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HomeMy WebLinkAbout4C, Ramsey County Joint Powers Agreement ~ ~ILLS Request for Council Action ~ Prepared By: James Lehnhoff, Community Development Director Council Meeting Date: June 8,2009 Approve the Ramsey County Joint Powers Agreement for Recycling Funding for July 1, 2009, through June 30, 2014. Budgeted Amount: $1,258 (2009) Actual Amount: N/A Funding Source: Recycling Fund Recommendation: Approve the Ramsey County Joint Powers Agreement for Recycling Funding for July 1, 2009, through June 30, 2014. Supporting Documents: 1. June 8, 2009, Memo to the City Council 2. Existing Joint Powers Agreement with Ramsey County 3. Proposed Joint Powers Agreement with Ramsey County ~ ~LS MEMORANDUM DATE: June 8, 2009 TO: Mayor & City Council FROM: James Lehnhoff, Community Development Director SUBJECT: Ramsey County Joint Powers Agreement for Recycling Funding Action Reauest Approve the Ramsey County Joint Powers Agreement for Recycling Funding for July 1, 2009, through June 30, 2014. Back2:round In 1999 and in 2004, the City of Arden Hills approved a Joint Powers Agreement (JP A) with Ramsey County for the collection of the residential recycling fee. The residential recycling fee is a line item special assessment on the property tax statement, which was set at $32.00 per participating household by the City in 2009. The County collects this revenue and transfers it to the City for deposit into the recycling enterprise fund. The revenue is only used for the residential recycling and community cleanup program. The recycling program is entirely funded by this fee and the SCORE grant from Ramsey County. The existing JP A was approved in 2004 and is set to expire on June 30, 2009. The County has the same JPA with the cities of Lauderdale, New Brighton, North Oaks, St. Paul, and Shoreview. None of those cities have opted out of the new JPA. The proposed JPA is also a five year agreement that would begin on July 1, 2009, and expire on June 30, 2014. The notable changes to the new JP A include: · The requirement for a semi -annual recycling report to the County has been removed (the annual SCORE report is still required per the SCORE agreement); · The 15 percent cap on the use of recycling funds for administrative expenses related to the recycling program has been removed. However, a new clause was added that administrative costs must be approved by the Ramsey County Department of Public Health. Staff spoke with the Department of Public Health, and they verified that City of Arden Hills City Council Meetingfor June 8, 2009 \\AhdocsJ\ah\AHdata\Planning\Recycling & Garbage\2009\060809 - CC Report - Ramsey County JPAfor Recycling Fee. doc Page 10f2 personnel services and consultant fees would be permissible expenses. This previous cap and the proposed new language are meant to ensure that the recycling fee is only used for recycling program expenses. . Instead of labeling the special assessment fee "CITY RECY," the County will now be using the clearer label of "Recycling;" . The existing JP A includes a service charge of up to $.50 per parcel per year to cover the County's costs of administering the City's recycling fee. The new JP A includes the processing fee but it does not include the $.50 per parcel per year cap. Instead, the new IP A states, "The City shall pay the County the actual costs of administering the City's recycling service charge." The Ramsey County Department of Records and Revenue has verified that the fee will remain at $.50 per parcel for 2010, but it could be adjusted in the future. The processing fee is used to cover the costs of processing, collecting, and distributing the fee for the City. One of the reasons cities accept the JP A with Ramsey County is because cities do not have clear statutory authority to certify the fee to property taxes if it is unpaid, which can be done with other utility fees. The cost of the County service charge could be saved if the City opted out of the JP A, but the City would then need to take on the collection, processing, and, if the fees are unpaid, enforcement costs. . The remaining changes are primarily the removal of redundant language already found in State Statutes and other nominal requirements that the County was no longer enforcing or needed. If the City determines that there is a better method for collecting the fee prior to the expiration of the proposed JPA in 2014, the City can terminate the JPA without cause with 180 days notice to the County. However, the existing system is straightforward, less intensive for City staff, has worked well for the last ten years, and would not change the process for residents or add cost in 2010. The City could look at applying the recycling fee to the utility bills in the future, but that would be a change for residents that may require education. Since more staff time would be required if the recycling fee were administered at the City, the savings would likely not be significant. At $.50 per parcel, the County's service fee would be $1,258 for 2010. For future years, staff will obtain the administrative charge in advance of the City's budgeting process so that the City can determine if it is better to stay in the JP A or opt out of the JP A. The City Attorney has reviewed the JP A and did not have any changes. Recommendation Motion to approve the Ramsey County Joint Powers Agreement for Recycling Funding for July 1, 2009, through June 30, 2014. Attachment A. Existing Joint Powers Agreement with Ramsey County B. Proposed Joint Powers Agreement with Ramsey County City of Arden Hills City Council Meeting for June 8, 2009 \ \Ahdocs 1 \ah \AHdata\Planning\Recycling & Garbage \2009 \060809 - CC Report - Ramsey County JP A for Recycling Fee. doc Page 2 of2 Attachment A Existing Joint Powers Agreement with Ramsey County June 8, 2009, City Council Meeting r .'" 4' t. ," " e+ 1'7+; hj JOINT POWERS AGREEMENT This rreement is between the County of Ramsey. ("County"), and the City of Ivn f'Al ~i\ \ ~ r C'Cityn). . WHEREAS, the City's residential curbside recycling program is established and, WHEREAS. the City seeks to establish a long-term funding mechanism for maintaining the City's residential, curbside recycling program; and, WHEREAS, the County has authority,-pursuant to Minnesota Statutes Sections 473.811 and 400.08, to colJectjust and reasonable rates ~nd charges for solid waste management servlces provided by the County or by others under contract with the County; and, WHEREAS, the City desires to finance its curbside recycHng program by assessing individ ual 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 AGREED: J. CITY OBLIGATIONS A.. The, City shall provide curbside colJection services to single family homes at least once per. month. S.. The City shall ensure that multi-family units (including manufactured housing parks) provide residents an opportunity to recycle on site by requiring property managers to provide a minimum level of recycling service.. C. Municipalities with 5,000 or more' in popuf.ation are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at Jeast'twice a month for collection of at least four broad types of materials. Municipalities under 5,000 in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing, at least one a month for collection of at least three broad typ~s of materials. Municipalities under 5,000 in population are encouraged to provide service twice a month and to collect at least four broad types of materials. D. The City shall provide semi-annual reports to the County in a manner prescribed by the County. E. The City shall require haulers to have voJume-based fees or require haulers to provide financial incentives to clients to recycle, and the City shall provide notice of the availability of voJume-based fees or financial incentives to residents at least once "per year. F. The City shalf be in compliance with Minnesota Statutes Section 115A.151 requiring an in- house recycling program. G. The City shat! have a procurement policy in place for the purchase of recycled and recyclable products.. ' H. The City shall implement the elements of the Regional/Ramsey County Solid Waste Master Plan related to recycling and waste reduction in the City. I. Contracts for mixed municipaJ solid waste"collected from City properties shall comply with the Public Entities Section of Minnesota Statutes,SS115A.46, subd.5, 115A.471. If the City ~as implemented organized collection, or ,organizes cofJection during the term of this agreement. '7 f -f-17+ (~ t any resulting contract{s) with hauler(s) shaJl require that waste be delivered to the RamseyJ\Nashington County ReSource Recovery Facility located in Newport. MN. J. The City shall apply funds collected by the County on behalf of the City t pursuant to this Agreement, hereafter described as recycling service-charge funds, to residential curbside recycling collection costs. Recycling serv'ice charge funds may also be used for spring residential clean-ups focused on recycling material collection. multifamily recycling collection. recycled product procurement, recy~ling collection bins, costs of providing a recyclable material drop-off tenter, management of tree and shrub waste. or other costs approved by the ~aint Paul - Ramsey County Departme~t of Public Health ('ithe Department"). The City may apply funds collected by the County on behalf of the City, pursuant to this Agreement. to.nan-residential recycling-costs so 'ong as fees are charged to non-re~idential properties 'for this servicei . ,_ K. On or before October 15 of each year tn~ City stl:sfl - provide the Department with a recycling budget which details eligible costs for the subsequent year. Eligible costs shall limit administration expense~ whiCh will ~e fi.n.an,~~<;j by the recycling service charge to not exceed fifteen percent (150/0) of the City's .recyclin~ budget. . L. In determining the rate to be applied to each single famiJy parcel and condominium parcel, apartment unit, manufactured housing park, and non-residential property) the City shall first reduce the total amount it needs for its recycJing services by aU SCORE funds to be distributed to the City by the County for recycling service., ' , M. On or before Decemb~r 1 of each, y~ar during, the, term of this Agreement, the City shall provide the recycling service charge rate to be applied to each sing.fe family parcel and condominium parcel, apartment unit and, if charged, non-residential parcel ~o the County~ N. The C'ity shall'.pay the County up to $0.50 per parcel ,per year for the Countylls actual costs of ,ac;tministering the Cityts recycling servic~ charge. The County's actual costs will iriclude but are not limited to the costs of computer programming and the Ramsey County Property Records and Revenue Departmentls direct overhead costs. The City shan pay the County within thirty (30) days of. receipt of the County's invoice. II. COUNTY OBLIGATIONS A. The County shall determine the parc~1 count in the City for single family residential properties, condominiums, manufactured housing pad's, and apartments. The parcel count shalf be provided to the City on or before August 30 of each year during the term of this Agreement. B. After receipt of the recycling service charge rates from the City, the County shan list the City's recycling charge on the property owners' tax statements, and shall label the charge as ~CITY RECY:~ c. As property taxes are paid, the County shall separate the City's recycling selVi~e charge from other property ta~es and shall distribute the recycling service charge funds to the City. recycling service charge funds shall be distributed to the City on the settlement dates provided by Minnesota Statutes Sections 276.11 and 276.111. lit. TERM The Term of this Agreement is July 1 B 2004, through June 30~ 2009. ", " t "(-.h\ 9fjn j IV. TERMINATION A. FOR CAUSE. In the event that the City fails to comply 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 County shall submit written notice to the City specifying the reasons for termination and the date upon which the termination becomes effective: , . ~ B. WITHOUT GAUSE. This Agreement may be terminated by either party without cause, on one hurid~ed-ejghty (180) ,days Wf!tten notice to the other partyA , , .. ... : ,~".. '-- '. .' c. OTH'EFfl~VEJ\ltS.. In-the 'event 'that" tlie ~ounty's a~thorjtY tO,provide the 'services contemplated- in this Agreement is modified or repealed this Agreement immediately terminate. - - ' v~ ACCESS TO. ~<?CU~.sNT~.~ '.,.,':" \~.. .~'\ , "!. '", ',.... .. ':'. , " .t Until the expiration of six years after this Agreement terminates, the City shall make available to the County) the State Auditor.or the Coun~yJs ultimate funding source, a copy of this Agreement and books, documents. records a'tid accounting procedures and practices of the City refating to this Agreement VI. HOLD HARMLESS /' Each party agrees to defend, indemnify and hold the other party harmless from any costs. claims, demands, actions or causes of action. including reasonable attorneysJ 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 shan constitute a waiver by either party of any limitations or exceptions of liability under Minnesota Statutes Chapte~ 466. VII. EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comply with all federal. state and locallawst 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 r~gard to p~bJic 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. . ~ l~. ., E -t- ~ \r-, -+1 \'\-1 ~~ VJJI. DATA PRACTICES All 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, ruJes and regulations. RAMSEY COUNTY Approved: CITY OF Approved: ,. ~;y/~ BY: 'D~~y: ~~~.J~ //d~~ Chair, Board of Ramsey County Commissioners /'"H--l - -~~ · By:f/PMJ{t/$?- Dated: ~j &/04- - - Approved as to Form and Insurance: Byl ~~~ Assistant County Attorney Approved: BY; /~~ ~ 5"/3/0Y Budget and Accounting ::om7la(b Director of pubnc H~alth Attachment B Proposed Joint Powers Agreement with Ramsey County June 8, 2009, City Council Meeting ''\ ;~~ P(C-fCf-td JOINT POWERS AGREEMENT FOR RECYCLING FUNDING This Agre.ement is between the County of Ramsey, ("County"), and the City of Arden Hills ("City"). WHEREAS, Ramsey County requires municipalities to assure recycling service is available to all 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; andJ WHEREAS, the County has authority, pursuant to Minnesota Statutes Sections 473..811 and 400.08, to coll~ct just and reasonable rates and charges for soUd 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 15 AGREED: I. CITY OBLIGATIONS A. The City shall assure curbside collection services to all single-family residences, duplexes and . triplexes at least twice per month for at least four broad types of materials B. The City shall assure the provision of on-site recycling services for all multi-unjt housing (including manufactured home parks and senior housing/assisted living facifjti~s) at least twice a month for collection of at least four broad types of materials. c. The Municipality shall comply with Minnesota Statutes ~115A.46 and 9115A.471 when arranging for ,the management of mixed municipal solid waste (MSW), including 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 apply 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 recycling portion of residential clean-up events and curbside cO,lIections.. recycled product procurement, recycling collection bins, costs of providing a r~cyclable material drop-off center, management of tree and shrub waste, soyrce-separated compostable material collection and associated costs, educational materials or other costs consistent with the County's Solid Waste Management Master Plan.. and approved by the Saint Paul - Ramsey County Department of Public Health (lithe Department"). Administrative costs associ~ted with the City's solid waste and recycling program are eligible, but must first be approved by the Depart~ent. I"~ * Prvrcfi-d ... The City may apply recycling service charge funds collected by the County on behalf of the City, pursuant to this Agreement, to non-residentiar 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 material 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 Health. 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 SCORE funds to be distributed to the City by the County for recycling service are proposed to be used. Fu The City shall pay the County the actual costs of administering the City~s recycling service ~harge. 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 DepartmentJs, direct overhead costs. The City shall pay the County within thirty (30) days of receipt of the County/s invoice. ,G. On or before December 1 of each year during the term of this 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. II. COUNTY OBLIGATIONS After receipt of the recycling service charge rates from the City, the County shall list the City's recycling 'charge on the property owners' tax statements} and shall label the charge as tlRecycling.'~, III. TERM The Term of this Agreement is July 1, 20091 through June 30, 2014. IV. TERMINATION A. FOR CAUSE.. In the event that the City fails to comply 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 County shall submit written notice to the City specifying the reasons for termination and the date upon which the termination becomes effective. B. WITHOUT CAUSE. This Agreement may be terminated by either party without cause, on one hundred-eighty (180) days written notice to the other party. . Co OTHER EVENTS. In the event that the County's authority to provide the services contemprated i~ this Agreement is modified or repealed this Agreement immediately terminates. ' v. ACCESS TO DOCUMENTS - " >'l .,. PrvrC7tJ Until the expiration of six years after this Agreement terminates, the City sh~n make available to the County, the State Auditor or the County's ultimate funding source, a copy of this Agreement and books} documentsj records and accounting' procedures and practices of the City relating to this Agreement. VI. HOLD HARMLESS Each party agrees to defendl indemnify and hold the other party harmless from any costs, claims.. demands, actions or causes of action, including reasonable attorneysl 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 service.s provided by the party under the terms of this Ag~eement. Nothing in this Agreement shall constitute a waiver by eith~r party ~f any limitations or exceptio~s of liability under Minnesota Statutes Chapter 466. VII. EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comp.ly with all federal, state and local laws, resolutions, ordfnances, rules, regulation,s and executive orders pertaining to unlawful discrimination on account of race, color, creed, religiC?n, national origin.. 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. VIII. DATA PRACTICES All data collected, created, received, mai,ntained 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 Statu.tes Chapter 13, and rules adopted to implement the Act. The parties agree to abide strictly by these statutes, rules and regulations. .-!, f rc f,C Lj-r: ~. ~ "" WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY CITY OF ARDEN HilLS By: Print Name: Title: Jan Parker, Chair Ramsey County Board of Commissioners Bonnie Jackelen, Chief Clerk Ramsey County Board of Commissioners Date: Date: Approval recommended: Rob Fulton] Director Department of Public Health Approved as to form and insurance: Assistant County Attorney Purchase Order or Aspen Vendor Contract Number: Funds Available: Budgeting and Accounting