HomeMy WebLinkAboutCC PACKET 02142012H.R.A. Meeting immediately
following regular meeting
+CITY OF ST. ANTIMONY
CITY COUNCIL MEETING AGENDA
February 14, 2012
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration Discussion and Possible Action on All of the foffoijing items.
I. Approval of the February 14, 2012, City Council Meeting Agenda. (action .requested)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a
Councilmember or citi.Zen so requests, in which event the item 2vill be removed from the Consent Agenda and placed elsswhere on the agenda.
A. Approval of January 24, 2012, Council Meeting Minutes. (pp. 1 — 6)
B. Licenses and Permits. (p. 7)
C. Claims. (pp. 8 —11)
D. Resolution 12-020; Approving an Amendment to the Joint Pourers Agreement between the City of St. Anthony
and Ramsey County for the Use of Yard Waste Management Site using the City's Allocation of SCORE Funds
for the period of January 1, 2012 through December 31, 2017. (pp. 12 19)
E. Resolution 12-021; Approving State of Minnesota joint Powers Agreements with the City of St. Anthony on
Behalf of its City Attorney and Police Department. (pp. 20 — 37)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 12-022; Approving the Contract with Greater Metropolitan Housing Corporation. Suzanne Snyder,
GMHC is presenting. (pp. 38 — 55)
B. Goal Setting Report. Dave Unmacht, Springsted is presenting. (Booklet) (motion only)
C. Resolution 12-023; Ratifying the 2012 Agreement between the City of St. Anthony and International Union of
Operating Engineers, Local 49, AFL-CIO Representing the St. Anthony Public Works Department. Mark
Casey, City Manager is presenting. (pp. 56 — 85)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Conned about any item amt included on the regular agenda. Speakers are requested to —to the podium, sign their name and address on
the form at the poe#xm, state their name and address for the Clerk's reord, and limit their remarks to five minutes. Generali#, the City Council will not take of tial action
on items discussed at this time, bot may typically refer the matter to staff for a freture report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
FAComicil Meetings120 i21021420121agendapg4.doex
I CITY OF ST. ANTHONY
2 CITY COUNCIL, REGULAR MEETING MINUTES
3 JANUARY 24, 2012
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councihnembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mark Casey, City Engineer Todd Hubmer, and Director of Public
18 Works Jay Hartman.
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
21 ITEMS.
22
23 1. APPROVAL. OF JANUARY 24, 2012, CITY COUNCIL MEETING AGENDA.
24
25 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
26 Council Meeting Agenda of January 24, 2012.
27
28 Motion carried unanimously
29
30 LL PROCLAMATIONS AND RECOGNITIONS.
31
32 None.
33
34 III. CONSENT AGENDA.
35
36 A. Consider January 10 2012 Council meeting minutes•
37 B. Consider licenses and permits; and
38 C. Consider payment of claims.
39
40 Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve the Consent
41 Agenda items.
42
43
44 Motion carried unanimously
45 IV. PUBLIC HEARING.
46
47 None.
48
49 V. REPORTS FROM COMMISSION AND STAFF
11
City Council Regular Meeting Minutes
January 24, 2012
Page 2
2 A. Resolution 12-016; Approving a Variance to Lakeshore Setback at Silverwood Park at
3 2500 County Road E.
5 Planning Commissioner Jensen presented the request for a variance to the lakeshore setback at
6 Silverwood Park and stated that one resident requested clarification about the City's authority to
7 approve the proposed structure and the resident was advised that Silverwood Park is located in a
8 zoning district different than a residential property owner who might request this type of
9 structure on their property. Iie requested that the resolution be amended to more accurately
10 reflect the Planning Commission's intent as it relates to the fifth "WHEREAS" clause and
1 I suggested the clause be revised to state "WHEREAS, not having the immediate access to the
12 lake, the proposed shed would not create a dangerous situation for park visitors; and..." He
13 explained the intent of the revision is to affirm that the shed is not a safety hazard and stated the
14 Planning Commission reviewed the notion that having oversight of the canoe rental operations
15 near the lakeshore was an important part of the Park's mission and given the distance from the
16 visitor center, the shed's proposed location provides good coverage so the shed does not create a
17 safety hazard.
18
19 Mr. Tom Moffatt, Park Supervisor at Silverwood Park, appeared before the City Council and
20 stated the Park District's intent in requesting it variance is to locate the canoe rental base of
21 operations in close proximity to the lake to afford attendants a clear view of people on the lake to
22 encourage safe operation and to respond appropriately if someone needed assistance. He
23 indicated a 200' setback would place the shed in a location with an obstructed view of the lake
24 and would require transfer of equipment down a steep slope. He added the fifth "WHEREAS"
25 clause was intended to represent that the Park District is trying to prevent an unsafe situation. He
26 indicated they intend to offer canoe and kayak lessons and the Park District's recreation staff will
27 have a much higher level of water safety training. He stated the Park District has rental
28 operations at more than ten locations in the District and tries to locate its rental operations in
29 areas where the attendants have clear sightlines across the water with most being in the range of
30 30'-50' from shore.
31
32 Mayor Faust asked how many canoes are proposed to be on site and the hours of operation.
33
34 Mr. Moffatt replied the Park District has purchased six canoes and four small kayaks for rental.
35 He stated the Park District may explore adding rowboat rentals for fishing and stand-up
36 paddleboards, based on some feedback received; however, at this point, the Park District will
37 focus only on canoe and kayak rentals. He explained that the canoe and kayak rentals will be
38 available 10:00 a.m. to 6:00 p.m. Fridays, Saturdays, and Sundays, with more hours added
39 during the week if there is sufficient demand.
40
41 Mayor Faust indicated that people renting canoes and kayaks will have varying degrees of
42 expertise and there will be people out on the lake who are not aware of the DNR rules as far as
43 right-of-way and properly navigating around the islands, private property, beach, and boat
44 landing area. He asked how the Park District intends to handle these safety issues.
45
City Council Regular Meeting Minutes
January 24, 2012
Page 3
1 Mr. Moffatt explained that standard practice requires all patrons to wear a life jacket and staff
2 will provide patrons with a mini -lesson in paddling as well as a brief introduction to the site, the
3 rules of the road, e.g., traveling in a clockwise direction around the island and following
4 directional signs. He stated that patrons must be at least 16 years of age and there are fairly strict
5 weight limits in the canoes.
9
10
11
12
13
14
15
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18
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21
22
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24
25
26
27
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38
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Mayor Faust noted that the resident who appeared before the Planning Commission questioned
the variance request relative to the City's Recreation/Open Space zoning district requirement of a
200' setback versus a property in the R1A zoning district which requires a 75' setback. He
indicated the .Park District is requesting a variance to place the shed 83' from the shoreline and
did not feel this would hamper the goal of having a pristine, visually pleasing look to the lake.
Councilmember Stille suggested that the fifth "WHEREAS" clause be amended to state
"WI IERIiAS, net having --the- tediate-aee e�he-Iak-e, the pronosed shed, should it not have
immediate access to the lake would create a dangerous situation for park visitors."
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution
I2-016; Approving a Request for a Variance to the Lakeshore Ordinance for Silverwood Park
Located at 2500 County Road E, as amended.
Motion carried unanimously.
VI. GENERAL BUSINESS OF COUNCIL.
A. Resolution 12-017; Callina a Hearing for the 2012 Street and Utility Improvements.
City Engineer Hubmer presented the proposed 2012 street and utility improvements project and
advised the project has been slightly revised from the feasibility study to add the sanitary sewer
pipe bursting project at Diamond Eight Terrace, drainage improvements on Lowry Avenue, and
back yard drainage improvements on 3611 Avenue between Harding and Coolidge Streets. He
explained the street and utility reconstruction project on Belden Drive from 36°i to 34°' Avenues
NE, Coolidge Street from 36'x' to 34'x' Avenues NE, and 35'x' Avenue NE from Belden Drive to
Harding Street, indicating that this will include replacing the streets as well as replacing the
sanitary sewer line with PVC plastic. He indicated the existing water main is over 60 years old
and brittle and will be replaced with ductile iron pipe which is much stronger and more flexible.
lIe reviewed the proposed back yard drainage improvements at the intersection of 36°i Avenue
between Harding and Coolidge Streets and advised that the City solicited open bids for this
portion of the project which will be reviewed with the neighborhood on February 161x' to make
sure the residents still want these improvements. He stated the assessments for the drainage
improvements will be approximately $12,000 for the benefiting residents and will involve
directional drilling. He discussed the proposed sanitary sewer pipe bursting project in the
Diamond Eight Terrace area and stated the City received a bid for $98,000 to repair the pipe
which is in poor repair and includes a partial collapse of the system. He stated another item
added to the 2012 project includes storm sewer drainage improvements on Lowry Avenue, with
the City's portion of the repairs estimated at approximately $22,000 and the remainder paid
through assessments to the Autumn Woods property. He explained the asphalt is in need of
City Council Regular Meeting Minutes
January 24, 2012
Page 4
I repair and the cost to replace the asphalt is estimated at $17,000 but the proposed repair will be
2 concrete, increasing the City's portion by $5,000. He reviewed the total project costs and
3 funding breakdown and explained the total proposed improvements are $2,155,050, with
4 $1,680,808.45 representing the City's share. Ile indicated the proposed back yard drainage
5 improvements are consistent with the City's flood proofing grant program with property owners
6 paying 65% and the City paying 35%. He also reviewed the proposed funding sources and
7 schedule for the 2012 street and utility improvement project.
9 Councilmember Gray requested further information regarding the sanitary sewer pipe bursting
10 project and asked if the City was at risk for experiencing a similar problem in other areas.
11
12 City Engineer Hubmer advised that in 2004, the main line through the southern end of the
13 shopping center collapsed. He noted that this particular line runs parallel to the railroad tracks
14 and vibrations in the soil are believed to have contributed to a shifting in the pipe. He stated that
15 the Macalaster Drive pipe bursting project will install a single polyethylene pipe with no joints in
16 the entire section and the lifespan of this pipe is over 100 years.
17
18 Councilmember Roth asked why the City is picking up the entire cost of replacing the curbing on
19 the Lowry Avenue improvements.
20
21 City Engineer Hubmer explained that typically, parcels benefited by an improvement are
22 assessed for the repair; in this case, Autumn Woods has no access to Lowry Avenue and does not
23 benefit from the Lowry Avenue improvements. He stated the drainage improvements are the
24 result of discussions with Autumn Woods where drainage has been issue for those homes on the
25 south side and it was thought to be reasonable for the City to contribute something toward the
26 pavement repair on the north side.
27
28 Councilmember Roth asked if the benefiting properties are in Minneapolis.
29
30 City Engineer Hubmer replied in the affirmative. He added there has been a concern regarding
31 the drainage in this area for a long time and the proposed improvements are intended to be a final
32 repair. He stated the asphalt in this area is in need of repair and the cost to replace with asphalt is
33 $17,000; however the project proposes to use concrete increasing the cost to $22,000, with
34 Autumn Woods paying for the catch basins.
35
36 Mayor Faust stated his recollection was that the City Council did not want to have a curb
37 installed in this area. I -Ie indicated he was okay with the additional cost for concrete if it
38 alleviates the water run-off from St. Anthony into Minneapolis but was unsure if this was a long -
39 term fix.
40
41 City Engineer Hubmer noted that an advantage with concrete curbing is that it will have catch
42 basins in the concrete and if asphalt was used, it would require rolled asphalt curbing which will
43 not last. He added the concrete curbing will keep the water on the St. Anthony side.
44
45 Councilmember Stille requested a detailed breakdown of the funding sources and project costs at
46 the time of the public hearing on February 28"i.
Cl
City Council Regular Meeting Minutes
January 24, 2012
Page 5
2 Mayor Faust acknowledged the City Council's concerns regarding the City's cost for the Lowry
3 Avenue drainage improvements but reminded the City Council that MWMO will be providing
4 the City with over $1 million for in-line treatment. He felt it was important to remain cognizant
5 of this and stated the proposed improvements are probably the best solution.
6
7 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution
8 12-017; Calling a Hearing for the 2012 Street and Utility Improvements.
10 Motion carried unanimously.
11
12 I3. Resolution 12-018; Declaring the Costs to be Assessed and Ordering Preparation of the
13 Proposed Assessments for the 2012 Street and Utility Improvements.
14
15 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 12-
16 018; Declaring the Costs to be Assessed and Ordering Preparation of the Proposed Assessments
17 for the 2012 Street and Utility Improvements.
18
19 Motion carried unanimously.
20
21 C. Resolution 12-019• Calling. a Hearing on Proposed Assessments for the 2012 Street and
22 Utility Improvements.
23
24 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
25 12-019; Calling a Hearing on Proposed Assessments for the 2012 Street and Utility
26 Improvements.
27
28 Motion carried unanimously.
29
30 D. Ordinance 2012-01 • Relating to Regulation of Tobacco Sales Amending Section 111.057
31 of the St. Anthony City Code (I" Reading) Mark Casey City Manager ro esenting.
32
33 City Manager Casey presented the proposed revisions to the City's tobacco ordinance and stated
34 the current ordinance does not include a provision to hold an owner responsible which means the
35 City cannot cite the owner if smoking occurs on the premises.
36
37 Mayor Faust asked if the City has notified all tobacco license holders.
38
39 City Manager Casey replied that thirty day notice of the proposed revisions was provided to all
40 tobacco license holders.
41
42 Motion by Councilmember Stille, seconded by Councilmember Jenson, to waive the first and
43 second readings of Ordinance 2012-01; Relating to Regulation of Tobacco Sales, Amending
44 Section 111.057 of the St. Anthony City Code.
45
46 Motion carried unanimously.
5
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City Council Regular Meeting Minutes
January 24, 2012
Page 6
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Casey — No report.
Councilmember Stille —No report.
Councilmember Gray — No report.
Councilmember Jenson reported that he and Councilmember Gray met with a resident on
Saturday, January 21", to discuss the proposed Autumn Woods expansion.
Councilmember Roth reminded residents about the annual scholarship funded by Comcast. He
stated information can be found at www.ety 15.ore and he encouraged students to apply if they
qualify. He added the deadline to apply is April 13"i.
Mayor Faust suggested that Councilmember Roth speak to Mr. Wayne Terry about getting the
scholarship information into the counselor's office at the high school.
Mayor Faust reported on his attendance at the following:
• January 12-13 City Council retreat and goal setting session. He stated that a report will
be provided in February. He thanked the City Council for taking time out of their
schedules to attend the two-day retreat.
• January 17°i Chamber of Commerce general membership meeting at City Hall.
• January 17°1 open house for incoming City Manager Mark Casey.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS.
None
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:55 p.m.
Respectfully submitted,
Barbara Hughes (TimeSaver Off'Site Secretarial, Inc)
ATTEST:
City Clerk
Mayor
Saint Anthony Village
DATE: February 14, 2012 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
ent Air Control Heating & A/C, Ham Lake, MN
Comfort, New I lope, MN
US BANK
ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
9083
ST, ANTHONY RETAIL DEVEL
16861
2/1/2012
$1,704.93
8698
EHLERS & ASSOCIATE'S, INC,
16863
2/1/2012
$260.00
20
AA BATTERY CO
16868
2/15/2012
$136.85
9888
ABLE FENCE, INC.
16869
2/15/2012
$640.00
8964
ACCLAIM BENEFITS
16870
2/15/2012
$15.00
8242
AFFILIATED COMPUTER SERV
16871
2/15/2012
$1,605.01
8621
ALLIANCE MECHANICAL
16872
2/15/2012
$23,003.00
9256
ALLIED MEDICAL PRODUCTS
16873
2/15/2012
$138.95
8450
ANIMAL CONTROL SERVICES,
16874
2/15/2012
$167.01
7201
APACHE GROUP
16875
2/15/2012
$1,573.41
9943
ARAMARK
16876
2/15/2012
$11.1.43
3714
B & F FASTENER SUPPLY
16877
2/15/2012
$10.28
9809
BATTERIES PLUS
16878
2/15/2012
$51.19
320
BEISSWENGER'S
16879
2/15/2012
$140.24
4293
BELLBOY CORP.
16880
2/15/2012
$23,738.89
9778
BERNICK'S
16881
2/15/2012
$842.45
9060
BLAINE LOCK & SAFE INC.
16882
2/15/2012
$9750
9648
13OUND TREE MEDICAL LLC
16883
2/15/2012
$670.08
4662
BOURGET IMPORTS
16884
2/15/2012
$260.50
7168
BOYER TRUCKS, INC.
16885
2/15/2012
$320.28
7253
BRAKE & EQUIPMENT WAREHO
16886
2/15/2012
$144.74
4231
CAPITOL BEVERAGE SALES
16887
2/15/2012
$18,642.45
610
CATCO
16888
2/15/2012
$7.50
.0377
CENTERPOINT ENERGY
16889
2/15/2012
$48.00
9907
CENTURYLINK
16890
2/15/2012
$548.80
4080
CHISAGO LAKES DISTRIBUTI
16891.
2/15/2012
$1,166.91
660
CITY OF COLUMBIA HEIGHTS
16892
2/15/2012
$146.00
8275
CITY OF ST. PAUL
16893
2/15/2012
$20.00
8814
CITY WIDE WINDOW SERVICE
16894
2/15/2012
$69.47
4095
COCA COLA BOTTLING COMPA
16895
2/15/2012
$1,086.60
4101
COMMERS CONDITIONED WATE
16896
2/15/2012
$140.86
4107
COMPTON'S COMMERCIAL CLN
16897
2/15/2012
$3,823.99
9367
CPS DISTRIBUTORS, INC.
16898
2/15/2012
$80.00
8602
CROWN TROPHY
16899
2/15/2012
$80.58
9942
CROWNE PLAZA MINNEAPOLIS
16900
2/15/2012
$4,538.46
9820
CRYSTAL SPRINGS ICE
16901
2/15/2012
$84.00
785
DALCO
16902
2/15/2012
$74.10
41.10
DICKSON ELECTRIC
16903
2/15/2012
$598.00
8742
DONALD SALVERDA & ASSOC]
16904
2/15/2012
$500.00
820
DORSEY & WHITNEY
16905
2/15/2012
$4,980.88
9833
ERDMAN/ELLIOT
16906
2/15/2012
$29.98
8697
EXTREME BEVERAGE
16907
2/15/2012
$431.50
9798
FERGUSON WATERWORKS
16908
2/15/2012
$1,048.48
9948
FIRE INSTRUCTORS AND TRA
16909
2/15/2012
$170.00
9824
FIRE SAFETY USA, INC.
16910
2/15/2012
$163.53
ri
US BANK
ST. ANTHONY VILLAGE
CHECK REGISTER
9
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
9229
FIRSTLAB
16911
2/15/2012
$89.90
.0376
FRECHETTE/BRENDA
16912
2/1.5/2012
$287.50
8238
FULLER/CHRIS
1.6913
2/15/2012
$173.06
1030
G & K SERVICES INC
16914
2/15/2012
$794.44
1180
GOODIN COMPANY
16915
2/15/2012
$64.13
9854
GOPHER STATE ONE CALL
16916
2/15/2012
$189.05
4172
GRAPE BEGINNINGS, INC.
16917
2/15/2012
$2,156.17
7188
H & L MESABI INC
16918
2/15/2012
$524.26
1420
HAWKINS, INC
16919
2/15/2012
$6,767.86
8221
HEDBACK, ARENDT, KOHL
16920
2/15/2012
$3,500.00
9932
HENNEPIN COUNTY TREASURE
16921
2/15/2012
$810.00
9281
HENRICKSEN PSG
16922
2/15/2012
$2,871.37
9160
HEWLITT PACKARD COMPANY
16923
2/15/2012
$1,579.08
1523
HIGGINS INSURANCE AGENCY
16924
2/15/201.2
$1,348.87
4207
HOHF_NSTEIN'S, INC
16925
2/15/2012
$6,333.75
8252
HOME DEPOT CREDITSERVIC
16926
2/1.5/2012
$445.79
861.91ACP-MEMBERSHIP
16927
2/15/2012
$120.00
9233
INDUSTRIAL LADDER & SUPP
16928
2/15/2012
$146.33
9095
INTERSTATE POWER SYSTEMS
16929
2/15/2012
$1.47
4125
JJ TAYLOR DISTRIBUTING
1.6930
2/15/2012
$36,231..59
4220
JOHNSON BROTHERS LIQUOR
1.6931
2/15/2012
$51,782.57
7352
KATH FUEL OIL SERVICE
16932
2/15/2012
$356.96
9598
KONICA MINOLTA BUSINESS
16933
2/15/2012
$58.49
9944
LASER TECHNOLOGY, INC.
1.6934
2/15/2012
$2,142.16
9851
LAW ENFORCEMENTTECHNOLO
16935
2/15/2012
$6,893.50
8434
LEAGUE OF MINNESOTA CITI
16936
2/15/2012
$430.00
9947
LEECH LAKE BREWING COMPA
16937
2/15/2012
$1,363.80
8254
LMCIT % BERKLEY ADMINIST
16938
2/15/2012
$50,854.00
8167
LYNN PEAVEY CO.
16939
2/15/2012
$69.90
9114
M. AMUNDSON LLP
16940
2/15/2012
$3,442.80
2130
MAMA
16941
2/15/2012
$45.00
2240
METROPOLITAN COUNCIL
16942
2/15/2012
$48,356.43
8467
MIDWAY FORD
16943
2/15/2012
$48.09
4277
MIDWESTTAPE & RIBBON IN
16944
2/15/2012
$850.00
9752
MINNEAPOLIS SAW COMPANY,
16945
2/15/2012
$105.43
2355
MINNESOTA GFOA
16946
2/15/2012
$60.00
8494
MINNESOTA MUNICIPAL
16947
2/15/2012
$200.00
7120
MINNESOTA UC FUND
16948
2/15/2012
$259.84
5106
MN CRIME PREVENTION ASSO
16949
2/15/2012
$180.00
5190
MN DEPT NATURAL RESOURCE
16950
2/15/2012
$2,837.55
9914
MURPHY GRANITE CARVING 1
16951
2/15/2012
$368.72
5232
MURPHY'S SERVICE CENTER
16952
2/15/2012
$8.64
8883
NEW FRANCE WINE COMPANY
16953
2/15/2012
$175.00
7312
NORTH AMERICAN SALT COMP
16954
2/15/2012
$3,660.60
9946
NORTH SUBURBAN HAZARDOUS
16955
2/15/2012
$319.56
9945
NORTHEAST WISCONSIN
16956
2/15/2012
$350.00
US BANK
ST. ANTHONY VILLAGE
CHECK REGISTER
10
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
9272
NORTHERN FACTORY SALES 1
16957
2/15/2012
$40.16
9853
NORTHERN GREEN EXPO
16958
2/15/2012
$100.00
9792
NORTHERN SAFETY CO., INC
16959
2/15/2012
$26.03
9523
NORTHSFAR INSPECTION SER
16960
2/15/2012
$8,807.62
45
OFFICE DEPOT
16961
2/15/2012
$930.79
9894
OLVALDE FARM AND BREWING
16962
2/15/2012
$232.02
8528
PACE ANALYTICAL SERVICES
16963
2/15/2012
$336.00
9615
PAETEC
16964
2/15/2012
$234.55
9275
PAT KERNS WINE MERCHANTS
16965
2/15/2072
$330.00
4354
PAUSTIS & SONS
16966
2/15/2012
$3,635.44
9563
PETTY CASH - U.S. BANK
16967
2/15/2012
$164.87
4360
PHILLIPS WINE & SPIRITS
16968
2/15/2012
$33,154.35
8893
PLEAA ATTN:J.F
16969
2/15/2012
$60.00
8851
POWERPLAN
16970
2/7.5/2012
$3,569.86
7057
PRAXAIR
16971
2/15/2012
$18.62
9139
PROPERTY KEY, INC.
16972
2/15/2012
$50.00
4385
QUALITY WINE CO
16973
2/15/2012
$45,081.30
9550
RAMSEY COUNTY
16974
2/15/2012
$156.29
9859
RAMSEY COUNTY LEAGUE OF
16975
2/15/2012
$150.00
9230
ROYAL TIRE INC
16976
2/15/2012
$50.86
9680
SENSUS METERING SYSTEMS
16977
2/15/2012
$668.10
9764
SHARROW LIFTING PRODUCTS
16978
2/15/2012
$41.46
9708
SHI INTERNATIONAL CORP.
16979
2/15/2012
$504.45
9843
SOUTHERN WINE & SPIRITS
16980
2/15/2012
$8,492.10
9259
SPRINT
16981
2/15/2012
$260.00
4782
ST ANTHONY VILLAGE CENTE
16982
2/15/2012
$2,242.49
4780
SURLY BREWING CO
16983
2/15/2012
$2,226.00
3260
T A SCHIFSKY & SONS
16984
2/15/2012
$1,163.53
9774
TERMINAL SUPPLY CO.
16985
2/15/2012
$2.52
7337
TIMESAVER OFF SITE SECRE
16986
2/15/2012
$399.95
3560
TRACY PRINTING
16987
2/15/2012
$912.29
9580
TWIN CITIES FLAG SOURCE,
16988
2/15/2012
$100.46
8010
UNIFORMS UNLIMITED
16989
2/15/2012
$82,49
8336
UNITED ELECTRIC COMPANY
16990
2/15/2012
$208,77
8270
UNITED STATES POSTAL SER
16991
2/15/2012
$700.00
9166
UNIVERSITY OF MINNESOTA
16992
2/15/2012
$175.00
8227
VERIZON WIRELESS
16993
2/15/2012
$1,332.23
3700
VIKING INDUSTRIAL CENTER
16994
2/15/2012
$70.76
4451
VINOCOPIA
16995
2/15/2012
$1,077.51
9484
VOSS LIGHTING
16996
2/15/2012
$441.18
9702
W.D. LARSON COMPANIES LT
16997
2/15/2012
$151.93
4494
WASTE MANAGEMENT OF WI -M
16998
2/15/2012
$693.09
4788
WELLINGTON SECURITY SYST
16999
2/15/2012
$226.43
8316
WINE COMPANY/THE
17000
2/15/2012
$5,233.25
8310
WINE MERCHANTS INC
17001
2/15/2012
$17,227.56
9364
WIRELESS WORLD
17002
2/15/2012
$28.11
US BANK
VENDOR # PAYEE
4175 WIRTZ BEVERAGE - (GRIGGS
9734 WIRTZ BEVERAGE MINNESOTA
8273 WSB & ASSOCIATES, INC.
2680 XCELENERGY
9711 Z WINES USA LLC
ST. ANTHONY VILLAGE
CHECK REGISTER
CHECK #
17003
17004
17005
17006
17007
DATE
AMOUNT
2/15/2012
$39,053.89
2/15/2012
$17,213.94
2/15/2012
$55,652.44
2/15/2012
$11,034.93
2/15/2012
$106.50
TOTAL $598,617.61
11
CITY OF ST. ANTHONY
RESOLUTION 12-020
RESOLUTION TO APPROVE AN AMENDMENT TO THE JOINT POWERS
AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY
COUNTY FOR THE USE OF YARD WASTE MANAGEMENT SITES USING THE
CITY'S ALLOCATION OF SCORE FUNDS FOR THE PERIOD OF
JANUARY 1, 2012 THROUGH DECEMBER 31, 2017
WHEREAS, this Agreement is entered into pursuant to Minnesota Statutes, Section
471.56 between the City of St. Anthony, a political subdivision of the State
of Minnesota and Ramsey County, a political subdivision of the State of
Minnesota; and
WHEREAS, Ramsey County operates a yard waste management system, which includes
seven (7) sites for the collection of yard waste from Ramsey County
residents; and
WHEREAS, Yard Waste Policy #4 of the Regional Ramsey County Solid Waste Master
Plan states, "Ramsey County will not allow residents of other counties or
allow commercial yard waste haulers/collectors, lawn services, or tree
services to use County yard waste sites"; and
WHEREAS, a portion of the City of St. Anthony is in Ramsey Comity, and City
residents within that area may use the Country's yard waste sites but those
City residents not in Ramsey County are not allowed to use the County's
yard waste sites; and
WHEREAS, the City of St. Anthony would like to provide additional yard waste
management opportunities to all of its residents, whether they reside in
Ramsey County or Hennepin County; and
WHEREAS, Ramsey County is willing to make yard waste services available to the City
of St. Anthony for a reasonable cost, and provide an exception to Yard
Waste Policy #4 to address the practical difficulties of providing yard waste
services for residents of the City because this City Inas significant
population in two (2) counties; and
WHEREAS, the City of St. Anthony and Ramsey County have determined that the
amount of SCORE, funds allocated to the City on an annual basis
approximates the cost of Ramsey County in providing the City of St.
Anthony residents that reside in Hennepin County with yard waste services;
and
WHEREAS, the Ramsey County Board of Commissioners has approved the Amendment
to the Joint Powers Agreement between Ramsey County and the City of St.
Anthony dated January 24, 2012 that states that Ramsey County will
directly apply SCORE funds previously available to the City of St. Anthony
directly apply SCORE funds previously available to the City of St. Anthony
for other eligible uses directly to Yard Waste Program for use by the
residents of St. Anthony regardless of County residence, for the period of
January 1, 2012 through December 31, 2017.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
does hereby approve the Joint Powers Agreement between the City of St. Anthony and
Ramsey County as amended; and
BE IT FURTHER RESOLVED, the City Council of the City of St. Anthony approves the
Joint Powers Agreement between the City of St. Anthony and Ramsey County for the use
of Yard Waste Management sites, for the period of January 1, 2012 through December 31,
2017.
Adopted this 14°i day of February_, 2012
ATT ST:
City Clerk
Reviewed for administration:
Mayor
City Manager
13
STAFF REPORT
To: Mayor and City Council
Mark Casey, City Manager
From: Kim Moore, Assistant City Manager ek-11
Date: February 14, 2012
Subject: Amendment to the Ramsey County Joint Powers Agreement for Use of Yard Waste
Management Sites.
Background: In 2005, the City of St. Anthony entered into a Joint Powers Agreement with Ramsey County
whereby the County would allow residents from the Hennepin County portion of the City to use the
Ramsey County yard waste collection facilities in Ramsey. It was determined that the City of St. Anthony
would reimburse Ramsey County the amount of the City's SCORE grant funds, which are approximately
$5,000.
The initial process for obtaining and dispersing SCORE funds for the Yard Waste facility was that staff
would request the SCORE funds for the year receive the funds and then have Finance submit a check back
to the County when the City received the invoice for the yard waste facility. This process was long and
drawn out, taking up several months at the beginning of each year to complete. The Finance Director,
Ramsey County SCORE. Punds Coordinator and staff often discussed ways to make this transfer of funds
more efficient, but the language of the original JPA made no allowances for a more direct disbursement of
funds. The new proposed language allows Ramsey County to directly apply SCORE funds previously
allocated to the City of St. Anthony for eligible recycling costs.
The attached resolution is the result of many conversations, the development of amended text to the
existing JPA and County Board approval.
2012j I) a amedment ramsey co recycling str rpt(to c
14
Resolution
Board of
Ramsey County Commissioners
Presented By: Commissioner Reinhardt Date: January 24 2012 No. 2012-031
Attention: Public Health
Page 1 of 2
WHEREAS, Ramsey County operates a yard waste management system, which
includes seven sites for the collection of yard waste from Ramsey County residents; and
WHEREAS, Yard Waste Policy #4 in the Regional/Rarnsey County Solid Waste
Master Plan states, "Ramsey County will not allow residents of other counties or allow
commercial yard waste haulers/collectors, lawn services, or tree services to use County
yard waste sites"; and
WHEREAS, A portion of the City of Saint Anthony is within Ramsey County, and
City residents within that area may use the County's yard waste sites, but those City
residents not in Ramsey County are not allowed to use the County's yard waste sites;
and
WHEREAS, The City of Saint Anthony would like to provide additional yard waste
management opportunities to all of its residents, whether they reside in Ramsey County
or Hennepin County; and
WHEREAS, Ramsey County is willing to make yard waste services available to
the City of Saint Anthony for a reasonable cost, and provide an exception to Yard Waste
Policy #4 to address the practical difficulties of providing yard waste services for
residents of the City because this City has significant population in two counties; and
WHEREAS, The City of Saint Anthony and Ramsey County have determined that
the amount of SCORE funds allocated to the City on an annual basis approximates the
cost of Ramsey County providing the City of Saint Anthony residents that reside in
Hennepin County with yard waste services; Now, Therefore, Be It
Ramsey County Board of Commissioners
Tony Bennett
Toni Carter
Jim McDonough
Jan Parker
Victoria Reinhardt
Janice Rettman
Rafael Ortega
Rafael E. Ortega, Chair
By: - —
BOKhre C. Jackelen
Chief Clerk - County Board
15
Resolution
Board of
Ramsey County Commissioners
Presented By: Commissioner Reinhardt Date: January 24 2012 No. 2012-031
Attention: Public Health
Page 2 of 2
RESOLVED, The Ramsey County Board of Commissioners approves the Joint
Powers Agreement between Ramsey County and the City of Saint Anthony for Use of
Yard Waste Management Sites, for the period of January 1, 2012 through December
31, 2017; and Be It Further
RESOLVED, The Board authorizes the Chair and Chief Clerk to execute the
Joint Powers Agreement.
Ramsey County Board of Commissioners
Maa
Tony Bennett
Toni Carter
Jim McDonough
Jan Parker
Victoria Reinhardt
Janice Rettman
Rafael Ortega
Rafael E. Ort , Chair
By: _
Bonnie C. Jackelen
Chief Clerk — Coun o d
MR
17
JOINT POWERS AGREEMENT BETWEEN
RAMSEY COUNTY AND CITY OF SAINT ANTHONY
FOR USE OF YARD WASTE MANAGEMENT SITES
USING THE CITY'S ALLOCATION OF SCORE FUNDS
This Agreement is entered into pursuant to Minnesota Statutes Section 471.59 between Ramsey
County (the "County"), a political subdivision of the State of Minnesota, and the City of Saint
Anthony (the "City"), a political subdivision of the State of Minnesota.
Whereas, Ramsey County operates a yard waste management system, which includes
seven sites for the collection of yard waste from Ramsey County residents; and
Whereas, Ramsey County provides a portion of its SCORE funds to municipalities for
SCORE related activities, and uses some of its SCORE funds for the operation of the County's
yard waste sites; and
Whereas, the Ramsey County Solid Waste Management Plan states that "Ramsey County
will operate a system of yard -waste sites that are convenient, provided at no charge to site users,
and only for residents of Ramsey County," and
Whereas, a portion of the City of Saint Anthony is within Ramsey County, and City
residents within that area inay use the County's yard waste sites, but those City residents not in
Ramsey County are not allowed to use the County's yard waste sites; and
Whereas, the City would like to provide additional yard waste management opportunities to
all of its residents, whether they reside in Ramsey County or Hennepin County, and
Whereas, Ramsey County is willing to make yard waste services available to the City of
Saint Anthony for a reasonable cost, and provide an exception to the policy identified above to
address the practical difficulties of providing yard waste services for residents of the City because
this City has significant population in the two counties; and.
Whereas, the City would forgo using SCORE funds for any purpose other than making the
Ramsey County yard waste sites available to all of its residents, Now, therefore, it is agreed:
COUNTY OBLIGATIONS
a. The County shall allow all residents of the City, regardless of county of residence, to use
County yard waste sites at the same level of service that the sites are available to County
residents.
b. The County will provide the City with information about site services, hours and dates of
operation, and site rules, for use by the City in promoting the sites.
c. The County will apply SCORE funds previously available to the City for other eligible uses
directly to the yard waste program for the use of the sites by residents as described in 1.a.
d. The County will work with the City to cooperatively promote waste management programs.
2. CITY OBLIGATIONS
a. The City will forgo its annual allocation of Ramsey County SCORE funds in order to assure
services for those City residents that do not reside in the County.
b. Pursuant to the Ramsey County Solid Waste Management Master Plan, the City has a
number of obligations related to SCORE related activities, that it shall perform, as outlined
below:
i. The City is obligated to provide for recycling weekly or every other week to
people at their place of residence including but not limited to curbside,
multi -unit housing and manufactured home parks for the materials required
in the Ramsey County Solid Waste Master Plan.
provided by the party under the terms of this agreement. Nothing in this agreement shall
constitute a waiver by either party of any limitations or exceptions of liability under
Minnesota Statutes Chapter 466.
b. Data Practices 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.
c. Access to Documents 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.
Equal Employment Opportunity The City and County agree to comply with all federal,
state and local laws, resolutions, ordinances, rules regulations and executive orders
pertaining to unlawful discrimination on account of race, color, creed, religion, sex, sexual
preference, marital status, status with regard to public assistance, disability or age. When
required by law and requested by the other party, each party shall furnish a written
affirmative action plan to the other party.
RAMSEY
itz
hair
Board of Co issioners
Bonnie JackelenClerk
Ramsey Couunnty' /oard of Commissioners
Date:
Approv as to Form:
i
By'—
y _--
Assistant County Attorney
Recommended:
By
Public Health Director
CITY OF SAINT ANTHONY
By l d
Title: ((AU q � v
Date:
19
Attachment A
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. 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)
• RamseyAtoLcom (logo provided by County Recycling Coordinator)
• Ramsey County Yard Waste hours and locations
text provided by the County Recycling Coordinator
web link: www.co.ramsev.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.ramsev.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)
20
CITY OF ST. ANTHONY
RESOLUTION NO. 12-021
RESOLUTION APPROVING STATE OF MINNESO'T'A JOINT POWERS AGREEMENTS WITH THE CITY
OF ST. ANTHONY ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of St. Anthony on behalf of its Prosecuting Attorney and Police Department desires to enter into
Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to
use systems and tools available over the State's criminal justice data communications network for which the City is
eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity,
systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network
connection.
NOW, THEREFORE, BE 1T RESOLVED by the City Council of St. Anthony, Minnesota as follows
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its
Department of Public Safety, Bureau of Criminal Apprehension and the City of St. Anthony on behalf of its Prosecuting
Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this
Resolution and made a part of it.
2. That the Police Chief, John Ohl, or his successor, is designated the Authorized Representative for the Police
Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may
be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Dominic Cotroneo is appointed as the
Authorized Representative's designee.
3. That the City Attorney, Steve Carlson, and/or City Attorney Katrina Joseph, or his or her successor, is designated the
Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any
subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to
the systems and tools offered by the State.
4. That Jerome O, Faust, the Mayor for the City of St. Anthony, and Barbara Suciu, the City Clerk, are authorized to sign
the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the Council on this 14°i day of February, 2012
CITY OF ST. ANTHONY
By: Jerome O. Faust
Its Mayor
ATTEST:
By: Barbara Suciu
Its City Clerk
Alcohol
and Gambling
Enforcement
Bureau of
Criminal
Apprehension
Driver
and Vehicle
Services
Emergency
Communication
Networks
Homeland
Security and
Emergency
Management
Minnesota
State Patrol
Office of
Communications
Office of
Justice Programs
Office of
Traffic Safety
State
Fire Marshal
SCA
Bureau of Criminal Apprehension
1430 Maryland Avenue East • Saint Paul, Minnesota 55106
Phone: 651.793.7000 • Fax: 651.793.7001 • TTY: 651.282.6555
wwwAps.state.mn.us
January 12, 2012
Mark Casey, City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Casey:
Your Prosecuting Attorney has recently requested a new service (eCharging) which is court
issued; this request will require our new BCA Master Joint Powers Agreement (JPA) along
with a Court Data Services Subscriber Amendment (Amendment) to that JPA.
The BCA was granted authorization to sign this Amendment on behalf of the Courts.
Unclosed you will find six copies of the JPA along with six copies of the Amendment. "They
have been sent together so these can be taken to, and be approved by, the City Council
together.
By law (Minn. Stat. §471.59, Subd. 1), the JPA and the Amendment must be approved by
your, city council. A sample resolution for your use is also enclosed. If you would prefer an
electronic version please visit https://dps.mr?.gov/divisions/bca/bca-
divisions/tntiis/Pa es/calalc _services.tist x.
Here's what we need from you:
I: I A copy of the city council's resolution approving the JPA and Amendment or a copy
of the meeting minutes showing the approval. Unapproved meeting minutes are
acceptable.
For statutory cities, the mayor and city clerk must sign the enclosed agreements
(Minn. Stat. §412.201).
IJ For home rule charter cities, the council may delegate signing to a city employee
(Minn. Stat. Ch. 410).
0 For home rule charter cities, a copy of the document delegating signing authority.
❑ All six copies of both the JPA and Amendment with appropriate signatures.
If you have any questions please contact me at 651-793-2734 or Julie.iohansen c�state.uin.us.
Sincerely,
Julie Johansen
Contracts and Grants Specialist
Enclosures
EQUAL OPPORTUNITY EMPLOYER
SWIFT Contract fl 40525
MN027251A 22
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
CRIMINAL JUSTICE AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of St. Anthony on behalf of its Prosecuting Attorney (".Agency").
Recitals
Under Minn. Stat. § 471.59, the 13CA and the Agency are empowered to engage in such agreements as are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice
data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains
repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties.
Agency wants to access these data in support of its criminal justice duties.
The propose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
Terni of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2'Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the RCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information
with RCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use RCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA will provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
SWIhT Contract It 40525
MN027251A 23
2.4 Agency policies. Both the BCA and the FBI's Criminal .Justice Information Systems (PBT-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
www. dps.state.nur, us/cj do/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
he various systems and tools, information is available at h_tps.//sps, state_nm.us/sites/bcaseivicccatal /default_aspx.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools 'for which Agency is
eligible. Eligibility is dependent on. Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that. when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. tach party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. 'Phis Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided ander this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by
giving notice to the Service Desk, I3CA SeryceDesl)sttzCc_mn us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, RCA's
transaction record meets FBI-CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
]seep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
SWIFT Contract # 40525
MN027251A 24
If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The
transaction record must include the individual user who requested access, and the date, time and content of the
request. The transaction record must also include the date, time and content of the response along with the destination
to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date
the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request.
2.12 Court infornnnimr access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Ser vices
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
of the Court Reco ds delivered through the 13CA systems and tools.
3 Payment
The Agency understands there is a cost for access to the criminal justice data communications network described in
Mimn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible
for the cost of access.
Agency will identify the third party and provide the I3CA with the contact information and its contact person for
billing purposes so that billing can be established. The Agency will provide updated information to BCA's
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via RCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Getz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St, Paul, MN 55106, 651-793-1007, o her
successor.
The Agency's Authorized Representative is Mark Casey, City Manager, 3301 Silver Lake Road, St. Anthony, MN
55418, (612) 782-3301, or his/her successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, or their successors in office.
5.3 Wah,er. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the RCA's liability. The Minnesota Municipal Tot Claims Act, Minn. Stat.
Ch. 466, governs the Agency's liability.
SWIFT Contract It 40525
MN027251A 25
Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the I3CA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
cooperate with FI31 examiners and make any requested data available for review and audit.
7.4'I'o facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 1.3, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement The remedies of
Minn. Stat §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Anrnendment refen�ed to in
Clause 2.12 in order to access and/or submit. Court Records via RCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat Ch. 13 (see section 1390) but is subject to the Rules
of Public Access to Records of the Judicial Blanch promulgated by the Minnesota Supreme Court All parties
acknowledge and agree that Minn. Stat § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission o1' Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes
aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any
restrictions in applicable law. Whet Agency becomes aware that a violation has occurred, Agency will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay.
SWrr,r Contract # 40525
MN027251A 26
9.2.2 IBCA deten nines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by 13CA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its hrdividual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Veurre
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 `.Germination
11.1 Terinivation. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative,
11.2 Termination for Tresufficierd Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8, Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
(TIIE REMAINING PORTION OP THIS PAGE WAS INTENTIONALLY LETT BLANK)
SWIFT Contract ## 40525
MN027251A
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
Individual cenifes Thal fiords have been ennanbered a,s regimed CRIA41NAL APPREHENSION
by Minn. Star. §§ 16A.15 and 16605.
Name:
--------__......_-----_- ---..___...------
Name: (PRINTED)
Signed:
Date;
CFMS Contract No. A-
2. AGENCY
Name:
Signed:
Title:
(with delegated authority)
Date:
Mom:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
Sigied:
Title:
(with delegated authority)
Date:
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By:
Date:
6
27
HE
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER R AGREEMENT
This Court Data Services Subscriber Amendment (`Subscriber Amendment") is entered into by
the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (`BCA") and City of St. Anthony on behalf of its Prosecuting Attorney
(`Agency"), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator's Office (`Court") who shall be entitled to enforce any provisions hereof through
any legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 40525, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as "the CJDN Subscriber Agreement'). Certain 13CA systems and
tools that include access to and/or submission of Court Records may only be utilized by the
Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or
more BCA systems and tools to access and/or submit Court Records to assist the Agency in the
efficient performance of its duties as required or authorized by law or court rule. Court desires to
permit such access and/or submission. This Subscriber Amendment. is intended to add Court as a
party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Corot
that can be enforced by the Court. It is also understood that, pursuant to the Master Joint powers
Agreement for Delivery of Court Data Services to CJDN Subscribers (`Master Authorization
Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber
Amendment on behalf of Court. Upon execution the Subscriber Amendment will be
incorporated into the CJDN Subscriber Agreement by reference. The 13CA, the Agency and the
Court desire to amend the CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TEIW; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in
effect until expiration or termination of the CJDN Subscriber Agreement unless terminated
earlier as provided in this Amendment. Any party may terminate this Amendment with or
without cause by giving written notice to all other parties. Jhe effective date of the termination
shall be thirty days after the other party's receipt of the notice of termination, unless a later date
is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24
shall survive any termination of this Amendment as shall any other provisions which by their
nature are intended or expected to survive such termination. Upon termination, the Subscriber
shall perform the responsibilities set forth in paragraph 7(f) hereof.
2., Definitions. Unless otherwise specifically defined, each tern used herein shall
have the meaning assigned to such term in the CJDN Subscriber Agreement.
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a. "Authorized Court Data Services" means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (`Master Authorization Agreement") between the Court
and the BCA.
1n. "Court. Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which
the current address is www. courts. state.nm.us) or other location designated by the Court,
as the same may be amended from time to time by the Court.
C. "Court Records" means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. "Court Case Information" means any information in the Court
Records that. conveys information about a particular case or
controversy, including without limitation Court Confidential Case
Information, as defined herein.
ii. "Court Confidential Case Information" means any information in
the Court Records that is inaccessible to the public pursuant to the
Rules of Public Access and that conveys information about a particular
case or conn oversy.
iii. "Court. Confidential Security and Activation Information" means
any information in the Court Records that is inaccessible to the public
Pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/lP addresses, Court Data Services
user manuals, Court Data Services Programs, Court Data Services
Databases, and other technical information.
iv. "Court Confidential Information" means any information in the
Court Records that is inaccessible to the public pursuant to the Rules
of Public Access, including without limitation both i) Court
Confidential Case Information; and ii) Court Confidential Security
and Activation Information.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
C. "Policies & Notices" means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to time by the Court.
Policies & Notices for each Authorized Court Data Service identified in an approved
request form under section 3, below, are hereby made part of this Subscriber Amendment
by this reference and provide additional terms and conditions that govern Subscriber's
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
30
I. "Rules of Public Access" means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Mimiesota Supreme Court, as the same may be
amended form time to time, including without limitation lists or tables published from
time to time by the Court entitled Limits on Public Access to Case Records or Limits on
Public Access to Administrative Records, all of which by this reference are made a part of
this Subscriber Amendment. It is the obligation of Subscriber to check from time to time
for updated rules, lists, and tables and be familiar with the contents thereof. It is
contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial
Branch website, for which the current address is www.courts.state.nm.us.
Office.
g. "Court" shall mean the State of Minnesota, State Court Administrator's
Ir. "Subscriber" shall mean the Agency.
i. "Subscriber Records" means any infornnation in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber
Amendment.
3. REQUESTS FOR AUTUORIZED COURT DATA SERVICES. Following
execution of this Amendment by all parties, Subscriber may submit to the BCA one or more
separate requests for Authorized Court Data Services, The 13CA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court
and all such requests approved by the BCA are adopted and incorporated herein by this reference
the sane as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of
the BCA acid/or the Court.
C. Requests for, Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data
Services previously requested by submitting a notice to Court with a copy to the BCA.
Promptly upon receipt of a request for termination of a Authorized Court Data Service,
the BCA will deactivate the service requested. The termination of one or more
Authorized Court Data Services does not terminate this Subscriber Amendment.
Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon
termination of Authorized Court Data Services, the Subscriber shall perform the
responsibilities set forth in paragraph 7(f) hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's
access to and/or submission of the Court Records shall be limited to Authorized Court Data
Services identified in an approved request form under section 3, above, and other Court Records
necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services
shall only be used according to the instructions provided in corresponding Policies & Notices or
3
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other materials and only as necessary to assist Subscriber in the efficient performance of
Subscriber's duties required or authorized by law or court rule in connection with any civil,
criminal, administrative, or arbitral proceeding in any federal, State, or local court or agency or
before any self-regulatory body. Subscriber's access to the Court Records for personal or non-
official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data
Services in any mariner not set forth in this Subscriber Amendment, Policies & Notices, or other
Authorized Court Data Services documentation, and upon any such unauthorized use or
attempted use the Court may immediately terminate this Subscriber Amendment without prior
notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber's duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
]information and to satisfy Subscriber's obligations under this Subscriber Amendment.
C. To limit the use of and access to Court Confidential Information to
Subscriber's bona fide personnel whose use or access is necessary to effect the purposes
of this Subscriber Amendment, and to advise each individual who is permitted use of
and/or access to any Court Confidential Information of the restrictions upon disclosure
and use contained in this Subscriber Amendment, requiring each individual who is
permitted use of and/or access to Court Confidential Information to acknowledge in
writing that the individual has read and understands such restrictions. Subscriber shall
keep such acknowledgements on ,file for one year following termination of the Subscriber
Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgements upon request. For
purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean
individuals who are employees of Subscriber or provide services to Subscriber either on a
voluntary basis or as independent contractors with Subscriber.
d. That, without limiting section 1 of this Agreement, the obligations of
Subscriber and its bona fide personnel with respect to the confidentiality and security of
Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their
relationship with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this
Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RTsCORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
4
32
7. LICENSE; AND PROTECTION OF PROPRIETARY RIGI3TS. During the
tem of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court
Records. Court reserves the right to make modifications to the Authorized Corot Data Services,
Court :Data Services Programs, and Court Data Services Databases, and related materials without
notice to Subscriber. These modifications shall be treated in all respects as their previous
counterparts.
a. Court Data Services Programs. Court is the copyright owner and
licensor of the Court Data Services Programs. The combination of ideas, procedures,
processes, systems, logic, coherence and methods of operation embodied within the Court
Data Services Programs, and all infformation contained in documentation pertaining to the
Court Data Services Programs, including but not limited to manuals, user documentation,
and passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court. is the copyright owner and
licensor of the Court Data Services Databases and of all copyrightable aspects and
coml>onsnts thereof. All specifications and information pertaining to the Court Data
Services Databases and their structure, sequence and organization, including without
limitation data schemas such as the Court XMI.., Schema, are trade secret information off
Court and its licensors.
C. Marks. Subscriber shall neither have nor claim any fight, title, or interest
in or use of any trademark used in connection with Authorized Court Data Services,
including but not limited to the marks "MNCIS" and "Odyssey."
d. Restrictions on Duplication, Disclosure, and Use. Trade secret
information of Court and its licensors will be treated by Subscriber in the same manner as
Court Confidential Information. In addition, Subscriber will not copy any part of the
Court Data Services Programs or Court Data Services Databases, or reverse engineer or
otherwise attempt to discenr the source code of the Court Data Services Programs or
Court Data Services Databases, or use any trademark of Court or its licensors, in any way
or for any purpose not specifically and expressly authorized by this Subscriber
Amendment. As used herein, "trade secret information of Court and its licensors" means
any information possessed by Court which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use. "Trade secret
information of Court and its licensors" does not, however, include information which was
known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly,
from Court or its licensors, information which is independently developed by Subscriber
without reference to or use of information received from Court or its licensors, or
information which would not qualify as a trade secret under Minnesota law. It will not be
a violation of this section 7, stub -section d, for Subscriber to make up to one copy of
training materials and configuration documentation, if any, for each individual authorized
to access, use, or configure Authorized Court Data Services, solely for its own use in
connection with this Subscriber Amendment. Subscriber will take all steps reasonably
necessary to protect the copyright, trade secret, and trademark rights of Court and its
33
licensors and Subscriber will advise its bona fide personnel who are permitted access to
any of the Coast Data Services Programs and Court Data Services Databases, and trade
secret information of Court and its licensors, of the restrictions upon duplication,
disclosure and use contained in this Subscriber Amendment.
C. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if
any, and Subscriber will include in and/or on any copy of the Court Data Services
Programs or Court Data Services Databases, or trade secret information of Court and its
licensors and any documents pertaining thereto, the same copyright and other proprietary
notices as appear on the copies made available to Subscriber by Covet directly or through
the BCA, except that. copyright notices shall be updated and other proprietary notices
added as may be appropriate.
f. Title; Return. The Court Data Services Programs and Court ,Data
Services ,Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any,
made available by the Court to Subscriber directly or through the BCA and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
ten days of a request for termination of Authorized Court Data Service as described in
section 4, Subscriber shall either: (i) uninstall and return any and all copies of the
applicable Court Data Services Programs and Court Data Services Databases, and related
documentation, including but not limited to training and configuration materials, if any,
and logon account information, if any; or (2) destroy the sane and certify in writing to
the Court that the same have been destroyed.
8. INJUNCTIVE RELIEF Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court's licensors, and 'DCA would
not have an adequate remedy at law in the event of an actual or threatened violation by
Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary
damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
deportment, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the results
thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability
of the Court and any Subscriber that is an office, officer, agency, deportment, division, or bureau
of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if
6
34
Subscriber is a political subdivision of the state of Minnesota, liability of: the Subscriber shall be
governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the
BCA is governed by a separate agreement between the Court and the BCA dated December 13,
2010 with DPS -M -0958.
10. AVAILABILITY. Specific terms of availability shall be established by the
Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the
right to terminate this Subscriber Amendment immediately and/or temporarily suspend
Subscriber's Authorized Court Data Services in the event the capacity of any host computer
system or legislative appropriation of funds is determined solely by the Court to be insufficient
to meet the computer needs of the courts served by the host computer system.
IL [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere
in this Subscriber Amendment.
a. Judicial Policy Statement, Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court. shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to
and use of Authorized Court Data Services and Court Records by Subscriber's bona fide
personnel or by means of Subscriber's equipment or passwords, whether or not
Subscriber has knowledge of or authorizes such access and use. Subscriber shall also
maintain a log identifying all persons to whom Subscriber has disclosed its Court
Confidential Security. and Activation Information, such as user ID(s) and password(s),
including the date of such disclosure. Subscriber shall maintain such logs for a minimum
period of six years from the date of disclosure, and shall provide the Court with access to,
and copies of, such logs upon request. The Court may conduct audits of Subscriber's
logs and use of Authorized Court Data Services and Court Records from time to time.
Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly
provide access by the Court to such logs, the Court may terminate this Subscriber
Amendment without prior notice to Subscriber.
C. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide persornnel
having access to or use of Authorized Court Data Services, Court Confidential
Information, or trade secret information of the Court and its licensors where such persons
are alleged to have violated the provisions of this Subscriber Amendment, Policies &
Notices, Judicial Branch policies, or other security requirements or laws regulating access
to the Court Records.
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d. Minnesota Data Practices Act Applicability. If Subscriber is a
Minnesota Government entity that is subject to the Minnesota Government Data Practices
Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not
subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat.
section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court: for access to Court
Records provided via the BCA systems and tools under this Amendment; (3) the use of
and access to Court Records may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law; and (4) these applicable
restrictions must be followed in the appropriate circumstances.
13. FEES; .INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set
forth in applicable 'Policies & Notices, together with applicable sales, use or other taxes.
Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant
to section 3 of this Amendment or upon the initial Subscriber transaction as defined in the
Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice
Subscriber on a rlronthly basis for charges incurred in the preceding month and applicable taxes,
if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not
paid within 30 days of the date of the invoice, the Court may immediately cancel this
Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber
certifies that funds have been appropriated for the payment of charges under this Amendment for
the current fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the
Policies & Notices as provided herein, and the modified fees shall be effective on the date
specified in the Policies & Notices, which shall riot be less than thirty days from the publication
of the Policies & Notices. Subscriber shall have the option of accepting such changes or
terminating this Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED IIEREIN, COURT, COURT'S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH: RESPECT TOTHE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF TIIE INFORMATION CONTAINED IN THE
COURT RECORDS.
36
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed f'or any purpose to be in employee, partner, agent or franchisee of the
Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications
to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
hereunder shall be deemed to have been received when personally delivered in writing or
seventy-two (72) hours after it has been deposited in the United States mail, first class, proper
postage prepaid, addressed to the party to whom it is intended at the address set forth on page
one of this Agreement. or at such other address of which notice has been given in accordance
herewith.
18. NON -WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or
in equity, or to exercise any option herein provided, shall not constitute a waiver of such
provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The
waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply
solely to the instance to which such waiver is directed.
19. FORCE MAJE11RE. Neither Subscriber nog Court shall be responsible for
failure or delay in the performance of their respective obligations hereunder caused by acts
beyond their reasonable control.
20. SEVERABILITY. ]-,very provision of this subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegall or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BENDING EFFECT. Lxcept as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns, including any other legal entity
into, by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. I"his Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or
federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
9
of the C.IDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment,
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Subscriber Amendment in duplicate, intending to he bound thereby.
1. STATE ENCUMBRANCE VEIZIFICA'rION
Individual certifier thaijunds have been encumbered as
required by Minn. Stat, H 16A.15 and 16C.05.
Name:
(PRINTED)
Signed:
Date:
S W IVI' Con tract No.
1 SUBSCRIBER (AGENCY)
Subscriber most attach written verification of
autlicaity to sign on behalf of and buid the entity,
such as an opinion of counsel or resolution.
Name:
(PRINTED)
Signed
Title:
—
(with delegated authority)
Date:
3. 1)lPARTMI3N'P OT' PUBLIC SArE'PY, I31JREAU OP
CRIMINAL APPREHENSION
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Dale.
4. COMMISSIONER OF AI)MINISTRATION
delegated to Materials Management Division
13 y:
Date:
5. COURTS
Aufhoi i t y granted to Bureau of Criminal Apprehension
Name:
(PRINTED)
Sighed:
Title:
(with authorized authority)
Date:
10
37
CITY OF ST. ANTHONY
RESOLUTION 12-022
A RESOLUTION APPROVING THE CONTRACT WITH
GREATER METROPOLITAN HOUSING CORPORATION
WHEREAS, the City of St Anthony agrees to contract with Greater Metropolitan
Housing Corporation (GMHC) for the implementation of housing programs
for St. Anthony Residents; and
WHEREAS, the housing programs will be provided to the residents of St. Anthony
through the Housing Resource Center - Northeast; and
WHEREAS, the housing programs provided by GMHC allow for a variety of
affordable and life -cycle housing for the residents of St. Anthony; and
WHEREAS, the housing programs provided by GMHC also assists the City in its goal
of quality housing, thereby providing opportunities for home ownership;
and
WHEREAS, the City of St. Anthony agrees to contribute to the Housing Resource
Center - Northeast Community Reinvestment Fund to benefit the
residents of the City of St. Anthony.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the contract with Greater Metropolitan Housing Corporation and an
administrative fee of $12,500 for 2012 with that said funding to come from the HRA
General Fund.
Adopted this 14tH day of February, 2012
ATTEST:
Mayor
City Clerk
Review for Administration:
City Manager
Gain hony
Alla (J
Report Date:
Meeting Date:
RE62-kEST-FO OOkNOrL CON S'r.DE7z.ATION
February 14, 2012
February 14, 2012
Agenda Section: VI.A.
ITEM DESCRIPTION:
Resolution 12-022, Approving the Contract with Greater Metropolitan Housing Corporation
MANAGER`S REVIEW:
Please find attached the contract for 2012 with the Greater Metropolitan Housing
Corporation (GMHC). The City of St. Anthony and Greater Metropolitan Housing
Corporation started this contract relationship in 2002. The cost for the annual contract is
$12,500. This fee has been the same since 2009.
Suzanne Snyder, Program Director from the GMHC will be present to review 2011 activities
as well as answer any questions the City Council may have.
ark Casey
City Manager
FACouncil Meetings12012102142012Lstaff GMI IC.docx - I -
39
2/6/201240
Greater Metropolitan Housing
Corporation
Greater Metropolitan Housing
Corporation
The Greater Metropolitan Housing Corporation
(GMHC) is a nonprofit housing organization
established in 1970.
Our purpose is to preserve, improve and increase
affordable housing and assist communities with
housing revitalization.
To accomplish our purpose we:
• Support development of affordable housing with
predevelopment loans
• Build or renovate homes to sell to moderate incorne
families and individuals
• Provide ethically priced and sound mortgage
financing to homebuyers
• Deliver community-based housing services through
the Housing Resource Center Program
Partnership with St. Anthony
Since 2002, the City of St. Anthony Village has
partnered with GMHC to provide Housing
Resource Center services to its residents.
2/6/201241
E
Housing Resource Center Services
The Housing Resource Center provides
homeowners with high quality, individualized
assistance:
Home improvement financing
Construction Consultations
Information and referrals
Home Improvement Financing
• St. Anthony Rehab Incentive Program
• St. Anthony Revolving Loan Program
• Minnesota Housing Loan Programs
2/6/201242
9
St. Anthony Rehab Incentive Program
• City provides a rebate to homeowners for
maintaining and improving their homes
• Depending on income, homeowners can
receive a 10%, 12% or 15% rebate on the
total cost of home improvement up to $3,000
• Households earning up to $96,500 annually
are eligible
Example: Household earning $66,000
annually
• Replaces windows for a total cost of $7,000
• Receives 12% rebate of $840.00
• Homeowner's final cost $6,160.00
2/6/201243
[!
Summary of Rebate Activity
• Total number of Rebates: 80
• Total costs of Rehab projects: $718,584.06
• Total amount of Rebates: $65,609.50
• Average Rebate: $820.12
• Dollars leveraged per project: $10.95
• Funds remaining for additional Rebates:
$47.50
Project Examples
• 18 rebates for exterior improvements (roofing,
gutters, siding, painting, concrete work, doors)
• 12 rebates for general remodeling including
additions and flooring
• 12 rebates for new windows
• 12 rebates for kitchen and bath remodeling
• 8 rebates for furnace/air conditioning replacement
2/6/201244
N1
St. Anthony Revolving Loan Program
• Up to $10,000 loan for home improvements
• 4% interest; maximum term of 7 years
• No household income limits
• Interior and exterior improvement are eligible
Summary of Revolving Loan Program
• Number of loans closed: 14
• Total costs of Rehab projects: $195,117.40
• Total amount of loan funds: $111,679.92
• Additional homeowner funds: $83,437.48
• Funds remaining for additional loans:
$8,320.08
2/6/201245
0
Program Income
Program income as of December 31, 2011:
$54,755.00
Minnesota Housing Fix Up Fund
e $35,000 maximum loan amount
o Current interest rate is 5.99% (subject to
change)
e Maximum term is 20 years
s Household income limit of $96,500
2/6/201246
7
Construction Management
Responsibilities
• Review and approve project bid to comply
with industry standards
• On site inspections for compliance
• Review all documents prior to payment
(Completion Certificate, Lien Waiver, Sworn
Construction Statement, Final Invoice,
Permit)
Contractor Selection
• Give a man a fish and you feed him for a
day, teach a man to fish and feed him for a
lifetime.
• Big contractor verse smaller contractor
should depends on the type of work.
(Example: Plumbing)
• The warranty (Example: Andersen Windows)
• Lowest Price is not always the best deal.
2/6/201247
0
Contractor Licensing
• All contractors must be licensed by the State
of Minnesota or the City of St. Anthony
Village.
• Permits must be issued when required and
closed out for payments to be issued.
• Contact the City of St Anthony Building
Inspector Kevin White @ 763-355-5801 to
determine when a permit and contractor
licensing is required.
Construction Consultations
• On site assessments
• Determine possible solutions
• Write scope of work
• Bid reviews
• Product selection
• Insulation contractor referrals
• Total construction consultations: 760
2/6/201248
9
Homeowner Seminars
• 2011 Homeowner Seminar: 9 people
e 2012 Homeowner Seminar: May 2,d
6:30-7:30 pm
Contact Us
Address: Housing Resource Center - North
2148 — 44th Avenue N,
Minneapolis, MN 55412
Phone: 612-588-3033
2/6/201249
El
CONSULTANT SERVICES AGREEMENT
THIS IS AN AGREEMENT entered into the day of _ , 20 , by and
between the City of Saint Anthony Village, a Minnesota municipal corporation, ("the City"), and
GREATER METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit
corporation ("Consultant").
RECITALS
A. The Consultant has a division called The Housing Resource Center ("I -IRC").
GMIIC has agreed to provide certain Services through HRC (as defined below) in connection
with the City's housing program.
13. The City desires to hire the Consultant to render this technical, professional, and
marketing assistance in connection with housing programs in the City for the term as sett forth in
this Agreement.
C. Consultant is willing to provide such services on the terms and conditions set
forth herein.
It) consideration of the foregoing recitals and following terms, conditions and mutual
promises contained herein, the parties agree as follows:
Scope of Services. The Consultant shall provide services as follows (the
"Services"):
I
. Administer the following home improvement programs for residents of the City
of St. Anthony Village:
MIIFA Fix -tip 'Fund and the MI3FA Rental Rehab Program (collectively the
"MIIFA Programs");
Saint Anthony Village Rebate Incentive Program and Saint Anthony Village
Revolving Loan Program. Each Saint Anthony Village program fund shall be
maintained separately. Program income from the Revolving Loan Fund shall be
held and is not available for use without prior approval of the City Council:
1. Providing information to residents and property owners about the
programs, upon request; assisting the City in marketing programs through
various mediums;
2. Assist the City in developing procedures for the programs;
3. Receipt of applications from residents;
4. Processing applications;
5. Closing loans to qualified applicants in accordance with the applicable
program;
IU.us.3166730.04
50
51
6. Overseeing the draw process for the fiends, including, as necessary,
reviewing draws, reviewing the progress of the work and collecting lien
waivers and certificates of occupancy. Consultant may, for this purpose,
rely on third -party representations and certifications.
7. Provide monthly reports about the number of loans closed and the balance
in each loan program.
b. Assist City residents considering rehabilitation, including property visits, meet
with homeowners and potential contractors, suggest alternatives for rehabilitation
to homeowners, educate homeowners on the construction bid process, assist
homeowners to evaluate bids and work completed and construction progress.
c. Provide housing information to City residents, including information on
emergency assistance, housing rehabilitation, first time liomebuyers and limited
rental information;
d. Assist the City in developing programs to purchase and rehabilitate homes;
e. Coordinate these services out of Consultant's Minneapolis office; and
f. Have Consultant's staff visit residences as determined necessary by Consultant.
2. Term. This Agreement shall be in full force and effect from January 1, 2012 and
shall continue through December 31, 2012, unless otherwise terminated as set forth below.
3. Compensation. For services provided under this Agreement, the City shall pay to
the Consultant Twelve Thousand Five Hundred Dollars ($12,500.00) within thirty (30) days after
execution of this Agreement.
The Consultant shall receive compensation for administering the MHFA Programs directly from
the Minnesota Housing Finance Agency and not from the City.
4. Termination. Notwithstanding any other provision hereof to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any
time in which case the parties shall agree to the amount of fees payable to
Consultant.
b. The City may terminate this Agreement upon the breach by Consultant of any of
its material covenants contained herein, where such breach shall have continued
for a period of thirty (30) days following the receipt by Consultant of a written
notice from the City, specifying the alleged breach; provided, however, if the
nature of a non -monetary breach is such that Consultant cannot reasonably cure
same in the thirty (30) day period, Consultant shall not be deemed to be in breach
Ibms.3166730.04 2
52
if it commences to cure within the thirty (30) day period, and diligently pursues
same to completion within ninety (90) days following receipt by Consultant of
such written notice. In the event of termination by the City hereunder, Consultant
shall be entitled to fees due to the date the notice of breach is sent by the City.
c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy
(ii) files a voluntary petition for reorganization under any bankruptcy law, statute
or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt,
(iv) makes an assignment for the benefit of creditors or applies for or consents to
the appointment of a receiver or trustee as part of or in conjunction with a
"creditor plan" with respect to any substantial part of its assets, or (v) a receiver or
trustee is appointed, or an attachment or execution levied with respect to any
substantial part of its assets, and said appointment is not vacated, or the
attachment or execution not released, within sixty (60) days, then this Agreement
shall, effective as of such date, without notice or further action by either party,
immediately terminate.
d. Consultant may terminate this Agreement upon the breach by City of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by City of a written notice from
Consultant, specifying the alleged breach; provided, however, if the nature of a
non -monetary breach is such that City cannot reasonably cure same in the thirty
(30) day period, City shall not be deemed to be in breach if it commences to cure
within the thirty (30) day period, and diligently pursues same to completion
within ninety (90) days following receipt by City of such written notice. In the
event of termination by Consultant hereunder. Consultant shall be entitled to
retain the entire fee under this Agreement.
5. Insurance.
a. During the term of this Agreement, the Consultant shall obtain and maintain
workers compensation, comprehensive general liability, and automobile liability
insurance. Comprehensive general liability insurance shall have an aggregate
limit of Two Million Dollars ($2,000,000.00).
b. Upon request by the City, the Consultant shall provide a certificate or certificates
of insurance relating to the insurance required. Such insurance secured by the
Contractor shall be issued by insurance companies licensed in Minnesota. The
insurance specified may be in a policy or policies of insurance, primary or excess.
C. Such insurance shall be in force on the date of execution of an Agreement and
shall remain continuously in force for the duration of the Agreement.
ibms.3166730,04 3
53
6. Indemnification.
a. Notwithstanding anything to the contrary in this Agreement, the City, its officers,
agents, and employees shall not be liable or responsible in any manner to the
Consultant, the Consultant's successors or assigns, the Consultant's subcontractors,
or to any other person or persons for any third party claim, demand, damage, or
cause of action of any kind, nature, or character, including intentional acts, arising
out of or by reason of the performance of this Agreement by Consultant. The
Consultant, and the Consultant's successors or assigns, agree to protect, defend and
save the City, and its officers, agents, and employees, harmless from all third party
claims, demands, damages, and causes of action, to the extent caused by the
negligence or wrongful acts of Consultant, and the costs, disbursements, and
expenses of defending the same, including but not limited to, attorneys fees,
consulting services, and other technical, administrative or professional assistance.
b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation of any immunity or limitation on liability to which the City is entitled
under Minnesota Statutes, Chapter 466, or otherwise.
7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in
whole or in part without the prior written approval of the City.
8. Conflict of Interest. The Independent Contractor shall use best efforts to meet
all professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the Independent Contractor, with the prior
written consent of the City, shall arrange for suitable alternative services.
9. Compliance with Laws. The Consultant shall comply with all applicable
Federal, State, and local laws, rules, ordinances, and regulations at all times and in the
performance of the services pursuant to this Agreement.
10. Notices. Any notices permitted or required by this Agreement shall be deemed
given when personally delivered or upon deposit in the United States mail, postage fully prepaid,
certified, return receipt requested, addressed to:
Consultant: Greater Metropolitan Housing Corporation
15 South 5°i Street, Suite 710
Minneapolis, MN 55402
ATTN: Suzanne Snyder
City: City of Saint. Anthony Village
3301 Silver Lake Road
Saint Anthony, MN 55418-1699
tb.us.3166730,04 4
54
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
11. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City and the
Consultant, and supersedes any other written or oral agreements between the City and the
Consultant. This Agreement can only be modified in writing signed by the City and the
Consultant.
12. Third Party Rights. The parties to this Agreement do not intend to confer on
any third party any rights under this Agreement.
13. Counterparts. This Agreement may be signed in one or more counterparts but
all of which taken together shall constitute one instrument.
14. Choice of Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all
parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
15. Af,,reement Not Exclusive, The City retains the right to hire other housing program
consultants, in the City's sole discretion.
16. Data Practices Act: Compliance. Data provided to the Consultant or created by
the Consultant under this Agreement shall be administered in accordance with the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended.
[Signature Pagc Follows]
Ib.ns.3166730.04 5
M
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement on the respective dates indicated below.
CPPY:
CITY OF SAINT ANTHONY VILLAGE
I3y:
Its: Mt}yc r
Date: , 20 .
CONSULTANT:
GREATER METROPOLITAN HOUSING CORPORATION
By:
Its: President
Date: 20
Po.us.3166930.04
CITY OF ST. ANTHONY
RESOLUTION 12-023
A RESOLUTION RATIFYING THE 2012 AGREEMENT BETWEEN THE
CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 49, AFL-CIO, REPRESENTING
THE ST. ANTHONY PUBLIC WORKS DEPARTMENT
BE IT RESOLVED, that the 2012 Agreement between the International Union of
Operating Engineers, Local 49, representing the St. Anthony Public Works Department,
and the City of St. Anthony is hereby ratified and the Mayor and City Manager are
authorized to execute the Agreement on behalf of the City.
Adopted this 14th day of February, 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
56
57
'61a ha�yV
Report Date:
Meeting Date:
IZQ2 QST EOR 00141\101L 0,0/\/,S/,DFRA770N
February 14, 2012
February 14, 2012
Agenda Section: Vl. C.
ITEM DESCRIPTION:
Resolution 12-023; Ratifying the 2012 Agreement between the City of St. Anthony and the
International Union of Operating Engineers, Local 49, AFL-CIO Representing the St. Anthony
Public Works Department.
MANAGER'S REVIEW:
This contract is a one-year contract covering 2012. The following increases have been agreed
upon and will have retro -pay back to January 1, 2012.
Wages:
2012 -1 % increase
Insurance:
2012 - $100 increase for family coverage
Seasonal Emergency Ad'ustment Pa :
$50.00 per month (November through March)
Mark Casey
City Manager
FACouncil Meetings12012102142012'staff public works union contract.docx - 1 -
LABOR AGREEMENT
BETWEEN
CITY OF ST. ANTHONY
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49
AFL-CIO
January 1, 2012 through December 31, 2012
59
TABLE OF CONTENTS
ARTICLE
PAGE
LPURPOSE
OF AGREEMENT....................................................................................................1
STEPC....................................................................................................................................16
II.
RECOGNITION..........................................................................................................................1
III.
UNION SECURITY....................................................................................................................1
MAINTENANCE III
IV.
EMPLOYER SECURITY............................................................................................................2
V.
EMPLOYER AUTHORITY.........................................................................................................2
VI.
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE................................................................2
VII.
DEFINITIONS............................................................................................................................4
VIII.
SAVINGS CLAUSE....................................................................................................................5
X.
WORK SCHEDULES.................................................................................................................5
X.
OVERTIME................................................................................................................................5
XI.
CALL BACK/STAND-BY DUTY.................................................................................................5
XII.
LEGAL DEFENSE.....................................................................................................................6
XIII.
RIGHT OF SUBCONTRACT.....................................................................................................6
XIV.
DISCIPLINE...............................................................................................................................6
XV.
SENIORITY................................................................................................................................6
XVI.
PROBATIONARY PERIODS.....................................................................................................7
XVII.
SAFETY.....................................................................................................................................7
XVIII.
JOB POSTING...........................................................................................................................7
XIX.
INSURANCE..............................................................................................................................7
XX.
PERSONAL TIME OFF..............................................................................................................8
XXI.
INJURY ON DUTY.....................................................................................................................9
XXII.
FUNERAL LEAVE......................................................................................................................9
XXIII.
LEAVE OF ABSENCE...............................................................................................................9
XXIV.
HOLIDAYS...............................................................................................................................10
XXV.
RELIEF PERIODS...................................................................................................................10
XXVI.
WAGES. ...................................................................................................................................10
XXVII.
EDUCATION/TRAINING..........................................................................................................10
XXIII.
NON-DISCRIMINATION CLAUSE..........................................................................................11
XXIX.
WAIVER.........................................................................................................................11
XXX.
DURATION.. .....................
11
APPENDIX A
WAGES....................................................................................................................................12
WORKING OUT OF CLASSIFICATION PAY..........................................................................12
ENTRYLEVEL.........................................................................................................................13
STEPA....................................................................................................................................14
STEPB....................................................................................................................................15
STEPC....................................................................................................................................16
STEPD....................................................................................................................................17
STEPE....................................................................................................................................18
MAINTENANCE III
MECHANIC AND WATER/SEWER DIVISIONS........................................................19
MOVEMENT THROUGH THE SYSTEM....................................................................20
MEMORANDUMS OF UNDERSTANDING
CENTRAL PENSION FUND.................................................................................................21
COMMERCIAL DRIVER'S LICENSE....................................................................................22
STRAIGHTEIGHTS.............................................................................................................23
SUMMERHOURS............................................................................................. 24
SEASONAL EMERGENCY ADJUSTMENT PAY.................................................................25
61
LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY
AND INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL No. 49, AFL-CIO
ARTICLE I PURPOSE OF AGREEMENT
This Agreement is entered into between the City of St. Anthony hereinafter called the EMPLOYER, and
Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION.
The intent and purpose of this Agreement is to:
1.1 Establish certain hours, wages, and other conditions of employment,
1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation
and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of employment for the
duration of this Agreement.
The EMPLOYER and the UNION, through this Agreement, continue their dedication to the highest quality
of public service. Both parties recognize this Agreement as a pledge of this dedication.
ARTICLE II RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the
job classifications listed in Appendix A, who are public employees within the meaning of
Minnesota. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other
employees.
ARTICLE III UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
3.1 Request for Dues Check off: The Employer agrees that it will make deductions from each
paycheck covering membership dues and initiation fees that may hereafter become due to the
Union for any of the employees covered under this Agreement; provided the Union requests such
deductions and accompany such requests with properly and legally executed assignments
authorizing such deductions in accordance with applicable law. The Union will inform the
Employer as to the amount of membership dues and initiation fees. Initiation fees, dues, other
assessments or Fair Share Fee in accordance with M.S. 179.55, Subd. 2 shall commence no
later than thirty one days (31) from the date of employment.
3.2 Remit such deduction to the appropriate designated officer of the UNION.
3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and
shall inform the EMPLOYER in writing of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims,
suits, orders, or judgments brought or issued against the City as a result of any action taken or
not taken by the City under the provisions of this Article.
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ARTICLE IV EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this Agreement it will not cause, encourage, participate
in or support any strike, slow down, other interruption of or interference with the normal functions
of the EMPLOYER.
ARTICLE V EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work schedules; and to
perform any inherent managerial function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this Agreement
shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate.
ARTICLE VI EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE
6.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this Agreement.
6.2 Union Representatives
The EMPLOYER will recognize representatives designated by the UNION as the grievance
representatives of the bargaining unit having the duties and responsibilities established by this
Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION
representatives and of their successors when so designated.
6.3 Processing Of A Grievance
It is recognized and accepted by the UNION and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
EMPLOYEES and shall therefore be accomplished during normal working hours only when
consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the
UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay
when a grievance is investigated and presented to the EMPLOYER during normal working hours
provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the
approval of the designated supervisor who has determined that such absence is reasonable and
would not be detrimental to the work programs of the EMPLOYER.
6.4 Procedure
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Sten 1 An EMPLOYEE claiming a violation concerning the interpretation or application of this
AGREEMENT shall, within 21 calendar days after such alleged violation has occurred; present
such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The
EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance
within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to
Step 2 shall be placed in writing setting for the nature of the grievance, the facts on which it is
based, the provision or provisions of the Agreement allegedly violated, and the remedy and shall
be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated
CR?
representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the
UNION within ten (10) calendar days shall be considered waived.
Step 2 If appealed, the written grievance shall be presented by the UNION and discussed with
the EMPLOYER -designated Step 2 representative. The EMPLOYER -designated representative
shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days
after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to
Step 3 within ten (10) calendar days following the EMPLOYER -designated representative's final
Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10)
calendar days shall be considered waived.
Step 3 If appealed, the written grievance shall be presented by the UNION and discussed with
the EMPLOYER -designated Step 3 representative. The EMPLOYER -designated representative
shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after
receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4
within ten (10) calendar days following the EMPLOYER -designated representative's final answer
in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar
days shall be considered waived.
Step 4 A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the
Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to
Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any
grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be
considered waived.
Step 5 A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration
subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended.
The selection of an arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Public Employment Relations Board.
6.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this Agreement. The arbitrator shall consider and
decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION,
and shall have no authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with,
or modifying or varying in any way the application of laws, rules, or regulations having the
force and effect of law. The arbitrator's decision shall be submitted in writing within thirty
(30) days following the close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision shall be
binding on both the EMPLOYER and the UNION and shall be based solely on the
arbitrator's interpretation or application of the express terms of this AGREEMENT and to
the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the UNION provided that each party shall be responsible
for compensating its own representatives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to be made, providing it
pays for the record. If both parties desire a verbatim record of the proceedings the cost
shall be shared equally.
6.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived." If a grievance is not appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last
answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified
time limits, the UNION may elect to treat the grievance as denied at that step and immediately
appeal the grievance to the next step. The time limit in each step may be extended by mutual
agreement of the EMPLOYER and the UNION.
6.7 Choice of Remedy
If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the
grievance involves the suspension, demotion, or discharge of an employee who has completed
the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI
or a procedure such as: Civil Service Veteran's Preference, or Fair Employment. If appealed to
any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration
procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing
which procedure is to be utilized -- Step 5 of ARTICLE VI or another appeal procedure -- and
shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved
employee from making a subsequent appeal through Step 5 of ARTICLE VI.
ARTICLE VII DEFINITIONS
7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO.
7.2 EMPLOYER: The City of St. Anthony.
7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local 49, AFL-
CIO.
7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special
allowance.
7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE
II - RECOGNITION.
EMPLOYEES who are promoted from a job classification covered by this Agreement and return
to a job classification covered by this Agreement shall have their seniority calculated on their
length of service under this Agreement for purposes of promotion, transfer and lay off and total
length of service with the EMPLOYER for other benefits under this Agreement.
7.7 SEVERANCE PAY: Payment made to an EMPLOYEE upon honorable termination of
employment.
7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either
eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty
(40) hours within a seven (7) day period.
7.9 CALL BACK: Return of an EMPLOYEE to a specified work site to perform assigned duties at the
express authorization of the EMPLOYER at a time other than an assigned shift. An extension of
or early report to an assigned shift is not a call back.
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ARTICLE VIII SAVINGS CLAUSE
8.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the
signed municipality. In the event any provision of this Agreement shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment or decree no appeal has been
taken within the time provided, such provision shall be voided. All other provisions of this
Agreement shall continue in full force and effect. The voided provision may be renegotiated at
the request of either party.
ARTICLE IX WORK SCHEDULES
9.1 The sole authority in work schedules is the EMPLOYER. The normal workday for an EMPLOYEE
shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts for some employees on a
daily, weekly, seasonal, or annual basis other than the normal 7:00 A.M. - 3:30 P.M. day. The
EMPLOYER will give seven (7) days advance notice to the EMPLOYEES affected by the
establishment of workdays different from the EMPLOYEE'S normal eight (8) hour work day.
9.3 In the event that work is required because of unusual circumstances such as (but not limited to)
fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need
be given. It is not required that an EMPLOYEE working other than the normal work day be
scheduled to work more than eight (8) hours, however, each EMPLOYEE has an obligation to
work overtime or call backs if requested unless unusual circumstances prevent the employee
from so working.
9.4 Service to the public may require the establishment of regular work weeks that schedule work on
Saturdays and/or Sundays.
ARTICLE X OVERTIME
10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift
changes) or more than forty (40) hours within a seven (7) day period will be compensated for at
one and one-half (1-1/2) times the EMPLOYEE'S regular base pay rate.
10.2 Overtime will be distributed as equally as practicable.
10.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 10.2 be considered
as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
10.5 EMPLOYEES will be allowed to earn up to 60 hours of compensatory time (60 hours maximum
per year). EMPLOYEES will be allowed to take compensatory time at a rate of 40 hour
increments. Compensatory time may be carried over to the next calendar year.
ARTICLE XI CALL BACK/STAND-BY DUTY
11.1 Call Back: An EMPLOYEE called in for work at a time other than the EMPLOYEE'S normal
scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1%)
times the EMPLOYEE'S base pay rate.
11.2 Stand-by Duty: Stand-by duty will begin at 3:30 PM Wednesday and continue to the following
Wednesday at 7:00 AM. The EMPLOYEE responsible for call out during this period would be the
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employee scheduled on the stand-by duty roster. Compensation shall be an additional three (3)
hours of overtime wages per Saturday, Sunday or Holiday (observed Monday through Friday) and
four (4) hours of overtime wages for the period Monday through Friday.
Stand By
• Saturday 3 hours overtime per day/ 1 hour pump duty
• Sunday 3 hours overtime per day/ 1 hour pump duty
• Holiday observed M -F 3 hours overtime per day/ 1 hour pump duty
• Monday through Friday 4 hours overtime per 5 day period/ Stand by duty
11.3 Weekday Pump Duty. The EMPLOYEE on Stand-by will also be responsible for pump duty.
Pump duty shall consist of performing routine checks of pumps and other city facilities such as lift
stations, filter plant and booster station on Saturdays, Sundays and Holidays. Employees shall
be compensated for hours worked while performing pump duty on weekends and holidays at one
and one-half (1'/) times the EMPLOYEE'S normal rate of pay. Under normal circumstances and
conditions, pump duty shall be one (1) hour of work per day on weekends and holidays.
However, an EMPLOYEE who has completed the assigned pump duty and is called back to the
City for additional work shall be compensated in the amount specified for call back duty within this
Article.
ARTICLE XII LEGAL DEFENSE
12.1 EMPLOYEES involved in litigation because of negligence, ignorance of laws, non -observance of
laws, or as a result of EMPLOYEE judgmental decision may not receive legal defense by the
municipality.
12.2 Any EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal offense
arising from acts performed within the scope of the EMPLOYEE'S employment, when such act is
performed in good faith and under direct order of the EMPLOYEE'S supervisor, shall be
reimbursed for reasonable attorney's fees and court costs actually incurred by such EMPLOYEE
in defending against such charge.
ARTICLE XIII RIGHT OF SUBCONTRACT
13.1 Nothing in this Agreement shall prohibit or restrict the right of the EMPLOYER from
subcontracting work performed by EMPLOYEES covered by this Agreement.
ARTICLE XIV DISCIPLINE
14.1 The EMPLOYER will discipline EMPLOYEES only for just cause.
14.2 An EMPLOYEE(S) will not be required to participate in an investigatory interview by the
EMPLOYER where information gained from the interview could lead to the discipline of the
EMPLOYEE(S) unless the EMPLOYEE(S) is given the opportunity to have a third party present at
the interview to act as a witness for the EMPLOYEE(S).
ARTICLE XV SENIORITY
15.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when all job -
relevant qualification factors are equal.
15.2 Seniority will be the determining criterion for recall when the job -relevant qualification factors are
equal. Recall rights under this provision will continue for twenty-four (24) months after lay off.
Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered
mail at the EMPLOYEE'S last known address to report to work or forfeit all recall rights.
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15.3 No permanent EMPLOYEE shall be laid off while any temporary EMPLOYEE (defined as an
EMPLOYEE with less than six (6) months consecutive service) is on the payroll.
ARTICLE XVI PROBATIONARY PERIODS
16.1 All newly hired or rehired EMPLOYEES will serve a six (6) months' probationary period.
16.2 All EMPLOYEES will serve a six (6) months' probationary period in anyjob classification in which
the EMPLOYEE has not served a probationary period.
16.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be
terminated at the sole discretion of the EMPLOYER.
16.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may be
demoted or reassigned to the EMPLOYEE'S previous position at the sole discretion of the
EMPLOYER.
ARTICLE XVII SAFETY
17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions,
to cooperate in safety matters and to encourage EMPLOYEES to work in a safe manner.
ARTICLE XVIII JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated
bargaining unit shall be filled based on the concept of promotion from within provided that
applicant:
18.1.1 Have the necessary qualifications to meet the standards of the job vacancy; and
18.1.2 Have the ability to perform the duties and responsibilities of the job vacancy.
18.2 EMPLOYEES filling a higher job class based on the provisions of this Article shall be subject to
the conditions of ARTICLE XVI PROBATIONARY PERIOD.
18.3 The EMPLOYER has the right of final decision in the selection of EMPLOYEES to fill posted jobs
based on qualifications, abilities and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so
that members of the bargaining unit can be considered for such vacancies.
ARTICLE XIX INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of One Thousand One Hundred and Forty
Dollars ($1140.00) per month per EMPLOYEE for calendar year 2012 for group health and life
insurance, including dependent coverage. By mutual agreement EMPLOYEES with dependent
care may use Fifteen Dollars ($15.00) of the health insurance dollars for dental insurance.
19.2 EMPLOYEES not choosing dependent coverage cannot be covered at EMPLOYER expense for
any additional insurance other than the individual group health and group life insurance.
Additional life insurance can be purchased by EMPLOYEE'S, at the EMPLOYEE'S expense to
the extent allowed under the EMPLOYER'S group policy.
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19.3 Individual EMPLOYEES may provide for an increased EMPLOYER contribution for insurance
over that amount stipulated by 19. 1, by lowering their salary from the rates stipulated in Appendix
A to provide for an increased EMPLOYER contribution which will fully pay for the EMPLOYEE'S
health, life, and dental insurance, including dependent coverage.
ARTICLE XX PERSONAL TIME OFF (PTO)
20.1. Amount Allowed. Full time employees shall earn personal time off according to the following
schedule:
Hours Accrued Per year
0 - 5 years 176 hours
5+ - 14 years 216 hours
15+ 256 hours
Employees using earned PTO shall be considered to be working for the purpose of accumulating
additional PTO.
20.2. Usage. Personal time off may be used as earned, subject to approval by the Department Head
and City Manager of the time at which it may be taken.
In order to allow coordination of PTO with family and medical leave, employees seeking to take
PTO may be required to provide enough information about the purpose of the time off to allow a
determination of whether the time will also qualify for family and medical leave. If the PTO also
qualifies for family and medical leave, the employee must take both leaves simultaneously.
20.3. Terminal Leave. Any employee leaving the municipal service in good standing after giving proper
notice of such termination of employment, will be compensated for PTO accrued and unused to
the date of separation, as per 20.7.
20.4. Waiver of Personal Time Off Prohibited. No employee is permitted to waive PTO for the purpose
of receiving double compensation.
20.5. Procedure. To be eligible for PTO with pay, an employee shall report as soon as possible to his
or her Department Head the need to take PTO and its estimated duration.
20.6. Workers Compensation. Employees are covered by the workers compensation laws of the State
of Minnesota. In the event an employee is disabled and is entitled to workers compensation, the
employee will keep any workers compensation payments received and eligible to receive a bi-
weekly paycheck equal to 1/3 pay through the use of PTO benefits. In addition, the employee will
be entitled to earn 1/3 of the amount of the PTO pay they would otherwise be entitled to during an
absence from their employment. Employees receiving such workers compensation will be
considered working for the purpose of accumulating additional PTO benefits.
20.7. Unused Personal Time Off Pay. An unused PTO pay policy is established subject to the following
rules and regulations:
(a) The employee must be in good standing and give proper notice of termination in
the case of resignation.
(b) Qualifying employees shall receive their accumulated personal time off up to a
maximum as listed in the following schedule:
Maximum Payment
0 - 3 years of service /z of personal leave accrued
3 + years 480.0 hours
4 + years 528.0 hours
5 + years 600.0 hours
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20.8 Donation of Personal Time Off to Employees with Serious Medical Problems
Employees may voluntarily donate PTO time in hour increments, which can be converted to use
by employees facing serious medical problems or extended time off due to serious medical
problems and who have no accumulated PTO time or compensatory time available. The use of
this donated PTO must be approved by the Department head and the City Manager and will be
converted to the receiving employees paid hourly rate. This subdivision does not include
temporary or seasonal positions or unionized employees who have a sick pool that is already
established.
20.9 All employees hired after January 1, 2004, will be allowed to accrue personal leave to a maximum
of 1200 hours.
ARTICLE XXI INJURY ON DUTY
21.1 Definition: An injury, illness or other disabling condition which prevents the EMPLOYEE from
performing regularly assigned job duties and which was suffered or directly caused as a result of
or in the course of, regular, assigned, job duties. The determination of whether the injury, illness
or other disabling condition prevents the EMPLOYEE from performing regularly assigned job
duties shall be made by licensed physician(s).
21.2 There shall be a ten-day (10) waiting period before the I.O.D. benefit commences during which
the EMPLOYEE can use sick leave.
21.3 Starting the 11th through the 40th work day, the EMPLOYER will pay I.O.D. pay equal to regular
salary (base).
21.4 Employees are covered by the worker's compensation laws of the state of Minnesota. In the
event an employee is disabled and is entitled to worker's compensation, the employee will keep
any worker's compensation payments received. In addition, the Employee will be entitled to
receive 1/3 of the amount of the sick leave pay they would otherwise be entitled to during an
absence from their employment. Employees receiving such worker's compensation will be
considered working for the purpose of accumulating 1/, of the additional sick leave benefits
normally accrued by an Employee until the Employee's accrued sick leave is used up.
ARTICLE XXII FUNERAL LEAVE
22.1 In the event of the death of an EMPLOYEE'S spouse, children, stepchildren, parents, brother or
sister, or EMPLOYEE'S spouse's parents, the EMPLOYEE will be granted three (3) days of
funeral leave with pay. In the event of the death of an EMPLOYEE'S grandparents, grandchild,
or spouse's grandparent, grandchild, brother or sister, an EMPLOYEE will be granted one (1)
day's funeral leave with pay.
ARTICLE XXIII LEAVE OF ABSENCE
23.1 EMPLOYEES subpoenaed as witnesses, or called and selected for jury duty shall receive their
regular compensation less jury pay. Mileage allowance not to be considered as jury pay.
EMPLOYEES must report back to work if their jury duty or witness obligations allow them to do so
within the scope of the regular work day hours.
23.2 The EMPLOYER will pay an EMPLOYEE full wages for a two-week military leave per year, which
is not to exceed 15 days and in addition to any pay they receive for military training. The
employee shall give the EMPLOYER a two-week notice prior to the military leave.
ARTICLE XXIV HOLIDAYS
24.1 All permanent and probationary EMPLOYEES shall observe the following twelve (12) paid
holidays each year:
1) New Year's Day - January 1
2) Martin Luther King Day - the third Monday in January
3) Washington's and Lincoln's Birthday - the third Monday in February
4) Good Friday - the Friday preceding Easter Sunday
5) Memorial Day - the last Monday in May
6) Independence Day - July 4
7) Labor Day - the first Monday in September
8) Christopher Columbus Day - the second Monday in October
9) Veteran's Day - November 11
10) Thanksgiving Day - the fourth Thursday in November
11) Friday following Thanksgiving Day
12) Christmas Day - December 25
When an above named holiday falls on a Sunday, it shall be observed on the following Monday.
If such holiday falls on a Saturday, the preceding Friday is a holiday.
An EMPLOYEE required to work on a holiday shall receive pay at one and one-half (1'/z) times
the base pay rate in addition to the regular holiday pay allotted.
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ARTICLE XXV RELIEF PERIODS
25.1 All EMPLOYEES will be allowed two (2) work relief periods a day not to exceed 15 minutes in the
forenoon and 15 minutes in the afternoon.
ARTICLE XXVI WAGES
26.1 Qualified EMPLOYEES will be paid the H.E.O. rate in whole hour increments for time worked on
designated Heavy Equipment, However, EMPLOYEES must work at least 31 minutes in each
and every given hour on said designated Heavy Equipment in order to be credited with a whole
hour increment and thus the pay differential.
26.2 Qualified Employees will also be paid the N.E.O. rate in whole hour increments for time worked
when spraying pesticides.
26.3 Qualified employees will be paid an additional $1.00 per hour rate in whole hour increments for
time worked inspecting City vehicles.
26.4 EMPLOYEES will be paid every two weeks on the alternate Fridays. When a holiday falls on a
Friday pay day, employees will receive their pay checks on the preceding Thursday. When two
(2) day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day,
employees will receive their pay checks on the preceding Wednesday.
ARTICLE XXVII EDUCATIONITRAINING
27.1 The EMPLOYER will budget $4,000 per year in calendar year 2012 for the cost of tuition and
books for job-related schools. The school, course work and expenses shall be first approved by
the Department Head.
27.2 Upon completion of the North Hennepin Community College Public Works Certification Program,
an EMPLOYEE will receive HEO pay provided the EMPLOYEE is at a minimum of Step E pay.
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27.3 All employees will have the opportunity to attend Phase 1, Phase 2 and Phase 3 training at the
Local Training Center. Prior approval must be received and money must be appropriated for the
Training in the Department's annual Budget.
ARTICLE XXVIII NON-DISCRIMINATION CLAUSE
28.1 The provisions of the Agreement shall be applied equally and without discrimination by the
EMPLOYER and the UNION to all EMPLOYEES regardless of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability or age.
ARTICLE XXIX WAIVER
29.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment, to the extent inconsistent with the provisions of this
Agreement, are hereby superseded.
29.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any
terms or conditions of employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated
duration of this Agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly
waives the right to meet and negotiate regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or condition of employment
not specifically referred to or covered by this Agreement or with respect to any term or condition
of employment not specifically referred to or covered by this Agreement, even though such terms
or conditions may not have been within the knowledge or contemplation of either or both parties
at the time this contract was negotiated or executed.
ARTICLE XXX DURATION
30.1 This Agreement shall be effective retro back to January 1, 2012 and shall remain in full force and
effect until the 31st day of December, 2012,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day
of , 2012.
FOR THE CITY OF ST. ANTHONY: FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 49,
AFL-CIO:
Mayor, Business Manager,
Jerome O. Faust Glen D. Johnson
City Manager, Area Business Representative,
Mark Casey Todd Doncavage
Steward,
Tom Owens
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APPENDIX A
WAGES
The following wage schedule will be in effect from the first payroll period in 2012 through the last
payroll period in 2012.
Title 2012
Maintenance Worker -Entry
$17.90
Maintenance Worker -Step A
$19.63
Maintenance Worker -Step B
$20.28
Maintenance Worker -Step C
$21.49
Maintenance Worker -Step D
$22.70
Maintenance Worker -Step E
$23.88
Water and Sewer
$24.35
Maintenance Worker III (HEO)
$24.86
Crew Leader
$25.91
Mechanic
$26.44
All Employees classified as Maintenance Worker Entry - Step E will be eligible to receive Working
out of Classification Pay as provided by Section C of this Appendix.
WORKING OUT OF CLASSIFICATION PAY
C-1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be
qualified to operate the following items of equipment will be paid the MAINTENANCE III
rate of pay for those hours assigned to the unit:
1. Motor Patrol
2. Front-end Loader (Mich. 45B) over 1.5 cu. yd.
3. Street Sweepers (Elgin, Pelican, Americana)
4. Sewer jetter
5. Backhoe
6. High Ranger
7. Tree Inspector
8. 33,000 GVW Plow Truck with Wing (only when plowing snow)
9. Tar kettle/crack filling machine
10. Welding
11. Brush Chipper
12. Graco paint stripper/crosswalks
13. Playground inspection
14. Plow truck with a belly mount plow.
C-2 EMPLOYEES assigned by the EMPLOYER to Utility Operator will be paid the wage rate
of the job classification to which the EMPLOYEE is assigned.
12
72
APPENDIX B
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
ENTRY LEVEL
Minimum Requirements:
- High School diploma, GED or equivalent
- Valid Minnesota Class C Driver's License
- Valid Minnesota Class B and Commercial Driver's License (CDL) within six months of the
date of hire
- Ability to meet a minimum score of 70 percent on a mechanical aptitude test
- Successful completion of City's physical examination including drug testing, if required
- Ability to read, understand and follow written oral instructions including safety rules
- Ability to meet the physical demands of the job including but not limited to lifting, bending,
climbing, reaching overhead, pushing and pulling
- Ability to perform job responsibilities in climactic extremes
- Demonstration of ability to operate City -owned equipment
- Ability to perform routine repair and maintenance tasks in the following areas:
Streets/storm sewer
Parks/forestry
Water/sewer
Building/equipment
13
73
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
STEP A
Minimum Requirements:
Meets or exceeds all the minimum requirements of Public Works Maintenance II - Entry
Level
Minimum of one (1) year of experience in Maintenance II - Entry Level
Ability to perform the following tasks:
Basic asphalt patching skills
Basic concrete repair
Vehicle/equipment routine maintenance
Basic custodial skills
Qualified to operate:
Air compressors
Jackhammer
Cement mixer
Lawn mowers
Weed whips
Park tractors with attachments
14
74
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
STEP B
Minimum Requirements:
Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step A
Minimum of one (1) year experience at Step A
Initiative in seeking and performing work
Safe work practices/driving record
Minimum tardiness/positive sick leave attitude
Ability to perform:
Advanced asphalt patching skills
Snow plowing (1 ton truck and under)
Traffic sign maintenance (replacement)
Special event assistance
Turf mowing practices
Sidewalk snow plowing
Water meter reading
Familiarity with Step A equipment service
Qualified to operate:
One -ton truck
Brush chipper
Asphalt roller (one ton)
72" rotary mower
Bob cat
Michigan front-end loader
15
75
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
STEP C
Minimum Requirements:
- Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step B
- Minimum of one (1) year experience at Step B
- Ability to perform work without supervision
- Record keeping skills
- Ability to perform:
Snow plowing/sanding
Traffic striping
Tree service skills (trimming/takedown/stumps) and clean up
Landscape maintenance
Parks shelter/equipment/ball field/irrigation system maintenance basics
Storm Sewer Maintenance (CB cleaning, etc.)
Qualified to operate:
Dump truck - 27,500 G.V.W. with plow
Paint striper
Tar kettle
Aerial bucket
Backhoe
16
MA
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
STEP D
Minimum Requirements:
Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step C
Minimum of one (1) year experience at Step C
Ability to supervise part-time and seasonal employees
Advanced record keeping skills
Sign shop experience
Ability to perform:
Park light maintenance basics
Work site sign layout and traffic control
Water/sanitary sewer maintenance basics
Catch basin repair
Qualified to operate:
33,000 G.V.W. with plow and wing
Grader
Oiler/distributor
Sweeper
17
77
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE WORKER
STEP E
Minimum Requirements:
W.
- Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step D
- Minimum of one (1) year experience at Step D
- Ability to lead a three (3) -person crew
- Ability to perform all duties related to assigned division
- Qualified to operate all equipment required to perform assigned duties
18
CITY OF ST. ANTHONY
PUBLIC WORKS DEPARTMENT
MAINTENANCE III
MECHANIC AND WATER/SEWER DIVISIONS
Minimum Requirements:
- Meets or exceeds all the minimum requirements of Public Works Maintenance II
- Ability to supervise a work crew
- Ability to assist in the training of division employees
- Ability to maintain all division records as required
Divisions:
Mechanic Ability to repair and maintain all City equipment
79
Water/Sewer Ability to operate and maintain all water and sewer facilities and equipment;
including televising equipment, sewer rodder and backhoe; must have Minnesota
Class B water and Class C sewer licenses
19
MOVEMENT THROUGH THE SYSTEM:
A. Public Works Director and Supervisor conduct evaluation with checklist to determine whether or
not an individual is qualified to move to the next appropriate step and then so inform the
employee.
B. If employee disagrees with decision with justification, the employee should contact the Assistant
to the City Manager/Management Assistant.
C. The Assistant to the City Manager/Management Assistant will examine both sides and make a
recommendation to the City Manager who in turn will make a determination.
D. The employee may also utilize the formal grievance procedure included in the Public Works
Labor Agreement.
ME
'When placing new hires at step within this plan, previous applicable experience will be taken into
consideration so that new employees are properly placed.
20
MEMORANDUM OF UNDERSTANDING
Between
CITY OF ST. ANTHONY
And
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 49
Central Pension Fund
A. The Central Pension Fund (CPF) is a supplemental Pension Fund authorized by Minnesota
Statue. §356.24, subdivision 1 (10).
B. The parties agree that the agreed upon amount that would otherwise be paid in salary or wages
will be contributed instead to the CPF as pre-tax employer contributions. Contributions from the
City will not be funded from any source other than this wage reduction.
C. The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund at 4115
Chesapeake Street NW, Washington, D.C. 20016.
D. A contribution of $0.96 per straight time hour worked prevents any employee's annual CPF
contributions form exceeding $2,000.00 in a year and therefore complies with limitations set forth
under Minnesota Statue § 356.24, subd, 1 (10) as amended in 2002.
E. The parties agree that the Public Employees Retirement Association interprets employer
contributions to the CPF as being included in determining "salary" for the purposes of the public
pension.
F. The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing
documents.
G. Effective 1-1-11 the contribution rate equals $1.44 per straight time hour worked.
H. Members, by majority vote, may change the contribution rate at any time during the life of this
agreement. The Union and the employer will work together to implement member approved
changes as soon as is practicable.
FOR THE CITY OF ST. ANTHONY:
Mark Casey, City Manager
Dated:
FOR I.U.O.E., LOCAL No. 49
Todd Doncavage, ABR
Dated:
21
MEMORANDUM OF UNDERSTANDING
Between
CITY OF ST. ANTHONY
And
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 49
Commercial Driver's License
The purpose of this Memorandum of Understanding (MOU) is to assist both Labor and Management in
dealing with Commercial Driver's License (CDL) rules and the recent changes to those rules.
The following conditions will apply to Employees in the Local 49 Bargaining Unit.
A. If an Employee temporarily loses his/her driver's license and CDL, the Employer may choose, on
a case-by-case basis, to accommodate the Employee by assigning him/her to duties that do not
require a driver's license/CDL, not to exceed twelve (12) months during the Employee's tenure
with the City, and/or not to exceed two (2) revocations as a result of driving violations.
B. If the temporary loss of a driver's license is the result of an alcohol-related offense, the Employee
will be required to comply with the recommendation of a licensed Substance Abuse Professional.
Proof of compliance with the Substance Abuse Professional recommendations will be provided to
the Employer before an Employee will be permitted to return to work.
C. The application of this Agreement will begin for an individual as of the date of his/her license
revocation, regardless of subsequent procedures contesting the revocation.
D. This MOU applies to driving violations outside the workplace.
E. This MOU does not include positive test results from applicable state or federal required testing
procedures, including, but not limited to random testing.
F. A reduction in wages to Level A of Appendix A, WAGES section of the LABOR AGREEMENT
BETWEEN CITY OF ST, ANTHONY AND INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL N0. 49, will begin as of the revocation date. Any hourly wages not paid to
an Employee during the revocation of the Employee's driver's license/CDL will not be reimbursed
regardless of the outcome of any subsequent contesting of the revocation. The Employee will be
returned to his/her previous wage level or Level E, whichever is less, upon reinstatement of the
Employee's CDL.
This Memorandum of Understanding will remain in effect from January 1, 2012— December 31, 2012,
This Agreement may be terminated by either party's request with a 90 -day written notification. As of
January 1, 2013, this MOU may be extended, modified, or eliminated at either party's request.
FOR THE CITY OF ST. ANTHONY:
Mark Casey, City Manager
Dated:
FOR I.U.O.E., LOCAL No. 49
Todd Doncavage, ABR
Dated:
22
M.
MEMORANDUM OF UNDERSTANDING
Between
CITY OF ST. ANTHONY
And
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 49
Straight 8 Work Schedule
Purpose
To provide high quality service to the residents of St. Anthony and also to provide flexibility to employees
work schedules with the goal of increased production and delivery of City services.
Program
The straight 8 hour work schedule needs to be flexible with some constraints to be of benefit to the City of
St. Anthony and its employees. The Local 49 bargaining group will use the following guidelines:
1) The straight 8 hour shift will be the normal hours of work for employees during the span of this
memorandum. Employees shift shall be 7:00 a.m. to 3:00 p.m.
2) All crew members shall be prepared when they leave the shop with the proper tools, water, long
pants, bug spray, sunscreen, safety equipment etc...
3) The two paid 15 minute breaks will be taken as % hour break at 11:00 a.m. or as the crew's work
schedule dictates.
4) Leave your work site at end of day with only enough time to complete required end -of -day
procedures (i.e., fueling, clean-up, time cards, and transport time).
5) Extreme weather conditions may require that employees take additional rest and water breaks
(high heat and humidity, below zero temperatures or severe wind chill). Discuss this with your
supervisor before taking additional breaks.
6) Because of the flexibility to accommodate the daily work schedule, all employees may not be on
the same break schedule. If you are on break (or before or after your work shift), make sure you
are not interfering or disrupting another employee during their work hours.
This agreement has been reached through discussions at the Labor Management Committee and must
continue to be beneficial to the City of St. Anthony, its residents and its employees. Any difficulties with
excessive breaks, disorganization, unfair labor requests, crew member conflicts or abuse of the program
as a result of the straight 8 hour shift program and this Memorandum of Understanding may be
terminated with 30 days written notice by either party.
For the City of St. Anthony: For I.U.O.E., Local No. 49:
Mark Casey, City Manager Todd Doncavage, Business
Date:
Date:
23
M
MEMORANDUM OF UNDERSTANDING
Between
CITY OF ST. ANTHONY
And
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 49
Summer Hours
The following Agreement modifies the 2008 - 2009 Labor Agreement between W.O.E. Local No. 49 and
St. Anthony Village. In the event that the EMPLOYER changes the work schedule to a work week of four
(4) nine (9) hour days, Monday through Thursday, and one (1) four (4) hour day on Friday, employees will
receive their normal breaks. The normal work day will be from 6:30 a.m. to 3:30 p.m., Monday through
Thursday; and 6:30 a.m. to 10:30a.m.on Friday; except that during weeks that include a paid holiday, the
work schedule will consist of three (3) nine (9) hour days, one (1) four (4) hour day and one (1) eight (8)
hour paid holiday. Employees shall be compensated for the contractual eight hours of pay on all Holidays
and will be required to use one hour of PTO or compensatory time to complete a scheduled nine (9) hour
holiday and forty (40) hour work week.
In the event that the EMPLOYER makes such schedule changes, the parties hereby agree that the
following changes shall apply:
A) Section 9.1
Hours worked in excess of nine (9) hours within a twenty-four (24) hour period (except for shift
changes) from Monday through Thursday, or in excess of four (4) hours within a twenty-four (24)
hour period (except for shift changes) on Friday, or more than forty (40) within a seven (7) day
period will be compensated for at one and one-half (1-1/ 2) times the employee's regular base
pay. For purposes of this Section, "hours worked" shall include hours designated as holiday, sick,
vacation or compensatory time off.
B) Section 10.1
Hours worked in excess of nine (9) hours within a twenty-four (24) hour period (except for shift
changes) from Monday through Thursday, or in excess of four (4) hours within a twenty-four (24)
hour period (except for shift changes) on Friday, or more than forty (40) within a seven (7) day
period will be compensated for at one and one-half (1- 1/ 2) times the employee's regular base
pay. For purposes of this Section, "hours worked" shall include hours designated as holiday, sick,
vacation, or compensatory time off.
C) Any vacation or sick leave Monday through Thursday will be charged at the rate of nine (9) hours
per day; and will be charged at the rate of four (4) hours for Fridays.
D) Either party may terminate this Memorandum of Understanding with seven (7) days' notice to the
other party.
FOR THE CITY OF ST. ANTHONY: FOR W.O.E., LOCAL No. 49
Mark Casey, City Manager
Dated:
Todd Doncavage, ABR
Dated:
24
MEMORANDUM OF UNDERSTANDING
Between
CITY OF ST. ANTHONY
And
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 49
Seasonal Emergency Adjustment Pay
The following Agreement modifies the 2012 Labor Agreement between 1.1-I.O.E. Local No. 49 and St.
Anthony Village. This allows seasonal work required to meet public service demands such as
snowplowing, sanding, rink flooding, etc., and emergency work in response to unusual circumstances
such as fire, flood, winds, snow, sleet or breakdown of municipal equipment or facilities results in
additional demands on Maintenance Operation's staff. In recognition of these ongoing demands,
employees will receive additional compensation in the form of Seasonal Emergency Adjustment Pay. All
available Public Works employees will receive the monthly rate to be paid for active months to a
maximum of five (5) months (January, February, March, November, and December). The rate is as
follow:
2012 - $50.00 per month
FOR THE CITY OF ST. ANTHONY:
Mark Casey, City Manager
FOR LLI.O.E., LOCAL No. 49
Todd Doncavage, ABR
Dated: Dated:
FUTURE COUNCIL AGENDA ITEMS
FebnAmry 14, 2012
Meeting
Meeting
Items/Issues
Staff present
Date
Type
Planning Commission Items from February 21
Northwest Youth & Family Services
2012 Street Project
City Council
February 28
Regular
* Ordering Improvements -Public Hearing
City Manager
• Adopt and Confirm Assessments -Public Hearing
City Engineer
• Award laid to Contractor
Ehlers & Associate
* Calling for Sale of Bonds
La-Nel Development
SPECIAL
City Council
March 12
5:30 pm
Joint Meeting with Parks Commission
City Manager
Parks Commission
2012 Street Project
City Council
* Accept Offer for Bond
City Menages
March 13
Regular
* Approve Sale of Bond
Fire Chief
St. Anthony Fire Department Annual Report
Police Chief
St. Anthony Police Department Annual Report
SPECIAL
City Council
March 20
5:30 pin
Joint Meeting with Planning Commission
City Manager
Planning Commission
Planning Commission Items from March 27
City Council
Redistricting Resolution
City Manager
March 27
Regular
Liquor Operations Annual Report
Liquor Operations Mgr.
Public Works Annual Report
Public Works Director
Utility Rates Increase
Finance Director
April 10
Regular
City Council
City Manager
Planning Commission Items from April 17
City Council
April 24
Regular
Public Hearing on 2013 Budget
City Manager
Finance Director
May 8
Regular
City Council
City Manager
May 15
Regular
Planning Commission Items from May 15
City Council
City Manager
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
February 14, 2012
Call to Order
Roll Call
I. Approval of February 14, 2012, H.R.A. Agenda
II. Consent Agenda
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items
unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve January 24, 2012, H.R.A. Minutes. (pp. 1 — 2)
B. Claims. (p. 3)
III. Public Hearings
IV. General Business of the H.R.A.
V. Staff Reports
VI. H.R.A. Commissioner Comments
VII. Information and Announcements
VIII. Adjournment
FACouncil Meetings12012i021420121HRA agendapgtl.docz
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CITY OF ST. ANTHONY
HRA REGULAR MEETING MINUTES
JANUARY 24, 2012
CALL TO ORDER.
Chair Faust called the meeting to order at 7:55 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Stille, and Roth.
Commissioners absent: None.
Also Present: Executive Director Mark Casey.
L APPROVAL OF JANUARY 24, 2012, HRA MEETING AGENDA
Motion by Commissioner Stille, seconded by Commissioner Roth, to approve the January 24,
2012, Housing and Redevelopment Authority Agenda as presented.
II. CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Stille, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of January 10, 2012; and
B. Claims.
III. PUBLIC HEARINGS.
None.
IV. GENERAL POLICY OF BUSINESS OF THE H.R.A.
None.
V. STAFF REPORTS
None.
VI. H.R.A. COMMISSIONER COMMENTS
None.
VII. INFORMATION AND ANNOUNCEMENTS
None.
Motion carried unanimously.
11
Housing and Redevelopment Authority Meeting Minutes
January 24, 2012
Page 2
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 7:56 p.m.
4
Respectfully submitted,
6
7
8 Barbara Hughes
9 TimeSaver Off Site Secretarial, Inc.
10
11
12 ATTEST:
13
14
15
City Clerk
Chair
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