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09-635Council File # 09-635 Green Sheet # 3070624 RESOLUTION 7 PAtiL, flfitiVNESOTA Presented by 1 WHEREAS, Ramsey County requires municipalities to assure recycling service is available to ali 2 residents at their place of residence; and, 3 4 WFiEREAS, Ramsey County requires each municipality to be responsible for developing a long- 5 term financing mechanism in order to fund its residential recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes Sections 473.811 and 400.08, to collect just and reasonable rates and charges for solid waste management services provided by the City or by others under contract with the City; and, 10 11 WHEREAS, the Gity desires to finance its recycling program by assessing individual property 12 owners within the City for the costs of its program utilizing the County's solid waste management 13 service charge authority under contract with the County; 14 15 THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul hereby authorizes the 16 proper City officials to execute the Joint Powers Agreement for Recycling Funding between the 17 City of Saint Paui and Ramsey Gounty for the term of July 1, 2009, through June 30, 2014. 18 Yeas Nays Absent Bostrom Carter ,/ Hazris Helgen ,� LantrY ✓ Stark ✓ Thune y / 4' � � Adopted by Council: Date �[7 � f� �� — � - 7 Adopti�on C �-b oun �il Secretary By: / Approved by r: Date 7i� D Rv� Requested by Departmept of: �� Public Works � 1' �� �� � Fotm B Form By: Form By: 09-635 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenNOfficelCOUncil: Pw Public Works Coniact Person 8 Phone: Paul Kurfz 266-6203 Must Be on Councii Agenda by (Date): Doc. Type: OTHER AGREEMENT/CONTRACT E-Document Required: N Document ConWCt: C P ' Date Inkiated: � Assign Number For Roufing Order 0 i 2 3 4 5 6 7 ��� Deoartrnent SentTOPerson IniEal/Date rnnu�works y� ( 5. Z?° ��- j sZZ�c�' Public Works DepartmentAcrnuntant Pnblic Works Department D'vector �� S'� 'bZ—F"'� CityAttorney CityAttoruey � Finaocial Services Financiat Services Mayor's Office Mayor Council City Cuuncil � City Clerk � CiTy Clerk � �, onWct hone, i � ''� Total # of Signature Pages _{Clip All Locations for Signature) i Action Requested: �, Authorize execution of Joint Powers Agreement between the City of St. Paul and Ramsey Counry. I I I ������v�� �MAY � "'t �Qdq ♦5..'y"t � � .�r�in"`�r � t • : , � _ .. :� �f^ � Recommendahons: Approve (A) oc Re�ect (R}: ; Personal Service Contrects Must Answer the Poiiowing Questions: ! Planning Commission I i 1. Has this personffirm ever worked under a contract for tMs department? CIB Committee ! Yes No i Civit Service Commission � 2. Has this personffirm ever been a city empbyee� I Yes No � 3. Does this persoNfirm possess a skill not normally possessed 6y any current city employee? I Yes No I � Ezplain all yes answers on separate sheet antl attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Joint Powers Agrezment between the City of St. Paul and Ramsey County for the County collection of recycling seroice fee on behalf of the City from July 1, 2009 through June 3Q 2014. AdvanWges If Approved: County will continue to levy recycling service fee for the Ciry as it has since 1992. � Disadvantages If Approved: � None DisadvanWges If Not Approved: The Ciry would have to levy its own fee. Total Amount of Transaction: $0.00 CosURevenue Budgeted: wndtny souroe: Solid Waste and Recyciing Fund pctivity Number: 32401 Financial Information: (Expfain) May 22, 2009 925 AM Page 1 i U' � i S:. __ _ ----- _ lO1NT POWERS A_GREEMENI-FD�FtECYLt1NGFUNDIN6 This Agreement is between the County of Ramsey, ("Count�'}, and the City of Saint Paui("City"). WHEREAS, Ramsey County requires municipalities to assure recycling service is available to a(1 residents at their place of residence; and, WHEREAS, Ramsey County requires each municipality to be responsible for developing a long-term financing mechanism to fund its residential recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes Sections 473.811 and 400.Q8, to collect just and reasona6fe rates and charges for solid waste management services provided by the County or by others under contract with the County; and, WHEREAS, the City desires to finance its recycling program by assessing individual property owners within the City for the costs of its program utilizing the County's solid waste management service charge aUthority under contract with the County; NOW, THEREFORE, IT IS A6REED: 1. CITYOBLIGATIONS A. The City shail assure curbside colfeciion services to all single-family residences, duplexes and triplexes at least twice per month for at least four broad types of mater+als B. The City shall assure the provision of on-site recycling services for all multi-unit housing (inciuding manufactured home parks and senior housing/assisted living facilities) at least twice a month for coliection of at least four broad types of materiais. C. The Municipality shalf compfy with Minnesota Statutes §115A.46 and §115A.471 when arranging for the management of mixed municipal solid waste (MSW), inciuding MSW from City owned, operated and leased properties, and assure delivery of such waste to a waste processing facility for resource recovery. D. The City shall appfy funds collected by the County on behalf of the City, pursuant to this Agreement, hereafter described as recycling service charge funds, to residential recycling and related costs. Recycling service charge funds may also be used for the recyciing portion of residential clean-up events and curbside coliections, recycled product procurement, recycling collection bins, costs of providing a recyciable material drop-off center, management of tree and shru6 waste, source-separated compostable material collection and associated costs, educational materiais or other costs consistent with the County's Solid Waste Management Master Plan, and approved by the Saint Paul - Ramsey County Department of Public Heaith ("the Department"7. Administrative costs associated with the City's solid waste and recycling program are eligible, but must first be approved by the Department. .� The City may apply recycling service charge funds coliected by the County on behalf of the City, pursuant to this Agreement, to non-residential recycling costs so long as fees are charged to non-residential properties for this service. Recycling service charge funds may be used for non-residential recycling costs, source-separated compostable materiai collection and associated costs or other costs consistent with the County's Solid Waste Management Master Plan and approved by the Saint Paul — Ramsey County Department of Public Nealth. E. On or before October 15 of each year the City shall provide the Department with a recycling budget which details eligible costs for the subsequent year. The budget shall show how all SGORE funds to be distributed to the City by tfie County for recycling service are proposed to be used. F. The City shall pay the County the actual costs of administering the City's recycling service charge. The County's actual costs will include but are not limited to the costs of computer programming and the Ramsey County Property Records and Revenue Department's direct overhead costs. The City shali pay the Gounty within thirty (30) days of receipt of the County's invoice. G. On or before December 1 of each year during the term otthis Agreement, the City shall provide the County with a spreadsheet identifying property identification numbers (PINS), parcel types, recycling service charge rates and other requested information to be applied to each property. IL COUNTYOBLIGATIONS After receipt of the recyciing service charge rates from the City, the County shall list the Cit�Is recycling charge on the properry owners' tax statements, and shall tabei the charge as "Recycling." III. TERM The Term of this Agreement is July 1, 2009, through June 30, 2014. IV. TERMINATION A. FOR CAUSE. In the event that the City fails to compiy with the terms of this Agreement, or any statutory requirements, ordinances and/or plans related to this Agreement, the County may terminate this agreement. In the event that the County exercises its right to terminate this Agreement for cause, the Gounty shall submit written notice to the City specifying the reasons for terminaxion and the date upon which the termination becomes effective. B. W ITHOUT CAUSE. This Agreement may be terminated by eiLher party without cause, on one hundred-eighty (180j days written notice to the ot4er party. C. OTHER EVENTS. In the event that the County's authority to provide the services contemplated in this Agreement is modified or repealed this Agreement immediately terminates. V. ACCESSTODOCUMENT5 , _ 09-635 __. - Until the expiration of six years after this Agreeme�itermisaates, the Eity sfial!"make available to the - ----- Couratp AudiFor or the Count�s ultimate funding source, a copy of this Agreement and books, dowments, records and accounting procedures and practices of the City relating to this Agreement. VI. HOLD HARMLESS Each party agrees to defend, indemnifi/ and hold the other party harmless from any costs, claims, demands, actions or causes of action, including reasonable attorneys' fees, arising out of any act or omission on the part of the party or any of its agents or employees in the performance of or with relation to any of the work or services 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 Chapter466. VII. EQUALEMPLOYMENTQPPORTUNITY Each party agrees to comply with afl federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to pu6lic 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, VIII. DATA PRACTICES Aii data collected, created, received, maintained or disseminated for any purpose in the course of either party's perFormance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. The parties agree to abide strictly by these statutes, rules and regulations. WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY CITY OF SAINT PAUt Approved Jan Parker, Chair Ramsey County Board of Commissioners Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date: Approval recommended: � � BY: Directorof Public Works Assistant City Attorney Director of Financiat Services Ro6 Fulton, Director Department of Pubiic Health Approved as to form and insurance: BY: Mayor Assistant County Attorney Purchase Orderor Aspen Vendor Contract Number: Funds Available: eudgeting and Accounting 04-635 Resotution -- - - 8oard - Ramsey County Commrssiorlers Presented By: Commissioner Reinhardt Date: Mav 19 . 2009 Na. 2049-168 Attention: Budgeting and Accounting Rob Fuiton, Pubiic Heaith Zack tiansen, Envirpnmentai Health WNEREAS, The RegionaURamsey County Solid Waste MasterPian (approved by the County Board on {dovember 16, 2004) includes policies requiring municipalities to assure recycling service is available to al! residents at their place of residence; requiring municipalities to be responsible for developing a long-Yerm financing mechanism to fund their residential recyciing program; and aliowing municipalities use of the County's statutory service charge authority, through joint powers agreements with the County, to collect a municipal recycling fee for the municipality; and WHEREAS, The Courity has authority, pursuant to Minnesota Statutes Sections 473.811 and 400.08, to colfect just and reasonable rates and charges for solid waste management services provided by the County or by others under contract with the County; and, WHEREAS, 7he Cities of Arden Hilis, Lauderdale, New Brighton, North Oaks, Saint Paui, and Shoreview desire to continue to finance their recycling programs by assessing individual propeRy owners within their city for the costs of their program, utilizing the County's solid waste management service charge authority under contract with the County. Now, Therefore, Be !t RESOLVED, The Ramsey County Board of Commissioners hereby authorizes the Chair and Chief Clerk to execute the Joint Powers Agreements for Recycling Funding, on file with the Chief Clerk, with the Cities of Arden Hills, Lauderda{e, New Brighton, North Oaks, Saint Paul, and Shoreview, for the term July 1, 2009, through June 30, 2Q14, in a form to be approved by the County Attorney, Ramsey County Boerd of Commissioners Tony Bennett Toni Cartes lim McDOnough Rafaef Or[ega Vicinria Reinhardt �nice Rettman Jan Parker lan Parker By' ,i Bonnie C. 7ackelen Chief qerk — Cou rd