HomeMy WebLinkAbout01-09-2012 AdditionsADDITIONS TO AGENDA
MONDAY, JANUARY 9, 2012
NEW BUSINESS:
1. Approval of SCORE Funding Recycling Grant Agreement
Correspondence Pages 2 through 9.
2. Animal Control Contract
Correspondence Pages 10 through 13.
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MAYOR
Bill llesener
COUNCIL
Rick Montour
John Keis
Michael McGraw
Shelly Boss
515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR
(651) 766 -4029 / FAX: (651) 766 -4048 Joel R Hanson
www.ci.little- canada.mn.us
MEMORANDUM
TO: Mayor Blesener and Members of the City Council
FROM: Joel Hanson, City Administrator
DATE: January 9, 2012
RE: 2012 SCORE Agreement
The City's 2012 SCORE Grant Application was approved by Ramsey County in the
amount of $20,260.00. In order to finalize the grant, the City must approve the Grant
Agreement between Ramsey County and the City of Little Canada.
Staff recommends approval of the Grant Agreement as submitted by the County.
AGREEMENT BETWEEN
RAMSEY COUNTY AND CITY OF LITTLE CANADA
FOR A SCORE FUNDING RECYCLING GRANT
This Agreement is between Ramsey County (the "County ") and the City of Little Canada (the
"Municipality ").
1. OBLIGATIONS
a. Collection
1. The Municipality is obligated to provide for curbside recycling weekly or every other week
for at least the following materials:
a. Mixed paper (e.g., mail, office and school papers)
b. Newspaper, inserts and phonebooks
c. Glossy paper (e.g., magazines and catalogs)
d. Corrugated cardboard (e.g., mailing boxes and moving boxes)
e. Paper board or boxboard (e.g., cereal boxes, shoe boxes, and boxes from toothpaste,
medications and other toiletries)
f. Metal food and beverage cans
g. Plastic bottles (such as those for beverages, condiments, detergent, shampoo and body
lotion)
h. Glass food and beverage containers.
2. The County expects the Municipality to add materials, including organics, to its collection
stream as markets become available.
3. The Municipality shall assure residential recycling service is available recycling weekly or
every other week to residents at their place of residence, including all multi -unit housing and
manufactured home parks.
4. The Municipality will maintain a long -term funding mechanism for its residential recycling
programs.
b. Communications
Pursuant to State law, outreach, education and promotional materials must address waste and
toxicity reduction, recycling, separate management of organic waste, recycled products,
composting, clean -ups, and other waste - related issues. To be eligible for SCORE funds under
the Agreement, municipalities must use elements of Ramsey County's outreach, educational and
promotional tools throughout the municipalities' own outreach, education and promotional
vehicles, including but not limited to direct mailing postcards, utility bill inserts, municipality
web pages and municipality newsletters. Municipalities will be provided with and shall use a
Communication Checklist (Attachment B) that outlines the minimum requirements for
communication about waste management programs. Copies of written materials, or links to
electronic materials, shall be provided to the County.
c. Reimbursement
1. The Municipality shall incur expenses for reimbursement by the County in accordance with
the budget established in Attachment A. This budget may be modified by the Municipality
2012 SCORE Agreement for Non -JPA cities
only with the express written consent of the Saint Paul- Ramsey County Department of
Public Health, Environmental Health Section. Funds not spent by the Municipality during
the budget year will be retained by the County. Unspent funds will be available to the
County to use for SCORE- eligible expenditures.
2. Subject to the provisions of section 1.c., the County shall reimburse the Municipality for
invoices, in a form determined by the County, consistent with Attachment A submitted by
the Municipality, according to the following schedule:
For the period of: Reimbursement will occur after:
January 1 - March 31
April 1 - June 30
July 1 - September 30
October 1 - December 31
April 1, 2012
July 1, 2012
October 1, 2012
January 1, 2012
This schedule notwithstanding, the County may withhold up to 10% of the total grant
amount until the Municipality submits complete Reports as required by this Agreement.
3. The Municipality shall not use grant funds for expenses, or a portion of expenses, which
have been or will be reimbursed by other parties, or for expenses that do not meet the
eligibility criteria outlined in the SCORE grant application guidelines.
4. The County's obligation under this Agreement is subject to the availability and provision of
funding from the State of Minnesota. The County may immediately cancel this Agreement
or reduce the reimbursement to the Municipality to the extent funds received from the State
are reduced or eliminated. The County is acting as fiscal agent for the Municipality and in
no event shall be obligated to reimburse the Municipality in an amount in excess of that
actually received from the State.
5. The County may deny reimbursement to the Municipality, or seek recovery of payments
disbursed to the Municipality, if the Municipality is unable to verify that recycling collection
service is provided at each place of residence, including multi - family residences and
manufactured home parks. The amount that the County may deny or seek recovery of, is
that portion of the grant amount equivalent to the proportion of households not provided
recycling collection service.
d. Program and Performance Reports
1. The Municipality shall submit a report to the County by February 1. The report will include
program information for January 1 through December 31. The report is to include
information on recycling at all residential units, including multi -unit housing and
manufactured home parks, even if the Municipality does not provide collection services to
those units.
2. The reports shall be submitted in a manner requested by the County.
3. The Municipality shall work with the County to develop and implement a performance
scorecard for the Municipality to measure its progress to achieving recycling goals.
2012 SCORE Agreement for Non -JPA cities
e. Financial Reports
1. The Municipality shall submit, if requested by the County in its sole discretion, an audited
financial report that shows how funds received from the County pursuant to this Agreement
were disbursed.
2. Financial reports shall be in a form to be determined by the County, in its sole discretion.
2. TERM
The term of this agreement shall be from January 1, 2012 through December 31, 2012.
3. CANCELLATION
Either party may cancel this Agreementat any time upon thirty (30) days written notice to the other
party. In the event of termination, the Municipality shall be entitled to reimbursement for those
eligible expenses incurred up to the termination date, provided the expenses have been incurred
according to the budget shown in Attachment A and the Municipality is not otherwise in default of
any terms and conditions in this Agreement.
4. DEFAULT
Any of the following shall constitute default on the part of the Municipality:
a. The failure of the Municipality to use funds in a manner consistent with this Agreement and
Attachment A.
b. The failure of the Municipality or its (sub)contractor(s) to use their best efforts to ensure the
maximum collection and marketing of recyclable materials from all residential units.
c. The failure of the Municipality to provide information satisfactory to the County as required
in this Agreement, including information for the report required under section 1 -b.
d. The failure of the Municipality to meet any terms and conditions of this agreement.
5. GENERAL CONDITIONS
a. All services and duties performed by the Municipality pursuant to this Agreement shall be
performed to the satisfaction of the County and in accordance with all applicable federal, state,
and local laws, ordinances, rules, and regulations as a condition of payment. The Municipality
agrees that it will comply with all federal, state, and local statutes and ordinances relating to
nondiscrimination.
b. The Municipality shall at all times be an independent contractor and shall not be the employee of
the County for any purpose. The County shall not be responsible for the payment of any taxes,
either federal or state, on behalf of the Municipality, nor shall the County be responsible for any
fringe benefits. No Civil Service or other rights of employment will be acquired by virtue of
Municipality's services.
2012 SCORE Agreement for Non -WA cities
c. The Municipality and County mutually agree to defend, hold harmless, and indemnify the other
party, its officials, agents, and employees, from any liability, loss, or damage they may suffer as a
result of demands, claims, judgments, or costs arising out of or caused by the indemnifying
party's performance of their respective obligations under the provisions of this Agreement. This
provision shall not be construed nor operate as a waiver of any applicable limits of or exceptions
to liability set by law.
d. Under no circumstances, however, shall either party be required to pay on behalf of itself or the
other party, any amounts in excess of the limits on liability established in Minnesota Statutes
Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the
parties may not be added together or stacked to increase the maximum amount of liability for any
pay.
e. All data collected, created, received, maintained, or disseminated for any purpose in the course of
this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, or any other applicable State statute, any State rules adopted to implement the Act and
statutes, as well as federal statutes and regulations on data privacy. The Municipality agrees to
abide by these statutes, rules, and regulations.
f All books, records, documents, and accounting procedures and practices of the Municipality and
its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the County
and the State Auditor, as appropriate, in accordance with the provisions of Minnesota Statutes
§16C.05, Subd. 5.
g.
The Municipality shall make all reasonable efforts to ensure that their employees, officials and
subcontractors do not engage in violence while performing under this agreement. Violence, as
defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace
Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any
action involving the use of physical force, harassment, intimidation, disrespect, or misuse of
power and authority, where the impact is to cause pain, fear or injury.
h. The Municipality will be required to pay interest of 11/2 percent per month or any part of a month
to any subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Municipality shall pay the actual penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from
the Municipality must be awarded its costs and disbursements, including attorney's fees, incurred
in bringing the action.
i. All equipment purchased using funds provided in this Agreement shall remain the property of the
Municipality.
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Any amendments to this Agreement shall be in writing and signed by both parties.
6. WASTE REDUCTION
The Municipality shall comply with Minnesota Statues §115A.151 regarding recycling in local
government facilities. The Municipality and its (sub)contraetor(s) shall participate in a recycling
program for at least four broad types of recyclable materials and shall favor the purchase of recycled
2012 SCORE Agreement for Non -JPA cities
products in its procurement processes. All reports, publications and documents produced as a result
of this agreement shall be printed on both sides of the paper, where commonly accepted publishing
practices allow, on recycled and recyclable paper using soy -based inks, and shall be bound in a
manner that does not use glue.
7. PUBLIC ENTITIES MANAGEMENT OF WASTE
The Municipality shall comply with Minnesota Statutes §115A.46 and §1I5A.471 when arranging for the
management of mixed municipal solid waste (MSW) and assure delivery of such waste to a waste
processing facility for resource recovery.
RAMSEY COUNTY CITY OF LITTLE CANADA
By By
County Manager Date Title: Date
Funds are available,
code: 2012-12901-581080-425101-G213001 Approved as to Form:
By By
Budget and Accounting Municipality Attorney
Insurance Approved and Approved as to Form:
By
Assistant County Attorney
Recommended:
By
Director, Department of Public Health
2012 SCORE Agreement for Non -)PA cities
By
Clerk - Treasurer
ATTACHMENT A
CITY OF LITTLE CANADA
2012 SCORE FUNDING GRANT BUDGET
ADMINISTRATION:
PROMOTION ACTIVITIES:
EQUIPMENT:
COLLECTION OF RECYCLABLES:
$0.00
$0.00
$0.00
$20,260.00
TOTAL SCORE GRANT: $20,260.00
Attachment B
Communication Checklist
Pursuant to State law, outreach, education and promotional materials must address waste and toxicity
reduction, recycling, separate management of organic waste, recycled products, composting, clean -ups,
and other waste - related issues. To be eligible for SCORE funds under the Agreement, municipalities
must use elements of Ramsey County's outreach, educational and promotional tools throughout the
municipalities' own outreach, education and promotional vehicles, including but not limited to direct
mailing postcards, utility bill inserts, municipality web pages and municipality newsletters. Copies of
written materials, or links to electronic materials, shall be provided to the County at the end of the
calendar year.
Minimum requirements
1. Identify a communication contact for each municipality to the County's Recycling Coordinator by
February 1, 2012.
2. During 2012 the Municipality shall directly contact all residents at least two times during the
calendar year using either print or electronic outreach tools. The outreach tools may include municipal
newsletters, bill inserts, electronic delivery of information, postcards or tags left at curbside. Content of
the outreach tool must include information on the city recycling program, the Ramsey County household
hazardous waste program and the Ramsey County yard waste program.
3. The following must be incorporated in general print and electronic outreach, education and
promotion tools used by the municipality. Whenever possible, all of the following should be included,
but it is understood that in some cases that may not be possible. Each of the following should be
communicated a minimum of two times during the calendar year to each household:
• 633.EASY (3279) 24/7 Ramsey County Recycling and Disposal hotline (logo provided by County
Recycling Coordinator)
• RamseyAtoZ.com (logo provided by County Recycling Coordinator)
• Ramsey County Yard Waste hours and locations
text provided by the County Recycling Coordinator
web link: www.co.ramsey.mn.us/ph or www. co. ramsey. mn .us /ph /rt /collection_sites.htm
• Ramsey County Household Hazardous Waste program hours and locations
text provided by the County Recycling Coordinator
web link: www.co.ramsey.mn.us /ph or
www.co.ramsey.mn.us /ph /hw /household_ hazardous _waste_collection_sites.htm
• RethinkRecycling.com (logo provided by County Recycling Coordinator)
• GetLessToday.com (logo provided by County Recycling Coordinator)
ANIMAL CONTROL CONTRACT
This Agreement, made effective the first day of January, 2012, by and between
Animal Control Services, hereinafter referred to as "ACS ", and City of Little
Canada, a Minnesota Municipal Corporation organized under the laws of the
State of Minnesota, hereinafter referred to as "City ".
In consideration of the covenants and agreements, hereinafter set forth, it is
mutually agreed by and between the parties, hereto, as follows:
1. This agreement will continue in effect on a month -to -month basis, unless
terminated as provided herein.
ACS will provide patrol services on the public streets of the City, in a
vehicle suitable for the transportation of small animals, in accordance with
City Ordinances and a schedule agreed upon by both parties. The
vehicle shall have proper identification displayed at all times. ACS shall
maintain and insure such vehicles at all times. In addition to patrol hours,
ACS agrees to maintain at least one vehicle for Call Out service to attend
to cases outside regular patrol hours at the specific request of a law
enforcement agency as approved by the City.
3. ACS shall provide competent personnel, trained in the handling of
animals, in proper uniform and identification including employee's first
name and /or employee number.
4. The City authorizes ACS to apprehend and retain dogs, cats, and other
animals, and /or issue citation tags for violations of the City Ordinances
related to animals. ACS will not take action or private property contrary to
the expressed wishes of the owner of said property, nor forcibly take an
animal from any person, without the instruction, approval, and assistance
of a duly licensed Ramsey County Sheriff Department Deputy with current
jurisdiction that includes the private property where the animal is located.
5. ACS shall impound and board animals as directed by written order of an
authorized City representative, or by ruling of the Minnesota Board of
Health or other Minnesota or United States agency with jurisdiction.
6. Impounded animals shall be checked for identification as required by
Minnesota Statutes, Chapter 346, and kept at Hillcrest Animal Hospital,
1320 County Road D Circle, Maplewood, Minnesota 55109, 651 -484-
7211, in a suitable, humane manner for the period specified in paragraph
9. ACS may temporarily board at an emergency facility if access and /or
treatment is not immediately available at Hillcrest Animal Hospital.
If any animal is unclaimed, the City will pay ACS the charges as agreed
to on Exhibit One to this Agreement within thirty (30) days of the
Statement Date.
8. Before an animal is released to its owner, ACS or its agent shall collect
the charges specified on Exhibit One to this Agreement.
9. In the event that any dogs, cats, other impounded animals are unclaimed
after the expiration of any applicable redemption or quarantine period, or
six (6) days, whichever is longer, they shall become the property of ACS
and may be disposed of or sold at its sole discretion. All proceeds from the
disposition of such animals shall be the sole property of ACS, including
any proceeds received from any animals disposed of in accordance with
Minnesota Statutes, 35.71.
10. The City shall furnish the ACS any required forms or receipts and ACS
shall keep records of all animals impounded.
11. ACS shall defend, indemnify, and hold the City harmless including its
officers, employees or agents from any and all claims, lawsuits, losses,
damages, or expenses on account of bodily injuries, sickness, disease,
death, and property damage, including injury to animals caused by its
employees. ACS shall provide the City proof of commercial general liability
insurance and comprehensive automobile liability in an amount of at least
$500,000.00 per occurrence. ACS shall carry, and shall furnish City proof
of Workers Compensation Insurance coverage required by Minnesota law.
12. ACS shall comply with the Minnesota Data Practices Act and all other
State and Federal laws relating to data privacy or confidentiality, and shall
hold the City and its employees harmless from any claims resulting from
any improper disclosure or use of data it receives or maintains in
performance of this Agreement. ACS shall immediately report to the City
any requests from third parties for information relating to its performance
of this Agreement.
13. ACS agrees to promptly respond to inquiries for information or
documentation from the City related to its performance of this
Agreement.
14. ACS agrees to abide by the requirements and regulations of the
Americans with Disabilities Act of 1990 (ADA), the Human Rights Act
(Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and
any laws governing discrimination based on race, gender, disability,
religion, sexual preference, and sexual harassment. Violation of any of
the above laws can lead to termination of this contract.
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15. This contract shall terminate the earlier of March 31, 2012 or upon
fourteen (14) days written notice to the other party. Any payments due
ACS shall not be affected by termination.
16. Any notice required under applicable laws or this Agreement, may be sent
to the other party as indicated on Exhibit One herein.
17. ACS shall be entitled to apply a fuel surcharge in the event the average
price for unleaded gasoline in the Twin Cities metropolitan area, as
measured by AAA or similar reporting service, is $4.00 per gallon or
higher.
18. ACS shall be an independent contractor, and not an employee of the
City within the meaning of all federal, state and local laws and
regulations governing insurance, workers' compensation, industrial
accident, labor and taxes. City shall not be liable for employment or
withholding taxes respecting ACS and its employees, agents. ACS shall
not, by reason of this Agreement, acquire any benefits, privileges or rights
under any benefit plan operated by the City for the benefit of its
employees including without limitation:
a) any pension; or
b) any plans, coverage's, or benefits covering workers compensation,
medical, dental, disability, or life insurance protection.
ACS agrees and acknowledges that ACS is not authorized to enter into any
contract or assume any obligation on behalf of the City.
CITY OF LITTLE CANADA ACS
By:
WILLIAM BLESENER, Mayor Richard L. Ruzicka,
Animal Control Services
ATTEST:
By
JOEL R. HANSON, Adm.
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ANIMAL CONTROL CONTRACT
EXHIBIT ONE
Patrol $37.00 /hr 4 hours per week between 8:00 a.m &
5:00 p.m.
Call Out $96.00 Non - patrol hours and holidays
The call -out rates are a flat fee, determined by the time the
request is received by ACS.
Animal - Owner Charges - Claimed
$42.00 Administrative Handling Fee
$18.00 Daily Boarding Fee
Statutory Veterinary Services (at cost)
Animal - Town Charges - Unclaimed
$25.00 Animal Surrender Fee
$17.00 Daily Boarding Fee
$58.00 Euthanasia and Disposition
Statutory Veterinary Services (at cost)
Charges herein do not include any applicable sales taxes.
Daily boarding fees are charged for all or any portion of a
calendar day an animal is boarded.
Notices pursuant to this contract shall be given by deposit in the United States
Mail, postage prepaid, addressed as follows:
Mr. Richard L. Ruzicka
Animal Control Services
6400 Colfax Avenue North
Brooklyn Center, MN 55430
City of Little Canada
Joel R. Hanson, City Administrator
515 Little Canada Road
Little Canada, MN 55117
Alternatively, notices required by this contract may be personally
delivered to the persons named above. Notice shall be deemed
given as of the date of personal service or as of the date of deposit
of the notice in the United States Mail.
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