September 18, 2012 Board Agenda Page 1 * Board Action Requested McLEOD COUNTY BOARD OF COMMISSIONERS PROPOSED MEETING AGENDA SEPTEMBER 18, 2012 1 9:00 CALL TO ORDER PLEDGE OF ALLEGIANCE INTRODUCTION OF NEW EMPLOYEE A. Diane Miller started employment with McLeod County on September 4, 2012 as a Secretary II split at 20 hours per week for Environmental Services and 20 hours per week, working in different departments as needed. 2 9:05 CONSIDERATION OF AGENDA ITEMS * 3 9:08 CONSENT AGENDA * A. September 4, 2012 County Board Meeting Minutes and Synopsis. B. August 31, 2012 Auditor's Warrants. C. September 7, 2012 Auditor's Warrants. D. Consider the annual renewal for the Video Conferencing system for the emergency operations center/sheriff’s office. The Platinum Onsite Maintenance & Service Prime Contract is through MSpace (Minnetonka, MN) for a total of $1,549.00. The payment will be paid out of the emergency management budget and may get reimbursed through the 2012 Emergency Management Performance Grant (EMPG). The original video conferencing equipment was purchased by the State Homeland Security & Emergency Management Division in September 2010. This is needed in order to have our system serviced and maintained. E. Approve the proposed 2012 and 2013 Teamsters Clerical Contract. F. Approve the proposed 2012 and 2013 Teamsters Highway Contact. 4 PAYMENT OF BILLS - COMMISSIONER WARRANT LIST * 5 PAYMENT OF BILLS - ADDITIONAL MISCELLANEOUS BILLS TO BE PAID BY AUDITORS WARRANTS * 6 9:13 ADMINSTRATION – Administrator Pat Melvin A. Consider awarding the second publication to Glencoe Enterprise based on the bid opened on December 27, 2011.* The award of the first legal newspaper for the publication of the annual Financial Statement, Delinquent Taxes and all Legal Publications was conducted on December 27, 2011. The award of the second publication was overlooked at that time but is required pursuant to M.S. 331A and 375.12.
A. September 4, 2012 County Board Meeting Minutes and Synopsis. B. August 31, 2012 Auditor's Warrants. C. September 7, 2012 Auditor's Warrants. D. Consider the annual renewal for the Video Conferencing system for the
emergency operations center/sheriff’s office. The Platinum Onsite Maintenance & Service Prime Contract is through MSpace (Minnetonka, MN) for a total of $1,549.00. The payment will be paid out of the emergency management budget and may get reimbursed through the 2012 Emergency Management Performance Grant (EMPG). The original video conferencing equipment was purchased by the State Homeland Security & Emergency Management Division in September 2010. This is needed in order to have our system serviced and maintained.
E. Approve the proposed 2012 and 2013 Teamsters Clerical Contract. F. Approve the proposed 2012 and 2013 Teamsters Highway Contact.
4 PAYMENT OF BILLS - COMMISSIONER WARRANT LIST * 5 PAYMENT OF BILLS - ADDITIONAL MISCELLANEOUS BILLS TO BE PAID BY
AUDITORS WARRANTS * 6 9:13 ADMINSTRATION – Administrator Pat Melvin
A. Consider awarding the second publication to Glencoe Enterprise based on the bid opened on December 27, 2011.* The award of the first legal newspaper for the publication of the annual Financial Statement, Delinquent Taxes and all Legal Publications was conducted on December 27, 2011. The award of the second publication was overlooked at that time but is required pursuant to M.S. 331A and 375.12.
7 9:15 ROAD AND BRIDGE – Highway Engineer John Brunkhorst
A. Consider approval/adoption of MnDOT agreement 00732 and Resolution 12-RB11-29 for SP 43-00115; installation of new railroad signals and gates crossing on County State Aid Highway 25 in Brownton.* This is an agreement between TC&W Railroad, MnDOT, and McLeod County. Estimated project cost is $152,857.83 with 90% covered by Federal funds and 10% local funds. This project is scheduled for 2013.
B. Consider hiring Trane (St. Paul, MN) to install cottonwood screens and dynamic air cleaners on the roof top HVAC unit and the I.S. data room air conditioner at our main office in Hutchinson for a net cost of $9,657 plus applicable tax.*
Total price was $12,357 but could be reduced by $300 if we pre pay and receive a $2,400 Hutchinson Utilities energy rebate. Cottonwood Screens are an engineered intake air filtering system that can help reduce both energy and operational costs. The benefits of the Dynamic Air Cleaners include high efficiency air cleaning, lower operational costs, and reduced ventilation air costs. The net savings on using Dynamic Air Cleaners can often generate a return on investment of two to four years.
C. Consider an annual service agreement with Trane of St. Paul, MN for our HVAC system control unit, rooftop unit, and I.S. data room air conditioner for a net cost
of $4,215.62, plus applicable tax.*
Total price was $4,346 but could be reduced by $130.38 if we pre pay. This is for semiannual (spring and fall) inspection of the building automation systems and HVAC equipment.
8 9:30 ENVIRONMENTAL SERVICES – Environmentalist Roger Berggren
A. Consider approving and signing The FY 2013 State of Minnesota Board of Water and Soil Resources Natural Resource Block Grant Agreement (NRBG) which provides money to help administer 6 different resource areas in the county. This is a yearly agreement that the county and state have entered into for over 15 years.* The NRBG money is needed to help offset the costs for certain programs that the county is in charge of administering. The County will receive $82,809 from this grant and will be required to match this with $44,843 in a cash match or in-kind services.
B. Consider adoption of Resolution 12-CB-30 Comprehensive Water Management Plan Extension until May 30, 2013. This extension is needed for the County to adequately complete the plan.*
Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes MN Counties to develop and implement a local water management plan and the current McLeod County Comprehensive Local Water Management Plan is effective until December 31, 2012.
9 9:40 RECORDERS OFFICE – Recorder Lynn Ette Schrupp
A. Consider approval to pay for passport training incidentals (beverages and snacks) out of the Recorder budget not to exceed $75.00. This would also be for future passport trainings hosted by the Recorder and held in McLeod County.* US Passport Office in MPLS is having training here at North Complex for the 3rd year. Federal, county, and city passport personnel come from around the state to take this mandatory training. These passport trainings are held this time of year around the State on different dates. Hosting 2 days of training so that staff does not have to drive to a different site to take the training is a cost savings to McLeod County.
B. Consider request for a credit card in accordance with the Credit Card Policy to pay for conference/meeting rooms, online registrations, or conference/meeting meals allowed by policy.*
C. Consider approval to participate in a class action law suit RE: Hennepin County on behalf of itself and all other situated MN Counties, Plaintiffs, VS Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and Federal Housing Finance Agency as conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Defendants.* On August 24, 2012 Hennepin County Attorney Michael Freeman, filed a complaint in US District Court for the District of MN. This complaint is a Class Action RE: Hennepin County on behalf of itself and all other situated MN Counties, Plaintiffs, VS Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and Federal Housing Finance Agency as conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Defendants. (FANNIE MAE & FREDDIE MAC). This lawsuit seeks a declaration that Defendants are not exempt from MN law requiring payment of MN Deed Tax upon the sale or conveyance of real property. Plaintiff, on behalf of itself and all other MN counties, also seeks to recoup millions of dollars in MN Deed Tax that defendants have previously failed to pay in violation of the law, and an injunction prohibiting Defendants from violating their Deed Tax payment obligations in the future.
10 9:55 INFORMATION SYSTEMS – Network Administrator Matt Troska
A. Consider approval to purchase an iPrism web filtering appliance upgrade and subscription renewal from Edgewave (San Diego, CA) for $21,467.45 + tax to be funded through Capital Projects.* Edgewave is offering a promotion to existing customers to renew at a 25% discount, receive 18 month of subscription free, and save 75% on an upgraded
appliance through the end of September 2012. This promotion will save McLeod County $17,786.30.
11 10:00 SHERIFFS OFFICE – Chief Deputy Sheriff Tim Langenfeld
A. Consider approval to enter into a four year lease agreement with the City of Lester Prairie will lease one mobile computer (laptop) from the Sheriff’s Office. Total purchase price of the computer is $4,941.90 which will be purchased by the Sheriff’s Office from Compar Inc. (Minnetonka, MN). One of Lester Prairie’s current computers has reached the end of its useful life and needs to be replaced in order for Lester Prairie PD to continue operating on the Sheriff’s Office mobile computing system. By purchasing this computer now, the Sheriff’s Office would be able to reduce the 2013 Capital budget by $5000.00.
B. Consider approval to sell one used Panasonic Toughbook laptop to the City of Lester Prairie for $1.* The City of Lester Prairie has requested to purchase the used computer that is being replaced for $1. This computer was leased by the City of Lester Prairie and the lease payments have covered the initial costs of the computer that were incurred by McLeod County. The computer will not be turned over to the City until McLeod County IS has been able to remove (wipe clean) all programs on the computer.
C. Consider approval to purchase an antenna system combiner needed for the backup stations for the ARMER system from Alpha Wireless (Mankato, MN) for a total cost of $9,351.56.* Purchasing this equipment will reduce the number of antennas and cabling needed for the backup stations from 7 to 1.
D. Consider permission to authorize Alpha Wireless of Mankato, MN to upgrade the county wide paging system and convert it from a multicasting system to a simulcasting system for a total cost of $70,433.83 which will come from the ARMER fund.* This includes all materials and labor for the 7 sites throughout McLeod County. This system has to be narrow banded by Jan. 1, 2013 in order to meet the FCC requirements. By narrow banding, the effective range of the paging is reduced. By simulcasting the paging system, it allows all fire/ems pages to be sent from every repeater instead of just one. This will increase the range and coverage drastically and will ensure that fire/ems pages are received.
A. Consider approval for bids to print the 2011 McLeod County Financial Statement as required by law and to close bids on October 8, 2012 and bring before the Board at the October 16, 2012 meeting to award the bid.*
A. Consider approval for new proposed settlement of Mathews condemnation case.*
14 10:30 SOLID WASTE – Director Ed Homan and Coordinator Sarah Young
A. Consider entering into an agreement with West Central Sanitation of Willmar for a three year term to begin on October 1, 2012.
B. Consider adoption of Resolution 12-CB-28 Recycling Policy.*
This will enforce consistency throughout McLeod County for recycling collection in compliance with the County’s Solid Waste Plan.
15 COUNTY ADMINISTRATION
Review of Commissioners Calendar
Commissioner reports of committee meetings attended since September 4, 2012.
A. Consider September 11, 2012 Staffing Request Recommendations.* B. Consider approval to close County facilities to the public at noon on December
24, 2012 and allow employees the option of working or taking four hours of vacation or compensatory time.
C. Consider change in liability from originally approved agreement for MN State University.*
OTHER Open Forum Press Relations RECESS Next board meeting October 2, 2012 at 9:00 a.m. in the County Boardroom.
September 4, 2012 McLeod County Board Meeting 1
McLEOD COUNTY
BOARD OF COMMISSIONERS PROPOSED MEETING MINUTES – September 4, 2012
CALL TO ORDER The regular meeting of the McLeod County Board of Commissioners was called to order at 9:00 a.m. by Board Chair Beverly Wangerin in the County Boardroom. Commissioners Nies, Terlinden, Wright and Bayerl were present. County Administrator Patrick Melvin, Administrative Assistant Donna Rickeman, County Auditor-Treasurer Cindy Schultz and County Attorney Michael Junge were also present. PLEDGE OF ALLEGIANCE At the request of the Board Chair, all present recited the Pledge of Allegiance. CONSIDERATION OF AGENDA ITEMS The following item was added to the agenda:
A) Add under Auditor Treasurer item A; HRA request. B) Add under Administration item D; Consider appointments to the Ditch Committee. C) Add under Administration item E; MCIT dividend announcement.
Nies/Terlinden motion carried unanimously to approve the agenda as revised. CONSENT AGENDA
A) August 21, 2012 County Board Meeting Minutes and Synopsis. B) August 17, 2012 Auditor's Warrants. C) August 24, 2012 Auditor's Warrants. D) Approve a Conditional Use Permit 12-18 for Curtis Berry in order to construct an
accessory structure greater than 2,400 square feet on a parcel less than 10 acres in size within the Agricultural District to be utilized for tractor trailer and storage of personal property. This property is located on a 5 acre tract within the E ½ of the NE ¼, in Section 8 of Penn Township. The McLeod County Planning Commission unanimously recommended approval at their meeting on August 22, 2012. The Penn Township Board recommended approval at their meeting on August 13, 2012.
Wright/Bayerl motion carried unanimously to approve the consent agenda.
PAYMENT OF BILLS – COMMISSIONER WARRANT LIST
September 4, 2012 McLeod County Board Meeting 2
General Revenue $74,943.41 Road & Bridge $26,998.26 Solid Waste $12,670.40 Special Revenue Fund $1,412.49 Forfeited Tax Fund $300.00
Nies/Bayerl motion carried unanimously to approve payment of bills totaling $116,324.56 from the aforementioned funds. ASSESSORS OFFICE – Assessor Sue Schulz
A) Sue Schulz informed the board on tax court settlement for parcel 23.325.0050 Inland Hutchinson, LLC (Cub Foods). The following is the agreed upon settlement with recommendation from both the County Assessor and County Attorney:
2009/pay 2010 – Reduce from $4,232,600 to $3,912,300
2010/pay 2011 – Reduce from $4,232,600 to $3,470,600
Pay 2012 and pay 2013 remain at $3,055,700
Nies/Wright motion carried unanimously to accept the recommendation of the County Assessor and County Attorney as stated above. ATTORNEYS OFFICE – Attorney Mike Junge
A) Mike Junge requested adoption of Resolution 12-CB-27 appointment of David Schauer as Special Assistant McLeod County Attorney effective September 4, 2012.
Terlinden/Nies motion carried unanimously to adopt Resolution 12-CB-27 appointment of David Schauer as Special Assistant McLeod County Attorney effective September 4, 2012.
SHERIFFS OFFICE – Sheriff Scott Rehmann
A) Scott Rehmann requested approval to hire Steven K. Swensen, Director Center for Judicial and Executive Security, Saint Paul (MN) to perform a Court House Security Assessment for a total cost of $5000.00. An outside party conducting a Court House Security Assessment would give McLeod County an objective and complete assessment of our security needs. This would also give us a “Road Map” of how to proceed in securing our court house and other department offices housed within this complex. After further discussion it was determined that with the help of the newly formed Security Committee and the knowledge from within and from other counties, this
September 4, 2012 McLeod County Board Meeting 3
assessment can be performed in-house and possibly have a professional review the plan.
INFORMATION SYSTEMS – Network Administrator Matt Troska
A) Matt Troska requested approval to purchase replacement batteries for uninterrupted power supplies (UPS’s) at various County Buildings from Compar Inc. (Minnetonka, MN) for a total cost of $3,136.93 which is in the 2012 IS budget. This is a state contract quote. Replacing the batteries on the UPS’s helps keep them in working condition and allows for optimal runtime in the event of a power failure. These UPS’s protect network and VoIP equipment from damage related to power failures and high or low voltage conditions.
Wright/Bayerl motion carried unanimously to approve the purchase of replacement batteries for uninterrupted power supplies (UPS’s) at various County Buildings from Compar Inc. (Minnetonka, MN) for a total cost of $3,136.93 which is in the 2012 IS budget.
PLANNING AND ZONING – Assistant Zoning Administrator Marc Telecky
A) Marc Telecky requested approval Conditional Use Permit JP 12-C2 for Barry Schaffer in order to allow for a church to utilize a portion of his building. This property is located on Lot 2 Block 1 AMS Subdivision (old drive in theatre) of Hutchinson Township and located within the Hutchinson Area Joint Planning area. It is zoned “I-1” Light Industrial. The Hutchinson Area Joint Planning Board recommended approval with the following condition:
1. No further increase in size or capacity of the building for the church use.
Nies/Wangerin motion carried unanimously to approve Conditional Use Permit JP 12-C2 for Barry Schaffer in order to allow for a church to utilize a portion of his building with the above mentioned condition. AUDITOR-TREASURER – Auditor-Treasurer Cindy Schultz
A) Cindy Schultz led the discussion regarding the Housing and Redevelopment Authority’s (HRA) request for McLeod County to provide $50,000 annually in assistance (tax levy, general fund line item, payment in lieu of taxes abatement or combination thereof) to offset administrative costs and allow reserves to build in the townhome project.
September 4, 2012 McLeod County Board Meeting 4
Commissioner Nies indicated that the county will have some liability on the bonds the HRA used to finance the townhouses if the townhouses go under. County Attorney Mike Junge said the county would be responsible for about 10 percent of the total value of each bond issue, of which there are four separate issues totaling about $3.69 million. Currently the interest rate in the bonds averages about 5 to 6 percent. The county could offer a lower percentage rate, and then gain some interest income on the money it lends to the HRA. With this option the county would then be responsible for the entire HRA debt, rather than the 10 percent.
Nies/Bayerl motion carried unanimously to deny the Housing and Redevelopment Authority levy rights and to have both the County Attorney and Auditor-Treasurer investigate the financial and legal issues involved in helping out the Housing and Redevelopment Authority.
B) Cindy Schultz requested approval to set the 2013 proposed property tax levy at
$18,293,585. The 2013 proposed levy equals no increase from 2012.
2013 Property Tax Levy
Certification Date: September 4, 2012
I hereby certify the 2013 Proposed Budget and Levy as approved by the County Board of Commissioners'.
03 Social Services 8,833,331 9,184,518 (351,187) 3,807,076
Trailblazer Transit 586,667 586,667 - 409,867
$ 9,419,998 $ 9,771,185 $ (351,187) $ 4,216,943
Special Revenue $ 1,698,199 $ 3,184,318 $ (1,486,119) $ 1,000,000
Non-Levy Funds
Solid Waste $ 2,801,539 $ 2,605,151 $ 196,388
Grand Totals $ 38,234,192 $ 39,940,647 $ (1,706,455) $ 18,293,585
Bayerl/Terlinden motion carried unanimously to approve setting the 2013 proposed property tax levy at $18,293,585. The 2013 proposed levy equals no increase from 2012. COUNTY ADMINISTRATION
A) Pat Melvin requested approval of a 2012 salary increase of .40/hr. for the period of October through December 2012 for non-union employees with a one-time lump sum payment in that same amount for non-union employees at the top of the scale. This increase will set the non-union employees at the same pay range as the Union employees who are receiving retroactive pay back to January 2012 in the amount of .30/hr.
Wright/Terlinden motion carried unanimously to approve a 2012 salary increase of .40/hr. for the period of October through December 2012 for non-union employees with a one-time lump sum payment in that same amount for non-union employees at the top of the scale.
B) Pat Melvin requested approval of payment in the amount of $8,327.95 from
account 25-807, Capital Assets, for the work that the Highway Department did to the HHS parking lot. Building Maintenance does not have sufficient funds to cover this amount in their 2012 budget.
Nies/Bayerl motion carried unanimously to approve payment in the amount of $8,327.95 from account 25-807, Capital Assets, for the work that the Highway Department did to the HHS parking lot.
September 4, 2012 McLeod County Board Meeting 6
C) Pat Melvin informed the Board of the upcoming Transportation Candidate Forum to be held Tuesday, September 18 10:00 AM - 12:00 PM in Willmar at the Public Library in the Multipurpose Room.
D) Pat Melvin requested approval of appointments from each district to the Ditch Advisory Committee as follows: Scott Streich, David Dostal, Larry Phillips, Steve Reiner and Frances Svoboda. Per diems will be paid from the misc. account and charged back to the ditch account.
Bayerl/Terlinden motion carried unanimously to approve appointments from each district to the Ditch Advisory Committee as follows: Scott Streich, David Dostal, Larry Phillips, Steve Reiner and Frances Svoboda.
E) Betty Werth presented the 2012 Minnesota Counties Intergovernmental Trust (MCIT) 2012 dividend notice. A total dividend to all counties within Minnesota was $29.9 million. McLeod County 2012 dividend is $348,827 allocated as follows: Workers’ Compensation $133,360 and Property/Casualty $215,467. Betty informed the board that actual dividend payment will be mailed in mid-November.
Nies/Bayerl motion carried unanimously to recess at 11:03 a.m. until 9:00 a.m. September 4, 2012 in the County Boardroom.
ATTEST: _____________________________ ___________________________________ Beverly Wangerin, Board Chair Patrick Melvin, County Administrator
McLEOD COUNTY
BOARD OF COMMISSIONERS SYNOPSIS – September 4, 2012
1. Commissioners Wangerin, Bayerl, Terlinden, Wright and Nies were present. 2. Nies/Terlinden motion approved the agenda with the following additions; under
Auditor-Treasurer item A; HRA request, under Administration item D; Consider appointments to the Ditch Committee and under Administration item E; MCIT dividend announcement.
3. Wright/Bayerl motion approved the consent agenda including September 4, 2012 Board Meeting Minutes and Synopsis; August 17, 2012 Auditor’s Warrants; August 24, 2012 Auditor’s Warrants; and Approve a Conditional Use Permit 12-18 for Curtis Berry in order to construct an accessory structure greater than 2,400 square feet on a parcel less than 10 acres in size within the Agricultural District to be utilized for tractor trailer and storage of personal property.
4. Nies/Bayerl motion approved payment of bills totaling $116,324.56 from the following funds: General Revenue $74,943.41; Road & Bridge $26,998.26; Solid Waste $12,670.40; Special Revenue Fund $1,412.49 and Forfeited Tax Fund $300.00.
5. Nies/Wright motion carried unanimously to accept the recommendation of the County Assessor and County Attorney as stated above.
6. Terlinden/Nies motion carried unanimously to adopt Resolution 12-CB-27 appointment of David Schauer as Special Assistant McLeod County Attorney effective September 4, 2012.
7. Wright/Bayerl motion carried unanimously to approve the purchase of replacement batteries for uninterrupted power supplies (UPS’s) at various County Buildings from Compar Inc. (Minnetonka, MN) for a total cost of $3,136.93 which is in the 2012 IS budget.
8. Nies/Wangerin motion carried unanimously to approve Conditional Use Permit JP 12-C2 for Barry Schaffer in order to allow for a church to utilize a portion of his building with the above mentioned condition.
9. Nies/Bayerl motion carried unanimously to deny the Housing and Redevelopment Authority levy rights and to have both the County Attorney and Auditor-Treasurer investigate the financial and legal issues involved in helping out the Housing and Redevelopment Authority.
10. Bayerl/Terlinden motion carried unanimously to approve setting the 2013 proposed property tax levy at $18,293,585. The 2013 proposed levy equals no increase from 2012.
11. Wright/Terlinden motion carried unanimously to approve a 2012 salary increase of .40/hr. for the period of October through December 2012 for non-union employees with a one-time lump sum payment in that same amount for non-union employees at the top of the scale.
12. Nies/Bayerl motion carried unanimously to approve payment in the amount of $8,327.95 from account 25-807, Capital Assets, for the work that the Highway Department did to the HHS parking lot.
13. Bayerl/Terlinden motion carried unanimously to approve appointments from each district to the Ditch Advisory Committee as follows: Scott Streich, David Dostal, Larry Phillips, Steve Reiner and Frances Svoboda.
Complete minutes are on file in the County Administrator’s Office. The meeting recessed at 11:03 a.m. until September 18, 2012. Attest: Beverly Wangerin, Board Chair Patrick Melvin, County Administrator
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01-000-000-0000-2041
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8714 U N I O N SECURITY I N S U R A N C E C O M P A N Y
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Amount
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2,656.13
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Invoice # Account/Formula Description Paid On Bhf# On Behalf of Name
STD PREMIUM GENERAL FUND
0 9 / 0 1 / 2 0 1 2 0 9 / 3 0 / 2 0 1 2
L T D PREMIUM GENERAL FUND
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1 Vendo r s
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Long T e r m Disabi l i ty Payable
2 Transact ions
13 DEPT
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9555
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Court Acmiinistrator 's Of f i ce
195.00 C R T A P P T A J A J J V - 1 2 - 1 5 1
18.75 CRT APPT D O L E Z A L P R - 1 2 - 302
101.25 CRT APPT J M F 6 - 0 4 - 5 0 4 3 5
105.00 CRT APPT K K F A - 1 2 - 8 7 7
37.50 CRT APPT J JOHNSON F A - 0 6 - 6 3 0
11.25 CRT APPT K E F A - 1 2 - 6 8 5
468.75 6 Transactions
Court A p p t At ty- Dep /Neg /Ter
Court A p p t Atty- Other
Court A p p t Atty- Other
Court A p p t Atty- Other
Court A p p t Atty- Other
Court A p p t Atty- Other
283 G L E N C O E L A W OFFICE
01-013-000- 0000-6273
283 G L E N C O E L A W OFFICE
37.50 CRT APPT A H A N S E N P R - 1 2 - 724 65
37.50 1 Transactions
Court A p p t At ty- Other
6440 M E L C H E R T H U B E R T SJODIN P L L P
01-013-000- 0000-6272
01-013-000- 0000-6272
01-013-000- 0000-6272
6440 M E L C H E R T H U B E R T SJODIN P L L P
210.00 C R T A P P T K J J V - 1 0 - 3 3 2 J V - 1 1 - 1 0 103121
165.00 CRT APPT K T JV-10- 79 103124
285.00 CRT APPT AB J V - 1 2 - 1 0 7 103182
660 .00 3 Transactions
Court A p p t At ty- Dep /Neg /Ter
Court A p p t Atty- Dep /Neg /Ter
Court A p p t At ty- Dep /Neg /Ter
377 T H E L A W OFFICE OF T R O Y A S C O T T I N G
01-013-000- 0000-6272
01-013-000- 0000-6272
01-013- 000- 0000-6272
01-013-000- 0000- 6273
01-013-000- 0000-6273
377 T H E L A W OFFICE OF T R O Y A S C O T T I N G
315.00 C R T A P P T W B E R N I E R J V - 1 2 - 1 0 7
97.50 CRT APPT WD J V - 1 2 - 6
157.50 CRT APPT L J J V - 1 2 - 1 5 1
30.00 CRT APPT G K F A - 1 2 - 685
45.00 CRT APPT G K F A - 1 2 - 685
645 .00 5 Transactions
Court A p p t Atty- Dep /Neg /Ter
Court A p p t Atty- Dep /Neg /Ter
Court A p p t Atty- Dep /Neg /Ter
Court A p p t Atty- Other
Court A p p t Atty- Other
Copyright 2010 Integrated Financial Systems
ROBECK 8/31/12 1:10PM
1 General Revenue Fund
Vendor Name No. Account/Formula
13 DEPT Tota l :
********* ********* McLeod County IFS Audit List for Board AUDITOR'S VOUCHERS ENTRIES
Rpt Acer
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Amount Warrant Description
Service Dates 1,811.25 Cour t Admin i s t r a to r ' s O f f i c e
Page 3
Invoice # Account/Formula Description Paid On Bhf# On Behalf of Name 4 Vendors ' 15 Transact ions
75 DEPT
1440 V I S A
01- 075- 000- 0000- 6402
1440 V I S A
75 DEPT Tota l :
384,21
384.21
384.21
Central Services - Charge Backs
SAGE SOFTWARE INC
1 Transactions
Cent ra l Services - Charge Backs 1 Vendors
Off ice Supplies
1 Transact ions
76 DEPT
5906 C E N T U R Y L I N K
01- 076- 000- 0000- 6203
01-076- 000- 0000-6203
5906 C E N T U R Y L I N K
Central Services - County Wide
31.50 L O C A L SVC
0 8 / 1 8 / 2 0 1 2
3,188.19 L O C A L SVC
0 8 / 1 8 / 2 0 1 2
3,219.69
313623769
0 9 / 1 7 / 2 0 1 2
0 9 / 1 7 / 2 0 1 2
2 Transactions
314019358
Communicat ions
Communicat ions
11580 C E N T U R Y L I N K
01- 076- 000- 0000- 6203
11580 C E N T U R Y L I N K
1,266.19 L O N G D I S T A N C E
4,485.88
320439462
1 Transactions
Communicat ions
5433 D E X O N E
01- 076- 000- 0000- 6203
5433 D E X O N E
24.00 A U G U S T ADVERTISING C H A R G E 300142598
24.00 1 Transactions
Communicat ions
5 76 F I N K E N W A T E R CENTERS
01 -076-000-0000-6350
576 F I N K E N W A T E R CENTERS
401.42 W A T E R COOLER R E N T A L
401 .42 1 Transactions
0401513 Other Services & Charges
76 DEPT Tota l : 4 ,911.30 Cent ra l Services - Coun ty Wide 4 Vendors 5 Transact ions
111 DEPT
5 3 9 C E N T E R POINT E N E R G Y
01-111- 000- 0000-6255
539 C E N T E R POINT E N E R G Y
125.31
125.31
Courthouse Bui ld ing
GAS
0 6 / 3 0 / 2 0 1 2
5969231-9 Natural Gas
0 7 / 3 1 / 2 0 1 2
1 Transactions
Copyright 2010 Integrated Financial Systems
ROBECK 8/31/12 1:10PM
1 General Revenue Fund
********* ********* McLeod County IFS Audit List for Board AUDITOR'S VOUCHERS ENTRIES
. • I \ I I I . v \ K ; >
i A l l . N A M | . \ !
Page 4
Vendor Name Rpt Warrant Description Invoice # Account/Formula Description No. Account/Formula Acer Amount Service Dates PaidOnBhf# On Behalf of Name
111 DEPT Tota l : 125.31 Courthouse B u i l d i n g 1 Vendors 1 Transact ions
112 DEPT Nor th Complex Bui ld ing
539 C E N T E R POINT E N E R G Y
01-112- 000- 0000-6255 300.00 GAS 5987110- 3 Natura l Gas
0 6 / 3 0 / 2 0 1 2 0 7 / 3 1 / 2 0 1 2
539 C E N T E R POINT E N E R G Y 300.00 1 Transactions
112 DEPT Tota l : 300.00 N o r t h C o m p l e x B u i l d i n g 1 Vendors 1 Transact ions
116 DEPT Health A n d H u m a n Services Bui ld ing
539 C E N T E R POINT E N E R G Y
01-116- 000- 0000-6255 49.17 GAS 6008184-1 Natura l Gas
0 6 / 3 0 / 2 0 1 2 0 7 / 3 1 / 2 0 1 2
01-116- 000- 0000-6255 13.36 GAS 7484082- 8 Natural Gas
0 6 / 3 0 / 2 0 1 2 0 7 / 3 1 / 2 0 1 2
539 C E N T E R POINT E N E R G Y 62.53 2 Transactions
116 DEPT Tota l : 62.53 Hea l th A n d H u m a n Services B u i l d i n g 1 Vendors 2 Transact ions
201 DEPT County Sheriff 's Off ice
83 A T & T MOBILITY
01-201-000-0000-6203 523.50 MCSO AIR SOURCE CARDS 287235616915 Communicat ions
01-201- 000-9003-6350 153.35 GLENCOE PD ATR SOURCE C A R D S 287235616915 Other Services & Charges- Glencoe Compu
01-201- 000-9004-6350 39.39 LP PD AIR SOURCE CARDS 287235616915 Other Services & Charges- Lp Computer
01-201- 000-9005-6350 61.76 WINSTED PD AIR SOURCE CARDS 287235616915 Other Services & Charges- Winsted C o m p i
01- 201- 000- 9006-6350 30.67 SL PD AIR SOURCE CARDS 287235616915 Other Services & Charges- Silver Lake
01- 201- 000- 0000- 6241 121.84 MINNESOTA B O O K S T O R E - H W Y MAPS 7306 Pr int ing A n d Pubhshing
1440 V I S A 121.84 1 Transactions
Copyright 2010 Integrated Financial Systems
ROBECK 8/31/12 1:10PM
1 General Revenue Fund
Vendor Name No. Account/Formula
201 DEPT Total :
********* *********
Rpt Acer
McLeod County IFS Audit List for Board AUDITOR'S VOUCHERS ENTRIES
i N r c G R A r r n rtNAN 'C IM SYSTfMS
Amount Warrant Description
Service Dates 977.47 Coun ty Sher i f f ' s O f f i c e
Page 5
invoice # Paid On Bhf # 3 Vendors
Account/Formula Description On Behalf of Name
7 Transact ions
251 DEPT
5175 FLEET SERVICES
01-251- 000- 0000- 6455
5175 FLEET SERVICES
County Jai l
633.38 FUEL
633.38
30359821
1 Transactions
Motor Fuels A n d Lubricat ion
251 DEPT Tota l : 633.38 County Ja i l 1 Vendors 1 Transact ions
485 DEPT
83 A T & T MOBILITY
01-485-472- 0000-6203
01-485-474- 0000-6203
. 83 A T & T MOBILITY
County Public Heal th Nurs ing
30.67 WIRELESS USE
31.10 WIRELESS USE
61.77
X08232012
X08232012
2 Transactions
Communicat ions
Communicat ions
114 C C L S T L C H B
01-485- 000- 0000-6245
114 C C L S T L C H B
70.00 REG BREASTFEEDING MATTERS A L O V E L A N D
70.00 1 Transactions
Dues A n d Registration Fees
1440 VISA
01- 485- 000- 0000- 6402
01-485-000- 0000- 6612
1440 VISA
220.00 T H E COMPETITIVE EDGE. C O M
543.00 T H E COMPETITIVE EDGE. C O M
763 .00 2 Transactions
Of f i ce Supplies
Capi ta l - $100- $5,000 (Inventory)
485 DEPT Total : 894.77 County Pub l i c Hea l th N u r s i n g 3 Vendors 5 Transact ions
501 DEPT
7612 M C L E O D A L L I A N C E F O R VICTIMS
01-501- 000- 0000-6881
7612 M C L E O D A L L I A N C E F O R VICTIMS
Culture & Recreation
7,500.00 2012 A L L O C A T I O N
7,500.00 1 Transactions
Al locat ion- Mcleod Vict ims All iance
501 DEPT Tota l :
F u n d Tota l :
7,500.00 Cul tu re & Recrea t ion
20,256.35 Genera l Revenue F u n d
1 Vendors 1 Transact ions
41 Transact ions
Copyright 2010 Integrated Financial Systems
ROBECK 8/31/12 1:10PM
3 Road & Bridge Fund
********* McLeod County IFS ********* Audit List for Board AUDITOR'S VOUCHERS ENTRIES
ira i N ' n c i R A i r n I I S A M ! \ ! S' i ' . l l ' . '* .
Page 6
340
340
Vendor Name Rpt Warrant Description Invoice # Account/Formula Descriptior No. Account/Formula Acer Amount Service Dates Paid On Bhf # On Behalf of Name
DEPT
8714 U N I O N SECURITY I N S U R A N C E C O M P A N Y
03- 000- 000- 0000- 2041 21.35 STD PREMIUM H W Y FUND Short Te rm Disabi l i ty Payable
0 9 / 0 1 / 2 0 1 2 0 9 / 3 0 / 2 0 1 2
03- 000- 000- 0000- 2050 163.20 L T D PREMIUM H W Y FUND Long T e r m Disabi l i ty Payable
0 9 / 0 1 / 2 0 1 2 0 9 / 3 0 / 2 0 1 2
8714 U N I O N SECURITY I N S U R A N C E C O M P A N Y 184.55 2 Transactions
Platinum On-Site Maintenance & Service Prime Contract
Serial # System Description Location Coverage Dates Price
26A83703 Tandberg Edge 95 Video Glencoe, MN 10/12/12-10/11/13
$1,549.00
Conferencing System
Sub-Total X 1-Year Contract X Renewal p r i c e
$1,549.00 $1,549.00
• Next Business Day* On-Site Scheduling: Your System will be evaluated at your site via remote remedial diagnostics within four hours. If required, technical service personnel will be scheduled before the end of the next regular business day (8:00 A M to 5:00 P M M-F Central Time) or within 24 hours if the Help Desk receives the service request prior to 12:00 P M Central Time.
• Unlimited Phone Support: Help Desk, Engineering, Training and Customer Service personnel will be available to receive your call and answer your questions pertaining to the operation of the System.
Replacement parts will be coordinated for arrival with technician, as required: A l l qualified costs associated with performance of the contract including the cost of equipment, materials and labor will be paid by MSpace, Inc. Replacement parts are subject to availability and will be equivalent in performance and function to ensure system operability.
• Work Through to Completion on Service Calls: System service will continue through to completion regardless of overtime or after-hours
conditions. • MSpace Developed Control System software Archival: MSpace will maintain and make available as requested all control system programs and
source codes related directly to the installed system for historical reference • Video Conferencing - CODEC Only - Advance Replacement*-
• Next day* part replacement per related manufacturer's program. For next day parts replacement calls must be received prior to 12:00 pm Central
Time • Defective product to be returned to manufacturer with advance shipping label within 20 daysf • Remote CODEC software updates/upgrades per related manufacturer's program
• All costs of parts and labor associated with performance of the contract will be paid by MSpace • 24 x 7 Emergency Help Desk: Technical support will be available 24 hours a day, 7 days a week in case of an emergency. Our support personnel
will be notified via answering service when a customer needs assistance beyond normal business hours. • Semi-Annual Preventative-Maintenance visits, if requested (scheduled at time of acceptance of contract), travel not included. • Two thirty-minute video refresher trainings, if requested (scheduled at time of acceptance of contract)
Customer Name:
By:.
MSpace, Inc
By:
Name (Print): &e tl W )u £ i <\
Title: HkLtud. (OUHU BOC,C^ <±h ! r
Date:
Name:.
Title: _
Date:
All service/parts replacement guarantees are for all Continental US (CONUS) based equipment only. Non-CONUS and international based equipment must be shipped to MSpace by customer. Customer bears all shipping expenses for non-CONUS and international based equipment. *Labor rates, travel and minimum hours quoted in this contract may be subject to change by geographic location. tDefective product not returned within timeframe set forth herein will be invoiced at current MSRP
Page 1 of 3 MSpace Platinum On-Site Maintenance Contract, 7/10/12
Platinum Maintenance Programs (Remote and On-site) Terms and Conditions
1. Service Description The actual service entitlements you ("Customer") will receive for your system are described and detailed in a separate document. This Agreement is only operative when you, the customer, have selected a Service Offering and signed the prime contract.
2. Equipment Schedule Each System will be on an exhibit containing the following information: (a) equipment schedule specifying manufacturer, model, serial number and location, (b) Service Offering, (c) the period during which any Service Offering is to be provided ("Service Offering"), and (d) maintenance fees.
3. G E N E R A L T E R M S A N D CONDITIONS Unless otherwise provided in the Service Agreement or Addendums, services will be provided during the Principal Period of Maintenance ("PPM") from 8:00 A M through 5:00 P M Central Time - Monday through Friday, exclusive of MSpace holidays. A l l maintenance services will be performed during MSpace's Normal Business Day. A "Normal Business Day" is defined as: Monday through Friday, 8:00 a.m. to 5:00 p.m. (Central Time). Services performed outside of the Normal Business Day or outside the scope of this Agreement will be charged on a per occurrence basis for a minimum of two (2) hours at MSpace's then prevailing hourly or premium hourly rate including travel time to and from Customer's site. Customer shall also be responsible for travel and living expenses, when required. For product listed in an Equipment Schedule, you will receive software corrections ("Updates"). Customer may purchase software containing new functionality or capabilities ("Upgrades") at MSpace's then current prices. Updates do not include Upgrades. Replacement parts are subject to availability and will be either new parts or parts equivalent in performance to new parts when used with the System. Parts removed from the System will become property of MSpace. Shipping & Handling costs of damaged or defective items returned for exchange or repair is the financial responsibility of the customer. The following items are not covered under the provisions of this contract and if requested, would be subject to additional charges i f requested: (a) Electrical work external to the System, (b) repair or damage to, or defects in the System resulting from causes external to the System including fire, accident, system misuse, vandalism, acts of nature, water, lightning or failure of the installation site to conform to MSpace's applicable specifications, or resulting from use of the System for other than intended purposes, or resulting from maintenance or attempted repair or adjustment of the System components by persons other than MSpace's employees, (c) furnishing supplies or accessories, or painting or refinishing the System, (d) projector lamps, external fuses, batteries, software programs, floppy disks, patch cords and other similar expendables, (e) services in connection with the relocation of the System or the addition or removal of any equipment or parts, problems caused by improper connection of equipment, attachments, features or other devices not furnished by MSpace, or the maintenance, alterations, attachments or other devices not furnished by MSpace, including communication devices, wiring, connectors, software, networks or interface equipment, (f) image "burn-in" on any display devices, (g) re-training of personnel in system operation, additional training sessions are available for purchase, (h) travel expenses in excess of one (1) hour from MSpace's nearest service facility. MSpace can not assume responsibility for the correct, consistent or dependable operation of the local area or wide area network (internet), public telephone network, central office switch or long distance provider servicing your facility. Maintenance program or maintenance renewal program entidements are only valid when MSpace can verify and certify a System as completely operational. MSpace will make available verification as to the correct operation of the System provided, and will provide any technical information required of the network provider to facilitate network diagnostics and service. MSpace will automatically renew maintenance for a period of five (5) years following the delivery of the applicable new System. MSpace will provide sixty days prior written notice of MSpace's intent to terminate service for any System then under maintenance.
4. M A I N T E N A N C E F E E S A N D P A Y M E N T / T A X E S a) Maintenance fees are based on the Service Offering, Product configuration and locations. Unless otherwise specified in the Service Agreement or Addendums, Invoices are due and payable upon receipt of invoice. The maintenance fees and other charges hereunder do not include federal, state and/or local excise, sales, value added, use and other taxes now or hereafter levied or imposed on the services or spare or replacement parts hereunder, or on this Agreement or any Equipment Schedule Exhibit. You shall pay such taxes in full, provide to MSpace an acceptable tax exemption certificate, or reimburse MSpace in full for any such taxes paid by MSpace. MSpace will pay MSpace's corporate franchise taxes and taxes on MSpace's net income, b) The term of the Service Offering, if any, is set forth on the Service Agreement or Addendums. Upon extension of the Service Offering, the maintenance services provided by MSpace shall remain unchanged (except with respect to pricing) unless both parties agree in writing to any changes at the time of extension, c) Time and Materials - During the term of the Service Agreement, unless otherwise agreed to, services performed at Customer's request which are outside those specified herein shall be on a time, material(s) and transportation basis, at MSpace's then prevailing rates. Provisioning of such services shall be at the discretion of MSpace and shall be subject to the availability of personnel and parts, if applicable. A l l terms and conditions of the Service Agreement (except with respect to pricing) shall apply to such services, d) In the event a manufacturer discontinues producing a Product or in the event the Product has outlived the manufacturer's suggested product life cycle, then MSpace shall continue to provide maintenance services for as long as parts are readily available. In the event repair parts are not readily available, MSpace shall advise Customer and Customer shall have the option to replace the Product with a similar product at MSpace's then prevailing rates. In the event Customer declines to authorize such replacement, MSpace shall delete such Product(s) from this Agreement and MSpace will issue, if applicable, a prorated refund for such deletion, e) MSpace shall use commercially reasonable efforts to deliver the Products. Customer shall send or deliver defective Equipment or Software to a location designated by MSpace for Warranty returns. Customer shall bear all risk and expense of shipment.
5. A D D I T I O N A L C U S T O M E R O B L I G A T I O N S During the PPM, You will provide access to the System and adequate working space, including heat, light, ventilation, electric currents and outlets, at no charge to MSpace. At your expense, you will maintain the installation site and provide the necessary utility services for use of the System in accordance with MSpace's and/or manufacturer's applicable published System specifications.
6. UNAUTHORIZED ALTERATION OF THE SYSTEM If any person other than an MSpace employee or MSpace authorized service representative alters or changes the System without MSpace's prior consent or in any way renders the System unsafe for maintenance, MSpace may, at its option, remove the applicable equipment from maintenance or terminate the Agreement without liability to customer. Adjustments to the System made at the direction of MSpace do not constitute alterations or changes for purpose of this Section.
7. EQUIPMENT SCHEDULES If you wish to make an item addition to the Equipment Schedule as defined in paragraph 2 of the Service Agreement, and such item has not been covered under warranty or maintained by MSpace. MSpace may require that the item pass an inspection and/or be brought up to the latest revision level, both at your expense and on a time, material(s) and transportation basis, at MSpace's then prevailing rates.
8. WARRANTY/LIMITATION OR REMEDIES MSpace warrants that services will be provided in a professional and workmanlike manner. MSpace makes no other warranty, either expressed or implied, including, but not limited to, any warranty of fitness for a particular purpose or merchantability. MSpace makes no warranty that operation of the system(s) will be uninterrupted or error free. MSpace, at its discretion, may dispatch local/subcontracted technicians to fulfil l on-site response requests. MSpace is not responsible for the availability of subcontracted labor or delays in service caused by unavailability of such subcontractors. In no event will MSpace be liable for any delay in furnishing services, except for claims for personal injury or for damages to real or tangible personal property. In no event will MSpace be liable for incidental, consequential, special or indirect damages, lost business profits, or loss, damage, or destruction of data regardless of the form of action, whether in contract, tort, (including negligence), breach of warranty, or otherwise, even if MSpace has been advised as to the possibility of same, and MSpace's maximum liability for all other damages will be limited in any event to one (1) year's maintenance charges for affected location. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages and the above exclusion or limitation may not apply.
9. FORCE MAJEUR In no event will either party be liable for failure to perform hereunder due to contingencies beyond the party's reasonable control.
10. INDEMNIFICATION MSpace will indemnify and hold You harmless from and against any and all losses, damages, expenses (including reasonable attorney's fees), claims, liabilities, suits or actions for personal injury or property damage resulting from the performance or non-performance of MSpace's work pursuant to this Agreement on your premises, solely to the extent caused by the negligence of MSpace, its subcontractors, its employees, or anyone for whose acts they are legally liable, provided that (a) You promptly notify MSpace in writing of the claim, (b) MSpace has sole control of the defense and all related settlement negotiations, and (c) such indemnification and save harmless obligation will be limited in the case of real or tangible property to the reduction in value or replacement cost of such property.
11. MAINTENANCE EXPIRATION AND RENEWAL This contract will expire on the date listed as the final date of the "Coverage Period". Coverage will be offered for five (5) years from date of installation on product installed and continually covered by an MSpace maintenance contract unless either party deems to amend the terms of coverage of this contract. Contract payment is due in full each year in advance of coverage effective dates and will be invoiced automatically 30 days prior to the yearly renewal date with cost increases added for each year of coverage. Renewal of monthly contracts will be automatically invoiced monthly after initial contract period. Cancellation of such coverage requires 30 day advance notice. Should coverage lapse for 90 days or less, renewal will be offered at MSpace's discretion without site certification at customer expense. Should coverage lapse for over 90 days, MSpace may require site certification at customer expense to verify system integrity prior to renewal.
12. GENERAL This Agreement may only be modified by a written agreement duly signed by authorized representatives of both parties and variance from an addition to terms and conditions of this Agreement in any order or other written notification form you submit in conjunction with an order for maintenance will be of no effect. If any term or provision of this Agreement is held invalid, illegal, or unenforceable, the legality, validity or enforceability of the remaining provisions will no in any way be affected or impaired. Either party's failure to enforce any provision of this Agreement will not be deemed a waiver of that provision or of the right to enforce it in the future. This Agreement is governed by and construed in accordance with the laws of The State of Minnesota.
THIS AGREEMENT, TOGETHER WITH A L L SPECIFIED EXHIBITS, IS THE C O M P L E T E A N D E X C L U S I V E STATEMENT OF THE A G R E E M E N T BETWEEN THE PARTIES, SUPERSEDING A L L PROPOSALS OR PRIOR AGREEMENTS OR COMMUNICATIONS, O R A L OR WRITTEN, B E T W E E N THE PARTIES RELATING TO THE SUBJECT M A T T E R OF THE A G R E E M E N T
Page 3 of 3 MSpace Platinum On-Site Maintenance Contract, 7/10/12
LABOR AGREEMENT
BETWEEN
THE COUNTY OF McLEOD
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320
Representing McLeod County Clerical Unit
Effective January 1,2012 through December 31, 2013
TABLE OF CONTENTS
ARTICLE t PURPOSE OF AGREEMENT 1 II. RECOGNITION 2 III. EMPLOYER AUTHORITY 3 IV. UNION SECURITY 4 V. NON-DISCRIMINATION 5 VI. DISCIPLINE 6 VII. GRIEVANCE PROCEDURE 7 VIII. HOLIDAYS 10 IX. VACATION 12 X. SICK LEAVE 13 XI. PARENTAL LEAVE OF ABSENCE 14 XII. HOURS OF WORK AND ATTENDANCE 15 Xni . COURT DUTY 16 XTV, INSURANCE 17 XV. MILITARY LEAVE 18 XVI. EXTENDED MILITARY LEAVE 19 XVII. PERSONAL LEAVE 20 XVIII. EDUCATION LEAVE 21 XIX. INCLEMENT WEATHER POLICY 22 X X . VOLUNTEERISM LEAVE 23 XXI. POLITICAL LEAVE 24 XXII. PERFORMANCE REVIEWS 25 XXIII. SENIORITY 26 XXIV. TERMINATION ENTITLEMENTS 27 XXV. PROBATION PERIOD 28 XXVI. OVERTIME COMPENSATION 29 XXVII. PREMIUMS AND ALLOWANCES 30 XXVIII. COMPENSATION 31 XXIX. FUNERAL LEAVE 32 X X X . MEET AND CONFER 33 XXXI. TERM OF CONTRACT 34
APPENDIX A - 2012-2013 WAGES 36
ARTICLE I. PURPOSE OF AGREEMENT
This memorandum of agreement hereinafter refen'ed to as the Agreement is entered into between the County of McLeod, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320, hereinafter called the Union. The intent and purpose of this Agreement is to:
1.1 Establish the foundation for a harmonious and effective labor/management relationship.
1.2 Express, in written form, the Agreement between the parties on hours, wages, and other conditions of employment and to specify the duration of this Agreement.
1.3 Establish orderly procedures for the resolution of disputes concerning the interpretations and/or application of the provisions set forth in 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. The parties recognize that this Agreement is not intended to modify any of the authority vested in the County of McLeod by the statutes of the State of Minnesota, except as provided by this Agreement.
1
ARTICLE H RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for all personnel in the following bargaining unit:
Al l employees of the County of McLeod, Minnesota, who are public employees, excluding the following groups of employees:
1. McLeod County Social Services Department employees.
2. Essential employees and dispatchers in the Sheriffs Department.
3. A l l employees of the McLeod County Highway Department, except office clerical employees.
4. Al l professional, supervisory, and confidential employees.
2
ARTICLE III, EMPLOYER AUTHORITY
3.1 It is recognized by both parties that, except as expressly stated herein, the Employer shall retain whatever right and authority necessary for it to operate, but not limited to, the right to direct the working forces; to plan, direct and control all the operations and services of the departments; to determine the method, means, organization, and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made, purchased or contracted out for, to hire, promote, or relieve employees; to demote, suspend, discipline or discharge for just cause; to make and enforce rules and regulations which are not in conflict with this Agreement; and to change or eliminate existing methods, equipment, or facilities. It is also recognized by both patties that the Employer shall retain the authority and prerogatives to:
A. Operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities, and to establish its work rules as to not conflict with the provisions contained in this Agreement, The prerogatives or authority which the Employer has not officially abridged, delegated, or modified by the Agreement are retained by the Employer,
B. Maintain the efficiency of the government operations, and
C. Take what ever acts may be necessary to carry out the missions of the Employer in emergencies.
3.2 The Employer retains all rights and privileges not specifically addressed or modified by this Agreement.
3.3 The Employer agrees to apply the terms of this Agreement to all members of the unit fairly and without discrimination.
3
ARTICLE IV. UNION SECURITY
4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly union dues. Such monies shall be remitted directly to the Union. Dues shall be deducted equally from the two pay checks in the month and shall be forwarded to the Union before the tenth day of each month.
4.2 The Union may designate three employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice and any future changes in the positions of steward.
4.3 Stewards shall be permitted reasonable time to perfonn and discharge the duties which are properly assigned to them under the terms of this Agreement. The stewards shall be pennitted reasonable time to process grievances witliout loss of time or pay during regular work hours, however, permission to leave a work station for union business will be limited to the investigation and presentation of grievances to the Employer. The number of stewards on paid time to investigate or present a grievance shall be limited to the number of Employer representatives to be met with at any one time or shall be limited to two for multi-departmental issues.
4.4 The Employer shall make space available on a bulletin board for posting of Union notices and announcements.
4.5 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this article.
4.6 Number on Negotiating Team -
The Union shall be allowed to have a negotiating team entitled to act in negotiations with management for a total of 40 hours prior to commencement of mediation and an additional 40 hours after commencement of mediation. Additional hours shall be unpaid. Al l hours spent in excess of the agreed upon amount shall be paid by the Union 30 days after receipt of an invoice from the Employer.
4
ARTICLE V. NON-DISCRIMINATION
5.1 The Employer and the Union agree that there shall be no discrimination against any employee because of union membership or non-membership nor because of age, color, creed, handicap, national origin, parental or marital status, political belief, race, religion, sexual, or affectional preference, sex, receipt of public assistance or social services, or because of previous emotional or mental disturbance or disability. Sexual harassment shall be considered discrimination under this article.
5
ARTICLE VI. DISCIPLINE
6.1 Employees shall be disciplined or discharged only for just cause. The Employer recognizes the value of corrective progressive discipline. Disciplinary action measures shall include the following: 1) oral reprimand, 2) written reprimand, 3) suspension, 4) demotion, 5) discharge. Any written reprimand, suspension, demotion, or discharge shall be in written form and be acknowledged by the employee's signature.
6.2 Employees shall have the right to a representative of the Union present when investigation for potential disciplinary action takes place.
6 3 A written record of all disciplinary action other than oral reprimand shall be made available to the employee upon request. All disciplinary records shall state the corrective action expected of the employee. Each employee shall receive a copy of evaluations and disciplinary actions. All written records of disciplinary action shall be removed from the employee's personnel file after a period of ten years if there has not been a reoccurrence of the same or similar offense within that time.
6 4 Discharge - The Employer shall not discharge any permanent employee without just cause. If in any case the employer feels there is just cause for discharge, the employee involved will be suspended without pay for five work days prior to termination. The employee and his or her steward shall be notified in writing that the employee has been suspended and is subject to discharge.
6
ARTICLE VII. GRIEVANCE PROCEDURE
7.1 A grievance shall be defined as a dispute or disagreement between the Employer and an employee regarding the interpretation or application of a specific term of this Agreement.
7.2 The employer will recognize representatives designated by the Union as the giievance representative of the bargaining unit, having the duties and responsibihties established by this article.
7.3 The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without loss in pay when a giievance is investigated and presented to the Employer during normal working hours.
7.4 Grievances shall be resolved in conformance with the following procedure.
STEP 1: An employee claiming a violation concerning the interpretation or application of this Agreement shall, within ten (10) working days after such alleged violation has occurred, present such grievance to the employee's immediate supervisor. The supervisor will discuss and give an answer to such Step 1 giievance within ten (10) working days after receipt.
STEP 2: The steward, with or without the employee, shall take up the grievance within ten (10) working days, if not resolved in Step 1, with the employee's supervisor. The supervisor shall attempt to adjust the matter and shall respond to the steward within ten (10) working days.
STEP 3; If the giievance is not settled in Step 2, it shall be presented in writing within ten (10) days to the Department Head. The Department Head shall submit a written decision to the Union within ten (10) working days.
STEP 4; If the grievance is not settled in Step 3, the grievance shall be presented in writing to the County Board at its next regular meeting or the County Board's Designee within ten (10) working days. The Board or Designee will respond in writing to the Union within ten (10) working days.
STEP 5: If the grievance procedure is not resolved at Step 4 of the giievance procedure, the parties, by mutual agreement may submit the matter to mediation with Bureau of Mediation Services. Submitting the grievance to mediation preserves the timelines for Step 6 below. Any grievance not appealed in writing by the Union within ten (10) calendar days of mediation shall be considered waived.
STEP 6: If the giievance is still unsettled, either party may, within ten (10) working days after the reply of Step 4, or Step 5 if applicable, by written notice to the other, request arbitration.
7
7.5 The arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within ten (10) days after notice has been given. If the parties fail to select an arbitrator, the State Mediation Seivice shall be requested by either party or both parties to provide a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator.
Expenses of the arbitrator's services and proceedings shall be borne by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses, i f witnesses are called by the respective party. 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 and makes copies available without charge to the other party and to the arbitrator.
7.6 The arbitrator shall consider and decide only the specific issues submitted to Mm/her by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted by him/her. 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 of law. The decision of the arbitrator shall be final and binding on all parties. No arbitrator shall have the right or power to add to, delete from, or modify any of the terms and provisions of this Agreement. The arbitrator shall be requested to issue his/her decision within 30 calendar days after the conclusion of the testimony and argument.
7.7 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 upon 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 employee shall elect to treat the grievance as denied and may 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 representatives involved at each step. (The term "days" shall be defined as "working days" for the purposes of this Article and shall include Monday through Friday, excluding holidays).
7.8 If, as a result of the written Employer's 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 6, or a procedure such as: veterans preference or human rights. If appealed to a procedure other than Step 6, the giievance is not subject to the arbitration procedure as provided in Step 6. The aggrieved employee shall indicate in writing which procedure is selected, 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 6. Except with respect to statutes under the jurisdiction of the United States Equal
8
Employment Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. If a court of competent jurisdiction rules contrary to Board of Governors or if Board of Governors is judicially or legislatively overruled, the italicized portion of this section shall be deleted.
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ARTICLE VIII. HOLIDAYS
8.1 Holidays shall be as follows:
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
4th Friday in November
December 25 th
One eight hour day of the present calendar year to be taken by the last day of the last full payroll of the calendar year on a date determined by the employee with the approval of the Office Head.
8.2 When New Year's Day, January 1st; or Independence Day, July 4th; or Veteran's Day, November 11; or Christmas Day, December 25th; falls on Sunday, the following day shall be a holiday and when the aforementioned holidays fall on Saturday, the preceding day shall be a holiday.
8.3 Permanent full-time employees are eligible for holidays.
8.4 Permanent part-time employees shall receive holiday pay on a pro-rated basis (i.e., a part-time employee working 28 hours per week will receive 5.6 hours of holiday pay for the holiday). Holidays will be paid in the pay period in which they occur. Part-time employees will also receive one pro-rated floating holiday.
8.5 Emergency and temporary employees are not eligible for holiday pay.
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday After Thanksgiving (in lieu of Columbus Day)
Christmas Day
Floating Holiday
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8.6 The legal holidays included in this article may be changed at any time by the Legislature for the State of Minnesota, and in the event of such a change by the legislature, the provisions of the law, thereby enacted, shall preempt the above provision contained in the Article.
8.7 In order to be eligible for the floating holiday, an employee must be employed on or before July 1 of the year in question.
8.8 An employee who begins work the day following a paid hohday will not be eligible for holiday pay and an employee who terminates the day before a paid holiday shall be paid only through the last work day.
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ARTICLE IX. VACATION
9.1 Regular full-time and part-time employees shall be entitled to vacation benefits. Part-time employees shall be entitled to vacation benefits on a prorated monthly basis.
9.2 No employee shall be permitted to waive vacation for the purpose of receiving double pay. When an employee is not working because of illness or injury and has exhausted sick leave, the employee may, at the discretion of the Department Head, be permitted to draw the employee's vacation pay in lieu of sick leave.
9.3 Vacation shall be earned based on the following schedule:
Length of Employment Hours Per Month Hours Per Year Days Per Year
I Month-5 Years 8 96 12 6Years-10Years 10 120 15 II Years-15 Years 12 144 18 16 Years & Beyond 14.66 176 22
9.4 The maximum number of accumulated vacation hours for a permanent mil-time and part-time employee shall not exceed 240 hours.
9.5 No vacation can be taken for the first six months while on probation. Employees, after having satisfactorily completed six months of probation, are eligible to take accumulated earned vacation anytime thereafter with the approval of the Department Head.
9.6 Al l vacation shall be approved by the employee's Department Head or designee.
9.7 If a permanent full-time employee becomes ill or disabled while on vacation, the Department Head should be notified and the employee's vacation shall be changed to sick leave, for the period of the illness or disability. The Department Head may require a doctor's statement showing the illness or disability.
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ARTICLE X, SICK LEAVE
10.1 Permanent full-time and part-time employees shall be entitled to sick leave for illness or injury. Part-time employees shall be entitled to sick leave on a pro-rated basis. A Department Head or designee may authorize sick leave for the following reasons:
A. Personal illness, injury, or pregnancy
B. Medical, dental, optical, or other health care appointments
C. Illness of an immediate family member (Immediate family shall be limited to spouse, dependent children, stepchildren, guardian, parent or mother-in-law and father-in-law).
10.2 The Department Head may require a doctor's statement documenting the illness and may require an independent examination.
10.3 Employees shall inform the Department Head or designee of sick leave by telephone or in writing before 9:00 a.m. of any work day. Employees and probationaiy employees shall accrae sick leave at a rate of one working day for each month of service. Sick leave may accumulate to a maximum of 960 hours.
10.4 Employees who have reached a maximum of 960 hours sick leave will be paid in January of each year for hours in excess of 960 at the straight time pay rate for the final payroll of the prior year (12/19/07), In lieu of compensation an employee may choose to bank an additional 160 hours to a maximum of 1120 hours. (If banked for this purpose, these hours shall not be compensated.) Employees hired on or after July 14, 1997 will not be eligible to cash in sick leave as provided above.
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ARTICLE XL PARENTAL LEAVE OF ABSENCE
11.1 Employee, following childbirth or upon receiving a child for adoption, shall be entitled to a minimum leave of absence of six weeks without pay. An employee may, with the pel-mission of the Department Head, be granted a six month leave of absence for childbirth or upon receiving a child for adoption.
11.2 The employee shall provide the Department Head with at least 30 days notice of any request for parental leave and the Department Head shall determine the length of parental leave, taking into consideration individual duties, efficiency, health and welfare of the employee or child, and other relevant criteria.
11.3 Following childbirth or upon receiving the child when adopting and upon providing the Department Head with at least two weeks advance notice of intent to return, an employee shall be reinstated to their original job or to a position of like status and pay. The Department Head may require the employee produce medical certification that he/she is fit to work before returning to the job. (Vacation and sick leave benefits will not accrue during unpaid parental leave.)
11.4 Health and life insurance will be continued during a leave of absence of 30 days or less with the employee being responsible for the same percentage of premium as prior to the leave of absence. Health and life insurance will be continued at the employee's expense during a leave of absence of more than 30 days.
11.5 In conjunction with the above provisions, an employee who has been employed for at least one (1) year and has worked a minimum of 1,250 hours within the previous 12 months, shall be eligible for a leave of absence pursuant to the McLeod County Family and Medical Leave Act Policy (FMLA). FMLA shall be granted concurrent with the leave provisions of this article.
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ARTICLE XII. HOURS OF WORK AND ATTENDANCE
12.1 It is the policy of McLeod County that full-time employees be regularly scheduled to work 40 hours per week. A work week shall be five days measured from Sunday through the following Saturday. A normal work day shall be eight hours starting at 8:00 a.m. and ending at 4:30 p.m. for the convenience of the public and for the efficiency of operations. Department Heads may change the daily hours, provided a 40 hour work week is maintained.
Hows spent in traveling to and from workshops, conferences, training sessions, or other work related Department Head approved activities shall be considered as hours worked and shall be included for overtime under Article XXVI.
12.2 Attendance -
Assignment of scheduled working hours shall be made by the employee's Department Head or supervisor. Employees are to be present at work during all regularly scheduled hours unless arrangements in accordance with leave policies have been made, Unexcused absence and tardiness shall be reasons for disciplinary action.
12.3 Lunch Periods -
Any employee working a shift of at least six continuous hours shall be entitled to a lunch period each clay. Employees working from 8:00 a.m. to 4:30 p.m. shall be entitled to a one-half hour lunch period. Lunch periods are not a compensated part of the work shift and employees shall not be compensated in money or time off for refusing to take a scheduled lunch period. Lunch periods shall be scheduled by a Department Head or supervisor to ensure services throughout the work day.
12.4 Rest Periods-
An employee is entitled to a 15 minute rest period during each four hour period of work. Rest periods are part of the paid work shift. An employee shall not be compensated any additional money or time off for refusing to take a scheduled rest period. Rest periods shall be scheduled by the Department Head or supervisor.
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ARTICLE XIII. COURT DUTY
13.1 Employees subpoenaed as a witness for County related business or called and selected for jury duty shall receive their regulai- compensation and other benefits for such duty. Payment received for jury duty shall be remitted to the County. Expense reimbursement maybe kept by the employee.
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ARTICLE XIV. INSURANCE
14.1 Employee Health Insurance -
Tire Employer agrees to provide all permanent employees at 30 or more hours per week with a hospital, medical and surgical benefit plan. Effective January 1, 2012, the Employer contribution for single coverage shall be $667.50 per month and effective January 1, 2013 the Employer contribution for single coverage shall be $677.50 per month. Effective for 2013 only, participants in the County's HSA plan with single coverage will receive a one time contribution to the HSA of $500.
14.2 Dependent Health Insurance -
Permanent employees at 30 or more hours per week shall have the option of insuring their dependents in a hospital, medical and surgical benefit plan. Effective January 1, 2012 the Employer will contribute $807.50 per month for the cost of family coverage for permanent employees and effective January 1, 2013 the Employer will contribute $867.50 per month for the cost of family coverage for permanent employees. Any additional cost for single or family coverage shall be paid by the employee through payroll deduction. Effective for 2013 only, participants in the County's HSA plan with family coverage will receive a one time contribution to the HSA of $1,500.
14.3 Life Insurance -
McLeod County will purchase $17,000 of life insurance for all permanent employees at 30 or more hours per week. Permanent employees at 30 or more hours per week may purchase extra personal and family coverage through the County at their expense.
14.4 Other-
If dental insurance is provided to other employees in this county, then the employees in this unit shall receive dental insurance at the same premium cost as provided to other employees in this county.
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ARTICLE XV. MILITARY LEAVE
15.1 An individual who is a member of a military reserve force of the United States or a State shall be granted a paid leave of absence not to exceed fifteen days for such activity provided the individual is in the status of a paid employee when the leave commenced as provided by M.S. 192.26.
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ARTICLE XVI. EXTENDED MILITARY LEAVE
16.1 Any employee who enters into full-time active service in Hie Aimed Forces of the United States while in the service of McLeod County shall be granted an unpaid leave of absence not to exceed four years and reinstatement to a comparable position within ten days of discharge from active duty.
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ARTICLE XVII. PERSONAL LEAVE
17.1 The Department Head may, with the concurrence of the County Board, approve the absence of an employee without pay for up to 30 calendar days for justifiable reasons. Any absence of more than 30 days, and less than one year, shall be approved by the County Board in advance. Where appropriate, the County Board will gi'ant an official leave of absence in order to preserve the employee's status as a public employee and his/her benefit rights under applicable retirement programs. The employee shall not accrue vacation benefits or sick leave during personal leave.
17.2 Health and Life insurance will be continued during a personal leave of absence of 3 0 days or less with the employee being responsible for the same percentage of the premium costs as prior to the personal leave. Health and life insurance will be continued at the employee's expense during a personal leave of absence of more than 30 days.
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ARTICLE XVIII. EDUCATION LEAVE
18.1 It is the pohcy of the McLeod County Board that education leave without pay may be granted for a period not to exceed two years to any employee enrolled in a graduate school for classes legally required for the performance of the employee's job. Any employee granted an educational leave may also, at the option of the County Board, be deemed to accrue eligibility for incentive increments and may be granted salary increases at the time such increases would be received if he/she had continued in regular employment with the Department.
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ARTICLE XIX. INCLEMENT WEATHER POLICY
19.1 It is the policy of the McLeod County Board that the County recognizes that the safety of County employees is of primary concern, hi the event of inclement weather conditions a Department Head may dismiss employees early when requested by the employee. This time must be taken as vacation or made up within the 40 hour work week if approved by department head or designee.
19.2 When a weather emergency exists, the County Board, or its designees, may, upon the recommendation of the County Sheriff, choose to close the Courthouse. Unless determined otherwise by the Board, this time does not have to be taken as vacation or made up as it is a necessary decision to insure the safety of all County employees, full-time, part-time, seasonal, and temporary.
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ARTICLE X X . VOLUNTEEPJSM LEAVE
20.1 It is the policy of the McLeod County Board that volunteer service to the local fire department is allowed with no loss in pay after approval from the employee's immediate supervisor. The employee is allowed to respond to an emergency fire call and is expected to return to work when the emergency is over. The employee will be paid by the County for the normal work hours of the day. No overtime will be authorized. Any additional volunteer work must be done after regular working hours or approved as vacation time.
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ARTICLE XXL POLITICAL LEAVE
21.1 In order to avoid potential conflicts of interest or when a conflict of interest exists, employees who become candidates for McLeod County elected offices are encouraged to take an unpaid leave of absence during the period he/she is a candidate. If it is determined that a conflict of interest exists, the County Board may require that an unpaid leave of absence be taken from the date of filing until the employee is no longer a candidate for office. The following are examples of potential conflicts of interest:
1. If an employee runs against his/her supervisor
2. If a Department Head runs against a County Board member
The County Board reserves the exclusive right to determine if, and when, a conflict of interest exists for each individual case.
21.2 If a leave of absence is required, accumulated vacation and/or accumulated compensatory time may be used during the period of time an employee is a candidate for office.
21.3 Health and life insurance may be continued during the leave of absence with the employee being responsible for the premium cost.
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ARTICLE XXII. PERFORMANCE REVIEWS
22.1 Perfomaance reviews shall he conducted by Department Heads of all employee's performance, and the employee shall have an opportunity to discuss performance with the Department Head or supervisor. During an employee's performance review, it will be the individual's total performance as related to stated responsibilities of their positions that will be evaluated. The performance review is intended to infomi the employee of their level of performance and to stimulate improved performance and personal development on the part of each employee, and to determine how the employee views responsibilities and communicate with the Department Head or supervisor. Performance reviews will be conducted at least annually.
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ARTICLE XXIII. SENIORITY
23.1 Employees shall be laid off and return to service according to their length of service providing, however, that such employee qualifies for the particular job for which that employee may be employed. Provided further that such employee shall not establish seniority rights until employee has been employed six months and then shall be placed on the seniority list as of the first day of employment. An employee's seniority shall be broken by voluntary resignation, discharge for just cause, or retirement.
23.2 In the case of promotions, employees shall serve a six month period of probation, which may be extended to one year if the employee is notified of said extension during the initial six month probationary period, during which time the employee may return to the previously held position.
23.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within one year of the time of layoff before any new employee is hired. Recalled employees shall have ten working days after notification of recall was mailed by registered mail to the employee's last known address to report to work or forfeit all recall rights.
23.4 Any vacancy will be posted in the Courthouse and all buildings where employees report. Such notice of vacancy shall be posted for at least five work days prior to filling.
23.5 Each January, the Employer shall post a seniority list showing the seniority of each employee in the bargaining unit. A copy of the seniority list shall be furnished to the Union when it is posted. Employees shall have ten working days after the posting of the seniority list to request collections in the list. If a change is not requested within ten working days of posting, the list shall remain as published for the next twelve month period. Should a tie in seniority exist, the employee whose social security number is higher, based on the last four digits, shall be said to have the greater seniority.
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ARTICLE XXIV. TERMINATION ENTITLEMENTS
24.1 Vacation and Sick Leave -
Accrued vacation, up to the amount of time eligible to be earned during the previous year and 55% of unused sick days to a maximum of 960 hours, shall be paid to permanent full-time employees; permanent part time employees shall receive only accrued vacation, up to the amount of time eligible to be earned during the previous year and shall not be eligible to receive accrued sick leave. Employees hired on or after July 14, 1997 will not be eligible for the severance benefits set forth above. The above termination entitlements shall be paid only in the following instances:
A. When resigning with proper notice
B. When laid off
C. When retiring
D. Upon death of an employee
24.2 Health and Life Insurance -
The employer shall pay the usual employer conhibution for eligible employee health coverage through the last day of the calendar month of the effective date of termination. Eligible employees have the option to continue coverage by maldng advance premium payments to the Auditor's Office for the desired coverage for a maximum of 18 months thereafter. Employees must work 50% of the month to receive the full Employer conhibution toward health insurance.
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ARTICLE X X V , PROBATION PERIOD
25.1 Al l new employees shall be subject to a six month probationary period. Probationary employees may be dismissed by the Department Head without cause during their probation period. Such a dismissal shall not be subject to grievance procedures. If the dismissed employee feels that their equal opportunity rights have been violated, the employee may appeal the dismissal to the County Board. A Department Head may, with the consent of the County Board, extend a probationary employee's period of probation, but such probationary period shall not exceed a total of one year. Once the probationary period is completed, the probationary employee shall automatically attain permanent employee status.
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ARTICLE XXVI . OVERTIME COMPENSATION
26.1 Al l non-exempt employees shall be eligible for overtime compensation at a rate of one and one-half times the normal rate for work in excess of 40 hours per week, In lieu of salary, non-exempt employees may choose to accrue compensatoiy time at a rate of one and one-half times, but not to exceed 30 hours and shall not be compensated as severance pay. Al l overtime shall have prior approval by the Department Head or per established departmental policy and the use of compensatory time shall be scheduled through the Department Head. Exempt employees shall be entitled to compensatoiy time at straight time and Department Heads must approve all overtime. Al l compensatory time shall be used within a three month period.
26.2 Employees shall be paid overtime rates for any work performed over eight (8) hours in one working day or forty (40) hours in one work week.
26.3 If the Department Head selects to establish a work day of ten (10) hours rather than the standard eight (8) hour work day and if the work week therefore becomes four (4) ten (10) hour days rather than five (5) eight (8) hour days, employees shall receive overtime compensation for hours worked in excess of ten (10) hours per day and/or forty (40) hours per week.
26.4 When work days last ten hours and the work week includes a holiday, employees shall work thirty-two hours on a schedule approved by the Department Head. The thirty-two hour schedule shall be worked at standard hourly rates and may include days in excess of ten hours. In these weeks only, overtime compensation shall be paid for hours worked in excess of thirty-two hours per week.
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ARTICLE XXVII. PREMIUMS AND ALLOWANCES
27.1 Mileage -
Mileage shall be paid at the rate established by the County Board to all employees driving personal vehicles for work-related activities other than driving from and to their home to their initial work site(s). Employees are encouraged to use County vehicles when practical,
27.2 Meal Allowance -
Meal allowances shall be provided consistent with job requirements and shall not exceed $26.00 per day. Receipts must accompany all reimbursement requests exceeding $5,00.
27.3 Uniform Allowance -
Solid Waste and Building Maintenance employees who are required to wear steel toed safety shoes will be reimbursed once per year up to $150 for the purchase of such boots. In the event an employee's boots are destroyed in the normal course of an employee's work, such employee will be eligible for additional annual reimbursement of the purchase of safety shoes upon approval by the County Board.
Solid Waste and Building Maintenance employees shall be provided an initial issue of five designated shirts by the County and every other year thereafter five additional shirts.
27.4 Off-Duty Work Assignments -
Employees shall receive a minimum of two hours compensation when called back to work. Employees shall receive a minimum of one hour compensation when performing work at home. Al l work done at home must be preapproved by the employee's Department Head prior to being eligible for compensation, including the receipt of telephone calls.
27.5 On-call pay -
Building Maintenance employees assigned to be on-call for a designated weekend (4:30 p.m. Friday to 7:00 a.m. Monday) will be compensated in the amount of $60.00 on-call for the weekend.
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ARTICLE XXVIII. COMPENSATION
28.1 Effective for 2012-2013, salary range consisting of a minimum and a maximum set forth in Appendix A will continue to reflect the range for 2011 and there shall be no general wage increase. See Appendix A for 2012-2013 range movement.
The Employer may elect to hire new employees in a classification within the salary range.
28.2 Reclassification or Grade Change - Effective January 1, 1996, any individual affected by a grade change will be placed on the nearest step up in the new grade level. If, as a result of reclassification, an employee's grade is decreased, the employee's salary shall be frozen and shall not be eligible for a step increase until their salary falls within the range established for the new grade. The employee shall, however, receive percentage increases as negotiated in this contract.
28.3 Compensation - Any employee promoted to a new job class will be placed at the minimum of the new range or 3.0% higher than the employee's cuirent salary, whichever is greater,
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ARTICLE XXIX. FUNERAL LEAVE
29.1 Funeral leave up to a maximum of three (3) days exclusive of sick leave or vacation leave without loss of pay shall he allowed an employee in the event of the death of the employee's immediate family and up to 8 hours may he used annually for pallbearer purposes.
29.2 For purposes of this section, "immediate family" is defined as "spouse, children, wards of the employee, brothers, sisters, parents, grandparents, grandchildren of either the employee or spouse."
29.3 Each request shall be considered individually by the County and circumstances such as travel time involved, responsibility of the employee for funeral arrangements or administration of the estate will be considered.
29.4 Any additional time off for funerals may be taken as vacation time, sick leave, comp time or time without pay.
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ARTICLE X X X . MEET AND CONFER
The County and Union agree to meet and confer regarding items of concern (non-negotiahle subjects) brought forth by the Union and the County.
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ARTICLE XXXI. TERM OF CONTRACT
This Agreement shall be effective January 1, 2012 througli December 31,2013.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement, the day of , 2012.
COUNTY OF MCLEOD
By: Board Chair
By:
By:
By:
By:
By:
Commissioner
Commissioner
Commissioner
Commissioner
County Administrator
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320
By: Its: B/W i^U
n By: < V . . n \^u>
Its: 4 t e u i J ^ - ,1
'e&C{
34
Approved as to form and execution
this day of , 2012.
McLeod County Attorney
APPENDIX A
2012-2013 McLeod County Clerical Unit Pay Plan - (Hourly Employees)
2012 $.30 per hour range movement for employees not at the top of the range. Employees maximum of the range shall receive a $.30 per hour equivalent in a lump sum payment.
2013 $.40 per hour range movement for employees not at the top of the range. Employees maximum of the range shall receive a $.40 per hour equivalent in a lump sum payment.
36
RESOLUTION 12-RB11-29 For MnDOT Agreement 00732
SP 43-00115 Railroad Crossing Signals & Gates on County State Aid Highway 25 BE IT RESOLVED, that McLeod County enter into an agreement with the Twin Cities & Western Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of County State Aid Highway 25 (5th Avenue North), with the tracks of the Twin Cities & Western Railroad Company in Brownton, Minnesota, and appointing the Commissioner of Transportation agent for the County to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. The County's share of the cost shall be 10 percent of the total signal cost. BE IT FURTHER RESOLVED, that the County Board Chair and County Administrator be and they are hereby authorized to execute said agreement and any amendments thereto for and on behalf of the County.
Adopted this 18th day of September, 2012 __________________________
McLeod County Board Chair
CERTIFICATION I do hereby certify that the foregoing resolution is a true and correct copy of a resolution presented and adopted by the McLeod County Board of Commissioners at a duly authorized meeting thereof, on the 18 th day of September, 2012.
Trane U.S. Inc. dba Trane 775 Vandalia Street SAINT PAUL, MN 55114 Phone: (651) 468-2700 Fax: (651) 468-2720 September 8, 2011 Jon Brunkhorst Building Manager Hats Office Building 1400 Adams Street HUTCHINSON, MN 55350 U.S.A.
Site Address: HATS Office Building 1400 Adams Street HUTCHINSON, MN 55350 United States
Attention: Jon Brunkhorst
Project Name: HATS RTU Upgrades
Furnish and Install Cottonwood Screens Cottonwood Screens are an engineered intake air filtering system that can help reduce both your energy and operational costs associated with operating your Trane chillers. Each Cottonwood screen is custom fitted and comes in Standard, Heavy, and Industrial material grades to match your application. Some of the typical benefits would include:
• Prevents the coils from clogging with debris • Helps reduce routine maintenance • Helps reduce energy consumption- equipment runs for shorter period of time to reach set point. • Helps prevent compressor failure caused by dirty coils.
• Clean the evaporator coil with cleaning solution • Furnish and install cottonwood screens • Furnish and install Dynamic Air Cleaners • Program Trane Control system to monitor pressure differential across the filter bank to indicate when
Dynamic filter media should be changed • Add CO2 sensors and programming to regulate outdoor air based upon occupancy
Total Price: $12,357.00 ADP Discount for up Onetime pre payment $300.00
Clarifications
1. Applicable taxes are not included and will be added to the invoice. 2. Any service not listed is not included. 3. Work will be performed during normal Trane business hours. 4. This proposal is valid for 30 days from September 8, 2011.
I appreciate the opportunity to earn your business, and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. Sincerely,
Charlie Holt Account Manager Cell: (612) 366-3218 This agreement is subject to Customer’s acceptance of the attached Trane Terms and Conditions – Quoted Service. CUSTOMER ACCEPTANCE ___________________________________________ Authorized Representative ___________________________________________ Printed Name Title _______________________________________ Purchase Order ______________________________ Acceptance Date _____________________________ Trane License Number:
TERMS AND CONDITIONS – QUOTED SERVICE “Company” shall mean Trane U.S. Inc. dba Trane. 1. Acceptance. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the services (the “Services”) on equipment listed in the Proposal (the “Covered Equipment”). The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer’s order is an acceptance of the Proposal, without the addition of any other terms and conditions of sale or any other modification, this document shall be treated solely as an acknowledgment of such order. If Customer’s order is expressly conditioned upon the Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with these terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counter-offer to provide Services in accordance with scope and terms and conditions of the original Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company’s counter-offer will be deemed accepted. Customer’s acceptance of goods and/or Services by Company will in any event constitute an acceptance by Customer of these terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Services rendered by Company to the date of cancellation. 2. Services Fees and Taxes. Fees for the Services (the “Service Fee(s)”) shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company’s normal business hours and any after-hours services shall be billed separately according to then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due. 3. Payment. Payment is due upon receipt of Company’s invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 4. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice declaring termination, upon which event Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (1) Any failure by Customer to pay amounts when; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. 5. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Unless otherwise agreed to by Customer and Company, at Customer’s expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA or state industrial safety regulations. 6. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be liable for, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement (“Pre-Existing Conditions”) including, without limitation, damages, losses, or expenses involving a Pre-Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 7. Warranty. Company warrants that: (a) the material manufactured by Company and furnished hereunder is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Warranty period. Defects must be reported to Company within the Warranty period. Company’s obligation under the Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Additional terms and conditions of warranty coverage are applicable for refrigeration equipment. Some components of Company equipment may be warranted directly from the component supplier, in which event this Company Warranty shall not apply to those components but shall be pursuant to the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. UNLESS EXPRESSLY WARRANTED IN WRITING FOR CERTAIN HUSSMANN BRANDED EQUIPMENT, COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. Indemnity. Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party Company, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 9. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS), OR PUNITIVE DAMAGES WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS. Should Company nevertheless be found liable for any damages they shall be
limited to the purchase price of the Services for one location over a 12 month term. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. 10. Asbestos and Hazardous Materials. Company’s services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, “Hazardous Materials”). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the services only when the affected area has been rendered harmless. 11. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits In the event Company agrees to name Customer or others as an additional insured, Company will do so but only under its primary Commercial General Liability policies to the extent of the indemnity obligation assumed herein. In no event does Company waive its right of subrogation. 12. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 13. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. Except as provided for Service Fee adjustments, this Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. 14. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c.11 and applicable Provincial Human Rights Codes and employment law in Canada. 15. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement.
1-10.48 (0610) Supersedes 1-10.48 (1209)
Safety
Trane’s Safety Standard Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention.
Proven Safety Success Trane’s safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates.
Trane Injury Rates v. Industry Competitors Since 2003 the US Bureau of Labor Statistics records reflect Trane’s Total Recordable Rate (TRIR) and Days away from work (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane’s safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane’s incident (OSHA) rates are consistently 50-70% below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement.
Safety Tools, Training & Expertise Trane’s service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety training, equipment, tools, procedures, and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: � Safety Training – 20 hrs per year, including classroom and web-based platforms.
-Topics include, but are not limited to, Lockout/Tagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industrial Truck operation, Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid / CPR.
� Electrical Safety – NFPA 70E compliant – electrical PPE; flame-resistant clothing; training. � Fall Protection – full complement of fall arrest and fall restraint equipment for each technician. � Ergonomics – custom-designed for HVAC field technicians, includes training, material handling equipment
and procedures.
Safety Tools, Training & Expertise (continued) � Smith System Safe Driving Program – Trane’s safety Managers are certified instructors; safety Managers
train technicians; 1-800 “How’s My Driving?” stickers are located on the back of service vehicles. � USDOT compliance – technicians scheduled within Material of Trade and Hours of Service limits and are fully
qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 lbs.
� Refrigerant Management – Service technicians are trained to manage refrigerant in accordance with U.S. EPA rules using a sophisticated electronic tracking system developed by Trane.
� Empowerment - Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely, the technician is required to ask a qualified person for assistance before proceeding with work.
Management Leadership and Commitment Accident prevention is a primary responsibility of management at Trane. Trane’s safety culture is based on the following management principles: � Leadership at the local level manages the local organization’s safety performance. � Management is financially accountable for safety performance. � Local management is actively engaged in risk reduction activities and training and manages safety
performance outcomes. � Management clearly communicates to all Trane employees their safety expectations and strongly enforces
compliance with those expectations. � Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: � The Safety Management System developed by Trane – developed in accordance with OHSAS 18001. � Audits and Inspections – Supervisors, Middle and Upper Managers must conduct field inspections. Corporate
Safety conducts detailed compliance and management systems audits. � Company safety compliance programs – ensure that they are fully implemented. � Safety and environmental performance – tracked using a Balanced Scorecard with leading and lagging
indicators and metrics. � Subcontractor Qualification – implement this process to promote safety and safety plan compliance on
multi-employer job sites. � Six Sigma and Lean – use these productivity tools to enhance safety on job sites. � Drug and Alcohol Policy – mandatory DOT required for-cause and post-accident testing after recordable
injuries and property damage. � Motor Vehicle Records Search – annual checking of driving records of employees driving company vehicles.
Jobsite Safety Equals Customer Value At Trane safety is part of our culture for every employee. What this means to our customers is fewer job site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizations in the world. Tighter safety standards and fewer accidents can also lead to better on-time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your building systems you will take full advantage of our superior safety program, low incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record.
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FY 2013 STATE OF MINNESOTA
BOARD OF WATER AND SOIL RESOURCES NATURAL RESOURCES BLOCK GRANT AGREEMENT Vendor: 0000197362 PO#: 3000002177 VN#: Date Paid:
LINE AMOUNT ACCOUNT FUND FIN DEPT ID APPROP ID FY Description
For BWSR Use Only This grant agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and MCLEOD COUNTY, 2391 Hennepin Avenue N, Glencoe 55336 (Grantee). This grant agreement is for the following NRBG Programs:
Comprehensive Local Water Management Base Grant $ 12,642 Wetland Conservation Act Base Grant $ 16,447 DNR Shoreland Management Base Grant $ 2,988 MPCA County Feedlot Base Grant $ 31,791 MPCA/BWSR SSTS Base Grant $ 18,941 The MPCA SSTS Upgrade Fund Grant $ 20,902 Grant Agreement Total $ 103,711
Recitals 1. The 2011 Legislature in Laws of Minnesota 2011, 1st Special Session, Chapter 2, Article 1, Sec. 5, appropriated funds for the Natural
Resources Block Grants (NRBG), to assist with the implementation of Comprehensive Local Water Plans (LWM), the Wetland Conservation Act (WCA), and Shoreland Programs; and in Sec. 3, Subd. 2, Subsurface Sewage Treatment Systems (SSTS), and County Feedlot Permit Programs.
2. The 2011 Legislature in Laws of Minnesota 2011, 1st Special Session, Chapter 6, Article 2, Sec. 7 (b), authorizes the Board to use Clean Water Funds to make grants for SSTS Base Grants.
3. The 2011 Legislature in Laws of Minnesota 2011, 1st Special Session, Chapter 6, Article 2, Sec. 5 (k), authorizes the MPCA to use Clean Water Funds to make grants for SSTS Upgrade Grants.
4. Minnesota Statutes 103B.101 subd. 9 (1), and 103B.3369, subd. 5 authorize the Board to award grants. 5. The Grantee has met the criteria established by statute, the Board, the DNR, and MPCA, and is eligible to receive NRBG grant funds. 6. The Grantee has agreed to appropriate the required local match. 7. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction
of the State. 8. As a condition of the grant, Grantee agrees to minimize administration costs.
Authorized Representative The State's Authorized Representative is David Weirens, BWSR Land & Water Section Manager, 520 Lafayette Road North, Saint Paul, MN 55155, 651-297-3432, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this grant agreement.
The Grantee’s Authorized Representative is Environmental Services Director, 830 11th St. E. Glencoe, MN 55336, (320) 864-1214. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State.
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Grant Agreement 1 Term of Grant Agreement
1.1 Effective date: September 1, 2012 or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subd.5, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State’s Authorized Representative to begin the work.
1.2 Expiration date: June 30, 2014, or until all obligations have been satisfactorily fulfilled whichever comes first. 1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this grant contract: 7. Liability; 8. State
Audits; 9. Government Data Practices; 11. Governing Law, Jurisdiction, and Venue; 15. Intellectual Property Rights.
2 Grantee’s Duties The Grantee is responsible for the specific duties for the NRBG, as follows: 2.1 Match: The Grantee’s participation in the NRBG is conditioned upon Grantee expenditure to match the NRBG as required by
the Board. The Grantee’s Program Allocation and Contribution Plan is incorporated into this Agreement by reference with the purchase order.
2.2 Reporting: All data and information provided in a Grantee’s report shall be considered public.
2.2.1 The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board.
2.2.2 Display on its website the previous calendar year’s detailed information on the expenditure of grant funds and measurable outcomes as a result of the expenditure of funds according to the format specified by the BWSR, by March 15 of each year.
2.2.3 The Grantee will submit a final progress report to the Board by August 1 of 2014. Information provided must conform to the requirements and formats set by the Board. A late or incomplete final report will result in the withholding of any future NRBG executions.
2.3 Compliance: The Grantee will comply with Minnesota Statutes Section 103B.3361 through 103B.3369 (LWP), Minnesota Rules Chapter 8420 (WCA); Minnesota Statutes Section 103F.201 and Minnesota Rules Chapter 6120 (Shoreland); and Minnesota Rules Chapter 7020 (Feedlot); Minnesota Rules Chapter 7082.0040 through 7082.0700 (SSTS); and amendments thereto, for Comprehensive Water Planning, Wetland Conservation Act, Shoreland Management, Subsurface Sewage Treatment Systems, and County Feedlot Programs.
2.4 Wetland Conservation Act Funds Transfer: As required by the Board, the Grantee's participation in the NRBG is conditioned upon the transfer of a minimum of $5,000 to the Soil and Water Conservation District (SWCD) for Wetland Conservation Act activities, or such greater amount as agreed upon by the county and SWCD. This transfer must occur within 30 days of receipt of NRBG funds by the Grantee.
3 Time
The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence.
4 Terms of Payment
4.1 Payment will be made in one installment promptly after execution of the grant agreement. 4.2 Any grant funds remaining unspent after the end of the expiration date stated above will be returned to the Board within one
month of that date. 4.3 The Board must consult with the approving authority before granting an amendment to the grant agreement, or a component
thereof. 4.4 The obligation of the State under this grant agreement will not exceed the amount stated above for each grant program.
5 Conditions of Payment
All services provided by the Grantee under this grant agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. The Minnesota Department of Administration’s Office of Grants Management Policy On Grant Closeout Evaluation (Policy 08 – 13), requires the Board to consider a grant applicant’s past performance before awarding subsequent grants to them. The Board must consider a grant applicant’s performance on prior grants before making a new grant award of over $5,000. The Board may withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting requirements.
6 Assignment, Amendments, and Waiver
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6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office.
6.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office.
6.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it.
7 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement.
8 State Audits
Under Minn. Stat. § 16B.98, subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements whichever is later. 8.1 The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government
and contractors relevant to the NRBG, and match and grant expenditures, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant and match funds.
8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board if requested.
9 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State.
10 Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance
coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.
11 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
12 Termination
The State may cancel this grant agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
13 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay
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delinquent state tax liabilities, if any.
14 Prevailing Wage It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which state prevailing wage laws apply (Minn. Stat. 177.42 – 177.44). All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these state funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality.
15 Intellectual Property Rights The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents.
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. APPROVED: MCLEOD COUNTY BOARD OF WATER AND SOIL RESOURCES
BY:
BY:
TITLE: TITLE: Land & Water Section Administrator
DATED: DATED:
H:13NRBGA
McLeod COUNTY BOARD OF COMMISSIONERS
RESOLUTION # _______
Request for Comprehensive Water Management Plan EXTENSION
September 18, 2012
WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes
Minnesota Counties to develop and implement a local water management plan, and
WHEREAS, the current McLeod County Comprehensive Local Water Management Plan is effective until
December 31, 2012, and
WHEREAS, McLeod County is currently updating the Local Water Management Plan in accordance with
Minnesota Statutes Chapter 103B.301, and
WHEREAS, McLeod County has completed the following items:
1) The county resolution to update the water plan, and
2) Notices sent to state and local groups inviting input on the plan update, and
3) The priority concerns scoping document has been developed and submitted to BWSR for the State
Agency review, and
WHEREAS, McLeod County needs to complete the following:
1) The BWSR southern region review committee needs to schedule and meet with the county to
review the priority concerns scoping document and then make its recommendation to the full BWSR
Board, and
2) Develop the water plan based on inputs received from partners addressing priority concerns
identified, and
3) Conduct a public hearing to solicit final review comments, make adjustments as necessary, and then
submit the water plan to BWSR for State agency review and final approval by the BWSR Board, and
WHEREAS, McLeod County is hereby requesting an extension to:
1) Provide for sufficient time to complete the water plan, and
2) Provide for sufficient time for all to review the final water plan, and
3) Ensure that the updated water plan meets the states standards and the goals of the county, and
WHEREAS, McLeod County assures continued effort toward completion of the Comprehensive Local Water
Management Plan update, and
WHEREAS, the Act gives the Minnesota Board of Water and Soil Resources the authority to extend the ending
date of a current local water management plan for a period of up to one year.
NOW, THEREFORE, BE IT RESOLVED, the McLeod County Board of Commissioners requests from the Minnesota
Board of Water and Soil Resources an extension of the effective date of the current County Comprehensive
Local Water Management Plan until May 30, 2013, 2013, in order to complete the update process in accordance
with Minnesota Statutes Chapter 103B.301.
CERTIFICATION
State of Minnesota
Office of (County Administrator or County Auditor)
County of McLeod
I do hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and
adopted by the County of McLeod at a duly authorized meeting thereof held on the 18 day of September 2012.
_____________________________________
(Print Name)
(Print Title)
Quotation
Aug 29, 2012
McLeod CntyCustomer #296178 Quote #161439
Dear Matthew Troska,
Thank you for the opportunity to assist you with your subscription renewal of EdgeWave’s iPrism® Web Security. Our records indicate that your Web filtering subscription is set to expire. To ensure your subscription is continued, please complete the attached Quotation and fax it along with a purchase order to Janet Grakauskas at 858-676-2299.
We strongly encourage all our customers to take advantage of our special 3-year subscription pricing. iPrism's 3-year renewal provides price protection against all pricing increases during the duration of your contract. In addition, you'll save 25% off the total subscription price! Included in your 3-year renewal are all daily database updates, automatic software upgrades, technical support, hardware maintenance and next-day hardware replacement.
iPrism Renewal Form (#161439) for McLeod Cnty(Customer #296178)
Please sign, date and fax this Quotation to Janet Grakauskas / Account Manager at 858-676-2299
Additional Terms and Conditions
This quotation is valid until 9/25/2012 (the "Quotation expiration date"). To accept our offer and this Quotation, please sign, date and return this Quotation to us before the Quotation expiration date. Signed Quotations received by EdgeWave after the Quotation expiration date will be accepted at EdgeWave's sole discretion. All prices are FOB San Diego with shipping, handling and any applicable taxes added to each order. Payment terms are COD or Net-30 upon approved credit. Major credit cards are accepted. Since installations may be affected by events beyond our control, please note that payment for delivered product is due regardless of whether the product has been installed.
The purchase of Subscription within the Quote Option (listed above) entitles you during the subscription period to EdgeWave's telephone and email technical support during support hours, free software updates (as defined below) and access to product updates database. "Updates" means a minor modification or addition that includes corrections or modifications (other than an upgrade) to correct errors, provide patches or bug fixes or minor enhancements. "Upgrades" means a major revision or modification which changes its utility or efficiency and/or which adds features, functions,
If you have any questions regarding this quote, you may contact me toll-free at 800-782-3762 ext. 2094 or send an email to [email protected]. Thank you for your time and consideration. I look forward to doing business with you.
Regards,Janet Grakauskas / Territory Manager
By signing below you are entering into a legally binding agreement and agree to the terms of this Quotation as well as EdgeWave's standard Terms and Conditions located at www.edgewave.com/Terms, as may be amended by EdgeWave from time to time and incorporated herein by reference. Defined terms used herein shall have the meaning ascribed to them in the standard Terms and Conditions.
Please sign, date and fax this Quotation to (Janet Grakauskas / ) at 858-676-2299
WARRANTY CF SVCLTEXT1YL LAR ONLY 4YR EXT WARR LAPTOP 1 $175.00 $175.00
Sub Total: $4,624.00
Taxable Total: $4,624.00
Tax: (rate) 0.06875 $317.90
Shipping: $0.00
Total: $4,941.90
Contract between McLeod County and the Lester Prairie Police Department Leasing a New Laptop
Whereas, the Lester Prairie Police Department wishes to utilize McLeod County's mobile computing to facilitate officers' ability to use mobile computing from their squad cars and
Whereas, support from the McLeod County Information Systems may be necessary from time to time,
It is hereby agreed between the parties:
A. Standard Hardware and Software
1. McLeod County wil l provide the computer hardware, air cards and software required that the Lester Prairie Police Department will be leasing to be part of the McLeod County Mobile Network. See Amendment A.
2. Lester Prairie Police Department will provide the squad hardware and installation specified by McLeod County that is required to support the mobile computing.
3. Lester Prairie Police Department will be held responsible for hardware repairs not covered under maintenance and/or warranty.
4. If any unapproved hardware or software is installed on the laptop that causes conflict with the county applications, the county has the right to remove the program. Charges of $110 per hour with a minimum of one hour for correcting the problems incurred will apply. If vendor assistance is required to solve the problem, Lester Prairie Police Department will cover the vendor's costs.
5. McLeod County wil l attempt to have a spare laptop available to loan to Lester Prairie Police Department in the event a laptop is out-of-service or being repaired.
B. Training
1. McLeod County Information Systems will provide training to user for operation of the communications hardware and software in connecting to the county network.
2. McLeod County Sheriffs Office will provide training to a Lester Prairie PD trainer for operation of the mobile programs,
C. Technical Support and Services
1. McLeod County Information Systems will provide support for all approved laptops and devices connected to the county. This involves maintaining the infrastructure for connecting to the county.
2. Network setup and configuration on an approved laptop to allow connection to the county will be completed by the proper county staff and will be fully supported. This includes installation and configuration within the connectivity software.
9/26/2012 Page 1
3. The county will install antivirus software on all laptops connecting to the county.
4. It is the responsibility of each person operating a mobile laptop with county communications to ensure:
a. The antivirus software is enabled and running properly and that the installed software has received the most current virus definition files. McLeod County Information Systems will assist with this process as necessary.
b. The Mobile Update tool is run weekly from the Sheriffs Office parking lot.
5. Normal hours of operations for the McLeod County Information Systems are Monday through Friday, 8 a.m. to 4:30 p.m. with allowances for recognized holidays.
6. At the time of the contract, McLeod County Information Systems does not have on-call rotation shifts. If services are needed, every attempt will be made to contact the appropriate personnel. Users should be aware that McLeod County reserves the right to prioritize service calls. Individual device issues will not be addressed after hours.
7. Users from the Lester Prairie Police Department will contact McLeod County Communications for computer services. In the event McLeod County Communications requires aide, they will contact the appropriate personnel.
8. McLeod County will charge a monthly connection fee. This rate is subject to change as vendor dictates. See amendment A.
9. McLeod County Information Systems is not responsible for supporting hardware and operating software not required to run the county mobile software and will not provide user training for non-county employees beyond what is necessary to establish network connections.
Security
1. The Lester Prairie Police Department will keep all user ID's and passwords confidential and will hold McLeod County harmless for any liability incurred as result of improper disclosure of user ID's and/or passwords. Each user is responsible for the physical security of their portable communications equipment.
2. Any breach of security or suspected breach of security on any piece of equipment connected to the county network will be immediately reported to the McLeod County Information Systems.
3. Should there be any situation that occurs where the McLeod County Information Systems staff feels that a breach of security has occurred, staff have the right to immediately make any necessary configuration changes to cease the communications link for the user and/or the communications equipment. McLeod County Information Systems will notify the McLeod County Sheriff or designee of any such actions taken.
Acceptable Use Policy
Page 2
1. McLeod County has in place an Acceptable Use Policy for Computer and Network Systems regarding computer, network, electronic mail, and internet access per the newest revision and/or addendum. A copy of the Acceptable Use Policy forComputer and Network Systems is attached to this agreement and the Lester Prairie Police Department agrees to abide by this policy, especially as it pertains to the user's responsibilities in computer usage, internet usage, and telecommuting. Each user must sign a copy stating they have read and accepted the terms and conditions in the policy.
Lester Prairie Police Department Staff/Equipment Changes
1. The Lester Prairie Police Department agrees to notify the McLeod County Sheriffs Office prior to any additions, replacements, and/or user authority changes so that the proper security changes can be made.
2. The Lester Prairie Police Department agrees to notify the McLeod County Sheriffs Office prior to any additions or replacements of equipment so that the support staff can be aware of any potential additional support needed.
Terms and Agreements
1. Lester Prairie Police Department agrees to abide by the payment plan found on Amendment B for Lester Prairie's two units.
2. The McLeod County Sheriffs Office reserves the right to modify and/or amend this agreement after a 60 day notification to the Lester Prairie Police Department.
3. In the event Lester Prairie Police Department should decide to terminate this contract, a 60 day advance notice must be given.
4. At the end of this agreement, the Lester Prairie Police Department may purchase the computer provided by McLeod County for a price of $1.00.
Agreement Signatures
1. A l l mobile computing users of the Lester Prairie Police Department must provide a signed statement signifying their acceptance of this agreement before a user account will be created for them on the system.
Page 3
I. Length of Contract
1. Contract will go into effect from the date of the McLeod County Board Chair's signature to
ITEM # QTY PART NUMBER DESCRIPTION UNIT EXTENSION 1 1 Misc 8 channel antenna system combiner for ARMER backup control stations antenna $8,750.00 $8,750.00 system. The purpose of the combiner is to reduce the qty of antennas required for the backup ARMER control bases.
MANKATO SPENCER MARSHALL
www.alpha-wireless.com TOTAL EQUIPMENT $8,750.00SALESPERSON: Kurt Woodruff DATE :
SALES TAX $601.56ACCEPTED BY: _________________________________________ TOTAL $9,351.56
PROPOSAL PREPARED FOR: McLeod County Sheriff's Dept
ITEM # QTY PART NUMBER DESCRIPTION UNIT EXTENSION 1 1 Misc. Upgrade of existing countywide paging system to convert from multi-cast to simul-cast $65,903.00 $65,903.00 including materials and labor to add GPS master time sources at all sites (Glencoe, Plato, Brownton, Winsted, Silver Lake, Lester Prairie, and Hutchinson) NOTES- Simulcast paging is based on precise timing. It is anticipated that an annual system alignment will be required. Maintenance contracts will typically cover this alignment. The alignment process will require some system down time. Coverage overlap areas are subject to slight audio distortion. Our design will attempt to ensure that the overlaps are in areas of least population.
MANKATO SPENCER MARSHALL
www.alpha-wireless.com TOTAL EQUIPMENT $65,903.00SALESPERSON: Kurt Woodruff DATE :
SALES TAX $4,530.83ACCEPTED BY: _________________________________________ TOTAL $70,433.83
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McLeod County, Minnesota
Service Agreement for the Collection and Hauling
of Recyclable Materials in McLeod County Municipalities
October 1, 2012-September 30
th, 2015
McLeod County Solid Waste Management Department 1065 5th Avenue SE
2. Contract Term ...................................................................................................................... 4
3. Collection Service Requirements ......................................................................................... 4
3.1 Residential Dwelling Units ........................................................................................4 3.2 Multi-Unit Dwellings ................................................................................................ 6 3.3 Schools ...................................................................................................................... 7 3.4 Government Buildings……………………………………………………………….8 3.5 Acceptable Recyclable Materials .............................................................................. 9 3.6 Procedure for Unacceptable Recyclable Materials ................................................... 10 3.7 Disposition of Recyclable Materials at the County MRF ......................................... 10 3.8 Recovered Materials ................................................................................................. 11 3.9 Ownership ................................................................................................................ 11 3.10 Cleanup Responsibilities ........................................................................................ ..11 3.11 Customer Service ................................................................................................... ..11 3.12 Missed Collection Policy and Procedures .............................................................. ..11 3.13 Non-Completion of Collection and Extension of Collection Hours ....................... ..11 3.14 Severe Weather ........................................................................................................ .12 3.15 Holidays .................................................................................................................. .12 3.16 Collection Equipment Requirements ....................................................................... .12 3.17 Personnel Requirements .......................................................................................... .13 3.18 Publicity, Promotion, and Education ....................................................................... .13 3.19 Recycling Bins and Computerized Bar Code Reading System ............................... .14 3.20 Participation Data and Scanning Devices ................................................................ .14
4. Payment and Adjustments to Rates .................................................................................. 14
5. General Terms and Conditions ......................................................................................... 15
5.1 Terms of Contract .................................................................................................. 15 5.2 Annual Review ...................................................................................................... 15 5.3 Licensing ................................................................................................................ 15 5.4 Vendors May Team with Other Companies ........................................................... 15
6. Insurance and Other Legal Requirements ...................................................................... 15 7. Performance Penalties ....................................................................................................... 17 8. Contacts .............................................................................................................................. 17
Attachment A: Compensation and Adjustments to Rates……………………………............18
Attachment C: List of Public Schools to be Provided Recycling Collection Service…..……31
Attachment D: List of County and Contractor Contact Information……………………….33
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This Agreement is made and entered into by and between McLeod County, Minnesota, a Minnesota municipal corporation (County), 1065 5th Avenue SE, Hutchinson, MN 55350, and West Central Sanitation, (Contractor), a Minnesota Corporation, with its principal place of business at 4089 Abbott Drive, P. O. Box 796, Willmar, Minnesota 56201.
WHEREAS, the County supports curbside collection of recyclable materials and desires that a uniform collection program be made available to all County residents;
WHEREAS, the County requires collection and hauling services for recyclable materials from residences and certain other establishments within the municipalities, located in McLeod County, in accordance with the terms of this Agreement;
WHEREAS, the Contractor is licensed to operate within McLeod County and its municipalities, and is engaged in the business of collecting and hauling recyclable materials;
WHEREAS, the County desires to retain the services of the Contractor;
WHEREAS, the Contractor desires to provide collection and hauling services on behalf of the County and to deliver collected recyclable materials to the County Materials Recovery Facility (MRF); and
NOW, THEREFORE, it is agreed by and between the parties:
1. Definitions
For purposes of this Agreement, the terms listed below shall have the following meanings:
1.1 "Agreement" means the agreement between McLeod County and West Central Sanitation to provide the collection and hauling of recyclable materials.
1.2 "Contractor" means West Central Sanitation
1.3 "County" means McLeod County.
1.4 "County MRF" means the McLeod County Materials Recovery Facility (MRF) located at 1065 5th Avenue SE in Hutchinson, Minnesota.
1.5 "Holiday" means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Holidays are discussed in further detail in Section 3.15.
1.6 "Industrial/Cornmercial/Institutional (ICI)" means an industry, business, or non-county governmental establishment that generates recyclable materials.
1.7 Multi-Unit Dwelling (MUD)" means a housing unit within a building with multiple units; such as apartments and senior living facilities.
1.8 "Municipalities" means Biscay, Brownton, Glencoe, Hutchinson, Lester Prairie, Plato, Silver Lake, Stewart, and Winsted.
1.9 "Recyclable Materials" means newsprint and inserts; clear, brown, and green glass (food and beverage containers); aluminum, steel, bi-metal, and tin cans (food and beverage containers); corrugated cardboard; magazines; books; telephone books; catalogs; office paper; home office paper and mail; boxboard; plastic; and any other materials mutually agreed upon between the County and Contractor. Materials may be added to this list by mutual written agreement between the County and the Contractor.
1.10 "Recycling Containers" means the County-issued curbside recycling bins made available for residents and 90 gallon carts provided by the Contractor for MUDs. Other container types such as brown paper grocery bags, boxes, bins, and totes are acceptable containers to the extent that drivers readily recognize them as containing recyclable materials and these containers are adequate to contain the recyclable materials.
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1.11 "Residential Dwelling Unit (RDU)" means a single family household, including units in a duplex, triplex, townhome, and mobile home parks.
1.12 "Scheduled Collection Day" means the day or days of the week on which recycling collection, by the Contractor is to occur, in conjunction with municipal curbside MSW collection.
1.13 "Sort" means the manner in which recyclable materials are to be prepared by the customers and collected by the Contractor. The sorts, described in detail in Section 3.5 of this document, include the following:
1. Old newspapers, old magazines, and phone books.
2. Old corrugated cardboard, old boxboard, home office paper and mail, and books.
3. Glass bottles and jars.
4. Metal Cans.
5. Plastic
1.14 "Unacceptable Recyclable Materials" means any materials not listed under the definition of "Recyclable
Materials". Items typically considered contaminants include: window glass, ceramics, wax-coated
cardboard, Styrofoam, plastic bags, and other material as may be determined in the future, between the
Contractor and the County.
2. Contract Term
The term of this Agreement shall cover a period of three years commencing on October 1, 2012 with one, two-year renewal option. The County shall notify the Contractor in writing at least 180 days prior to the end of the contract term if the County chooses to exercise its option to renew. If the County chooses not to exercise its option, then the Agreement shall end on September 30, 2015.
If the County wishes to discuss further renewals, following the two-year renewal, the County will notify the Contractor in writing at least 180 days prior to the end of the renewed contract term. If further renewals cannot be negotiated, then the two-year renewal agreement shall end on September 30, 2017.
3. Collection Service Requirements
3.1 Residential Dwelling Units
3.1.1 Scope of Service
The Contractor shall service all residential dwelling unit (RDU) customers, as identified by the County. The County shall pay the Contractor per dwelling unit per month as specified in Attachment A, whether or not the customer has set out recyclable materials for collection.
The Contractor shall be responsible for the collection of recyclable material from the recycling bins set at the curb on the appropriate collection day and delivering the materials collected to the County MRF. The County requires residents to separate recyclable materials and place them in separate brown paper bags in or next to the recycling bin on their designated collection day. Contractor shall empty all acceptable materials from the recycling bin and any acceptable materials that are placed adjacent to the bin in a container, and shall replace the recycling bin at the curbside. The Contractor shall collect all recyclable materials prepared as specified in Section 3.5. The procedures for handling unacceptable materials are discussed in Section 3.6 of the Agreement.
3.1.2 Schedule
Municipal RDUs will have weekly collection of recyclable materials. The collection schedule is provided in the table below.
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Table 1 Municipalities’ Recycling Collection Days
McLeod County, MN
City Frequency of Pick-up Recycling Day
Biscay Weekly Wednesday
Brownton Weekly Tuesday
Glencoe Weekly Monday
Hutchinson (Route 1) Weekly Monday
Hutchinson (Route 2) Weekly Tuesday
Hutchinson (Route 3) Weekly Wednesday
Hutchinson (Route 4) Weekly Thursday
Hutchinson (Route 5) Weekly Friday
Lester Prairie Weekly Monday
Plato Weekly Monday
Silver Lake Weekly Thursday
Stewart Weekly Tuesday
Winsted Weekly Tuesday
3.1.2.1 Hours
The municipal recycling schedule for collecting residential recyclable materials is between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday.
The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. on the scheduled collection day.
If Contractor determines that the collection of recyclable materials will not be completed by 5:00 p.m. on the scheduled collection day, Contractor shall notify the County MRF Manager by 3:00 p.m. of that day. Contractor shall inform the County of the areas of the City or the establishments where collection will not be completed, the reason for non-completion, and the expected time of completion.
3.1.2.2 Zones
The City of Hutchinson is the only municipality requiring the collection of recyclables every day of the week for the different zones within the city. These zones are detailed in attachment B. The Contractor will be required to collect recyclable materials from all municipal RDUs in conjunction with each of the municipalities contracted refuse collection schedule.
Municipal maps are included in attachment B.
3.12.3 Set-out Locations
Recycling bins shall be required to be placed at the curbside by owner or tenant by 7:00 a.m. on the designated collection day. Valet service to residential customers with special needs will be provided to those who qualify and invoicing will be discussed between the County, Contractor, and municipality to best simplify services provided.
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3.2 Multi-Unit Dwellings
3.2.1 Scope of Service
The Contractor shall service all of the multi-unit dwellings agreed upon by both the Contractor and the County. The County shall pay the Contractor per dwelling unit per month for serviced MUDs as specified in Attachment A. Additional MUD’s may be added to this service agreement with the County’s approval to not exceed the maximum number of potential MUD units of 2123 per month. The list of serviced MUD’s must be reported quarterly and reviewed by both Contractor and County.
The Contractor shall collect recyclable materials that have been prepared in the manner outlined in Section 3.5 of this document.
The Contractor shall provide five (5) 90-gallon containers or agreed upon alternate containers for all MUD's and in sufficient quantity to adequately contain the materials between collections.
The containers must be clearly marked with text and graphics identifying the "Acceptable Materials" to be placed in the container.
Contractor shall empty all acceptable materials from inside the containers and any acceptable materials that may be set adjacent to the containers. Materials set adjacent to containers shall be placed in containers if identifiable as acceptable materials. Once emptied, the Contractor shall replace containers in their appropriate locations.
3.2.2 Schedule
3.2.2.1 Hours
The schedule for collecting recyclable materials from MUDs will be every week between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Every other week collection can be provided to smaller MUD sites with the agreement of both the County and Contractor.
Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. on the scheduled collection day.
If Contractor determines that the collection of recyclable materials will not be completed by 5:00 p.m. on the scheduled collection day, Contractor shall notify the County MRF Manager by 3:00 p.m. of that day. Contractor shall inform the County of the areas of the City or the establishments where collection will not be completed, the reason for non-completion, and the expected time of completion.
3.2.2.2 Routes
The Contractor shall provide a route list to the County that lists all the MUDs, their addresses, and the day of the week each building will be serviced for each of the designated municipalities that day.
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3.3 Schools
3.3.1 Scope of Service
The Contractor is responsible for providing carts and dumpsters to all the schools listed in Table 3. The County will pay the Contractor based on the number of containers, container sizes, and collection frequency per school as outlined in Attachment A. The County will not provide a revenue share to the Contractor for recyclable materials collected from the schools. Schools may be added or removed to this service agreement with notice from the County
The Contractor shall collect recyclable materials that have been prepared in the manner outlined in Section 3.5 of this document.
The Contractor shall provide five (5) 90-gallon containers or agreed upon alternate containers for all schools and in sufficient quantity to adequately contain the materials between collections. If alternate containers are proposed by the Contractor, the County Solid Waste Management Department Director and representative(s) from the applicable school(s) must provide prior written approval. The containers must be clearly marked with text and graphics identifying the "Acceptable Materials" to be placed in the container.
Contractor shall empty all acceptable materials from inside the containers and any acceptable materials that may be set adjacent to the containers. Materials set adjacent to containers shall be placed in containers if identifiable as acceptable materials. Once emptied, the Contractor shall replace containers in their appropriate locations.
Table 3
Schools with Recycling Collection Service through County Contract(1)
McLeod County, MN
School Address City # of Carts Size of OCC Container
G/SL High School 1825 E 16th St Glencoe 8 6 yd
St. Pius X School 1103 10th St East Glencoe 4 0
Lincoln Jr. High School 1621 E 16th St Glencoe 5 2 yd
Helen Baker Elementary 405 16th St E Glencoe 4 2 yd
St. Anastasia 400 Lake St SW Hutchinson 5 4 yd
Our Savior Lutheran School 800 Bluff St NE Hutchinson 5 0
Hutchinson High School 1200 Roberts Rd Hutchinson 12 6 yd
Hutchinson Middle School 1365 South Grade Rd Hutchinson 12 6 yd
Park Elementary 100 Glen St SW Hutchinson 10 6 yd
West Elementary 875 School Rd SW Hutchinson 8 2 yd
New Century Discoveries(2) 1000 5th Ave SE Hutchinson 0 0
Lester Prairie School District 131 Hickory St N Lester Prairie 5 6 yd
Lakeside Elementary 229 Lake Ave Silver Lake 6 4 yd
Holy Trinity Elementary 111 W. Winsted Ave Winsted 2 0 (1) More schools may be added throughout the term of the contract. (2) New Century Discoveries self-hauls their recyclable materials to the County’s MRF.
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3.3.2 Schedule
3.3.2.1 Hours
The schedule for collecting recyclable materials from schools will be every week between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Every other week collection can be provided to smaller school sites with the agreement of both the County and Contractor.
Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. on the scheduled collection day.
If Contractor determines that the collection of recyclable materials will not be completed by 5:00 p.m. on the scheduled collection day, Contractor shall notify the County MRF Manager by 3:00 p.m. of that day. Contractor shall inform the County of the schools where collection will not be completed, the reason for non-completion, and the expected time of completion.
3.3.2.2 Routes
The Contractor shall provide a route list to the County that lists all the schools, their addresses, and the day of the week each school building will be serviced.
3.3.2.3 Set-out Locations
School recycling collection containers are to be placed in centralized locations. The individual school may designate alternate container locations with input from the County.
3.4 Government Buildings
3.4.1 Scope of Service
The Contractor is responsible for providing carts and dumpsters to all the County buildings listed in Table 4. The County will pay the Contractor based on the number of containers, container sizes, and collection frequency per school as outlined in Attachment A. The County will not provide a revenue share to the Contractor for recyclable materials collected from the County government buildings.
Table 4
County Buildings Requiring Recycling Collection Service
McLeod County, MN
Building Address City
Number of
Carts(1)
County Courthouse 830 11th Street East Glencoe 4
Health & Human Services 1805 Ford Avenue Glencoe 8
North Complex 2391 Hennepin Avenue Glencoe 1
Annex Building 2397 Hennepin Avenue Glencoe 1
(1) Buildings with one cart recycle paper only.
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3.4.2 Schedule
3.4.2.1 Hours
The schedule for collecting recyclable materials from schools will be every week between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Every other week collection can be provided to smaller school sites with the agreement of both the County and Contractor.
Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. on the scheduled collection day.
If Contractor determines that the collection of recyclable materials will not be completed by 5:00 p.m. on the scheduled collection day, Contractor shall notify the County MRF Manager by 3:00 p.m. of that day. Contractor shall inform the County of the schools where collection will not be completed, the reason for non-completion, and the expected time of completion.
3.4.2.2 Routes
The Contractor shall provide a route list to the County that lists all the government buildings, their addresses, and the day of the week each government building will be serviced.
3.5 Acceptable Recyclable Materials
The materials listed in this section are to be collected source separated, unless otherwise noted. Listed below are the recyclable materials to be collected in the County’s collection programs:
1. Old Corrugated Cardboard (OCC) & Old Boxboard (OBB): OCC must be flattened and broken down to 3’ x 3’ size pieces. Includes uncoated cardboard with a wavy core and not contaminated with other materials such as wax, plastic coating, or Styrofoam,™. Also includes brown paper bags. OBB includes chipboard boxes not coated with wax, plastic or metal such as cereal boxes, other clean chipboard food containers, shirt boxes, shoeboxes, egg cartons, and tissue roll cores.
2. Glass Bottles and Jars: Includes clear, brown, and green food and beverage containers. No ceramics, window glass, mirrors, or caps and lids.
3. Metal Cans: Includes steel/tin and aluminum food and beverage cans.
4. Plastics: Includes #1 - #7 plastic bottles and containers such as soda bottles, milk and water jugs, laundry product containers, yogurt containers, margarine tubs, blister packs, ice cream pails, etc.
5. Newspapers, Magazines, Office Paper, Home Office Paper and Mail (HOPM), and Phone Books: The following types of paper products may be commingled by the residents:
a. Old Newspaper (ONP): Includes printed newsprint, flyers, and all glossy and semi-glossy advertisements and inserts typically found in newspapers.
b. Old Magazines/Catalogs (OMG): Includes magazines and catalogs with a glue or stapled binding, including any “seasonal circular” catalog.
c. Phone Books: Includes clean telephone directories printed for or by telephone directory publishers.
d. Office Paper: Includes clean, white office paper and junk mail.
e. Home Office Paper and Mail (HOPM): Includes paper that would typically be generated from a residence including “junk” mail, printer paper, envelopes of all types, file folders and notebooks, card stock, computer printouts, other report-like documents, tablets with colored glue bindings, softcover books, hardcover cooks (with cover removed), shredded paper, fax paper, Post-It® Notes, etc.
6. Other: As may be determined in the future, between the Contractor and the County. The County may require additional recyclable materials be collected in the future, with mutual written agreement between the County and the Contractor. If the County requests the addition of any material(s), or requests that certain items be collected commingled rather than source separated, a meeting between the County and the Contractor would be scheduled to discuss the potential changes and how the Contractor anticipates the collection of such a material(s) will impact its collection operations as it relates to collection time per stop and storage on the collection vehicle.
The Contractor shall use its best efforts to ensure that all materials that it collects and delivers to the County Materials Recovery Facility (MRF) shall constitute only recyclable materials. Each stream of recyclable materials delivered to the County MRF shall be delivered source separated, without commingling, unless specified in this RFP.
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In addition, the Contractor shall use its best efforts to minimize the quantity of recyclable materials delivered in plastic bags. If residents or customers choose to shred HOPM materials, the shredded paper is to be placed in brown paper bags, not plastic bags.
3.6 Procedure for Unacceptable Recyclable Materials
3.6.1 Residential Dwelling Units
If Contractor determines that a resident has set out unacceptable recyclable materials, the driver shall use the following procedures:
a. The unacceptable materials shall be left in the recycling bin along with an "education tag" indicating which materials were set out improperly. The tag will provide instructions for the proper method of preparation.
b. The lower portion of the education tag will be perforated and the driver shall keep the lower portion on which he/she will record the address of the RDU where the tag was left and the reason for leaving the tag. At the end of each daily route, the Contractor will deposit education tags at a designated location at the County MRF.
3.6.2 Multi-Unit Dwellings, Public Schools, and Local Governmental Facilities
The Contractor will not collect containers with visible quantities of unacceptable materials. The Contractor shall notify the County Solid Waste Coordinator on a daily basis where material was left and the reason that the material was unacceptable. The County will work to obtain cooperation from the building representative in removal of trash and separation of acceptable materials. The Contractor will then be requested to return to the site of contamination and collect properly sorted containers on the next service day.
3.6.3 ICI Customers
Contractor will not collect containers with visible quantities of unacceptable materials. The Contractor will work to obtain cooperation from the ICI building owner/manager in removal of trash and separation of acceptable materials. The Contractor will then return to the site of contamination and collect properly sorted containers.
3.7 Disposition of Recyclable Materials at the County MRF
All recyclable materials collected by the Contractor pursuant to this Agreement shall be transported to the County MRF located at 1065 5th Avenue SE in Hutchinson.
The Contractor and the County will establish a designated schedule in which the Contractor will deposit the recyclable materials at the County MRF each day of the week. The schedule for depositing the materials will be between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday.
If the Contractor is unable to arrive at the County MRF before 5:00 p.m., the Contractor must notify the County MRF Manager by 3:00 p.m. of that day.
The Contractor will deposit collected glass in designated bunkers outside the County MRF building, but on the County MRF site. All other recyclable materials will be deposited inside the County MRF on the designated tip floor, unless material baskets are provided outside the County MRF building as an alternative for depositing the materials.
The County requires that all recyclable material collected in the City each collection day be delivered to the County MRF the same day as collected. If the Contractor will not be delivering recyclable materials to the County MRF on the same day as collected, the Contractor shall notify the MRF Manager by 4:00 p.m. of the same day the materials were collected.
The Contractor shall not dispose of recyclable material collected pursuant to this Agreement in a landfill, transfer station, waste-to-energy facility, or other disposal facility without prior approval from the County.
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3.8 Recovered Materials
The County will process all the recyclable materials collected and will market all the recovered materials received per this Agreement. All revenue received from the sale of the recyclable materials shall be retained by the County, except for ICI-generated OCC and curbside material as outlined in section 4.1. The Contractor will receive a revenue share for the delivery of OCC as specified in Attachment A. The County will provide the Contractor's share of the revenue on a quarterly basis.
3.9 Ownership
Ownership of the recyclable materials shall remain with the person placing them for collection until Contractor's personnel physically touches the materials for collection, at which time ownership transfers to the County (Contractor is an agent of the County). The Contractor shall report to the County any instances of suspected scavenging or unauthorized removal of recyclable materials from any collection bins or containers.
3.10 Cleanup Responsibilities
Contractor shall adequately clean up any materials spilled or blown during the course of collection and/or hauling operations. Any unacceptable materials left behind should be secured within resident's recycling bin. Driver shall take all precautions possible to prevent littering of unacceptable recyclable materials. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage.
3.11 Customer Service
The County will be responsible for providing and publishing a toll free telephone number to receive phone calls from residents, schools, and MUDs regarding service issues. The County will have an answering machine or voice mail system activated to receive phone calls after hours, as well as an e-mail address for customers to communicate concerns.
The Contractor must maintain, in an agreed upon location, a local office with continuous supervision for accepting service calls from customers and/or from the County. The office will be in service with continuous supervision between the hours of 7:00 a.m. and 4:30 p.m. or until all routes are completed on all days of collection, whichever is later. The County staff will forward any service complaints received to the Contractor, via e-mail, within 24 hours of receipt of the complaint.
3.12 Missed Collection Policy and Procedures
Contractor shall have a duty to pick up missed collections. Contractor shall pick up all missed collections on the same day that the Contractor receives notice from the County of a missed collection, provided notice is received by Contractor before noon on a business day. With respect to all notices of a missed collection received after noon on a business day, Contractor shall pick up that missed collection before 5:00 p.m. on the business day immediately following.
Contractor shall provide staffing of a telephone-equipped office to receive calls from customers and/or the County regarding missed collection complaints between the hours of 7:00 a.m. and 4:30 p.m. on weekdays (except holidays), and on Saturdays during weeks in which a holiday has delayed pickup until Saturday.
As part of the reporting requirements (Section 5.10), the Contractor will provide the County with a monthly report listing the number and addresses for missed collections.
3.13 Non-Completion of Collection and Extension of Collection Hours
If Contractor determines that the collection of recyclable materials will not be completed by 5:00 p.m. on the scheduled collection day, Contractor shall notify the County MRF Manager as early as possible and no later than
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3:00 p.m. of the same day. Contractor shall inform the County of the areas not completed, the reason for non-completion, and the expected time of completion. The Contractor must have access to spare vehicles to ensure that the collection of recyclable materials shall not be adversely impacted due to scheduled and unscheduled down time. Prior to initiation of this Agreement, Contractor will provide a list of the type and number of vehicles that will be used to provide collection services.
3.14 Severe Weather
Recycling collections may be postponed due to severe weather. "Severe Weather" shall include, but shall not be limited to, those cases where the temperature at 6:00 a.m. is -25 degrees F or colder. If the Contractor determines the need to postpone collection for a specific day, it must contact the County Solid Waste Department via telephone followed by facsimile requesting postponement by 7:00 a.m. on the day which collection is postponed. Upon postponement, collection will be made the following business day. The Contractor will be responsible for notifying the residents by radio and/or television announcements.
3.15 Holidays
The Contractor is required to follow the same holiday schedule for RDU’s in conjunction with the holiday refuse schedule for each municipality. The following holidays are observed by the County and its municipalities: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If other municipalities have a different holiday schedule, this information will be conveyed to the Contractor prior to initiating collection service in other municipalities.
The two holiday observations that will affect recyclable collection from ICI customers are Thanksgiving Day and Christmas Day.
When the scheduled collection day falls on a holiday, collection on that day, and subsequent days that week, will be collected one day later, with Friday being collected on Saturday. The Contractor will make arrangements with the County for the delivery of recyclable materials to the County MRF should a holiday fall on a Friday, requiring a Saturday collection. The Contractor will also make arrangements with the County for the delivery of recyclable materials to the County MRF on days when the MRF is closed due to holidays observed by the County, but not observed by the City. A list of these holidays (if any) will be provided to the Contractor prior to initiation of service by the Contractor.
3.16 Collection Vehicle Equipment Requirements
The Contractor and the vehicles used in collecting and transporting recyclable materials within McLeod County must comply with all state and local laws and vehicle safety regulations. Collection vehicles may be subject to approval and periodic inspection as required by the Minnesota Department of Transportation. All collection vehicles used in performance of the Contract shall:
Be duly licensed and inspected by the State of Minnesota; Be properly insured; Operate within the weight allowed by Minnesota Statutes and local ordinances; Be Minnesota Department of Transportation (DOT)-compliant at all times; and Be kept clean and as free from offensive odors as possible.
Each collection vehicle shall be equipped with the following:
a) Two-way radio or a cellular telephone;
b) First aid kit;
c) An approved ABC Dry Chemical Fire Extinguisher;
d) Warning flashers;
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e) Warning alarms to indicate movement in reverse;
f) Signs on the rear of the vehicle which states “This Vehicle Makes Frequent Stops”; and
g) A broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order.
All vehicles must be clearly identified on both sides as a recycling collection vehicle and must have the Contractor’s name and telephone number prominently displayed. The lettering must be at least three inches in height.
3.17 Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of the awarded contract. The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the County.
Contractor’s personnel will be trained both in program operations and in customer service and insure that all personnel maintain a positive attitude with the public and in the work place and shall:
a) Conduct themselves at all times in a courteous manner and use no abusive or foul language;
b) Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of the Federal, State of Minnesota, and local governing boards;
c) Be clean and presentable in appearance, as feasible;
d) Wear a uniform and employee identification badge or name tag;
e) Drive in a safe and considerate manner;
f) Manage containers in a careful manner, by picking them up, emptying their contents into the collection vehicle, and place, not throw or slide, the container back in its original curbside location so as to avoid spillage and littering or damage to the container;
g) Monitor for any spillage and be responsible for cleaning up any litter or breakage;
h) Avoid damage to property; and
i) Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances.
3.18 Publicity, Promotion, and Education
The Contractor and the County shall work together in the preparation and distribution of educational materials to insure accurate information and program directions. The County shall pay for the design and printing of program brochures for distribution to all certified RDUs and MUDs once per year during the term of the contract. The distribution of the brochure (via U.S. Postal Service) to all certified RDUs and MUDs (approximately 12,940 total) will be the responsibility of the Contractor.
As part of this proposal, proposers shall provide examples of public education materials they have developed for other municipalities. In addition, proposers are encouraged to specify other public education tools that they are willing to provide (e.g., recycling education materials targeted for a specific demographic, targeting a specific material type, etc.).
The Contractor shall submit a draft of any public education literature for approval by the County, at least one (1) month before printing. All printed recycling literature must contain the County’s logo and County contact information.
During the term of the Contract, the Contractor may be asked by the County to make public appearances, provide information for local environmental groups, or attend public events sponsored by the County. Proposers are encouraged to provide examples of their involvement in recent community activities such as speaking engagements, renting booth space at local events, attending neighborhood block parties, etc. and their ability/willingness to participate in potential recycling outreach activities in the County.
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3.19 Recycling Bins
The County will be responsible for providing and maintaining recycling bins for each RDU at no charge to the municipality or customers. In addition to the recycling bin, other container types such as brown paper grocery bags, boxes, and bins are acceptable to the extent that route drivers readily recognize them as containing recyclable materials. The delivery of replacement bins, due to lost, missing, or damaged recycling bins, shall be the responsibility of the Contractor.
3.20 Monthly and Annual Reports
The Contractor will submit to the County monthly reports and annual reports. At a minimum, the Contractor shall include the following information monthly:
Recycling service fee (based upon contracted price per RDU, MUD, schools, and County buildings).
List of MUD’s serviced under this contract.
Log of all complaints, including the nature of the complaints; the names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of response.
Log of all resident addresses where “education tags” were left because unacceptable recyclable materials were set out for recycling.
Record of average set-out rates, by municipality. The set-out rate is the number of RDUs that set out recyclable materials each collection week as a percentage of the number of eligible RDUs in the County.
At a minimum, the Contractor shall include the following information annually:
Average set-out rates, by municipality, and an explanation of how those rates were calculated.
Monthly reports shall be due to the County by the 15th day of each month. Annual reports shall be due by January 31. The Contractor shall include in its annual report recommendations for continuous improvement in the County’s recycling program (e.g., public education, school recycling, etc.).
4. Payment and Adjustments to Rates
For RDUs, the County will pay the Contractor on a monthly basis per eligible dwelling unit as agreed upon by the two parties and at the annual review meeting as specified in Section 6.
For the MUDs, schools, and County buildings, the County will pay the Contractor based on the number of containers, container sizes, and collection frequency per location as agreed upon by the two parties and at the annual review meeting as specified in Section 6.
In addition, the County may pay the Contractor an incentive payment and/or a share of the revenue received from the sale of commercial OCC as described below.
4.1 Incentive Payment
The County will provide an incentive payment to the Contractor, for 5-sort curbside material only, if the total tons of recyclable materials delivered to the County’s MRF exceeds the baseline set by the County. The baseline for the first three years of the contract will be the average tons collected curbside from 2007-2011. The baseline for the three year contract term is 1,205 tons. A new baseline will be set for any future contract renewal terms agreed upon by the County and the Contractor, but will not be re-set below the initial baseline of 1,205 tons per year.
If the baseline is met, all tons exceeding the baseline, during the contract term, will be compensated as the incentive payment and will be provided by the end of the calendar year. The incentive payment will be determined as follows:
The total revenue received during a contract year, will be divided by the total tons processed by the MRF, during that same time, to determine an average per ton value.
This value will be reduced by a $45 per ton processing fee,
The remaining average per ton value will be split 50/50 between the County and the Contractor.
The incentive payment per contract year is not to exceed $10.000.00.
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4.2 CII Revenue Sharing
Revenue will be provided to the Contractor for OCC collected from Commercial/Industrial/ Institutional (CII) customers only and delivered to the County MRF by the Contractor. The revenue share will be a 50/50 split of the fiber grade #11 (Chicago Region, Low Side) from the Official Board Markets monthly published pricing (first issue) of the month after a $45 per ton fee has been deducted to cover County processing costs. The County will not provide reimbursement if the low side of the Chicago Region’s Official Board Markets falls to or under $45 per ton for OCC. The County reserves the right, as the interest of the County may require, to revise the revenue sharing formula if necessary throughout the term of the contract. Reimbursements, for OCC, will be provided on a quarterly basis.
The County will not compensate the Contractor for the collection of recyclable materials from CII customers; the Contractor will bill these customers directly for this service.
5. General Terms and Conditions
5.1 Contract Term
The term of this Agreement shall cover a period of three years commencing on October 1, 2012 with one, two-year renewal option. The County shall notify the Contractor in writing at least 180 days prior to the end of the contract term if the County chooses to exercise its option to renew. If the County chooses not to exercise its option, then the Agreement shall end on September 30, 2015.
If the County wishes to discuss further renewals, following the two-year renewal, the County will notify the Contractor in writing at least 180 days prior to the end of the renewed contract term. If further renewals cannot be negotiated, then the two-year renewal agreement shall end on September 30, 2017.
5.2. Annual Review
The County and the Contractor shall meet as needed, or as requested by either party, during the term of the contract to review public comments, complaints, suggestions, etc. regarding recycling services.
5.3. Licensing
The Contractor must be licensed and is subject to all regulations of the County ordinances on an annual basis and comply with all provisions of said ordinances.
5.4. Vendors May Team with Other Companies
It is recognized that some prospective haulers may wish to sub-contract with other companies for collection services. This is allowed as needed, but all such Contractor–sub-contractor relationships must be explicitly described in each proposal scenario. The County will Contract with only one primary Contractor for the recycling services.
Multiple vendors may team up with other companies provided there is no collusion. A company may be listed as a part of more than one team as long as this company submits a written certification that no collusion occurred between competing proposals.
6. Insurance and Other Legal Requirements
6.1 Insurance
The Contractor must carry comprehensive general liability insurance covering bodily injury and property damage (combined limit) in the amount of $200,000 per person and $600,000 per occurrence and personal injury in the amount of $200,000 per person and $600,000 per occurrence.
Additionally, the Contractor shall carry comprehensive automobile liability insurance including owned, non-owned, and hired automobiles in the amount of $200,000 per person and $600,000 per occurrence.
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6.2 Workers Compensation
The Contractor shall provide evidence of Workers Compensation insurance covering all employees of the Contractor engaged in the performance of the Contract, in accordance with the Minnesota Workers Compensation Law.
6.3 Assignability of Proposal and/or Contract
This contract may not be assigned or otherwise transferred to any other firm or individual, without prior written approval of the County. If such a request is made, the County reserves the right and full discretion to accept the assignment/transfer, or terminate contract at a timetable chosen by the County to facilitate an orderly change to another potential hauler(s).
6.4 Bankruptcy
In the event the Contractor, its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their Contract rights and obligations.
6.5 Performance Bond-Changes
In addition to the licensing requirements, the County shall require a Letter of Credit in the amount of two hundred thousand dollars ($200,000), subject to review by the County Attorney and acceptance by the County Board of Commissioners. In the event the Contractor fails to perform, the County shall use the funds to provide substitute service.
6.6 Cover of Services
In the event the Contractor fails to perform as required by the contract, the County retains the right to hire another vendor to perform the duties of the defaulting contract; and the defaulting Contractor agrees that it will reimburse the County for expenses, charges, and fees incurred in arranging for substitute performance, including reasonable attorney fees and costs.
6.7 Hold Harmless
The Contractor is required to hold the County harmless from any liability for personal or property damage, including any and all legal costs.
6.8 Audit Disclosure
The Contractor shall allow the County or its duly authorized agents reasonable access to such of the Contractor’s books and records as are pertinent to all services provided under this agreement. Any reports, information, data, etc. given to, prepared, or assembled by the Contractor under a future contract shall not be made available by the Contractor to any other person or party without the County’s prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and report prepared by the Contractor shall become the property of the County upon termination of the County’s contract with the Contractor.
6.9 Retention of Records
The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of six (6) years. Records are subject to audit per Minn. Stat. §16C.05, Subd 5:
16C.05 CONTRACT MANAGEMENT; VALIDITY AND REVIEW
Subd. 5. Subject to audit.
A contract or any pass-through disbursement of public funds to a vendor of goods or services or a grantee made by or under the supervision of the commissioner or any county or unit of local government must include, expressed or implied, an audit clause that provides that the books, records, documents, and accounting procedures and practices of the vendor or other party, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. If the contracting
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agency is a local unit of government, and the governing body of the local unit of government requests that the state auditor examine the books, records, documents, and accounting procedures and practices of the vendor or other party pursuant to this subdivision, the contracting agency shall be liable for the cost of the examination. If the contracting agency is a local unit of government, and the grantee, vendor, or other party requests that the state auditor examine all books, records, documents, and accounting procedures and practices related to the contract, the grantee, vendor, or other party that requested the examination shall be liable for the cost of the examination. An agency contract made for purchase, lease, or license of software and data from the state is not required to contain this audit clause.
6.10 Data Practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the County any requests from third parties for information relating to this Agreement. The County agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the County, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws.
This contract is public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13.
6.11 Inspection of Records
All Contractor records with respect to any matters covered by this agreement shall be made available to the County or its designees at any time during normal business hours, as often as the County deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
7. Performance Penalties
The County has the discretion to administer penalties for the Contractor’s failure to perform under the recycling contract as it relates to the following issues as described in Table 2:
Table 2 Recycling Collection Service Contract Performance Penalties
McLeod County, MN
Performance Penalty Amount
Missed Collection $25.00 for each missed collection above two misses per collection day, to be assessed at the end of each collection month. A missed collection would be defined as a report by a resident that their material was set out by 7:00 a.m. and the address did not appear on the Contractor's conveyance sheet as a "Late Set Out.”
Throwing or Dropping Containers $50.00 for each witnessed report of a driver throwing rather than placing, the curbside recycling container or deliberately dropping the container when the bottom of the container is more than four feet above the ground.
Route Collection Not Completed $1,000.00 for each incident of failure to complete collection when the Contractor has not received an extension of collection hours from the MRF Manager or designated alternate.
Failure to Clean Up Material Spilled by Contractor Within Six (6) Hours of Verbal or Written Notification
$50.00 each incident.
Failure to Maintain Vehicle in Manner $100.00 each incident.
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Table 2 Recycling Collection Service Contract Performance Penalties
McLeod County, MN
Performance Penalty Amount
Which Prevents Nuisances such as Leaky Seals or Hydraulics
Failure or Neglect to Provide Notice to Resident Explaining Reason that Recyclable Materials were not Collected
$25 each incident.
Failure to deliver all recyclable materials collected in the County’s residential recycling program, including materials collected from MUDs, to the County MRF
$2,500 each incident.
Disposing of recyclable materials in a landfill or other disposal facility without prior approval from the County
$2,500 each incident.
Failure to notify the County MRF by 3pm that all recyclable materials collected that day will not be delivered until the following business day.
$250 each incident.
Disposing of recyclable materials into the incorrect or non-designated bunker at the County MRF
$500 each incident.
Failure to deliver recyclable material sorted, as defined in section 3.1.
$500.00 each incident
Failure to weigh recycling vehicle prior to or after depositing recyclables at the MRF
$250 each incident
The Contractor shall be liable for penalty amount(s) upon determination of the County that performance has not occurred consistent with the provisions of the contract. The County may deduct the full amount of any penalties from any payment due to the Contractor. The remedy available to the County under this paragraph shall be in addition to all other remedies which the County may have under law or at equity.
The Contractor shall not be deemed to be liable for penalties where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, including but not limited to civil disorder, acts of God, inclement weather severe enough that trucks cannot safely take collections.
8. Contacts
Attachment D provides the contact information for all County personnel responsible for the execution of this agreement. This agreement states that all notices are to be reported to the MRF Manager. When the MRF Manager cannot be reached, the Contractor must continue efforts to contact County personnel as itemized in Attachment D. Contact information for the Contractor is also provided in Attachment D.
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Attachment A
COMPENSATION AND ADJUSTMENTS TO RATES
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Attachment A Compensation and Adjustments to Rates McLeod County, Minnesota
Household Rates
Year One
■ $2.68 month/RDU with weekly collection services
■ $2.15 month/MUD with weekly collection services
Year Two
■ $2.76 month/RDU with weekly collection services
■ $2.21 month/MUD with weekly collection services
Year Three
■ $2.84 month/RDU with weekly collection services
■ $2.28 month/MUD with weekly collection services
Rates for Servicing County Facilities and Public Schools
The County shall compensate the Contractor for servicing carts and dumpsters at County facilities and public schools based on the number of containers, container sizes, and collection frequency, per the table below. The rates will be as listed in the table below:
Recycling Collection Rates, Per Container Per Month
Industrial/Commercial/Institutional revenue share will be provided to the Contractor for OCC only. The revenue share will be a 50/50 split, after an initial $45 per ton processing fee is retained by the county, of the remaining value. The OCC value is determined using the fiber grade #11 (Chicago Region, Low Side) from the Official Board Markets monthly published pricing (first issue) of the month in which the materials are delivered to the County MRF above a $45 per ton actual market price to cover County processing costs. The County will not compensate the contractor for collection of recyclable materials from ICI customers. The Contractor will bill these customers directly for this service.
Additional Fees
The County will not pay any additional fees (i.e., fuel charges, environmental fees, etc.) above the base rates agreed upon between the County and the Contractor or on any invoices billed to the County by the Contractor.
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Attachment B
RECYCLING COLLECTION
ROUTE MAP
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Attachment C
LIST OF PUBLIC SCHOOLS TO BE PROVIDED RECYCLING
COLLECTION SERVICE
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Attachment C List of Public Schools to be Provided Recycling Collection Service
McLeod County, Minnesota
Schools with Recycling Collection Service through County Contract(1)
McLeod County, MN
School Address City # of Carts Size of OCC Container
G/SL High School 1825 E 16th St Glencoe 8 6 yd
St. Pius X School 1103 10th St East Glencoe 4 0
Lincoln Jr. High School 1621 E 16th St Glencoe 5 2 yd
Helen Baker Elementary 405 16th St E Glencoe 4 2 yd
St. Anastasia 400 Lake St SW Hutchinson 5 4 yd
Our Savior Lutheran School 800 Bluff St NE Hutchinson 5 0
Hutchinson High School 1200 Roberts Rd Hutchinson 12 6 yd
Hutchinson Middle School 1365 South Grade Rd Hutchinson 12 6 yd
Park Elementary 100 Glen St SW Hutchinson 10 6 yd
West Elementary 875 School Rd SW Hutchinson 8 2 yd
New Century Discoveries(2) 1000 5th Ave SE Hutchinson 0 0
Lester Prairie School District 131 Hickory St N Lester Prairie 5 6 yd
Lakeside Elementary 229 Lake Ave Silver Lake 6 4 yd
Holy Trinity Elementary 111 W. Winsted Ave Winsted 2 0 (1) More schools may be added throughout the term of the contract. (2) New Century Discoveries self-hauls their recyclable materials to the County’s MRF.
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Attachment D
County and Contractor Contact Information
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Attachment D List of County and Contractor Contacts
County Contacts
Name Phone E-mail Administration
role
Ed Homan 320-484-4316 (w) 320-583-3477 (c) [email protected] Contract
This Agreement, including any attachments, constitutes the entire Agreement between the Contractor and the County and supersedes all prior written or oral agreements. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding, purchase order, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement, is null and void and of no effect unless in writing and signed by representatives of the parties authorized to amend this Agreement. This Agreement made and entered into this ______________ day of _______________, 2012 IN WITNESS WHEREOF, the parties have subscribed their names below. WEST CENTRAL SANITATION MCLEOD COUNTY BY: _______________________________ BY: __________________________________ Beverly Wangerin McLeod County Board of Commissioners BY: __________________________________ Pat Melvin, County Administrator McLeod County APPROVED AS TO EXECUTION/DATE
BY: __________________________________ Michael Junge, County Attorney McLeod County
RESOLUTION 12-CB-28
Establishing a recycling policy that all licensed haulers of recyclable materials are required to
use source separated recyclable materials collection to foster the County’s environmental
management goals.
Whereas, the County of McLeod has authority under Minnesota State Law to establish solid waste
management goals and programs that apply to County residents, businesses, and institutions;
Whereas, the County of McLeod has developed a Solid Waste Management Plan (update in progress)
identifying specific solid waste management recycling and landfill diversion goals, implementing solid
waste management programs, and establishing solid waste management polices supporting these goals;
Whereas, the County has developed a materials recovery facility (MRF) that became operational in 2004
to assist in achieving these goals. The MRF accepts and processes recyclable materials deposited at the
facility through a source separated collection program. The MRF is not designed to receive or process
single stream or dual stream (i.e. paper and containers commingled) collected materials.
Whereas, the County adopted a Solid Waste Ordinance (updated in 1996) supporting the County solid
waste and environmental management goals and requiring that all commercial haulers of recyclable
materials to secure a license from the County to collect recyclable materials.
Whereas, Section 8.4 of the Solid Waste Management Ordinance, specifies that the Solid Waste Officer,
with approval by the County Board, may issue a license to haulers of commercial recyclable materials if
they meet a set of specific requirements.
Whereas, Sections 7.11 and 7.12 of the Solid Waste Management Ordinance, provide the County Solid
Waste Officer with the authority to review and modify the amount of recyclable materials preparation
and the type of containers specified for use by licensed haulers in the County.
Whereas, Section 6.10 of the Solid Waste Ordinance, provides the County Board with the authority to
suspend or revoke a hauler’s license for noncompliance with the County’s Solid Waste Management
Ordinance.
Now, therefore, be it resolved by the County Board for the County of McLeod, that the Solid Waste
Officer will require all recyclable materials set out by generators and collected by licensed haulers to use
the source separated collection method. If any hauler does not comply with this recycling requirement,
the Solid Waste Officer will notify the hauler of non-compliance and suspend the hauler’s license.
Revocation of any hauler license will require a public hearing.
Adopted this fourth day of September 2012.
Beverly Wangerin, Chairperson
Patrick Melvin, County Administrator
Staffing Request Committee
10:00 AM
Tuesday, Sept 11, 2012
North Complex
AGENDA
A) Review of Youth Coordinator position at Fairgrounds and request for
additional hours. Recommendation: Allow Youth Coordinator to work up to 15 days before June 1, 2013 at Fairgrounds.
B) Consider hiring 14 hour per week clerical position for Parks/Extension due to retirement. Recommendation: Hire 14 hours per week clerical position at Parks/ Extension Office.
C) Consider hiring a 14-hour per week Fairgrounds Helper due to resignation. Recommendation: Hire 14 hours per week Fairgrounds Helper at Fairgrounds.
D) Consider hiring full-time Assistant County Engineer in the Highway Department due to resignation. No recommendation: Staffing Committee to have discussion with County Engineer based on Consultant Herb Trenz’ Staffing Report.
E) Consider hiring a full-time Technical Specialist I in the Sheriff Department due to retirement. Recommendation: Hire full-time Technical Specialist I (grade 11) in the Sheriff Department to start on or after Nov 4, 2012.
F) Review of positions in which McLeod County is the hiring authority in Social Services. No recommendation: Information only.
G) Review Consultant Herb Trenz reports on IS and Highway Departments.
Recommendation: Hire Information Services Director (grade 27). (See attached).
Please note that the Committee Chairperson has responsibility to invite staff
not copied on this Agenda and expected to attend the meeting.
CC: All Commissioners All Department Heads Mary Jo Wieseler
Pat Melvin
MINNESOTA STATE UNIVERSITY
M A N K A T O
August 17, 2012
To Whom It May Concern M C Leod County Public Health Nursing 1805 Ford Avenue, Suite 200 Glencoe, M N 55336
To Whom It May Concern:
Enclosed are four (4) copies of a Memo of Agreement between Minnesota State University, Mankato and M C Leod County Public Health Nursing to provide an internship program in Nursing. I have revised ParagrapriTfLD, Please shred the previous Agreements thaLwere^ mailed to you.
Please sign, date and return the Memo of Agreement to:
Diane Huettl, Contracts Coordinator Office of Finance & Administration 238 Wigley Administration Center Minnesota State University, Mankato Mankato, M N 56001
I wi l l send you a signed copy of the Memo of Agreement after it is ful ly executed at Minnesota State University, Mankato.
If you have any questions, feel free to contact me at (507) 389-6623 or by email at [email protected].
Diane Huettl Contracts Coordinator
Enclosures
OFFICE OF T H E VICE PRESIDENT F O R F I N A N C E & A D M I N I S T R A T I O N
238 WIGLEY A D M I N I S T R A T I O N C E N T E R • M A N K A T O . M N 56001
P H O N E 507^389-6622 (V) • 800-627-3529 OR 711 (MRS/TTY) • FAX 507-389-6610
A member ol the Minnesota Stole Colleges and Universities System and on Affirmative ktion/Equal Opportunity University.
STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES
MEMORANDUM OF AGREEMENT
BETWEEN
M i n n e s o t a STATE COLLEGES & UNIVERSITIES
MINNESOTA STATE UNIVERSITY, MANKATO
AND
MC LEOD COUNTY PUBLIC H E A L T H NURSING
This Agreement is entered into between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of Minnesota State University, Mankato, 238 Wigley Administration Center, Mankato, M N 56001 (hereinafter "University"), and McLeod County Public Health Nursing, 1805 Ford Avenue, Suite 200, Glencoe, M N 55336 (hereinafter "Facility").
This Agreement and any amendments and supplements thereto, shall be interpreted pursuant to the laws of the State of Minnesota.
WITNESSETH THAT:
WHEREAS, the University has established a Baccalaureate Program in Nursing, with access points for entering freshmen, transfer students, associate degree RNs, diploma RNs; Master of Science in Nursing and Doctorate in Nursing Practice for qualified students preparing for and/or engaged in nursing careers; and
WHEREAS, the Board of Trustees of the Minnesota State Colleges and Universities is authorized by Minnesota Statutes, Chapter 136F to enter into Agreements regarding academic programs and has delegated this authority to the University; and
WHEREAS, the Facility has suitable clinical facilities in general nursing for the educational needs of the nursing programs(s) of the University; and
WHEREAS, it is in the general interest of the Facility to assist in educating persons to be qualified or better qualified nursing personnel; and
WHEREAS, the University and the Facility are desirous of cooperating to furnish a clinical experience program for students of nursing enrolled at the University;
NOW, THEREFORE, it is mutually agreed by and between the University and the Facility:
DEFINITIONS:
1. Clinical experience is on-site training at the Facility. The University offers several different types of clinical experiences depending on the program level of the student and the specific educational needs of the student. Such experiences may include, but are not limited to; observation, training
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supervised by a University faculty member, training supervised by a Facility employee, or preceptor experience.
2. Observation experience is defined as an experience where direct patient care will not be provided by the student. A Facility staff nurse will be present with the student on site. A University faculty member will not be present during the experience, but may be available by telephone/pager.
3. Preceptor experience is defined as follows:
A. A clinical preceptor (hereinafter Preceptor) is defined as "an expert nursing or medical clinician who engages in one-to-one teaching of the student within the context of the actual clinical setting; who teaches through demonstration of knowledge and skill and behaviors encompassed in the advanced practice roles; and who models collaborative practice behaviors." (Edmunds, 1983; Shamian & Inhaber, 1985; Shan & Polifroni, 1992)
B. "The clinical preceptorship experience is an assigned clinical activity under the supervision of a Preceptor. It takes place over a defined period of time and in a specific content area. Clinical activities are established by written clinical learning objectives and expected outcomes of the student." (Benner & Wrubel, 1982; Diekelmann, 1987; Hanson & Hilde, 1989)
[Definitions taken from the Preceptor Manual (1993), Virginia Commonwealth University/Medical College of Virginia School of Nursing and shared by the Collaborative Rural Nurse Practitioner Project, University of Minnesota, May, 1995.]
I. UNIVERSITY RESPONSIBILITIES
A . The University, which is accredited by the North Central Association of Colleges and Secondaiy Schools, is responsible for offering one or more of the following programs: a Baccalaureate Program in Nursing; a Baccalaureate Program for Registered Nurses; and Master of Science in Nursing and Doctorate in Nursing Practice. Each program shall be either: 1) approved by the Minnesota Board of Nursing; and/or 2) approved by the Minnesota Department of Health.
B. For undergraduate clinical experiences other than observations, the University wil l supervise its students during the clinical experience program at the Facility. The University will provide its nursing faculty to effectively implement the clinical experience program at the Facility. The University faculty so assigned will hold current R N licensure valid in the State of Minnesota.
For preceptor experiences, which are defined above, individual students may be assigned a licensed professional employed by the Facility who will be responsible for supervising the students.
C. The University faculty wil l be responsible for planning, directing and evaluating the students' learning experiences. The University faculty will attend the Facility's orientation for clinical experience instructors as deemed necessary by the University and the Facility.
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D. The University will provide the Facility, at its request, with objectives for the clinical experience program. Implementation of those objectives wil l be accomplished by the University in cooperation with the Facility's designated representative.
For preceptor experiences, the University faculty will interpret the education program to the Preceptor, shall consult with the Preceptor in planning student experiences, and shall review the kind and quality of work done by students. Prior to each block of preceptor experience, the University faculty wil l share with the Preceptor expectations and objectives of the clinical experience.
E. The University will provide the Facility with a list of the students who are participating in the clinical experience program, the units within the Facility where they are assigned, and the dates of each student's participation in the program. Each block of clinical experience will be planned in terms of the University academic calendar.
F. The University will inform its faculty and students of the Facility's policies and regulations which relate to the clinical experience program at the Facility.
G. The University will inform its faculty and the students who are participating in the clinical experience program that they are encouraged to carry their own health insurance and are responsible for carrying their own professional liability insurance i f professional liability insurance is not provided by the University.
H. The University will maintain a record of students' health examinations and current immunizations and shall obtain students' permission to submit data regarding their health status to the Facility.
I. The University agrees and represents that it will require all students and faculty to have completed a background study conducted in accordance with Minnesota Statues Chapter 245C, Human Services Background Studies, as a pre-condition to participation in the clinical experience. University will not assign a student or faculty member to the Facility if his/her background study documents ineligibility to have direct contact with Facility's patients or residents under applicable law or regulations. If requested, University shall provide the Facility with documentation regarding the completion or results of the background study pursuant to the written consent of the subject.
II. FACILITY RESPONSIBILITIES
A . The Facility will maintain current accreditation by the Joint Commission on Accreditation of Health Care Organizations or any other appropriate and required accrediting body.
B. The Facility is responsible for the safety and quality of care provided to its patients by the students who are participating in the clinical experience program at the Facility. In order to effectively fulfdl that duty, it is agreed that Facility has ultimate control over all persons involved in the program and may immediately terminate the participation in the program of any of the students enrolled in the program where an emergency exists involving health and safety; and in all other (non-emergency) instances, Facility shall consult with the University before taking any action to terminate the participation of a student.
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C. For Preceptor experiences:
1. The Facility shall appoint an appropriate clinical expert to act as a Preceptor for each student placed at the Facility. The Facility will provide clinical internship experiences for undergraduate and graduate nursing students from the University. Hours used for such student experiences may be day or evening depending on Facility preference and intern availability.
2. The Facility will assure University faculty and student's freedom to plan internship experiences to meet learning objectives in consultation with the Preceptor.
D. The Facility will provide the University with a copy of its policies and regulations which relate to the clinical experience program upon request or provide access to these documents in the clinical area.
E. The Facility will permit the University faculty and students to use its patient care and patient service facilities for clinical instruction according to a mutually-approved plan.
F. The Facility wil l allow a reasonable amount of Facility staff time for orientation and joint conferences with University faculty, for planning with University faculty, and for such other assistance as shall be mutually agreeable.
G. When available, physical space such as offices, conference rooms, and classrooms of the Facility may be used by the University faculty and students who are participating in the clinical experience program.
H . The University faculty and students participating in the clinical experience program wil l be permitted to use the Facility's library in accordance with the Facility's policies.
I. The Facility will make locker or cloak room facilities available for the University faculty and students during assigned clinical experience program hours. These facilities may be shared by other faculty and students.
J. The Facility assumes no responsibility for the cost of meals, uniforms, housing, parking or health care of University faculty and students who are participating in the clinical experience program. The Facility will permit University faculty and students who are participating in the clinical experience program to use any cafeteria on the same basis as employees of the Facility. The Facility will permit University faculty to use Facility parking spaces under the same policies governing Facility personnel.
K . The Facility recognizes that it is the policy of the University to prohibit discrimination and ensure equal opportunities in its educational programs, activities, and all aspects of employment for all individuals regardless of race, color, creed, religion, gender, national origin, sexual orientation, veteran's status, marital status, age, disability, status with regard to public assistance, or inclusion in any group or class against which discrimination is prohibited by federal, state, or local laws and regulations. The Facility agrees to adhere to this policy in implementing this Agreement.
L. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
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The Facility agrees that in fulfilling the duties of this Agreement, the Facility is responsible for complying with the American with Disabilities Act, 42 U.S.C. Chapter 12101 et seq., and any regulations promulgated to the Act. The University is not responsible for issues or challenges related to compliance with the A D A beyond its own routine use of facilities, services and other areas covered by the A D A .
III. MUTUAL RESPONSIBILITIES
A . The University and the Facility assume joint responsibility for the orientation of the University faculty to Facility policies and regulations before the University assigns its faculty to the Facility.
B. 11 IP A A
Solely for the purposes of defining the students' and faculty roles in relation to the use and disclosure of the Facility's protected health information, the University and faculty engaged in activities pursuant to this Agreement are members of the Facility workforce, as that term is defined in 45 CFR 160.103. The University students and faculty are not, and shall not be construed to be, employees of Facility.
The University shall cooperate with Facility in complying with its obligations as a HIPAA covered entity, including, but not limited to, complying with its policies and procedures under the HIPAA Privacy Regulations, 45 CFR parts 160 and 164. Prior to placement at Facility, the University shall instruct its students and faculty to comply with Facility's policies and procedures governing the use and disclosure of individually identifiable health information.
C. Personnel of the University and the Facility will communicate regarding planning, development, implementation, and evaluation of the clinical experience program. The communication may include but not be limited to:
a. Communication to familiarize Facility personnel with the clinical experience program's philosophy, goals and curriculum;
b. Communication to familiarize the University faculty with the Facility's philosophy, policy and program expectations;
c. Communication to keep both parties and the parties' personnel who are assigned to the clinical experience program informed of changes in philosophy, policies and any new programs which are contemplated;
d. Communication about jointly planning and sponsoring in-service or continuing education programs (if appropriate);
e. Communication to identify areas of mutual need or concern; f. Communication to seek solutions to any problems which may arise in the clinical
experience programs; and g. Communication to facilitate evaluation procedures which may be required for
approval or accreditation purposes or which might improve patient care or the University's nursing curriculum.
D. INSURANCE
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Each party, at its sole expense and at all times during the term of this Agreement, shall secure and maintain the following insurances (or comparable coverage under a program of self-insurance) covering itself and its employees who perform any work, duties or obligations in connection with this Agreement.
a. Commercial General Liability Insurance The University will maintain Commercial General Liability insurance in conformance with the Tort Claims limits set forth in Minn. Stat. 3.736, subd. 4, with limits not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage.
The Facility will maintain Commercial General Liability insurance in conformance with the Tort Claims limits set forth in Minn. Stat. Chapter 466, with limits not less than $500,000 per claimant and $1,500,000 per occurrence for bodily injury and property damage.
b. Professional Liability Insurance The University will maintain Professional Liability insurance for participating students (and faculty, i f applicable) or cause any student participating in the program to maintain Professional Liability insurance, with limits not less than $1,500,000 each claim and $3,000,000 aggregate.
The Facility will maintain Professional Liability insurance covering itself and its employees, agents or assigns with limits not less than $500,000 per claimant and $1,500,000 per occurrence.
If insurance covered by claims-made policies is discontinued, then extended reporting period coverage must be obtained and evidence of such coverage shall be provided to the other party.
c. Additional Conditions: Each party shall provide to the other party upon request certificates of insurance or self-insurance evidencing the required coverage.
If Facility receives a cancellation notice from an insurance carrier affording coverage herein, Facility agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Facility's policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the University.
Each party, at its sole expense, shall provide and maintain workers' compensation insurance as such party may be required to obtain by law. The University is self-insured for Workers' Compensation purposes, and any such insurance extends only to employees of the College/University, not to students.
IV. STUDENT REQUIREMENTS
A . Each student will be required, as a condition for participation in the clinical experience program, to submit the results of a health examination to the University and, i f requested, to the Facility, to verify that no health problems exist which would jeopardize student or patient welfare. The health examination shall include an update of required
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immunizations. The health examination shall include a Mantoux test or chest x-ray and verification of immunity for rubeola and rubella. A list of those students with positive Mantoux or negative rubeola/rubella results may, at the request of the Facility, be provided to the Facility.
B . Students participating in the clinical experience program shall be encouraged to carry their own health insurance.
C. Students participating in the clinical experience program shall be responsible for carrying their own professional liability insurance if professional liability insurance is not provided by the University.
V. EMERGENCY MEDICAL CARE & INFECTIOUS DISEASE EXPOSURE
A . Any emergency medical care available at the Facility wil l be available to University faculty and students. University faculty and students will be responsible for payment of charges attributable to their individual emergency medical care at either the Facility or the University.
B. Any University faculty member or student who is injured or becomes il l while at the Facility shall immediately report the injury or illness to the Facility and receive treatment (if available) at the Facility as a private patient or obtain other appropriate treatment as they choose. Any hospital or medical costs arising from such injury or illness shall be the sole responsibility of the University faculty member or student who receives the treatment and not the responsibility of the Facility or the University.
C. The Facility shall follow, for University faculty and students exposed to an infectious disease at the Facility during the clinical experience program, the same policies and procedures which the Facility follows for its employees.
D. University faculty and students contracting an infectious disease during the period of time they are assigned to or participating in the clinical experience program must report the fact to their University and to the Facility. Before returning to the Facility, such a University faculty member or student must submit proof of recovery to the University or Facility, i f requested.
VI. LIABILITY
Each party agrees that it 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 the other party and the results thereof. The University's liability shall be governed by the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable laws.
Vll . T E R M OF AGREEMENT
This Agreement is effective from July 27, 2012, or when fully executed, and shall remain in effect until July 26, 2017. This Agreement may be terminated by either party at any time upon one year written notice to the other party. Termination by the Facility shall not become effective with respect to students then participating in the clinical experience program.
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VIII. FINANCIAL CONSIDERATION
A . The University and the Facility shall each bear their own costs associated with this Agreement and no payment is required by either the University or the Facility to the other party, except that, where applicable, the Facility shall pay the tuition and other educational fees of students it places in the clinical experience program.
B. The Facility is not required to reimburse the University faculty or students for any services rendered to the Facility or its patients pursuant to this Agreement.
IX. AMENDMENTS
Any amendment to this Agreement shall be in writing and signed by authorized officers of each party.
X. ASSIGNMENT
Neither the University nor the Facility shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party.
XI. STATE AUDIT
The books, records, documents and accounting procedures and practices of the Facility relevant to this Agreement shall be subject to examination by the University and the Legislative Auditor.
XIE DATA PRIVACY
The Facility and University must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the University in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the Facility in accordance with this contract. The civil remedies of Minnesota Statute §13.08 apply to the release of the data referred to in this clause by either the Facility or the University.
In the event the Facility receives a request to release the data referred to in this clause, the Facility must immediately notify the University. The University will give the Facility instructions concerning the release of the data to the requesting party before the data is released.
The parties additionally acknowledge that the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g and 34 C.F.R. 99, apply to the use and disclosure of education records that are created or maintained under this agreement.
XIII. OTHER PROVISIONS
None.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
APPROVED: E FACILITY: M C LEOD COUNTY PUBLIC H E A L T H NURSING
Facility certifies that the appropriate person(s) have executed the Agreement on behalf of Facility as required by applicable articles, bylaws, resohdions, or ordinances.
By:
Title: lyt^C-^ x><wc
Date:
By:
Title:
Date:
2. UNIVERSITY: MINNESOTA STATE COLLEGES & UNIVERSITIES MINNESOTA STATE UNIVERSITY, MANKATO
Recommended:
By: Dr. Kristine Retherford
Title: Dean of the College of A l l i ed Health & Nursing
Date:
Approved:
By: Richard J. Straka
Title: V . P . of Finance & Administration
Date:
3. AS TO FORM AND EXECUTION:
By: Vickie Hanson
Title:
Date: Office Administrator
Nursing Memorandum of Agreement 1602111 Revised 4/2011
