Loading...
Res 2015- 88 Dakota Co JPA 2016 Waste Abatement Community FundingCITY OF M�NDOTA HEIGHTS DA.KOTA COUNTY, MINNESOTA RESOI.UTION 2015-88 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF 1VIENDOTA HEIGEITS FOR 2016 WASTE ASA'TEMENT COMIVIUNITY FUNDING WHEREAS, the Minnesota State Legislature has mandated that communities in the metropolitan area implement recycling programs iil order to reduce the volume of waste being talcen for burial in landfills; and WHEREAS, Dalcota County has adopted a solid waste master plan which sets goals and targets for the accomplishment of solid waste recycling in each community in the county; and WHEREAS, Dakota County provides the local communities with grant funding for implementation and maintenance of local community recycling programs; and WI3EREAS, the City of Mendota Heights has participated faithfully and successfully in the Community Landfill Abatement Prograln from 1989 to 2015 and will continue to participate in 2016. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights does hereby approve the Joint Powers Agreement for 2016 Waste Abatement Community Funding. Adopted by the City Council of the City of Mendota Heights this seventeenth day of November 2015. CITY COUNCIL CITY OF 1VIENDOTA HEIGHTS Sand a Krebsbac , yor ATTEST Lorri Smith, City Clerk JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Mendota Heights (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 cities and the Rural Solid Waste Commission (RSWC) 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 impiement 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 Prog�am continues to increase curbside recycling responsibilities, 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, the RSWC has an additional responsibility for waste tire activities for residents in rural Dakota County; 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 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shail 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 an forms provided by the Department. Public entities have statutory obiigations for waste management that are more restrictive than obligations of the pri�ate sector. The Application requires communities to identify the status of compliance during this 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. [For RSWC only 5.41 COMPLIANCE WITH LAWS/STANDARDS. If a waste tire collection event is conducted, the RSWC shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations, including management of the waste tires collected.] 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 pertormance pursuant to the criteria set forth in this Section. A Performance Scorecard for each Municipality will be used by Department staff for a 3 activities; [for RSWC only: waste tire management education and, if necessary, a waste tire collection event] 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 (not including 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. fi� 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 [for RSWC only: including for waste tire management]. b) Promotional items (bags, water bottles, t-shirts, efc.) 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 [for RSWC only: and Waste Tire Management] 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 rrianagement practices. f) [For RSWC only: Hauling and disposal of waste tires collected at a waste tire collection event for rural Dakofia County residents.] g) 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 Physical Development 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. • Provide funding source credit from the Dakota County Board of Commissioners and the Minnesota Poliution Control Agency in all printed materiais. • 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. o 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. 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. • Repo�t quantitative measurements for recycling, organics (if applicable), and trash for public spaces, internal operations, and city-sponsored events. SECTION 8 PROPERTY Upon termination of tiiis 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 othenivise stated in this Agreement, or in a modification of this Agreement. 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 procedurai 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 unenforceabie, such rendering shaii 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 substantiaily 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 ��P�-r�o � G�� � c� � `�S , ayor Date of Signature: i a�' �,� ��'"" Attest �a��-�- ��• CC�-�-(_-. (title) Date of Signature: rt �. 2-vr5' I_1»�il�l�s��rir�il.�ll� Assistant County Attorney/Date -15- County Board Res. No. 15-