITY OF LAKEVILLE APPROVED AS TO FORM: /s/Helen R. Brosnahan 1/7/16 Matt Little, Mayor Assistant County Attorney/Date Date of Signature: County Attorney File No. KS -16-19 Attest County Board Res. No. 15-428 Date of Signature: E