HomeMy WebLinkAboutItem 06.k
Date: Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
2018 DAKOTA COUNTY COMMUNITY FUNDING APPLICATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Dakota County for 2018 Dakota County Community Funding Application.
Overview
Dakota County annually budgets funds to promote and operate Waste Abatement (Recycling)
Programs. The Cities of Apple Valley, Burnsville, Eagan and Lakeville collectively share their
recycling efforts and responsibilities through a partnership named Dakota Valley Recycling
(DVR). DVR’s 2018 Dakota County Community Funding Application (representing all four
participating cities) requests funding in the amount of $247,416. No matching funds are required.
The Joint Powers Agreement (JPA) identifies the responsibilities and funding associated with
administering DVR’s 2018 waste abatement program. The application and work plan are
consistent with Dakota County’s solid waste guidelines and recommendations and support the
program’s goals of providing recycling opportunities to residents and businesses, and developing
educational/outreach programs that promote waste reduction, reuse and recycling.
Primary Issues to Consider
• Funds are used to develop and implement waste abatement programs, educational
programs and outreach activities for residents and businesses that meet waste management
objectives and promote recycling awareness.
Supporting Information
• Joint Powers Agreement (C0029660)
• 2018 Dakota County Community Funding Application
Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: High Quality Education; A Sense of Community and
Belonging
Report Completed by: Mac Cafferty, Environmental Resources Manager
November 20, 2016
JOINT POWERS AGREEMENT BETWEEN
THE COUNTY OF DAKOTA AND THE
CITIES OF APPLE VALLEY, BURNSVILLE,
EAGAN, AND LAKEVILLE DBA DAKOTA
VALLEY RECYCLING FOR 2018 WASTE
ABATEMENT COMMUNITY FUNDING
This Agreement is between the County of Dakota (County) and the Cities of Apple Valley, Burnsville,
Eagan, and Lakeville dba Dakota Valley Recycling (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, 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 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 supports 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 17-490, the County Board approved municipality 2018 community
funding allocations as presented to the Physical Development Committee of the Whole on September 19,
2017, contingent upon the availability of funds and subject to funding levels approved by the County
Board as part of the 2018 Department budget; and
WHEREAS, the Program responsibilities for municipality include ensuring recycling best practices are
followed at public facilities; increasing residential waste reuse and recycling through materials collection;
implementing recycling at large events; providing education and outreach to residents; increasing
organics recycling; and supporting County-led efforts for Master Plan implementation; and
WHEREAS, County responsibilities include providing technical assistance, container labels, and waste
educational messages and images; maintaining waste management information on the County website;
hosting Master Recycler/Composter classes; and providing best practices strategies and resources for
waste diversion measurement, events/festivals, and the food waste prevention and organics diversion
priority issue; and
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Joint Powers Agreement
WHEREAS, separate Joint Powers Agreements with municipalities, or entities acting on their behalf,
identify municipality and County responsibilities and fund allocations.
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.
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 2018 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 and the Municipality, collectively referred to as the
“Parties”.
SECTION 3
TERM
Notwithstanding the dates of the signatures of the Parties, this Agreement shall be in effect January 1,
2018, and shall continue in effect until December 31, 2018, 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 purpose includes: ensure that
residents, businesses and public entities have the opportunity to recycle; and to develop, implement, and
maintain projects, programs, practices, and methods to meet waste abatement objectives. 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.
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.
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Joint Powers Agreement
5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an
Application Packet that includes the annual Work Plan and budget breakdown for each funding activity to
the County by the due date specified in writing by the County and on forms provided by County staff.
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 municipal employees,
residents and businesses, including at municipality-controlled public areas such as parks, community
centers, and city-sponsored events/festivals; must develop and implement programs to increase
residential recycling and organics diversion; and must continue planning to implement community-wide
organics diversion.
5.6 PRIORITY ISSUE PROGRAM. County staff, with input from Municipalities, develops a Priority Issue
Program to accomplish during the multi-year Master Plan reporting cycle. The 2017-2020 Priority Issue is
organics diversion. The 2018 Priority Issue focus is on residential food waste prevention education,
implementing organics diversion from 2016-2017 planning results including (if applicable) implementation
of organics diversion within municipally-owned/operated buildings, and continued progression for
organics best practices and diversion at public facilities and events. The Priority Issue is subject to
change pending Legislation or County strategic planning.
5.7 PERFORMANCE. Municipalities shall report their performance on a bimonthly basis pursuant to
responsibilities set forth in Exhibit 1, using reporting tools provided by the County and providing
documentation including vendor invoices for Work Plan expenses covered by Program funding. County
staff will notify the Municipality in writing if a Recycling Improvement Plan is needed. Within 30 days of
notification, the Municipality shall submit a Recycling Improvement Plan signed by the Municipality’s
authorized representative. The Recycling Improvement Plan must be negotiated with County staff and
specify Municipality activities and a timeframe to achieve compliance.
5.8 ANNUAL REPORT. By January 31, 2019, the Municipality shall submit its Annual Report for the year
2018, on the form prescribed by County staff. The Annual Report must be signed by the authorized
representative for this JPA.
5.9 AUDIT. County staff may audit one or more buildings operated by the Municipality through a waste
sort or other means of waste assessment. This data will be used by the Municipality and County to gauge
how successful the waste management program is, which will influence the Work Plan.
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 2018 allocated
funding for the Municipality, or entity acting on its behalf, shall be in the total amount not to exceed
$247,416.00, as set forth in Exhibit 1.
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Joint Powers Agreement
6.2 FUNDING PAYMENT. Contingent upon approval by County staff of the Municipality’s Annual Report
for the funding year 2017, the County will pay the Municipality the funding amount set forth in paragraph
6.1 above for 2018. Payment will be made in one installment within 30 days of approval of the Annual
Report. Municipalities with a complete Application Packet and an approved Annual Report receive 100%
payment of allocated funds for eligible expenses.
6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described
below. Eligible expenses are for waste abatement projects/programs; education and outreach and priority
issue activities; identified in Exhibit 1 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 described in the Work
Plan.
b) Attending Local Solid Waste Staff meetings.
c) Collecting data and preparing reports demonstrating Work Plan progress and measurements.
d) Memberships and training necessary for eligible activities, not including out-of-state travel or
lodging.
e) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill
abatement activities.
6.3.2 Municipal Facility Recycling
a) Containers necessary to implement best practices at municipality-controlled administrative
buildings and public areas, including parks and community centers.
b) Education materials for municipal employees and visitors, such as signs, trainings and mass
communication.
6.3.3 Waste Abatement Activities
a) Advertising to promote city-sponsored activities to accept recyclable or reusable materials from
residents.
b) Collection and management of paper to be shredded and recycled.
c) Collection and management of mattresses, bicycles, and carpet for reuse or recycling.
d) Collection and hauling services related to traditional recycling at municipality-sponsored or
community events/festivals conducted in partnership with the Municipality to implement best
management practices.
e) Design and implementation of projects and programs to enhance residential, park and public area
recycling.
6.3.4 Residential Outreach and Education
a) Production and dissemination of education information to increase awareness and participation in
residential recycling programs.
b) Newsletter layout services for education on residential recycling and household hazardous waste.
c) County-approved landfill abatement promotional items up to $500.
6.3.5 Priority Issue: Organics Diversion
a) Production and dissemination of education information to increase awareness and participation in
residential organics programs.
b) Collection, hauling services and compostable bags necessary to implement organics diversion at
community events/festivals conducted in partnership with the Municipality.
c) Containers and compostable bags necessary to implement organics diversion in the municipality-
owned/operated building recommended for organics diversion in the 2017 waste sort report.
d) Compostable bags that are needed to support organics collection at a municipality-sponsored or
community event/festival.
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Joint Powers Agreement
e) Planning future organics diversion in one or more municipality-owned buildings that are the
largest organics generators (e.g., community centers).
6.3.6 Solid Waste Master Plan
a) Supporting County-led efforts to implement the Master Plan.
b) Implementing one or more city priority projects to support Master Plan priorities as identified in
the Work Plan.
6.3.7 Non-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, resource recovery, land
disposal) of waste under the municipality’s control.
c) Food or refreshments, unless approved by County staff as compliant with Dakota County Policy
1560.
d) Payment for collection and management of items that are banned from the landfill (e.g.
appliances, hazardous waste, electronics, yard waste).Other expenses may be eligible with prior
written approval from County staff.
e) Costs exceeding $500 in the funding year for promotional items used to implement waste
abatement programs.
6.4 FUNDING PAYMENT AND WORK PLAN ADJUSTMENTS. The Dakota County Environmental
Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as
requested by the Municipality in the Application Packet, 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. The Municipality must expend the
community fund by the end of the calendar year, unless prior written approval is received from the
Director. Municipalities must return unspent funds (the difference between the amount of funds provided
and the amount a Municipality reports as expended), must return funds if expenditures or activities are
determined by County staff as not consistent with Exhibit 1, and must return funds if County staff
determines performance has not been remedied as identified in the Recycling Improvement Plan
pursuant to Section 5.7. If the Municipality fails to fulfill responsibilities, the County m ay choose to
implement activities in the municipality and may recover costs in accordance with Dakota County Solid
Waste Ordinance 110.
The Director shall have the authority to approve modifications to the Work Plan as requested by the
Municipality, as long as the Work Plan modifications do not cause the amount payable under this
Agreement to exceed the amount approved by the County Board and are consistent with Exhibit 1. Only
Work Plan modifications approved by the Director are an eligible expense. Approved Work Plan
modifications to reduce or eliminate activities requires the return of related unspent funds.
6.5 FUNDING PAYMENT DEDICATED ACCOUNT. Municipalities must deposit and maintain funds in a
dedicated bank account. Program funds are prohibited from being commingled with any other funds or
used for non-approved activities.
SECTION 7
RESPONSIBILITIES OF THE PARTIES
The Municipality shall fulfill the following responsibilities under this Agreement and as described in
Exhibit 1.
Use County-developed resources for all required residential education; submit all outreach materials to
County staff at least three business days before publication for review; and provide funding source credit
on all print materials: Partially funded by the Minnesota Pollution Control Agency and Dakota County"
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Joint Powers Agreement
SECTION 8
PROPERTY
Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by
the County and provided to the 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
Environmental Resources Department Director
Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124
TO THE MUNICIPALITY Sue Bast
13713 Frontier Court
Burnsville, MN 55337
In addition, notification to the County regarding termination under Section 11 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, 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: Gena Gerard
Telephone: (952) 891-7021
Email: gena.gerard@co.dakota.mn.us
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Municipality Liaison: Sue Bast
Telephone: (952) 895-4524
Email: Sue.Bast@ci.burnsville.mn.us
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 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.
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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated
below.
COUNTY OF DAKOTA COUNTY
_ _
Georg T. Fischer, Director
Environmental Resources Department
Date of Signature: _ _
CITIES OF APPLE VALLEY, BURNSVILLE, EAGAN,
LAKEVILLE DBA DAKOTA VALLEY RECYCLING
_ _
Sue Bast
Date of Signature: _
APPROVED AS TO FORM:
/s/Helen R. Brosnahan 11/2/17
Assistant Dakota County Attorney/Date
KS-17-422-009
Resolution Number: 17-490
Attest ____________________________
______________________________(title)
Date of Signature: ___________________
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