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HomeMy WebLinkAbout2013-11-18 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday,November 18,2013 7p.m. Council Chambers -Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval ofMinutes: a.October 21, 2013 5.Unfinished Business a.Green Building Code b.Maplewood Recycling Program -Recycling Contract and Recycling Carts c.Tree Ordinance –To Be Continued December 2013 6.New Business a.Annual Sustainability Report 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.Updates on the Mississippi Critical Area Rulemaking b.Maplewood Nature Center Programs 10.Adjourn Agenda Item 4a MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,October 21, 2013 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:01 p.m.by Chair Johannessen. 2. ROLL CALL Randee Edmundson, Commissioner Present Judith Johannessen, Chair Present Ann Palzer, Vice Chair Presentat 7:20 p.m. Cindy Schafer, Commissioner Present Dale Trippler, Commissioner Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Trippler added 8.a. to discuss a Minneapolis Star and Tribune newspaper article called Saving the Great North Woods. CommissionerTripplermoved to approve the agenda as amended. Seconded by CommissionerEdmundson. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerTripplermoved to approve theSeptember 16,2013, Environmental and Natural Resources Commission Meeting minutes as submitted. Seconded by CommissionerEdmundson. Ayes – Commissioners Edmundson, Palzer, Schafer, Trippler,& Yingling Abstention – Chair Johannessen The motion passed. 5. NEW BUSINESS a.Wetland Buffer Waiver for the Maplewood Fire Station No. 1 (McKnight Road South of Minnehaha Avenue) i.Environmental Planner Finwall gave the report on the wetland buffer waiver for the Maplewood Fire Station No. 1. October 21, 2013 1 Environmental and Natural Resources Commission MeetingMinutes The commission had the following questions or comments on the wetland buffer waiver: Will 3M still construct the trail around the wetland? If so, the ENR Commission would like another opportunity to review the trail plans since the Fire Station and 3M Research Center property were both part of the mitigation strategies for the initial trail. Both of those properties are being developedand not available for mitigation. Is the trail still a semi private trail versus apublictrailnow that it will be constructed so close to the Fire Station? For safety the applicant should consider moving the southern driveway further south to line up with the road across the street. This would unfortunately require the removal of several large treesbut would create a safer exit. The Commission expressed support for the condition that plugs be planted in the rainwater garden rather than just seeding. The Commission inquired about the Green Building Code and requested that the building department give them an update on the new code. The Commission would also likea tour of the City’s first Green Building once it is complete. CommissionerTripplermoved toapprove the wetland buffer waiver for the Maplewood Fire Station No. 1 (McKnightRoad South of Minnehaha Avenue) with the following conditions: 1.After grading and planting of the site the applicant must install city approved wetland signs at the edge of the approved wetland and creek buffer that specify that no building, mowing, cutting, grading, filling or dumping be allowed within the buffer. The signs must be placed every 100-feet along the edge of the buffer at a minimum. The placement of these signs must be verified with a survey to ensure proper placement. 2.Maintenance of the native wetland buffer plants to ensure establishment within a three-year period. Seconded by CommissionerYingling.Ayes –All Commissioner Trippler stated that he approved the wetland buffer waiver because it involves minimal grading into the buffer in order to meet the grades of the 3M trail. The motion passed. This item goes to the city council on October 28, 2013. b.Resolution of Appreciation For Carol Mason Sherrill i.Environmental Planner Finwall gave the reporton the resolution of appreciation for Carol Mason Sherrill who resigned from the Commission.Ms. Mason Sherrill served on the Commission and the Committee for almost ten years. Commissioner Yingling moved to approve the resolution of appreciation for Carol Mason Sherrillfor her years of service on the Environmental and Natural Resources Commission. Seconded by Commissioner Trippler.Ayes –All The motion passed. October 21, 2013 2 Environmental and Natural Resources Commission MeetingMinutes 6.UNFINISHED BUSINESS a.Tree Policies –Updates to Tree Ordinance and Policies i.EnvironmentalPlanner Finwall gave the update on the tree ordinance and policies. The commission had the following questions or comments on the tree ordinance: The ordinance should include the word shall, not should. Specimen trees –we should review the measurement requirements for specimen trees. There should be language which encourages people to keep dead trees for habitat, but ensure the trees are removed if they pose a safety hazard. The definition of caliper inches and diameters are not consistent and creates confusion about measurement of trees. Is the term significant natural feature used anywhere else in the ordinance? Is 15 days enough time to allow an applicant to appeal staff’s decision on a woodlot alteration permit? The escrow section says the City will release the money once the trees are planted, but our ordinance requires that the trees be maintained for two years. We should add language about emergency tree removal and licensing after storms. Staff will make the changes to the tree ordinance. In November the Natural Resources Coordinator will be present to begin discussing the diseased tree section of the ordinance. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS a.Newspaper Article on Saving the Great North Woods Commissioner Trippler discussed anarticle in the October 21, 2013, Sunday Minneapolis Star and Tribune newspaper. The article discusses the impacts climate change will have on our northern forests. 9.STAFF PRESENTATIONS a.Updates on the Maplewood Recycling Program 1)Ramsey County Public Innovation Grant The City of Maplewood was awarded a $100,000 grant to cover the cost of recycling carts. Review of the final grant agreement and the City Council approval will take place November 28, 2013. October 21, 2013 3 Environmental and Natural Resources Commission MeetingMinutes 2)Composite Study Commissioner Yingling discussed the recycling composite study which took place Saturday, October 12, 2013. Tennis collects recyclables for one week and then sorts them to determine the percentage of recyclables collected in each category. b.Nature Center Programs i.Environmental Planner Finwall presented the upcoming Nature Center Programs. For more information contact the Nature Center at (651) 249-2170. 10.ADJOURNMENT Chair Johannessen adjourned the meeting at 8:31p.m. October 21, 2013 4 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 5a MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Nick Carver, Assistant Building Official Shann Finwall, Environmental Planner DATE: November 13, 2013,for the November 18 ENR Meeting SUBJECT: Green Building Code Introduction In 2012 and 2011 the Environmental and Natural Resources (ENR) Commission was introduced to theMaplewood Green Building Code. The main components of the code are the International Green Construction Code and the National Green Building Standards.The Code will allow the City to lead by example in promoting green building practices. Background International Green Construction Code Since the ENR Commission’s review of the code the building inspection division partnered with the International Code Council to assist in the development of the National Green Building Standards for residential buildings and the International Green Construction Code for commercial buildings. On May 1, 2012, the 2012 International Green Construction Code (IgCC) publicationwas released. Following is a condensed outline of the standards and code, as well as some commonly asked questions: 1.The code should promote green building construction in all property zones. Thiscode will accomplish these goals by including all occupancy groups, construction types and property zones. 2.The green building code is mandatory for all city-owned and city-financed buildings. City-owned buildings and projects are covered as “mandatory” by this code. City- owned existing buildings will be prioritized for compliance with the 2012 IgCC Chapter 10. All city-financed buildings and projects will be considered by the City Manager, or designee, and approved by the city council to determine inclusion in this green building program. 3.How does the codeaddress the city’s existing buildings? City-owned existing buildings and projects will be prioritized for compliance with the 2012 IgCC Chapter 10. Compliance of all city buildings up to 10 years from adoption date. 4.National Green Building Standards (residential) content. 5.International Green Construction Code (commercial) content. 6.How does the incentive plan function? The Community Development Director and Building Official shall annually consider an incentive plan. The Community Development Directorand Building Official shall establish a budget item for the “Maplewood Green Building Program”. The Community Development Director and Building Official shall establish the residential performance level and monetary incentive rewards. The Community Development Director and Building Official shall establish “certificates of compliance” to be awarded. The Community Development Director and Building Official shall establish a community recognition agenda profile. City Council Approval On September 23, 2013, the Maplewood City Council adopted the Maplewood Green Code. The following table summarizes opportunities for the city to customize the 2012 IgCC beyond the minimum requirements and meet local environmental priorities. A response to all categories isrequired to be addressed. TABLE 302.1 REQUIREMENTS DETERMINED BY THE JURISDICTION SectionSection Title or Description and DirectivesJurisdictional Requirements CHAPTER 1.SCOPE Detached one-and two-family dwellings and multiple 101.3 single-family dwellings (town-houses) not more than X Yes Exception three stories in height above grade plane with a No 1.1separate means of egress, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. 101.3 Group R-3 residential buildings, their accessory X Exception structures, and the site or lot upon which these buildings YesNo 1.2are located, shall comply with ICC 700. Group R-2 and R-4 residential buildings four stories or X No 101.3 less in height above grade plane, their accessory Yes Exception structures, and the site or lot upon which these buildings 1.3are located, shall comply with ICC 700. CHAPTER 4.SITE DEVELOPMENT AND LAND USE XNo 402.2.1Flood hazard area preservation, generalYes XNo 402.2.2Flood hazard area preservation, specificYes X 402.3Surface water protectionYesNo X 402.5Conservation areaYesNo X 402.7Agricultural landYesNo XNo 402.8Greenfield sitesYes XNo 407.4.1High-occupancy vehicle parkingYes X 407.4.2Low-emission, hybrid and electric vehicle parkingYesNo X 409.1Light pollution controlYesNo 2 CHAPTER 5.MATERIAL RESOURCE CONSERVATION AND EFFICIENCY 50% 503.1Minimum percentage of waste material diverted from 65% X landfills75% CHAPTER 6.ENERGY CONSERVATION, EFFICIENCY AND CO²EMISSION REDUCTION na 302.1, zEPI of Jurisdictional Choice –The jurisdiction shall Occupancy: na zEPI: 302.1.1, indicate a zEPI of 46 or less in each occupancy for 602.1which it intends to require enhanced energy performance. XNo 604.1Automated demand response infrastructureYes CHAPTER 7.WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY X 702.7Municipal reclaimed waterYesNo CHAPTER 8.INDOOR ENVIRONMENTAL QUALITY AND COMFORT X 804.2Post-Construction Pre-Occupancy Baseline IAQ TestingYesNo XNo 807.1Sound Transmission and sound levelsYes CHAPTER 10.EXISTING BUILDINGS X 1007.2Evaluation of existing buildingsYesNo 1007.3Post Certificateof Occupancy zEPI, energy demand, X No Yes and CO²emissions reporting The following is an explanation to thetable response. CHAPTER 1. Scope This chapter indicates that the National Green Building Standards will be the base document for detached one-and two-family dwellings, multiple single-family dwellings (townhouses) not more than three stories in height. Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located. Group R-2 and R-4 shall comply with the 2012 International Green Construction Code as a base document. CHAPTER 4. Site Development and Land Use The requirements listed are considered covered and protected by current city ordinances as established by Public Works and Community Development departments. Indicating a “no” answer allows those departments to operate as established. 3 CHAPTER 5.Material Resource Conservation and Efficiency The IgCC minimum requirement is that not less than 50% of nonhazardous construction waste be diverted from landfill disposal.Research indicates that the city of Maplewood and the state of Minnesota have ample waste management resource programs to increase this requirement to a minimum of 75%. CHAPTER 6. Energy Conservation, Efficiency and CO2 Emission Reduction The city of Maplewood has not deleted IgCC Chapter 6 but rather has deemed this Chapter 6 as optional.The 2012 International Energy Conservation Code will typically be used as the base document for all energy related issues.No increase is necessary. CHAPTER 7. Water Conservation Municipal reclaimed water is not available to the city of Maplewood at this time.No increase is necessary. CHAPTER 8. Indoor Environmental Quality and Comfort The city of Maplewood agrees that the base document minimums meet all the requirements necessary for indoor air and sound transmission quality. CHAPTER 10.Existing Buildings All city of Maplewood owned buildings and city of Maplewood financed buildings shall meet the requirements specified in 2012 IgCC Section 1007.2.As part of Maplewood’s sustainability goals all “covered” buildings shall be brought into compliance with this code.“Covered” existing buildings will be prioritized for compliance. EXCEPTIONS AND DELETIONS TO THE BASE DOCUMENTS 1.2012 International Green Construction Code Section 101.3, exception 4 shall be deleted. NOTE: This deletion prevents ASHRAE 189.1 as an optional design choice compliance path. 2.2012 International Green Construction Code Section 301.1.1 shall be deleted.NOTE: This deletion prevents ASHRAE 189.1 as an optional design choice compliance path. 3.2012 International Green Construction Code Chapter 6 shall be an optional chapter. Chapter 6 or the 2012 International Energy Conservation Code shall be used, but not both or portions of both. Recommendation Nick Carver, Assistant Building Official, will be present during the November 18 ENR Commission meeting to give the Commission an update on the Green Building Code. Attachment Green Building Code 4 Attachment 1 ORDINANCE NO. 933 AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING THE GREEN BUILDING PROGRAM The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new green building ordinance which will be placed in the Building Chapter (Chapter 12) of the city code. Section 1. Scope. This ordinance applies to the regulations of “green building” within the City of Maplewood, Ramsey County, Minnesota. This ordinance focuses on residential, commercial and industrial buildings in the City of Maplewood.This ordinance applies to City of Maplewood owned and financed buildings as determined by the City Manager and approved by the City NOT Council.Other buildings within the City of Maplewood are subject to the code provisions of this ordinance unless the building owner or representative accepts these provisions as a volunteer commitment.The City of Maplewood shall establish an incentive plan for private property choosing the voluntary commitment. Section 2. Purpose and Intent. It is the goal of the City of Maplewood to provide green building program provisions consistent with the scope of a green construction code.This green building program is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants.The green building program is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances. Section 3. Base Documents. a.ICC 700-2008 National Green Building Standards. This Standard applies to detached one and two-family dwellings and multiple single family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located.This Standard shall also be used for subdivisions, building sites, alterations, additions, renovations, mixed-use residential buildings, and historic buildings, where applicable. b.2012 International Green Construction Code . Theprovisions of this code shall apply to the design, construction, addition, alteration, change of occupancy, relocation, replacement, repair, equipment, building site, maintenance, removal and demolition, of every building or structure or any appurtenancesconnected or attached to such buildings or structures and to the site on which the building is located. 5 TABLE 302.1 c. REQUIREMENTS DETERMINED BY THE JURISDICTION (MAPLEWOOD) SectionSection Title or Description and DirectivesJurisdictional Requirements CHAPTER 1.SCOPE Detached one-and two-family dwellings and multiple 101.3 single-family dwellings (town-houses) not more than X Exception three stories in height above grade plane with a YesNo 1.1separate means of egress, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. 101.3 Group R-3 residential buildings, their accessory X Yes Exception structures, and the site or lot upon which these buildings No 1.2are located, shall comply with ICC 700. Group R-2 and R-4 residential buildings four stories or X 101.3 less in height above grade plane, their accessory YesNo Exception structures, and the site or lot upon which these buildings 1.3are located, shall comply withICC 700. CHAPTER 4.SITE DEVELOPMENT AND LAND USE X 402.2.1Flood hazard area preservation, generalYesNo XNo 402.2.2Flood hazard area preservation, specificYes XNo 402.3Surface water protectionYes XNo 402.5Conservation areaYes X 402.7Agricultural landYesNo X 402.8Greenfield sitesYesNo XNo 407.4.1High-occupancy vehicle parkingYes XNo 407.4.2Low-emission, hybrid and electric vehicle parkingYes XNo 409.1Light pollution controlYes CHAPTER 5.MATERIAL RESOURCE CONSERVATION AND EFFICIENCY 50% 503.1Minimum percentage of waste material diverted from 65% X landfills75% CHAPTER 6.ENERGY CONSERVATION, EFFICIENCY AND CO²EMISSION REDUCTION Occupancy: na 302.1, zEPI of Jurisdictional Choice –The jurisdiction shall na zEPI: 302.1.1, indicate a zEPI of 46 or less in each occupancy for 602.1which it intends to require enhanced energy performance. XNo 604.1Automated demand response infrastructureYes CHAPTER 7.WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY X 702.7Municipal reclaimed waterYesNo 6 CHAPTER 8.INDOOR ENVIRONMENTAL QUALITY AND COMFORT 804.2Post-Construction Pre-Occupancy Baseline IAQ TestingYesXNo X 807.1Sound Transmission and sound levelsYesNo CHAPTER 10.EXISTING BUILDINGS XYes 1007.2Evaluation of existing buildingsNo 1007.3Post Certificate of Occupancy zEPI, energy demand, X YesNo and CO²emissions reporting dEXCEPTIONS AND DELETIONS TO THE BASE DOCUMENTS. . 1.2012 International Green Construction Code Section 101.3, exception 4 shall be deleted. 2.2012 International Green Construction Code Section 301.1.1 shall be deleted. 3.2012 International Green Construction Code Chapter 6 shall be an optional chapter. The 2012 InternationalEnergy Conservation Code shall be used, but not both or portions of both. Section 4. General Ordinance Provisions a.Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall be held to the minimum requirements for the protection of public health, safety and general welfare as determined by the Building Official. b.Conflict Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.Where, in any specific case, different sections of the code specify different materials, methods of construction or other requirements, the most practical requirement to meet the intent of the code shall govern.The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. Section 5. Ordinance Placement. a.12-41 7 The city councilapproved the first reading of this ordinance on. The city council approved the second reading of this ordinance onSeptember 28, 2013. Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk 8 Agenda Item 5b MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: November 13, 2013, for the November 18 ENR Commission Meeting SUBJECT: Maplewood Recycling Program –Recycling Contract and Recycling Carts Introduction Maplewood’s recycling program offers the collection of recycling to 11,345 single family homes and 4,170 multi-family homes (15,515 total). Recycling is picked up curbside in an 18-gallon recycling bin once a week, following the City’s five day-certain recycling pick up schedule. TennisSanitation, LLC,was awarded Maplewood’s recycling contract in the fall of 2010 for service beginning January 1, 2011. The contract runs for a period of three years (ending 2013) with the possibility of two one-year extensions. Tennis currently charges the City $1.75 per unit per month for recycling service. The contract expires December 31, 2013. Background During the January 2013 Environmental and Natural Resources (ENR) Commission meeting, the commission recommended that staff begin negotiations with Tennis for an extension of the recycling contract. Staff negotiated three contract scenarios including the use of the City’s existing recycling bins, contractor-supplied recycling carts, and City-supplied recycling carts. Since that time all three scenarios were presented to the City Council for review. The City Council expressed support for the conversion to recycling carts; however, there was not aconsensus on which cart scenario to choose - contractor-supplied or City-purchased carts. Because the recycling contract will expire at the end of the year, the City Council directed staff to finalize the contract with language that would allow for the switch to carts in the future (either contractor-supplied or City-purchased carts). On September 9, 2013, the City Council approved a contract with Tennis for City-wide residential recycling. The Contract extends recycling collection with Tennis for two more years (2014 and 2015) beginning January 1, 2014. Recyclables will continue to be collected curbside in the City’s existing recycling bins, with language in the contract that will allow the City to convert to recycling carts (either contractor-supplied or City-supplied) at any time during the term of the contract. This report updates the ENR Commission on Tennis’ contractand the feasibility of converting to recycling carts for the collection of recyclables in the City’s recycling program. Discussion Cart Pilot Project Tennis’ 2012 work plan included a cart pilot project. The project compared recycling participation and rates with the use of recycling bins versus the use of 65 gallon recycling carts over a twelve-month period. Included in the project were 213 single family residential properties located within the City’s Wednesday recycling route (north of Beam Avenue to County Road D, and west of Highway 61 to Walters Street). The project tracked the number of residentsthat do not place their recycling out on a weekly basis(not-outs) andweight (in tons) per month. Tennis summarized the project in the attached report dated May 6, 2013 (Attachment 1). Analysis of the project showsthat with the use of the recycling carts, volume of recyclables increased by 37 percent and not-outs decreased by 33 percent (which signals an increase in overall participation). City staff published an article on the Cart Pilot Projectin the June edition of Maplewood Monthly. The article recommended that residents contact the City with their comments on recycling carts and the City’s recycling program. Since that time staff has received 42 e-mails and telephone calls with comments from residents (Attachment 2). A majority of the residents commenting are supportive of the conversion to recycling carts, even if it means a slight increase in recycling rates. Recycling Carts Cart Purchase The results of the cart pilot project have shown an increase in recycling tonnage and participation. With this information and the fact that the City recently negotiated pricing for carts fortheCity’s trash service, the City should consider the purchase of recycling carts for its recycling program. Staff negotiated pricing with two cart manufacturers through HGAC BuyBoard Cooperative Purchasing. During the initial cart negotiationsin the spring,staff estimated that the City would need 12,550 recycling carts for curbside recycling service. The carts would include 65 gallon carts for a majority of the households, and 32 gallon carts for smaller households. Theywould be manufactured with up to 50 percent post consumer waste product, black in color with a different color lid to represent recycling, and include radio frequency identification devices (RFID) installed for future cart and customer service tracking. Tennis does not currently have RFID readers installed in their trucks, but the City should pre-install the RFIDs for future recycling contracts and to save money on retrofitting carts with RFIDs in the future. Following are the price quotes receivedlast spring: Cart Cost Estimate Contractor(carts, RFID, freight –no tax included) Otto Environmental Systems$462,284 The City purchased trash carts through Otto in 2012. Otto’s estimate includes the same price per cart as offered for the trash carts last year. Rehrig Pacific Company$517,133 Tennis currently uses Rehrig carts in their trash and recycling collection in other cities. Cart Delivery In the springTennis, Otto, and Rehrig submitted estimates for cart assembly and delivery. This would include staging of carts once shipped, assembly of carts, delivery to homes, and scanning all cart RFIDs upon delivery for future contracts. Estimates range from $4.15 to $4.55 per cart, or $52,082 to $57,102 total. 2 City Council Request for Additional Information on the Purchase of Carts During a City Council workshop in May, the City Council directed staff to review the City- supplied recycling cart option and bring back additional information for review. Staff obtained technical assistance from Ramsey County’s Public Entities Technical Assistance Program (TAP). The City and County have retained Foth Infrastructure and Environment, LLC, to provide technical consultant services as a part of the County and City recycling collection system planning and implementation.To research the City-supplied recycling cart option further, staff requested Susan Young of Foth to review the following questions: 1.What will be the estimated additional revenue sharing that may be derived from the single-stream carts as presented in the Tennis proposal? 2.Of the two recycling cart quotes received through the HGAC National Purchasing Cooperative, which is in the City’s long term interests? 3.What number of carts should be purchased; what will the total purchase price be? 4.Should Radio Frequency Identification Devices (RFID) tags be installed in recycling carts? Evaluate the future costs/benefits to the City of RFID tags potentially used in the recycling program. As appropriate, incorporate the RFIDtag specifications into the cart purchase specifications. 5.Should the City pre-install RFID tags in recycling carts purchased? 6.How will the estimated cart costs and proposed revenue share affect the price that Maplewood charges for recycling services to its residential customers? Susan Young researched the questions and submitted the attached report dated July 15, 2013 (Attachment 3).The City Council reviewed the report on July 22, 2013, during a City Council workshop.During the workshop the City Council expressed support for the conversion of the City’s recycling program from recycling bins to recycling carts. However, there was not a consensus on which cart option to proceed with, contractor-supplied or City-supplied carts. Recycling Contract Recycling Collection Scenarios Staff hadnegotiated three contract extension scenarios including the use of the City’s existing recycling bins, contractor-supplied recycling carts, and City-supplied recycling carts as follows: 1.Use of Existing Recycling Bins -Tennis proposed no increase to recycling rates for two years with the continued use of City-supplied recycling bins. The rate would remain at $1.75 per household per month for the first two years of a contract extension (2014 and 2015) and $2.00 per household per month for two additional extensions (2016 and 2017). 2.Contractor-Supplied Recycling Carts -Tennis proposed to supply recycling carts for Maplewood residential properties with at least a four-year contract. Cost of the contract would be $2.50 per household per month for the first two years of the contract (2014 and 2015) and $2.75 per household per month for two additional years (2016 and 2017). 3.City-Supplied Recycling Carts -If the City purchases recycling carts, Tennis proposes no increase to recycling rates, remaining at $1.75 per household per month for a two-year 3 extension (2014 and 2015) with the possibility of two additional one-year extensions. The updated estimate for the cost of cartsis $553,000 (including taxes and distribution). To cover the cost of the carts the City would need to charge a fee to residents estimated at $.75 per household per month. Additionally, the City will capture 70 percent of the revenue earned for any increases in tonnage of materials collected with the use of recycling carts over tonnage collected that month in 2012 with the use of recycling bins. The City Council directed staff to add language into the contract which would allow the City to convert to recycling carts (either contractor-supplied or City-supplied) for the collection of recyclables any time during the term of the contract.This would combine all three scenarios mentioned above to include a two-year contract with the use of existing recycling bins and no increase in recycling rates unless the City converts to recycling carts. In this case the contract term and rates would reflect scenarios 2 (contractor-supplied carts) or 3 (City-supplied carts). The City Council approved of the contract with this language on September 9, 2013(Attachment 4). Other Contract Changes Following are highlights of other changes made in addition to the recycling collection scenarios outlined above: Language which allows churches and small businesses to opt into the City’s recycling program at a cost of $1.75 for the first two 95 gallon carts and $1.75 per cart per month thereafter. Removal of the maximum truck weight of 40,000 pounds to allow Tennis to switch to automated collection trucks. Change in recycling collection start time from 7 a.m. to 6 a.m. to match City Code and the City’s trash hauling contract. A requirement that the Contractor conduct ayearly household participationanalysis. The Contractor will then target nonparticipating households with educational material approved by theCity. Ramsey County Grant Ramsey County has indicated that it will be requiring all cities in the County to step up residential recycling rates to comply with Minnesota Pollution Control Agency requirements for the County and in accordance with Ramsey County Solid Waste Master Plan. Maplewood, in particular, has been identified by the County as having low residential recycling rates. There are 16 cities in Ramsey County. Nine of those cities collect recycling in a single-sort method. Of those nine cities, Maplewood is the only City that collects single-sort recycling in a bin.During 2010 and 2011,Maplewood ranked last for pounds of recycling per household and pounds per person compared to all other communities. The County also reports that Maplewood’s municipal recycling fee per dwelling unit is low compared to other communities. The range of municipal yearly recycling rates in 2012 was $24 to $76.18 in Ramsey County. Maplewood’s yearly rate in 2012was $26.64. For the reasons stated above, Ramsey County is very supportive of the City’s efforts to increase recycling rates with the conversion to recycling carts.After reviewing the City’s recycling contract scenarios, the County recommended that the City apply for a Public Entity Reduction andRecycling Grant for the purchase of recycling carts. The project provides up to $100,000 to cities for the purpose of creating and implementing innovative programs to increase source reduction and residential recycling efforts. Funding is intended to initiate and defray initial capital, start up, and educationandpromotional costs for implementation of activities. 4 In September the City applied for the Public Entity Reduction and Recycling Grant to offset the cost of recycling carts and decrease the fee charged to residents. The award of the grant to the City would reduce the initial cart cost, which was estimated in Septemberat $553,000 (including taxes and distribution), to $453,000. The reduction in cart cost would decrease the recycling rate fee of $.75 per household per month to approximately $.61 per householdper monthto cover the cost of the carts.Included as part of the City’s grant submittal was a list of advantages to Cities purchasing recycling carts as outlined in Attachment 5 and highlighted below: cost savings continuing cost upon contract extensions or renewals control of hauler performance city chooses the cart appearance and quality control of subsequent bids reminder of city managed service, and lowest total cost of ownership In October Ramsey County notified the City that they have completed their review of the City’s grant proposal and is recommending funding in the amount of $100,000for the purchase of recycling carts.The County stated that the purchase of recyclingcarts by a City represents an innovative approach to increasing recycling. The grant award is subject to Ramsey County Manager approval, which could take 6 to 12 weeks to finalize. Based on that timeline, the City Council had requested that the grant agreement be presented to themfor final review on November 28, 2013. Recommendation The City Council is scheduled to review the Public Entity Reduction and Recycling Grant agreement on November 28, 2013. The agreement awards the City of Maplewood $100,000 for the purchase of recycling carts. The $100,000 award will reduce the City’s initial cart cost, estimated at $553,000 (including taxes and distribution), to $453,000.The reduction in cart cost would decrease the recycling rate fee of $.75 per household per month to approximately $.61 per householdper month to cover the cost of the carts. In January 2013 the Environmental and Natural Resources Commission recommended that the City Council consider converting the City’s recycling program to recycling carts. It is recommended that the Commission review the additional recycling cart information received since January and make a recommendation on the following recycling collection scenarios: 1.Conversion of the City’s recycling program to recycling carts: a.City purchased carts with the Ramsey County Public Entities grant funding $100,000to offset the cost of the carts. Under this scenario the recycling contract continues for two years at a cost of $1.75 per household per month with the City receiving 70 percent cost share for recycling tonnage over that collected with bins. The City owns the cartsand Tennis or future contractors would store, maintain,and managethe cart inventory. b.Contractor-supplied carts with Tennis Sanitation, LLC,rolling out carts to the City’s residential properties. Under this scenario the contract would have to be extended for an additional two years, ending 2017, at a cost of $2.50 per household per month for the first two years and $2.75 per household per month for the remaining portion of the contract.No revenue share. The City leases the 5 carts from Tennis as part of the contract, with the carts being removed once the contract ends. 2.Continue collecting recyclables in the City’s 18-gallon recycling bins. Under this scenario the contract continues for two years at a cost of $1.75 per household per month.The City continues to purchase and distribute 18-gallon recycling bins to residents. Attachments 1.Cart Pilot Project 2.Resident Comments on the City’s Recycling Program 3.Susan Young, Foth Infrastructure and Environment, Recycling Cart Report 4.Maplewood Residential Recycling Contract (2014-2015) 5.Advantages to Cities Purchasing Recycling Carts 6 Attachment 1 ʹͲͳ͵ ƒ’އ™‘‘†‡…›…Ž‹‰‹Ž‘–‡’‘”– Greg & Willie Tennis Tennis Sanitation 5/6/2013   May 6th, 2013    City of Maplewood Maplewood, MN 55109 1830 County Road B E Dear City of Maplewood, This recycling pilot report has been prepared for the City of Maplewood. The report contains summaries of recycling data for single family homes that were chosen to perform a recycling pilot study using recycling carts. The data in this report will assist us in developing a better understanding how using carts for recycling impacts the Our goal is to develop future strategies to enhance the recycling programs already in place. Sincerely, Greg and Willie Tennis Tennis Sanitation   Maplewood recycling pilot report 2012 page 2 PILOT RECYCLING REPORT DATA SUMMARY During the 12 month period we had monitored data for participation and volume by weight. NON-PARTICIPATION (UNITS PER MONTH AVERAGE) Maplewood recycling pilot report 2012 page 3 TONNAGE (VOLUME BY WEIGHT) TOTAL PER MONTH Maplewood recycling pilot report 2012 page 4 RECYCLING PILOT DATA The Single Family Data was compiled from the 214 single family homes for a 12 month period. We have -out From this data, we were also able to illustrate the weight (in tons) per month. In analyzing the pilot project data, we are able to provide the following observations: Tons of recycling per month ranged from 4.05 tons to 7.19 tons per month In comparison from the 1st six months (with bins) to the 2nd six months (with carts) the average volume of tonnage increased 37%. In comparison from the 1st six months (with bins) to the 2nd six months (with carts) the average not-outs decreased by 33%. Which signals an increase in overall participation. SUMMARY RECYCLING PILOT REPORT The 2012 Maplewood Year-end Recycling Pilot Reportprovides up-to-date information from recycling activities over the past year. Each section of this report reflects the various ways data was collected, entered and calculated to contribute to meeting our goals. We are confident that this report provides a good indicator of how we can enhance our recycling program through usage of carts. The carts provide us creative ways to overcome problems with how to increase recycling volumes, as well as addressing ways to increase recycling participation. Attachment 2 Maplewood Recycling Cart Comments Received from Maplewood Residents July through September 2013 Supportive of Recycling Carts Telephone Calls Received 1.Sharon Boekhoff, 3069 Susan Court North. Even a $1 increase per month would be worth it. If it is a windy day there is junk in the street. I live in a townhome. The cart would take up the same footprint as a bin. Space wise it wouldn’t be a big issue. We’ve talked about it and the pilot project is a no brainer. 2. Janice Johnson, 3089 Chisholm Court North. Had another bin delivered so she could separate recyclables back in the dual sort days. She still sorts to keep the bins more orderly. If the bins are full the bins are heavy to carry. As she gets older that will be a problem. She is good about washing out the bin, but sometimes there is still scent in there and it attracts critters. I don’t like to put the bin out the night before if it is raining. That makes the bin and materials heavier which is harder on the driver. When it is windy things blow down the street. Her brother lives in Minnesota City and they have carts for recycling. It would be much better if the city purchased the carts. We are long overdue. More people will recycle. 3. Chris Hetland, 2587 Flandrau Street. Carts would be good for residents. Residents would find that they would recycle more rather than throw stuff away because there isn’t enough room in the bin. It will reduce litter with the use of the carts. Very beneficial to city residents. Even with a slight increase in recycling rates if it is a few more dollars. Living in a different city prior to Maplewood they had carts, and now they are back to bins. He thought most cities have graduated to carts. Also, glad the City streamlined garbage. 4. Dave Arnold, 570 Marnie Street. Has three red bins. If there is any type of wind everything gets blown away. I am willing to pay extra for the carts. When will we see the new carts. City purchase carts seems to make the most sense. Pleased to pay the $.75 per month. 5. Kathy Melander, 458 South Sterling Street. Husband was volunteer fire fighter. Would love to have the covered carts. She spends every single Friday picking up all of the recyclables that blew away from neighbor’s bins. She has adopted a park – Vista Hills. If people had more capacity and if it was covered it would not be flying all over. Her children live in Cottage Grove and they have carts and love it. Our neighborhood would be very supportive. Supportive of increase in rates to cover cost of carts. It is nice to have one truck now with the new trash system. We are saving money. 6. Matt Ledvina, 1173 Lakewood Drive South. Cars would be more sanitary and allow more capacity for recyclables. When your bin is overflowing – some people trash the materials. Neighborhood cleanliness. Even with slight increase in rates. With our substantial decrease in trash service, willing to pay slight extra for a higher level of recycling. Storage issues could be a problem. 7. Jack Flarherty, 735 Mary Street North. Wouldn’t mind Maplewood purchasing recycling carts or any carts for that matter. It would reduce litter. We are stuck with these stupid little bins. I don’t recycle that much because the material blows away. You can only fit some recyclables in the bins. I do support the carts, but think the City should eat the 75 cents. 8. Dean Simonet. Lived in North St. Paul and appreciated when they switched to the carts because it is easier to wheel to the curb and things don’t blow away. With the city owning carts it would be a better deal. Nobody likes an increase in their bill. 9. Sue Ogren and Naomi Anderson. Supportive of carts. They are easier to move. 10. Charles Deitz, 1775 Clarence Street. Carts can become a problem delivering the mail. Automated arms have a problem. Use of carts is a good idea. A good wind picks up and it causes litter. I would not have anything more than I currently do. I like the idea of one trash company going up and down the street. So does his cat – who hates trash trucks. It worked better. 11. Janice Hoppe, 1675 County Road C. Janice purchased her own wheeled cart. She had called Tennis prior to the purchase and they said they would pick up recyclables in that cart. Her cart prevents the recyclables from blowing away on windy days, keeps items dry. The City should switch to carts. Voicemails Received 12. Jill Clark, Minnehaha. All for carts. Now that we don’t sort there is not enough room in the bins. The material blows out and gets wet. 13. Pat Martnuchi (sp?), 1570 Sterling Street. Had carts in North St. Paul and loved them. Hopeful Maplewood supplies its resident’s carts. 14. Danielle Laraser (sp?). The recycling bins stink. The city needs to get carts. My bin is cracked and broken. I have so much recycling I have to place some in bags at the curb. It is hard for seniors to get the bins to the curb. Carts would be easier to roll to the curb. More people would recycle if we had carts. 15. Marlene Mayor. In support of carts. Need to get rid of the bins. You have my vote. 16. Kathy Engel, 444 Marnie. It is about time the city switches to recycling carts. We have so much recycling there is not enough room in the bins. It is a real hassle. E-mails Received 17. Jared Savela, 1116 County Road C East. I just read in the Maplewood monthly about a recycling cart pilot program that has been going on for the past year. I am thrilled to find out that this may become a city wide program. Almost every week, our recycling tote gets full a few days before the 2 recycling is taken away. Once it gets full, we just throw away any additional recyclable products because it is too much of a hassle to try to stack it nearly or find other boxes/bags to put it in. When the tote is very full, it is more difficult to bring it down to the street for collection. I strongly support the use of recycling carts in Maplewood. 18. Dale and Alice Jo Carlson, 1513 Gervais Avenue. We would love to have recycling carts instead of bins. We have two bins and they are overflowing every week. If it's windy, there are recycled materials all over the neighborhood. If there was a 37% increase in the test area, think of what that would mean city-wide. Please expand the program to include the whole city! 19. Veronica Vail. I’d just like to share that I think implementing the recycling carts would be an excellent change. I’ve only lived in Maplewood for 2 years now but previously I lived in Vadnais Heights and they switched to the carts several years ago. When I lived out there we would completely fill our recycling cart and our trash bin would be only half full. So many people waste items that could be recycled due to the lack of space in the smaller recycling bins (me included). Our recycling bin is usually overflowing. Having the carts would in my opinion be a great success for Maplewood. 20. John P. Krebsbach, 1917 Furness Street. I read the article, "Recycling Cart Pilot Project a Success!" in the current issue of Maplewood Monthly. I strongly encourage the City to convert to the 65 gallon recycling carts for all residents. We recently moved from Saint Paul Park where we used Tennis Sanitation's 65 gallon carts for a number of years. It is a much more convenient and effective way to recycle! Thank you for your consideration. 21. Dave Klepperich, 756 Belmont Lane East. I was just flipping through the Maplewood Monthly newsletter for August and saw the story on the recycle cart study on page 3. We just moved into the City of Maplewood from Little Canada about 18 months ago. We had recycling carts in the area where we used to live. While I wholeheartedly support recycling in any form, I can tell you the cart is one of the things I miss the most – for exactly all of the reasons cited in the article. We had a 32- gallon cart for recyclables, but it was generally more than we needed for a three-person family…plus the footprint in the garage was almost exactly the same as the bin that had preceded it. If you should ever need additional volunteers to test carts, our family has our collective hand eagerly raised. Thank you for the study and publishing the results! We look forward to the possibility of recycling carts in the (hopefully near) future! 22. Claudia and Dick Baldwin, 929 Connor Avenue East. Just to let you know, my husband and I would greatly appreciate having recycling carts. We always have far more recycling than garbage and usually have to make two or even three trips to the curb with our recycling bins on recycling day. We would very much support switching to carts!! 23. Annette Huot-Link. I am writing to add my opinion of the cart vs. bin discussion for Maplewood. I would love to see Maplewood switch over to carts. The bins are messy, hard to carry, and never fit all the recycling we have. Every household should have as much recycling as trash because so much is now recyclable. That means we need bigger recycling units to hold all our recyclables. My only 3 question is why is the 65 gallon cart the only size being considered? I would prefer the smaller, 35 gallon, cart. This allows for more room for recycling and the other benefits of a cart over a bin, but does not take up so much space in our garage. Thanks for your work with this project and change for the better!! 24. Matthew Marek. I read about the recycling carts it the Maplewood monthly newsletter and think they are a great idea. We have two recycling bins, and will often fill up both. A cart is a great idea. Plus, how can you argue with the increased recycling rates!? 25. Debbie Kruse, 2680 New Century Place East. I received my Maplewood Monthly today and read the story about the recycling cart pilot project. I remember seeing the 65 gallon carts in some of the Maplewood neighborhoods. I live on New Century Pl E in the southern end of Maplewood, near Woodbury. I would like to see the recycling carts in our area. On more than one occasion I have seen the recycling bins tip in the wind, and everything is all over our street. I needed to chase some of our trash, just last week. We have 2 bins some weeks because of size and we do have a lot of recyclables. I do hope to see the 65 gallon recycling carts available to families that need them, throughout the city of Maplewood. 26. Jennifer & Tim Buechele, 2428 Oakridge Lane East. As residents of Maplewood for the last 4 years, I would like to voice our support and excitement for the proposal to change to recycling carts in Maplewood. Since my husband and I have moved in our biggest issue with the recycling program in Maplewood was the fact that we had to use the small bins rather than larger carts. We frequently do not have enough room in our bin to include all the recycling that we have for one week. Changing to bins would make it much more convenient and easier to store our recycling as well as provide much more room. I hope that residents of Maplewood could at least have the option of having a cart over the current bins, if the decision is not made to move to the carts completely. 27. Diane Swenson. We have used these in Arizona and really liked them. There is no rain on your recycling and the wind doesn't blow paper all over the neighborhood. Love then. 28. Hannah Peterson. I saw the article in the Maplewood Monthly newsletter about the recent recycling cart pilot. I think it is a great idea and my family is all for switching to carts. 29. Michelle and Scott Creer, 2563 Haller Lane East. We are extremely excited to hear that the Recycling Cart Pilot Project was a success for the households participating. We hope that this program can be implemented throughout the city of Maplewood. We are avid recyclers, and our 18-gallon bin is always overflowing. We continually struggle to find space for all of our recyclables and to prevent them from blowing into the yard. We think this cart would be very beneficial for all residents in many ways: 4 a. It would increase participation in recycling. As the pilot project results showed, this cart increases resident's participation in recycling by 37 percent. b. It will keep our streets looking nice on recycling day, because it will keep the recyclables out of sight and contained within a closed cart. Currently, our streets look cluttered with all of the boxes, bins, and paper bags on the side of the curb. c. It will prevent litter from being deposited in our yards and neighborhoods on stormy/windy days. We truly hope City Council will push for the use of these carts throughout Maplewood. We fully support this initiative. Thank you. 30. Mike and Stacie Hafner. My wife and I are looking forward to the possibility that Maplewood will be changing direction with the recycle containers. We put our red crate out every Tuesday and anticipate a rolling cart will be easier to handle. This is certainly premature, but if the city takes the next step, do you think there will be any chance of multiple sizes, similar to our trash container? 31. Kurt Thompson, 1821 Manton Street. Hello! I'm writing to respond to the recent write up in the Maplewood city news letter concerning the recycling cart pilot project. I'd like to add my two cents if I may. My family was not part of the project but would whole heartily like to see it implemented in the city of Maplewood! As of now our family puts out at least 3-4 recycling containers each week and they are usually very full if not overflowing. I believe if we would have one of those rolling 65 gallon carts if would be a lot easier and more beneficial to our needs. I have noticed that in our neighborhood we have an average of 2 containers per household. I just thought I would give you my take on this situation. Thanks for the great work you and the city does for its citizens! 32. Cindy LaVan (and husband), 2321 Dahl Ave. Was just reading the Maplewood Monthly today and saw the information regarding recycling carts vs. bins for Maplewood residents. As a resident, I wholeheartedly support the plan. We recycle a lot, and have to haul out at least two bins every week. We would LOVE to have a roll-to-the curb cart, and also feel it would be better for the drivers, workers, who have to physically throw everything into the trucks now. Our only question is, will carts mean fewer jobs since the truck will now probably be able to lift everything as the garbage trucks currently do? Thank you for considering our opinion and for any answer to our question you can provide 33. Claire Terrones. I just wanted to voice my thoughts on how great it would be to have cart recycling! I live on McKnight Rd and so often the cars go by fast and blow the recycling right out of my bin with a gust of wind. We got sick of picking our recycling up out of the yard, so we purchased a rolling 5 trash bin from the store... so wonderful! I can wheel everything down in one trip and we recycle so much more (with the red bins once it was full, I often just started throwing stuff in the trash). Hope the city moves forward with recycling carts for all. 34. John Linc Stine, 1398 Myrtle St N. I am writing to express my support for expanding the use of recycling carts. My household weekly waste volume is consistently 25-50% less than my weekly recycling volume and I am on the smallest waste receptacle available. I agree with comments expressing the benefits of recycling cart use that I read in the August 2013 City of Maplewood newsletter article about the pilot program. You have my support and I would willingly pay for this service, which I believe would increase recycling citywide, reduce nuisance concerns, and improve my handling of recyclables. 35. Pat Tressman, 2427 Barclay Street. I am wondering where the City is in its consideration to supply recycling carts to all residents of Maplewood. I am located in the area that was not part of the pilot project. However, I know several of my friends who live on the west side of highway 61 and rave about the ease of wheeling their recycling carts to the curb. Since I am still carrying my bins back and forth from the garage to the curb, I can see how a cart makes recycling more convenient. There's a cost associated with carts, I am sure, which must be considered. But can you give me any indication if there's a plan to go forward on this? Or is it still under study? What is the status? 36. Tom Kinning. We think a cart recycling program would be a great idea. As it is now we put out multiple totes and bins including paper grocery bags filled with newspapers. Most weeks the recycling bins are to the point of overflowing. When the weather happens to rain or is windy it can be a deterrent to put out our recyclables. A cart would eliminate the fear of our recyclables flying all over the neighborhood. 37. Andy Nordquist, 2474 Timber Court East saw the little write up on the recycling cart pilot project and the request for comments. I'd like to share mine. We move to Maplewood from South St Paul just about 3 years ago. In SSP, we had large recycling carts (I think maybe the 90 gallon) that were collected every two weeks. I was shocked when we came to Maplewood to see small bins, collected weekly. For me there are a couple issues that the bins create: a) Open to elements. If windy, you can bet there are milk cartons/pop cans/etc blowing out of the bins and into the neighbors yard/down the street. It looks bad, is bad and if for no other reason, I would hope this could be the stimulus for the use of carts. b) Size. I can hardly fit a week’s worth of recycling for a family of 5 into the bin. We try to recycle as much as possible and some days I end up choosing to not recycle because of lack of space. c) Weekly recycling. We moved into the city at a time where there was the trash debate and the desire to limit the number of big trucks on the streets and that whole debate. I am uneducated on the topic and it is only a guess, but I would have to think that an every-other week recycling 6 schedule would help reduce wear on the streets, gas usage, noise pollution. As someone who was opposed to the idea of the city taking over my choice of garbage haulers, I accepted the idea since it is the better plan for our environment. I would have to assume the city would make the same type of choice for the recycling program. Having a cart at my previous home, I've never thought about the negatives on the program. I'm assuming things like storage of the carts (they take up more space), cost of providing carts are factors. But for me, to drive down the street and see two carts sitting next to each other, waiting to be collected, rather than one trash cart and an over flowing bin of paper, milk containers and cans, half of which is out in the street, would be a much better view. 38. Pat Tressman, 2427 Barclay Street. I am wondering where the City is in its consideration to supply recycling carts to all residents of Maplewood. I am located in the area that was not part of the pilot project. However, I know several of my friends who live on the west side of highway 61 and rave about the ease of wheeling their recycling carts to the curb. Since I am still carrying my bins back and forth from the garage to the curb, I can see how a cart makes recycling more convenient. There's a cost associated with carts, I am sure, which must be considered. But can you give me any indication if there's a plan to go forward on this? Or is it still under study? What is the status? 39. Richard Erwin, 2075 Edgerton Street. We have outgrown our red tote for recycling some time ago and have been putting any overflow recycle in the trash bin. It does not make any sense to me to have to do this and we could virtually eliminate the trash cart altogether if we had a recycle cart large enough to suit our needs. What plans have been implemented to supply residents with the proper recycling containers so that we don't have to continue putting recyclables in the trash? 7 Not Supportive of Recycling Carts Telephone Calls Received 1. Charles Rohrbach, 2048 Duluth Street. Not in favor because of the number of carts sitting around. Right now the garbage cart is in garage. I don’t recycle enough to fill a cart. A cart for me would be useless. We don’t fill the bin. A lot of the people don’t fill the bin. It is convenient now not to sort. I currently place my bin under the picnic table. Some people don’t recycle at all. Keep Tennis for two years with the bins. Tennis is doing a good job. You should do a study to see how many people really need a cart. There could be some push back from residents. In the winter time when people have to pull out the carts in the snow it will be difficult. 2. Claudette Leonard, 2627 Duluth Street. We only have a 30 gallon trash cart. There are only two of us. We have small garages. We don’t have any room to store a trash container. We take responsibility so nothing blows around. Do they have bins with covers? When they put 65 gallon how. Size of the cart. Where do you expect people to put this? Twin home. Do not want the city supplied carts because they would buy them. Voicemail Received 3. Suzanne Stolte (sp?), 2528 Schaller Drive. Adamantly opposed to carts. All of my neighbor’s trash carts are stored outside of their garage. With an additional cart there will be more carts left outside. The codes aren’t enforced now. There are just two of us at my house. We don’t recycle that much. If we do get carts I will start storing my cart outside also and I will start hiding recyclables in my trash cart. 8 Attachment 3 Memorandum Foth Infrastructure & Environment, LLC Eagle Point II 8550 Hudson Blvd. North, Suite 105 Lake Elmo, MN 55042 (651) 288-8550Fax: (651) 288-8551 www.foth.com July 15, 2013 TO: Shann Finwall, City of Maplewood CC:Norm Schiferl, Ramsey County FR: Susan Young, Foth Infrastructure & Environment, LLC RE: Maplewood Recycling Cart Issues Introduction Ramsey County retained Foth Infrastructure & Environment, LLC (Foth) to provide recycling and solid waste technical assistance to assigned public entities. The City of Maplewood requested County technical assistance under the Ramsey County Public Entities Technical Assistance Program (TAP). The City and County have retained Foth to provide technical consultant services as a part of the recycling collection system planning and implementation. The City of Maplewood has asked the following questions: 1)What will be the estimated additional revenue sharing that may be derived from the single-stream carts as presented in the Tennis proposal? 2)Of the two recycling cart quotes received through the HGAC National Purchasing Cooperative, which is in the City’s long term interests? 3)What number of carts should be purchased; what will the total purchase price be? 4)Should Radio Frequency Identification Devices (RFID) tags be installed in recycling carts? Evaluate the future costs/benefits to the City of RFID tags potentially used in the recycling program. As appropriate, incorporate the RFID tag specifications into the cart purchase specifications. 5)Should the City pre-install RFID tags in recycling carts purchased? 6)How will the estimated cart costs and proposed revenue share affect the price that Maplewood charges for recycling services to its residential customers? What Will Be The Estimated Additional Revenue Sharing That May Be Derived From The Single-Stream Carts As Presented In The Tennis Proposal? In the renegotiated contract with Tennis, that begins January 1, 2014, there is a provision for the City of Maplewood to participate in the increased recycling tonnage and revenue that is anticipated with the implementation of the recycling cart program. The increase in tonnage is based on the 2012 data. The revenue share is based on the percentage of each material that is \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxPage 1 collected times the published commodity price, less a processing and marketing fee for Tennis, with 70 percent of the resulting proceeds of tonnage over that currently collected with the recycling bins returning to the City (Attachment 1). Tennis performed a pilot cart recycling project in April 2012 through March 2013. Two hundred and fourteen homes were included in the pilot. Baseline data was collected at these homes in April through September, with the pilot program running October through March. Tennis recorded the number of homes at which recycling containers were “not out” during the study to gauge participation, and the number of tons of recyclables collected. During the baseline phase, of 5,564 total opportunities to recycle, there were 1,952 “not outs.” During the six months of the cart pilot, for 5,564 recycling opportunities, there were 1,467 “not outs,” a 25percent improvement in participation. Recyclables collected equaled 28.13 tons in the baseline period, and 38.44 tons of recyclables were collected in the pilot period, a 37percent increase in the tonnage of recyclables collected. The tonnage increase, in particular, is the basis for a predicted revenue share scenario for City-wide cart-based recycling beginning in 2014. Attachment 2shows the worksheet for a conservative estimate of revenue share to Maplewood if the cart-based program is operated City-wide. Using the 37percent increase in tonnage demonstrated in the recycling pilot program, an estimated increase of 856 net tons is predicted. An analysis of the per ton recycling revenue, based on a three-year market history, yields a blended value,less the processing fee for the recyclables,of $52.36 per ton, of which $36.65 per ton, or $31,372in year 2014 would return to the City. This is considered to be a conservative estimatefor the following reasons: The average pounds per household recycled in Maplewood has been increasing from year 1 to year, and in 2012 from the first quarter of the year to the last quarter of the year. Education programs by Tennis, Maplewood, and Ramsey County will continue to build recycling awareness and promote recycling as a community norm. This should produce recycling tonnage increases and increase revenue to the city. The convenience of a single stream recycling cart has, in other cities, provided incentive to recycle more items per household. Education associated with the roll-out of the single stream carts often teaches people that things they did not believe were recyclable, can be recycled in their single stream carts. Education associated with the cart roll-out also focuses household and community interest in the recycling program, increasing “buzz” about recycling and recycling tonnages. Tennis continues to increase the types of recyclables that they collect as they find markets, and find improving markets for existing recyclables. This will potentially enhance the blended value of the recyclables in coming years, increasing the revenue to the City. Maplewood, using the RFID-generated information, can provide targeted education and encouragement to non-recyclers, leading to increased tonnage as they begin to recycle. 1 January, 2013, “Maplewood Recycling Report,” Tennis Sanitation \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxPage 2 National and regional increases in recycling participation and tonnages when a single stream cart and RFID combination are implemented would predict a higher than 37 percent increase in Maplewood recycling tonnages. Maplewood will be upgrading recycling information and education to multifamily properties when the new multifamily carts are delivered.The multiunit property per household recycling tonnage dropped from 2011 to 2012; multiunit recycling is challenging for most cities.Maplewood’s efforts, however, combined with efforts by Tennis and Ramsey County to increase recycling participation should result in increased tons from multiunit properties. Of The Two Recycling Cart Quotes Received through the HGAC National Purchasing Cooperative, WhichisIn theCity’s Long Term Interests? When the City organized garbage collectionin 2012, it purchased carts for garbage collection. This was a cost-effective decision by the City that will protect its interests in future garbage collection bids and negotiations. Similarly, City purchase of recycling carts will protect the City’s interests in future recycling contract actions. On February 13, 2012, the City Council authorized the purchase of garbage carts through a cooperative purchasing company which meets the requirements of State statute. The City purchased20,32, 65,and 95 gallon garbage carts from Otto Environmental Systems. The City has recently received two bids for recycling carts. The bids include the cost of 65 and 32 gallon recycling carts, installation of the RFID system, and freight. The initial Otto bid through the cooperative purchasing company for 10,560 -65gallon and 1,990-32gallon recycling carts was $462,284. This is the same cart, at the same price, as the City purchased in 2012. The cart is highly rated by previous and existing municipal and private sector customers. Parts for the Otto recycling cart are the same as parts for the Otto garbage cart, except that the lids for the recycling cart will be a different color. Recycling lids and garbage lids would be interchangeable on the various size carts and parts for recycling carts and garbage carts would be interchangeable. Otto also submitted a bid for cart assembly, distribution, and the initial RFID scanning at $4.75 per cart. The Rehrig Pacific bid for the same number and size of carts was $517, 133. This is the same cart manufacturer that Tennis Sanitation uses in their garbage and recycling operations in other cities. The cart is highly rated by previous and existing municipaland private sector customers. Parts for the Rehrig Pacific carts and the Otto carts are not interchangeable. Rehrig also submitted a bid for cart assembly, distribution, and the initial RFID scanning at $4.35 per cart. Tennis, the City’s recycling vendor, has indicated that they would take delivery of either Otto or Rehrig carts purchased by the Cityas part of the renegotiated contract. Tennis has also submitted a bid to assemble, distribute,and do the initial RFID scanning at $4.15 per cart. The renegotiated recycling contract also requires that Tennis store and maintain the cartsthroughout the term of the contract, but thecarts would remain under City ownership. It is recommended that Maplewood purchase the Otto carts. Price, parts compatibility,and interchangeability of cart lids if needed are reasons for the recommendation. It is also \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxPage 3 recommended that Tennis be contracted to assemble, distribute, and do the initial RFID scan at the one-time price of $4.15 per cart. What Number Of Carts Should Be Purchased; What Will The Total Purchase Price Be? For purposes of cart numbers calculation, itis assumed that: Each single family home will receive a 65 gallon cart for recycling (9,206 units). Customers with walk-up serviceor customers using a 20 or 32 gallon garbage cart will receive a 32 gallon cart for recycling (1,412 units). Single family home customers with three or more 95 gallon garbage carts will receive three, 65 gallon carts (20 accounts to date). Half of the customers that receive Every Other Week (EOW) garbage service will request a 65 gallon cart and half will request a 32 gallon cart (138 units total). Due to the convenience of the single stream cart program, small businesses and organizations such as churcheswill wish to opt into the Maplewood recycling program (estimated at 100 units). There are 9,206 single family homes. There are 2,139 multi-family home that could opt into the Maplewood recycling program, half of which would opt for a 65 gallon recycling cart and half for a 32 gallon recycling cart. There are 4,170 multi-family homes that have 437 –95 gallon Tennis-supplied single stream recycling carts.The City should replace these carts with city-supplied carts. There should be a 7 percent “overage”in the initial order to provide for growth in the program and in the homes served, to avoid a mid-year additional cart order. The number of recycling carts to be purchased include 595–95 gallon carts; 9,452 –65 gallon carts; and 2,728 -32 gallon carts. Estimated price for carts is $466,092.80(freight and RFID installation included, no taxes included in estimate).Using the Tennis proposal for distribution and maintenance adds $53,016.25, for a total cart cost of $519,109.05(not including taxes). Should RFIDTags beinstalledin Recycling Carts? RFID tags or chips are installed in many applications to provide identifying information. RFID tags are now commonly installedin cars, personal electronics, passports,and pets to identify the owner, in shipping containers to improve routing and deliveryefficiency,and in garbage and recycling carts to provide fordata collection and analysis as part of modern residential trash and recyclables collection systems. Data on the RFID tag usually include the cart service address, cart size, date of delivery,and manufacturer. In practice, as the recycling vehicle tips the recycling cart, an RFID “reader” on the truck electronically notes the cart information and the collection information, which can later be downloaded to a city database.Information that can be recorded during cart collection \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxPage 4 includesthe service address, the time that the cart was serviced, whether repairs are needed to the cart, and whether the cart is assigned for collection (to make sure that the residence is paying for service). The RFID can also be used to determine which cart belongs to which residence to return lost or stolen carts. In advanced systems containers that are not out or which have contamination in the recycling containers can be recorded to improve customer education and participation in the recycling program. Ramsey Countyhas indicated that it will be requiring all cities in the County to step up resident recycling ratesto comply with Minnesota Pollution Control Agency requirementsforthe County and in accordance with the Ramsey County Solid Waste Master Plan. Maplewood, in particular, has been identified by the County has having low residential recycling rates, ranking lowest in the County for pounds of recycling per person, and pounds of recycling per household. RFID technology has been used by many communities to significantly improve recycling programs. For instance, a positive messagecould be sentin the form of coupons or “thank you” letters to households that regularly recycle; increased education could alternatively be sent to households that do not regularlyrecycle. The use of RFID technology to provide targeted education has been highly effective, including a recycling increase of 117percent in South 23 Carolina,221percent in Chesapeake, Virginiain association with new recycling carts,and a 40 4 percent increase in participation with a 267percent increase in tonnage in Dayton, Ohio.The use of RFID technology to target educational efforts is simple and cost effective, as compared to sending an employee out in front of the recycling truck to write down participating and non- participating addresses, returning to the office and hand-entering addresses to subsequently send letters.The City of Grand Rapids, Michigan developed a three-phase plan that uses RFID to reduce the amount of trash sent to the county incinerator and landfill, while lowering costs and improving operations. The first phase, implemented in 2010, encouragedresidents to recycle by rewarding them with points redeemable for discounts and free merchandise at local businesses. The second phase, deployed in 2012, manages garbage collection and charges households only for what they throw out, decreasing the amount some residents pay. The final phase, currently in development, will be a system to collect food scraps and yard waste for composting, further 5 allowing residents to reduce their garbage generation and costs. The garbage carts previously purchased by the City and in use have RFID chips installed. Allied, the garbage collection contractor for the City, has been collecting data using the technology on carts that are placed for service to verify customer service and billing. Allied installed RFID readers on the two trucks that were purchased to serve the City’s contract, and on a spare used in the City when one of those trucks is down. The bids that the City has for purchase of recycling containers include the installation of the RFID chips at no additional cost to the City. The price of ultra-high frequency (UHF)readers has been falling as production ramps up with adoption.Most UHF readers cost $500 to $2,000, 6 depending on the features in the device.A standalone reader can be about $500. 2 www.computerworld.com/s/article/print/9219364/RFID_boosts_residential_recyclinn... 3 http://waste360.com/print/radio-frequency-identification-cutting-back-keeping-track 4 http://www.alientechnology.com 5 https://www.rfidjournal.com/purchase-access?type=Article&id=10772&r=%2Farticles%2Fview%3F10772 6 RFID Journal, June, 2013http://www.rfidjournal.com/faq/show?86 \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxPage 5 The City’s current recycling contractor, Tennis, does not presently use the RFID technology but may use it in the future, and agreed to assist the City in rolling out RFID-tagged carts by renting an RFID reader. The City could order carts without RFID tags.In the future, however, ifthe City wishes to employ the technology the cost could exceed $5.00 per cart, which would include thetags at approximately $1.00 each, the cost of installing the tags, setting up the data base,and initializing the system. If the City anticipates the possible use of RFID technology during the life of the carts (15 years) it is much more cost-effective to have the tags installed and the data base initialized at the time of cart purchase and distribution. Suggested specifications for RFID tags are contained in Attachment 3. Should The City Pre-Install RFID Tags In Recycling Carts Purchased? It is recommended that the City have the RFID tags installed in the Recycling carts at the time of cart manufacture, and that the distribution of the carts include entry of the cart serial number, the RFID identifier and the address of cart delivery into a Maplewood-approved data base. How will the estimated cart costs and proposed revenue share affect the price that Maplewood charges for recycling services to its residential customers? The total cart purchase of $524,132.55, if purchased through a seven-year equipment certificate and solely paid for through increased recycling fees has been estimated by staff to requirea recycling rate increase of $0.75 per unit per month. A recycling revenue share of $31,372 could reduce this by $0.20 per unit per month if the revenue share were applied to the cost of the recycling carts, for a $0.55 recycling increase. It should be noted that the Tennis recycling contract is not scheduled for rate increases in the next two years, and thepotential revenue share to the City should increase over the next two yearswhich willminimizethe potential for additional rate increases. Maplewood enjoys one of the lowest recycling fees in Ramsey County or the metropolitan area. Ramsey County reported that in 2011the range of recycling fees in the County was $24.00 to $76.18 per unit per year. Maplewood’s recycling fee, by comparison, was $26.64. Unfortunately, as Ramsey County also reported, this low recycling fee was accompanied by a very low recycling participation and diversion rate. The single stream recycling cart program should significantly address this shortcoming. Attachments: 1.Excerpts from Tennis Recycling Contract-2014 Beginning Date 2.Estimated Revenue Share in 2014 with Recycling Carts 3.Draft RFID Specifications for Recycling Carts \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxPage 6 Attachment 1 Excerpts from Tennis Recycling Contract 2014 Beginning Date Section 1:Definition 1.29 “Revenue share” Any increases in tonnage of recyclables with the use of recycling carts over the tonnage of that month in 2012 with the use of recycling bins will result in a seventy (70%) revenue share for the blended value of all commodities collected using the following procedure: Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractor and monitored and approved by the City. The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth business day of that month. Section 6:Payment Terms 6.2 Households Currently, the City has determined that there are eleven thousand three hundredforty-five six hundred and eighty (11,345) single family units and four thousand one hundred seventy eighty two (4,178) multiple family units in the City of Maplewood. The City will pay the Contractor for all single family units in the City, but will onlypay one dollar and seventy-five cents ($1.75) per unit per month for those multiple family units that the Contractor actually services. … 6.3 “Revenue Share” The City and the Contractor intend to implement more effective recycling education programs and the use of carts for single stream recycling for Contract years 2014 and 2015. Any increases in tonnage of all commodities collected with the use of carts over the tonnage of that month in 2012 with the use of bins shall result in a share of recycling revenue to be returned to the City as follows: Each month seventy percent (70%) of the blended value of all commodities, net processing, shall be returned to the City using the following procedure: The current year’s monthly tons minus the 2012 monthly tons for that same month will be calculated. Any increase in tons based on this calculation will trigger the revenue share procedure as follows: Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractor and monitored and approved by the City. The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth business day of that month. Values for each commodity will be divided by the apportioned percent of each commodity from the composition study. \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxAttachment 2 Page 1 Addition of the apportioned commodity values will equal the blended value per ton of all commodities minus the processing fee of eighty dollars ($80.00) per ton equals the total revenue increase over 2012. Seventy percent (70%) of the total revenue share goes to the City for its revenue share. Example: January 2013 Recycling Tons = 4,000 January 2012 Recycling Tons = 3,920 Current Net Tons = 80 Blended Value perTon$104.06 (Based on January “Recyclingmarkets.net”) Minus Processing Fee -80.00 Equals Increase in Revenue $24.06 Multiplied by 70%Equals City’s Share of Revenue Increase $16.84 Multiplied by Current Net Tons 80.00 Equals the City’s January Revenue Share $1,347.20 The City shall not be penalized for decreases in tonnage. If there is a decrease in tonnage, there is no revenue share due to the City. Section 23.Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s recyclables during October of each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: Percent by weight of each recyclable commodity by grade as collected from the City; Relative change compared to the previous year’s composition; Percent by weight of the Process Residuals collected from the City; and A description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The City shall be notified of the composition analysis and be offered the opportunity to view the sorting and weighing of materials. The Contractor shall provide the City with a copy of the analysis for each year of the contract \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxAttachment 2 Page 2 Attachment 2 Estimated Revenue Share in 2014 with Recycling Carts Based on Maplewood Recycling Pilot Report May, 2013 Tennis Sanitation Assumptions: 2012 (base) tonnage2,313.6 tons 2014 (cart program) tonnage (projected)3,162.7 tons NET TONS856 Blended Value Commodity2012 %3-Year Estimated 1 in stream Price Ave.Revenue per ton Newspaper54.9$ 93.2/ton$ 51.17 Corrugated Cdbd14.3$ 114.9/ton$ 16.43 Milk Cartons0.1NANA Tin2.3$ 82.9/ton$ 1.90 2 Aluminum1.2$1,624.0/ton$ 19.48 2 Glass (mixed)15.1$ 0.70/ton$ 0.11 3 Linens0.1NANA 3 Plastic Bags0.1NANA 44 Plastics9.7$ 43.27 Total Blended Value$132.36/ton Blended Value –Processing fee ($80/ton) =$ 52.36/ton 70% of proceeds to City=$ 36.65/ton Total estimated 2014 revenue share at 856 tons$ 31,372.40 1.6/12/2013. Dan Krivit, “Market Data Trends” Prepared for Ramsey County Environmental Services. March 2010 –March 2013. 2.Below regional average. 3.There are no historic markets for these commodities; revenue is negative or negligible. 4.Tennis reports all plastics as one category. For projection purposes, a regional average of the types of plastics was broken out, with the estimated revenue calculated from the splits. 4.9% PET @ 24.2 cents/lb$ 23.72/ton 1.7% HDPE Natural@ 32.5cents/lb$ 11.05/ton 1.7% HDPE Colored@ 25.0 cents/lb$ 8.50/ton 1.4% 3 -7 (others)@ NA NA Estimated total$ 43.27/ton \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxAttachment 3 Page 1 Attachment 3 Draft RFID Specifications for Recycling Carts City of Maplewood, MN The RFID tags shall be imbedded in the cart handles at the time of cart manufacture. The tags shall not be visible or removable from the outside without damaging the cart handle. The specifications for these RFID tags shall include: 1.Must be passive design (no battery required). 2.Must be “Read Only” with no programming required. 3.Must be 100% weatherproof. 4.Must permanently attach to the trash cart. 5.Must be compatible with standard Handheld and Truck Mounted RFID Scanners. 6.Must be uniquely coded at the factory. 7.Must have a service life of 15 to 20 years. 8.Must be impact resistant. 9.Must have a minimum factory warranty of 10 years. 10.Tag specifications: a.0.007” clear polyester face material, permanent acrylic adhesive b.Inlay Specification: Raflatac Short Dipole Monza3 IC, 860 to 960 MHz, Class 1 Gen2, EPC compliant, 96 bit memory. c.Tag Construction: Both sides of the inlay are laminated with the 0.007” clear polyester, acrylic adhesive material. d.Inlay Placement Specification: The inlay will be centered in the tag, +/-1/16” in web and cross web direction. e.Tag Dimensions: 4.25” wide x 1” long, with a tear perforation between each tag along the tag’s 4.25” side. There is no spacing between the tags. f.Tag Encoding: 10 digit, non-repeating, sequential, decimal number starting at 1 4000000027and incrementing by 1 for each tag, data is locked, no password, missing numbers are allowed, all 24 characters can be filled with the 14 digits on the left side of the number set at 0 (zero) g.Finished Rolls: 6” core, maximum 2,500 tags per roll, placed in ESD protective bags. h.Defective Inlays: Marked and left in the rolls 1.Recycling RFID numbers to begin at 40XXXXXXXX; Garbage cart RFID numbers began at 10XXXXXXXX \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxAttachment 3 Page 2 WARRANTY The Manufacturer shall warrant that the goods sold hereunder will be of merchantable quality, will conform to applicable specifications, drawings, designs, samples and descriptions, willbe free from defects in material and workmanship and will be fit for the particular purpose intended by the buyer. A)The cart base, lid including latch, handle(s), wheels, axle, RFID tags and all other hardware shall be warranted for a period of ten (10) years against premature failure/wear during normal use. Under this provision, the successful Manufacturer shall assume all costs related to part replacement/repair including applicable freight, labor, and equipment. B)The only exception to the above warranty shall be component part failure resulting from City Contractor or owner abuse and vandalism which determination shall be made solely in the judgment of the City. Under this provision the City shall be responsible for all repair costs including freight, labor, and equipment. Snow-related failures shall not constitute owner abuse or vandalism. C)Warranty disagreements, if any, will be settled by a third party, mutually chosen by the successful Manufacturer and the City. The Manufacturer and the City shall share all third party expenses equally. Warranty Statement: All Manufacturers must attach to their proposal a copy of their complete warranty statement, which will not only confirm the requirements stated above but also any other information applicable to their warranty. \\ci.maplewood.mn.us\mwdfsys\Private\PW\WORKS\ENVIRONMENTAL\Recycling\Carts\Maplewood Recycling Cart Memorandum (SF Edits).docxAttachment 3 Page 3 Attachment 4 CONTRACT AGREEMENT BETWEENTHE CITY OF MAPLEWOOD AND TENNIS SANITATION, LLC FOR RECYCLING SERVICES September 9, 2013 Table of Contents 1.Definitions....................................................................................................................5 2.Term of Contract..........................................................................................................9 3.Annual Work Plan........................................................................................................9 4.Annual Performance Review.......................................................................................9 5.Single Stream Recyclables Collection/Processing System........................................10 6.Payment Terms..........................................................................................................10 7.Cart Purchasing Plan.................................................................................................13 8.Cart Distribution and Management Plan....................................................................13 9.RFP and Contractor’s Proposal.................................................................................13 GENERAL REQUIREMENTS FOR ALL COLLECTIONS................................................13 10.Missed Collections.....................................................................................................14 11.Severe Weather.........................................................................................................14 12.Collection Hours and Days........................................................................................14 13.Customer Complaints................................................................................................14 14.City Retains Right to Specify Resident Preparation Instructions................................14 15.City Shall Approve Contractor’s Public Education Literature.....................................15 16.Weighing of Loads.....................................................................................................15 17.Monthly and Annual Reports......................................................................................15 18.Ownership of Recyclables.........................................................................................16 19.Scavenging Prohibited...............................................................................................16 20.Cleanup of Spillage or Blowing Litter.........................................................................16 21.Recyclable Materials Transported to Markets............................................................16 22.Designated Primary Glass Market.............................................................................16 23.Processing Facilities..................................................................................................17 24.Estimating Materials Composition as Collected.........................................................17 25.Estimating Process Residuals...................................................................................17 26.Lack of Adequate Market Demand.............................................................................17 27.Vehicle Requirements................................................................................................18 28.Personnel Requirements...........................................................................................18 29.Licenses and Permits.................................................................................................19 30.Performance Monitoring.............................................................................................19 31.Liquidated Damages..................................................................................................19 2 CURBSIDE COLLECTION REQUIREMENTS..................................................................20 32.Weekly Collection......................................................................................................20 33.Point of Collection......................................................................................................20 34.Curbside Collection Schedule Deadline.....................................................................20 35.Procedure for Handling Non-Targeted Materials.......................................................20 36.Participation Study.....................................................................................................20 37.Set Out Information....................................................................................................21 38.Public Education Information for Curbside Collection................................................21 MULTIPLE FAMILY COLLECTION REQUIREMENTS....................................................21 39.MFD BuildingOwners May Elect to Subscribe to City’s Recycling Service...............21 40.Multiple Family Collection Stations............................................................................21 41.Multiple Family Container Location(s)........................................................................21 42.Multiple Family Service Standards.............................................................................21 43.Multiple Family Recycling Container Requirements...................................................21 44.Responsibility for Providing and Maintaining Multiple Family Recycling Containers..22 45.Public Education Information for Tenants with Multiple Family Recycling Service.....22 46.OtherPublic Education Tools to Residents with Multiple Family Recycling Service..22 47.Annual Report to MFD Building Owners....................................................................22 48.Municipal Facilities Collection Requirements.............................................................23 49.Annual Municipal Facilities Report.............................................................................23 INSURANCE AND OTHER LEGAL REQUIREMENTS....................................................23 50.Insurance...................................................................................................................23 51.Workers Compensation Insurance.............................................................................24 52.Commercial General Liability Insurance....................................................................24 53.Commercial Automobile Liability Insurance...............................................................24 54.Transfer of Interest.....................................................................................................24 55.Non-Assignment and Bankruptcy...............................................................................24 56.Dispute Resolution and Arbitration Procedures.........................................................24 57.Performance Bond.....................................................................................................24 58.General Compliance..................................................................................................25 59.Independent Contractor.............................................................................................25 60.Hold Harmless...........................................................................................................25 61.Accounting Standards................................................................................................25 3 62.Retention of Records.................................................................................................25 63.Data Practices............................................................................................................25 64.Inspection of Records................................................................................................26 65.Applicable Law...........................................................................................................26 66.Contract Termination.................................................................................................26 67.Employee Working Conditions and Contractor’s Safety Procedures.........................26 68.Agreement Amendments...........................................................................................26 4 This Agreement is madethisday of2013,between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”)and th TennisSanitation, LLC, with its current local place of business at 720 4Street, St. Paul Park,Minnesota 55071 (the“Contractor”). WITNESSETH: WHEREAS, the City supports a comprehensive residential recycling program and desires that high-quality recycling services be available to all its residents; and WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program; and WHEREAS, the City supports multi-family recycling services as another part of an overall landfill abatement program; and WHEREAS, Ramsey County has funding available for such residential recycling services; and WHEREAS, the Contractor and the City have negotiated an extension of the Contractor’s Contract; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein: 1.Definitions 1.1 “Aerosol cans” Aerosolcans include but are not limited to spray paint, hairspray, deodorant, etc. 1.2 “Aluminum cans” Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Also includes aluminum foil and trays. 1.3 “Church” Acommercial building for public worship which is capable of having its recyclables collected in curbside recycling carts rather than dumpsters. 1.4 “Contractor’sannual recycling public education flyer” The City requires the Contractor to publish and distribute an annual public education flyer that contains the following recycling information for City residents: Annual calendar and map of curbside recycling districts for “single family dwellings” List of materials to be included for recycling List of non-targeted materials that cannot be recycled in the City’s recycling program General information about curbside recycling and multi-family recycling instructions How to prepare materials 5 1.5 “City’s designated contact person” The City has designated the Community Development Director or his or her designee as the contact person for management and administration of this Agreement. 1.6 “City-designated recyclables” or “Recyclable materials” or “Recyclables” The following list of materials are accepted as part of the Contract Agreement: aluminum cans; steel cans; glass jars and bottles; paper recyclables; phone books; plastic bottles; plastic tubs (yogurt, margarine, sour cream; plastic toys; plastic containers for shrubs, trees and flowers; egg cartons; motor oil bottles (drained); aerosol cans; householdscrap metal; textiles; boxboard;corrugated cardboard; and milk cartons and juice boxes.This list of recyclable materials can be amended through negotiation between the City and its Contractor at any time within the duration of the contract term. Such negotiations must be reduced to a written amendment to this Agreement and duly executed before it shall go into effect. 1.7 “Collection” The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 1.8 “Contractor” The City’s recycling service Contractor under the new contract beginning operation on January 1, 2014. 1.9 “Corrugated cardboard” Cardboard material with double wall construction andcorrugated separation between walls but not plastic, wax or other coated cardboard. 1.10“Curbside recycling bins” Containers supplied by the City in which recyclables can be stored for later placement for curbside collection, as specified by the City. The recycling containers remain the property of the City and are the only receptacles approved for use under this contract except that curbside recycling carts may be used during the contract at the sole determination of the City. 1.11“Curbside recycling cart” Containers equippedwith wheels and a lid inthe following standardized sizes (approximate/nominal capacities): 30-gallon 60-gallon 90-gallon Recycling cart capacities by cart size will depend on the cart manufacturer selected by the City or Contractor through a separate procurement process. 1.12“Curbside recycling service” The recycling collection service, together with related public education and other customer services, specified within this contract utilizing curbside recycling binsor carts. Multi-family 6 dwellings may receive curbside recycling service as determined by the City and the Contractor. 1.13“Glass jars and bottles” Unbroken glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 1.14“Household Scrap Metal” Household scrap metal includes, but is not limited to,silverware, pots, pans and wire hangers. 1.15“Holidays” Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, ThanksgivingDay, Christmas Day and any other holidays mutually agreed upon by the City and the Contractor. In no instance will there be more than one holiday during a Collection week. When the scheduled Collection day falls on a holiday,Collection for that day will be collected one day later. The Contractor shall publish the yearly calendar including alternate Collection days, with assistance from the City. 1.16“Holiday weeks” A week where a holiday falls on a Monday through Friday and requires the Contractor to collect recyclables on a Saturday, of which Saturday will be agreed upon by the City. 1.17“Market demand” The economic and technical capacity of markets to use recyclable material to make new products. 1.18“Markets” Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to,end-markets, intermediate processors, brokers and other recycling material businesses. 1.19“Milk cartons and juice boxes” Gable top and Tetra Pak cartons for milk, soy, broth and juice boxes. 1.20“Multiple family dwellings(MFD)” A building or a portion thereof containing five(5)or more dwelling units. 1.21“MFD recycling containers” Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptaclefor temporary storage and collection of designated recyclables from residents in MFD’s prior to Collection. Such recycling containers must be separate, explicitly labeled on the lid and the front of the containers as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 7 1.22“Multiple familyrecycling service” Recycling Collection service, together with related public education and other customer services, provided to multiple familyresidents that utilize multiple familyrecycling containers (i.e., carts) and use multiple familyrecycling stations. 1.23“Multiple familyrecycling stations” The location of multiple familyrecycling containers designated by the recycling Contractor with agreement of the MFD building owner. Multiple familyrecycling stations will likely be a cluster of recycling carts and/or recycling dumpsters. 1.24“Non targeted materials” Materials that are not included in the City’s recycling program. Examples of typical non- targeted items include,but are not limited to,pumps on plastic bottles, ceramic material in glass streams, window glass and mirrors, paper cups and plates. 1.25“Paper” Paper includes the following: newspapers (including inserts); household office paper and mail; cereal, cake mix,chips and cracker boxboard; egg cartons; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes; pizza boxes, frozen food boxes, tissue boxes, and magazines/catalogs. 1.26“Participation rate” Percentage of residents participating in curbside or multi-family recycling. Participation is defined as a resident who places recyclables at the curb or utilizes their multi-family recycling containers at least once per month. 1.27“Plastics” All plastics with plastic resin codes #1 (PET & PETE); #2 (HDPE); #3 (PVC); #4 (LDPE); #5 (PP); #6 (PS -except Styrofoam), and #7 (other). These will include, but not be limited to, plastic beverage bottles; liquor; juice; milk; soft drinks; certain foods; soap and cosmetics; plastic tubs (yogurt, sour cream, margarine); tree, flower and shrub containers; plastic toys; motor oil bottles (drained), and retail plastic bags. 1.28“Process residuals” The normal amount of material that cannot be economically recycled due to material characteristics such as size, shape, color,cross-material contamination, etc.,and must be disposed as mixed municipal solid waste. Process residuals include subcategories of process residuals including,but not limited to,bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens, etc). “Process residuals” does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market demand conditions.The maximum percent of process residuals shall not exceed six percent (6%). 1.29“Processing” The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. 8 1.30“Processing center” A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 1.31“Revenue share” Any increases in tonnage of recyclables with the use of recycling carts over the tonnage of that month in the previous year of the Contract Re-Openerwith the use of recycling bins will result in a seventy (70%) revenue share for the blended value of all commodities collected using the following procedure: Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractorand monitored and approved by the City. The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth business day of that month. 1.32“Small business” A commercial building capable of having its recyclables collected in carts rather than a dumpster. 1.33“Steel cans” Disposable containers fabricated primarily of steel or tin,used for food and beverages. 1.34“Textiles” Textiles include unwanted but reusable linenssuch as towels, sheets, blankets, curtains, tablecloths and clothes(includingbelts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains).Textiles must be dry. 1.35“Work Plan from Contractor” The annual work plan proposal for recycling system improvements submitted from the Contractor and approved by the City. 2.Term of Contract The term of this recycling contract will be a period of two(2) years from January 1, 2014 through December 31, 2015. The City may consider up to two (2), one (1) year extensions for years 2016and 2017, at the City’s sole discretion. 3.Annual Work Plan The Contractor shall submit an annual work plan proposal no later than October 1 for the upcoming calendar year to outline key priorities for system improvements. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan by no later than November 1 each year. The annual work plan shall be incorporated by reference as an amendment to this contract. Annual Performance Review 4. Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor and the City’s Environmental and Natural Resources (ENR) Commission. 9 Once concluded, the report from theENR Commission shall be presented to the City Council, and a meeting will be held between the Council and Contractor to review the performance of the contract. The objectives of this annual meeting will include,but notbe limitedto: Review Contractor’sannual report, including trends in recovery rate and participation rate. Efforts the Contractor has made to expand recyclable markets. Review Contractor’s performance based on feedback from residents to the ENR Commission, City Council, andCity staff. Review Contractor’s recommendations for improvement in the City’s recycling program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. Review City staff recommendations for Contractor’s service improvements. Discuss other opportunities for improvement with the remaining years under the current contract. 5.Single Stream Recyclables Collection/Processing System 5.1Single Stream Recyclables Single stream recyclables collection and processing system shall be the basic service system design for this contract. Under this single stream design, residents will be instructed to comingle all City designated recyclables, except clean, reusable textiles, in the curbside recycling binor carts. Residentsmay place clean, reusable textiles separate from other recyclables in water-proof bags labeled“Clothes and Linens”. 5.2Change of Recyclables Collection System During this contract period, the City may elect to change the recyclables collection system to use curbside recycling carts. These carts may be purchased by the City, or by the Contractor, and the carts may be distributed by the City or its proxy or by the Contractor, as determined in Section 6. 5.3Changes to Processing System The Contractor shall not make any changes to the single stream collection or processing system without written direction of the City. Payment Terms 6. The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the contractor no later than net thirty (30)days of receipt of the invoice. The billing system will include the following elements: 6.1Per Unit Fee A charge for collection services calculated by multiplying the number of single familyunits, multiple familyunits, and churches and small businessestimes the per unit fee of one dollar and seventy-five cents ($1.75)per unit per month. 10 6.2Households The City has determined that there are eleven thousand three hundred forty-five (11,345) single familyunits and four thousand one hundred seventy (4,170)multiple familyunits in the City of Maplewood. The City will pay the Contractor for all single familyunits in the City, but will only pay one dollar and seventy-five cents ($1.75)per unit per month for those multiple familyunits that the Contractor actually services. January1of each year the Contractor and the City will review household counts to determine changes in household numbers. The review will include a study of the City’s trash collection and recycling routes, water utility billing, Community Development Department housing counts, Census housing data, Metropolitan Council housing data and Contractor route inspections to come up with the most accurate housing counts. The housing count numbers will be modified yearly by February 1 of each year based on this review. 6.3Churches and Small Businesses Churches and small businesses which are capable of having recyclables collected in curbside recycling cartsare able to use the City’s recycling Contractor to provide recycling services. The City will pay the Contractor for all churches and businesses that opt into the recycling program at a rate of one dollar and seventy-five cents ($1.75) per one (1) or two (2) ninety-five (95) gallon recycling carts used by the church or small business, and one dollar and seventy-five cents ($1.75) for each subsequent cart beyond one(1)or two(2).The City will work with the Contractor in determining which churches and small businesses are cable of opting into the City’s recycling program, with final approval by the City. The Contractor will break out the pricing for churches and small businesses separately in its invoice to the City and will report on the number of churches and small businesses in the Monthly and Yearly reports. The recycling containers for churches and small businesses shall be: 1.Sufficient in number and size to meet the demands for recycling services created by the occupants. 2.Equipped with hinged lids. 3.Equipped with standardized labels approved by the City, attached to the lid and the front of the carts, and which identify the type of recyclable material to be deposited in each container. Recycling containers shall be colored differently from other containers for mixed solid waste or trash. 4.Maintained in proper operating condition and reasonably clean and sanitary. 5.Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 6.Provided at no cost to the City or residents. 7.Approved by City staff for use prior to entering service. 6.4Conversion to Curbside Recycling Carts If the City, in its sole discretion, determines that it wishes recycling services to its residents, churches, and small businesses to be provided by use of curbside recycling carts, it shall so notify the Contractor. The City shall also determine which cart option and delivery system (“1” or “2” below) it will implement, and will notify the Contractor of its decision. 11 1.Contractor-Supplied Recycling Carts: If the Contractor supplies thecurbside recycling carts to Maplewood residential properties and churches and small businesses, the Contract term will be extended for an additional four (4) years and the cost of the Contract shall be two dollars and fifty cents ($2.50)per householdor church or small business per month for the first two (2) years of the Contract and two dollars and seventy five cents ($2.75)per household or church or small business per month for two (2) additional years. 2.City-Supplied Recycling Carts: If the City purchasesthe curbsiderecycling carts for Maplewood residential properties and churches and small business, the cost of the Contract shall remain at one dollar and seventy five cents ($1.75)per household or church or small business per month for the remainder of the contract, with the possibility of two (2) additional one(1) year extensions. Additionally, the City will capture seventy percent (70%) of the revenue earned for any increases in tonnage of materials collected with the use of curbside recycling carts over tonnage collected in 2012 with the use of recycling bins. 6.5Revenue share The City and the Contractor intend to implement more effective recycling education programs and the City will, during the Contract period, determine if the use of curbside recycling carts for single stream recycling is in the best interests of the City for Contract years2014 and 2015. If the City elects to begin collection of recyclables in curbside recycling carts, any increase in tonnage of all commodities collected with the use of carts over the tonnage of that month in 2012 withthe use of curbside recycling bins shall result in a share of recycling revenue to be returned to the City as follows: Each month seventy percent (70%)of the blended value of all commodities, net processing, shall be returned to the City using the followingprocedure: The current year’s monthly tons minus the previous year that the Contractor Re- Openerwas negotiated monthly tons for that same month. Any increase in tons based on this calculation will trigger the revenue share procedure as follows: Total tonnage for the month shall be apportioned to the individual commodities by o use of the most recent composition study conducted by the Contractorand monitoredand approved by the City. The value of the commodity for a particular month shall be determined by the price o th quoted in Recyclingmarkets.net on the fifth (5)business day of that month. Values for each commoditywill be divided by the apportioned percent of each o commodity from the composition study. Addition of the apportioned commodity values will equal the blended value per ton o of all commodities. Minus the processing fee of eighty dollars ($80.00) per ton equals the total revenue o increase over the previous year that the Contract Re-Openerwas negotiated. Seventy percent (70%) of the total revenue share goes to the City for its revenue o share. Revenue share is credited on the City’s invoice for the next month. o Example: 12 January 2013 Recycling Tons 4,000 January 2012 Recycling Tons 3,920 Current Net Tons 80 Blended Value perTon$104.06 (Based onJanuary Recyclingmarkets.net) Minus Processing Fee-$80.00 Equals Increase in Revenue$24.06 Multiplied by 70% x .70 Equals City’s Share of Revenue Increase$16.84 Multiplied by Current Net Tons80.00 Equals the City’s January Revenue Share$952.26 The City shall not be penalized for decreases in tonnage. If there is a decrease in tonnage, there is no revenue share due to the City. 6.6Other Any other mutually agreed upon charges or credits for any other future efforts outside of the scope of this contract (e.g., organics and food waste collection,etc.). 7.Cart Purchasing Plan If the City elects to begin collection of recyclables with curbside recycling carts and elects to purchase the curbside recycling carts,the City shall develop a cart purchasing plan and schedule in coordination with the Contractor. The Contractor shall review and comment on this cart purchasing plan. 8.Cart Distribution and Management Plan If the City elects to begin collection of recyclables with curbside recycling cartsand elects to purchase the curbside recycling carts, the Contractor shall develop a cart distribution and management plan in coordination with the Citywithin two (2) weeks of adopting the cart purchasing plan. The City may elect to include its cart manufacturer as part of the team to plan for cart distribution and management. The Contractor may elect to include any cart management subcontractor as part of the cart distribution and management team. 9.RFP and Contractor’s Proposal The contents of the City’s original Request for Proposal (RFP) for Recycling Services(dated June 1, 2010) and the Contractor’s original proposal (dated June 30, 2010) are part of the contractual obligations and are incorporated by reference into this contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all recycling collections (i.e., both curbside recycling collection and multiple familyrecycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential,multiplefamilyand church and small businesscollection programs. 13 10.Missed Collections The Contractor shall have a duty to pick up missed recycling collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 11.Severe Weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but notbe limited to,those cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. If collections are postponed, the Contractor shall notify the City. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 12.Collection Hours and Days The City requires all such collections to begin no sooner than six (6)a.m. and shall be complete by seven (7)p.m. Furthermore, the City requires scheduled collection days to be Monday through Friday, and agreed upon Saturdays during holiday weeks. The Contractor may request City approval of exceptions to these time and day requirements (e.g., pursuant to the “Severe Weather” section-Section11above). The Contractor must request such exception from the City’s Designated Contact Person via telephone or email prior to the requested collection event, and specify the date, time and reason for the exception. 13.Customer Complaints The Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints and other complaints between the hours of seven (7)a.m. until five (5) p.m. on all days of collection as specified in this Agreement. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after hours. The address and telephone numbers of such office shall be given to the city in writing, with ten (10) days prior notice of changes therein. The address of this office as of the execution of the th contract is 720 4Street, St. Paul Park, Minnesota 55071 and the telephone number is 651- 459-1887. The Contractor shall also allow complaints to be made electronically. Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. 14.City Retains Right to Specify Resident Preparation Instructions The Contractor shall agree that it is the City’s sole right to clearly specifythe resident sorting and setout requirements. The Contractor shall publish and distribute, on an annual basis, the detailed recyclable preparation instructions for its residents as part of its annual public education flyer. 14 15.City Shall Approve Contractor’s Public Education Literature The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified recycling preparation instructions as per the public education elements of the annual work plan. At a minimum, this shall include: production and distribution of an annual flyer to each home; and distribution of “resident education tags” to be left by curbside collection crews if any non-targeted material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. 16.Weighing of Loads Contractor will keep accurate records consisting of an approvedweight slip with the date, time, collection route, driver’s name, vehicle number, tare weight, gross weight, net weight and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 17.Monthly and Annual Reports The Contractor will submit to the City monthly and annual reports. At a minimum, the Contractor shall include the following informationin these reports: Total quantities of recyclable materials collected, by material type (in tons)for single family, multi-family, city facilities, parks,churches and small businesses. Net quantities of recyclable materials marketed, by material type (in tons). Quantities stored, by type of material, with any notes as to unusual conditions (in tons). Quantity of process residual disposed of (in tons). For single and multiple family homes, recycling service fee ofone dollar and seventy five cents ($1.75)per unit per monthor as outlined in Section 6. Forchurches or small business, recycling service fee of one dollar and seventy five cents ($1.75) for up to two ninety five (95) gallon recycling carts, and one dollar and seventy five cents ($1.75)per cart thereafteror as outlined in Section 6. Log of all resident and church or small business addresses where educationtags were left because of non-targeted materials set out for recycling. Log of all complaints, including the nature of the complaints, to include the following: names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of the response. List of single family addresses that do not set out recycling bins at least once a month. Recycling cart data including cart inventory, replacement, repair, warranty issues, etc. th Monthly reports shall be due to the City by the fifteenth (15)day of each month. Annual reports shall be due by January 31of each year. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s recycling program (e.g., public education, multiple familyrecycling, etc.). 15 18.Ownership of Recyclables Ownership of the recyclables shall remain with the person placing them for collection until Contractor’s personnel physically touches them for collection, at which time the ownership of the recyclables shall transfer totheContractor. 19.Scavenging Prohibited All recyclable materials placed for collection shall be owned by and are the responsibility of the occupants of residential or church or small business properties until the Contractor handles them. Upon collection of the designated recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City’s recycling Contractor or owner’s independent hauler to collect, remove or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner’s employees, owner’s independent hauler’s employees or City’s recycling Contractor’s employees may not collect or “scavenge” through recycling in any manner that interferes with the contracted recycling services. 20.Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collectionvehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 21.Recyclable Materials Transported to Markets Upon collection by the City’s recycling Contractor, the Contractor shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or make fuel pellets out of the recyclable materials. 22.Designated Primary Glass Market The City and Contractor hereby agree that eCullet (St. Paul, MN) and Strategic Materials(St. Paul, MN) will process and sort glass bottles and jars andshall remain the primary market of choice for glass bottles and jars collected from the City’s recycling program. The Contractor shall develop a proposed glass marketing contingency plan in writing for review, comment and approval by the City. This contingency plan shall be based on recycling glass into markets with the highest and best use of this commodity. The Contractor shall provide an annual assessment of eCullet’s Strategic Material’sperformance and glass market as partof its annual report to the City. The Contractor shall provide as much notice as possible if the eCullet or Strategic Materials plantcloses, stops accepting recyclable glass cullet or otherwise becomes economically unfeasible as the primary glass market outlet. If eCullet or Strategic Materialsare no longer a viable primary market for glass, and if the Contractor must adjust its glass processing and/or marketing operations, the Contractor must submit a proposed plan amendment to the City so that glasscontinues to be recycled as glass with the highest and best use of this commodity 16 rather than being used for road aggregate, sandblast media, fiberglass or other alternative uses. 23.Processing Facilities The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for City material collected. The Contractor shall provide written notice to the City at least sixty (60)days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. 24.Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s recyclables during October of each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year’s composition; (3) percent by weight of the Process Residuals collected from the City; and (4) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The City shall be notifiedof the composition analysis and be offered the opportunity to view the sorting and weighing of materials. The Contractor shall provide the City with a copy of the analysis for each year of the contract. 25.Estimating Process Residuals In October of every year the Contractor shall estimate the City’s process residuals. The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City’s recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. The City may audit the records of the Contractor to verify that the agreed upon process is being followed (see Section 64, Inspection of Records). The quantities of Process Residuals must not exceed the agreed upon residual rate of six percent (6%). This percentage must be reported to the City in the annual composition analysis as described in Section 24. In addition, the Contractor must report to the City, on an annual basis, the disposal location of Process Residuals. 26.Lack of Adequate Market Demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue the Collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall give the City as much notice as possible about the indications of such market condition changes. The City and Contractor shall agree on a date in a written Contract amendment to cease Collection of the recyclable item in question. The Contractor shall at all times be under a duty to minimize the quantity of recyclable materials disposed in a landfill, incinerator or other facility receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the recyclable materials at a facility specified in writing by the City or an alternative 17 agreed upon by the City and the Contractor. The City and the Contractor will negotiate a cost for disposal as a substitute for a Processing fee for that material. 27.Vehicle Requirements Vehicles shall be clearly signed on both sides as a recycling Collection vehicle. In addition, all Collection vehicles used in performance of the Contract shall: Be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least three (3)inches in height. Operate within the weight allowed by Minnesota Statures and local ordinances; Be duly licensed and inspected by the State of Minnesota; Have a two (2)way communication device; Have a first aid kit; Have an approved fire extinguisher; Have warning flashers; Have a broom and shovel for cleaning up spills; Have warning alarms to indicate movement in reverse; Have a sign on rear of vehicle which states “This vehicle makes frequent stops”; All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free of offensive odorsas possible. 28.Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor’s personnel shall 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: Conduct themselves at all times in a courteous manner and use no abusive or foul language. Make a concerted effort to have at all times a presentable appearance and attitude. Wear a uniform and employee identification badge or name tag. Drive in a safe and considerate manner. Manage curbside recycling bins and multiple familycontainers in a careful manner so as to avoid spillage and littering, or damage to the bin or container. Containers should not be thrown once emptied. Monitor for any spillage and be responsible for cleaning up any litter or breakage. Avoid damage to property. Not perform their duties or operatevehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 18 29.Licenses and Permits The Contractor shall ensure that all driver and truck licenses and permits are current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City of Maplewood must have current permits and licenses as required by the appropriate city, county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. Contractor must have a Collection license issued by the City per City Code, Chapter 30. 30.Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Agreement. The City reserves the right to inspect Contractor facilities or vehicles at any time during normal business hours for compliance with the language of the Agreement, andthe performance measures and goals contained herein. Substandard performance as determined by the City in its sole discretion will constitute non- compliance. If action to correct such substandard performance is not taken by the Contractor withinsixty (60)days after being notified by the City, the City will initiate contract termination procedures. 31.Liquidated Damages The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor fulfillingits obligations: 1.Failure to respond to legitimate service complaints within twenty four (24)hours in a reasonable and professional manner –fifty dollars ($50)per incident. 2.Failure to collect properly notified missed collections –two hundred and fifty dollars ($250) per incident. 3.Failure to provide monthly and annual reports –one hundred dollars ($100)per incident. 4.Failure to complete the collections within the specified timeframes without proper notice to the City –one hundred dollars ($100)per incident. 5.Failure to clean up from spills during collection operations –two hundred fifty dollars ($250)per incident. 6.Failure to report on changes inlocation of recyclable processing operations –two hundred fifty dollars ($250)per incident. 7.Failure to provide written description of the means to estimate relative amount of process residuals derived from the City’s recyclables –one thousand dollars ($1000)per incident. 8.Exceeding the maximum process residual rate of six percent (6%) –one thousand dollars ($1,000)per incident. 9.Making changes to the Collection and Processing systems prior to receiving City approval to implement any such change –fivethousand dollars ($5,000) per incident. 10.Failure to conduct and report results of the annual composition analysis –one thousand dollars ($1000)per incident. 19 These amounts will be for liquidated damages for losses suffered by the City and not penalties. Three (3)or more such incidents in a six (6)month period shall constitute grounds for termination of Agreement andnot subject to cure. CURBSIDE COLLECTION REQUIREMENTS The following collection requirements are for curbside recycling services only (single family dwellings,buildings with up to four units, churches, small businesses, manufactured homes and townhomes), and do not pertain to multiple familyhousehold (buildings with more than four units) type of collection services. 32.Weekly Collection The Contractor shall collect curbside recycling materials weekly from the authorized curbside recycling bins, as hereinbefore defined, and provided by the City. No other different or unapproved receptacles shall be used in performance of this Agreement unless negotiated by the City and Contractor in writing. Violation of this provision shall be grounds for termination of the Agreement. Recyclables shall be collected on the same days corresponding to City trash collection days whenever possible (with the exception of curbside collection on Saturdays within agreed-upon “holiday weeks”). 33.Point of Collection All curbside collection service will occur at the curbside, with the exception of elderly residents or those with short or long-term physical limitations whorequire house-side collection service. 34.Curbside Collection Schedule Deadline If the Contractor determines that the collection of recyclables will not be completed by 7:00 p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that same day and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the City’s designated contact person cannot be reached, the Contractor will request the City Manager. 35.Procedure for Handling Non-Targeted Materials If Contractor determines that a resident, church or small businesshas set out non-targeted materials, the driver shall use the following procedure: 1.Contractor shall leave the non-targeted materials in the curbside recycling bin and leave an “education tag” indicating acceptable materials and the proper method of preparation. 2.The driver shall record the address and the Contractor shall report the address to the City in the required monthly report. If this procedure for handling non-targeted materials is not feasible for automated or semi- automated Collection systems, the Contractor must specify and demonstrate alternative public education methods to the City for its approval so that the quality of recyclable materials set out will be maintained. 36.Participation Study The Contractor shall conduct at least one analysis of household participationper year. The results of the analysis shall include number and addresses of single family households not participating. The Contractor will then target nonparticipating households with educational 20 material approved by the City. The Contractor shall provide the City with a copy of the analysis for each year of the contract. 37.Set Out Information The Contractor shall provide the City with the addresses of single family households not setting out curbside recycling bins at least once a month. The addresses will be supplied to the City in the MonthlyReports. 38.Public Education Information for Curbside Collection The Contractor shall be responsible for the following: 1.Annual distribution of the Contractor’s recycling public education flyer as described in Section 1.4and Section 15. 2.Distribution of education tags to be left bycurbside Collection crews if any non-targeted material is reflected and left at the curb. MULTIPLEFAMILY COLLECTION REQUIREMENTS The following collection requirements are for multiple familyrecycling services only and do not pertain to curbside collection services. 39.MFD BuildingOwners May Elect to Subscribe to City’s Recycling Service MFD building owners are be able to use the City’s recycling Contractor to provide recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling contractor to provide the recycling services at the owner’s expense. 40.Multiple Family Collection Stations Multiple family recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins, carts and/or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 41.Multiple Family Container Location(s) Multiple family recycling containers shall be placed in a location(s) on the MFD premises which permits access for collection purposes but which does not obstruct pedestrian or vehicular traffic. Recyclingcontainers must also complywith the City’s zoning and other ordinances. 42.Multiple FamilyService Standards At a minimum, multiple familycollection services shall be available on the premises and shall be provided on a regularly scheduled weekly basis, or as the City and Contractor agree is adequate. The Collection schedule and recycling containers’ capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclable containers to avoid overflowing containers. 43.Multiple FamilyRecycling Container Requirements The recycling containers for buildings of eleven (11)units or more shall be: 21 3.Sufficient in number and size to meet the demands for recycling services created by the occupants. 4.Equippedwith hinged lids. 5.Equipped with standardized labels approved by the City, attached to the lid and the front of the carts, and which identify the type of recyclable material to be deposited in each container. Recycling containers shall be colored differently from other containers for mixed solid waste or trash. 6.Maintained in proper operating condition and reasonably clean and sanitary. 7.Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 8.Provided at no cost to the City or residents. 9.Approved by City staff for use prior to entering service. 44.Responsibility for Providing and Maintaining Multiple Family Recycling Containers If the MFD building owner uses the City’s Contractor, adequate multiple family recycling containers shall be provided and maintained by the City’s Contractor. 45.Public Education Information for Tenants with Multiple Family Recycling Service At least once per year, the City’s recycling Contractor shall supply the multiple familybuilding owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). The information should specifically address multiple familyrecycling service, and should not be the same educational material distributed to single-familyresidents. 46.Other Public Education Tools to Residents with Multiple Family Recycling Service The Contractor shall provide other public education tools (e.g.,educational material in languages other than Englishsuch as Spanish, Hmong, Somali,etc.) that the Contractor will provide, in cooperation and coordination with multiple familybuilding owners, as part of the annual work plan. The City will work with the Contractor regarding the quantities needed and the locations for distribution. 47.Annual Report to MFD Building Owners The Contractor shall provide an annual report by January 31 of each year to the multiple familybuilding owners served by the City’s Contractor. A copy of each report to the multiple familybuilding owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 1.Name of owner, building manager and contact information (mailing address, telephone numbers, e-mail, etc.) 2.Street address of each multiple familybuilding served. 3.Number of dwelling units for each multiple familybuilding. 4.Description of collection services made available to occupants, including number of multiple familyrecycling stations, number of multiple familyrecycling containers, location 22 of stations (or curbside service provided for multiple-familybuildings under eleven (11) units)and dates of collection. 5.Description of public education tools used to inform occupants of availability of services. 6.Tonnage quantities for each type of material recycled. 7.Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). 48.Municipal Facilities Collection Requirements The Contractor shall provide, at no charge, recycling containers and collection services once per week at the following City buildings: 1.City Hall-1830 County Road B East 2.Public Works Building-1902 County Road B East 3.Park & Recreation Maintenance Building-1810 County Road B East 4.Fire Station One-1177 Century Avenue North 5.Fire Station Two-1955 Clarence Street 6.Fire Station Three –1530 Hazelwood Street 7.Maplewood Community Center-2100 White Bear Avenue th 8.Nature Center –2659 East 7Street 9.Staging Areas for Public Space Recyclablesas designated by the City. 49.Annual Municipal Facilities Report The Contractor shall provide an annual report by January 31 to the City in regard to recycling at Municipal Facilities. The report shall contain, at a minimum, the following information: 1.Description of collection services made available to Municipal Facility, including number of recycling containers and dates of collection. 2.Tonnage quantities for each type of material recycled. 3.Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). INSURANCE AND OTHER LEGAL REQUIREMENTS 50.Insurance Insurancesecured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor shall have the City of Maplewood named as an additional insured on each insurance policy specified below, unless the Contractor submits in writing this is not feasible for a specific insurance policy. The Contractor shall then provide certificates of insurance to the City by approximately December 15 of each year. The Contractor and its sub-contractors shall secure and maintain the following insurance: 23 51.Workers Compensation Insurance Workers compensation insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. 52.Commercial General Liability Insurance Commercial general liability insurance shall be at the limits of at least $1, 500,000 bodily injury, per occurrence, or combined single limit e, and $500,000 property damage. . The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance includes up to $10,000 in additional coverage for expenses incurred to extract pollutants from land or water at the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause, including any deliberate, willful and negligent conduct on the part of Contractor or their laborers, employees or assigns. 53.Commercial Automobile Liability Insurance Commercial automobile liability insurance coveringall the Contractor’s owned,non-owned and hired automobiles with limits of at least $1,000,000 per person, $5,000,000 per occurrence, and $500,000 property damage or combined single limit. This insurance includes acause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 54.Transfer of Interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or notation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. 55.Non-Assignment and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said Agreementwithout written approval from the City. In the event the Cityorits successors or assigns files for bankruptcy as provided by federal law, this Agreementshall be immediately deemed null and void relieving all parties of their contract rights and obligations. 56.Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to this Agreementor the breach thereof, shall be settled, at the option of the Contractor,by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the arbitrator(s) may be entered in any court with jurisdiction thereof. 57.Performance Bond This contract specifies requirements for a performance bond in the case of the Contractor’s failure to perform contracted services. The performance bond shall be for a minimum of $300,000. The responsibility for renewal is the responsibility of the Contractor. 24 58.General Compliance The Contractor agrees to comply with all applicable local, state and federal laws and regulations governing funds provided under this Agreement. The Contractor pays its employees a living wage based on the recycling industry in the State of Minnesota and Washington County. The Contractor does not use temporary labor arrangements to avoid paying a living wage. Additionally, the contractor provides health insurance for all fulltime employees and a pro rata share for employees working more than twenty (20)hours but less than forty (40)hours a week. 59.Independent Contractor Nothing contained in this Agreementis intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or subcontractors of the Contractor only and not of the City; and anyand all claims that might arise, including worker's compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. 60.Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract, any resulting environmental liability that is a result of this Agreement or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Agreement. If a Contractor is a self-insured agency of the State of Minnesota,the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 61.Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 62.Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of six (6) years after the resolution of all audit findings. Records for non- expendable property acquired with funds under this contract shall be retained for six (6) years after final disposition of such property. 63.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 City any requests from third parties for information 25 relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, 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. All proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 64.Inspection of Records All Contractor records with respect to any matters covered by this Agreementshall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 65.Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 66.Contract Termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Agreement if the default has not been cured after sixty (60)days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Agreement is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this Agreementshall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 67.Employee Working Conditionsand Contractor’s Safety Procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable local, state and federal lawsand regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for worker's compensation or safety violations and standard operating procedures documents. 68.Agreement Amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. 26 IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. Tennis Sanitation, LLC City of Maplewood: By_______________________By_________________________ Chief Executive OfficerCity Manager Date:_____________________Date:_______________________ By_______________________By________________________ Chief Operating OfficerMayor Date:_____________________Date:_______________________ APPROVED TO FORM By__________________________ City Attorney 27 Attachment 5 ADVANTAGES TO THE CITYOF BUYING ITSOWN CARTS COST SAVINGS – Haulers pay the same price for a cart that the City would if purchasing directly. The hauler’s cost to finance these carts is higher than the City’s borrowing rate. (Please note: if capital to purchase the carts is not availableto the cities, third party “lease to own” financing with monthly payments is available. The carts are fully paid for after 5 years.) Even though the carts are a multi-year asset, the hauler will fully depreciate thecarts during the contract term, usually 5 years, and must earn an annualrate of return (typically 12%) on these assets, even if the City takes ownership of the carts at the end of 5 years. All of these costs are built into the hauler’s monthly bill for service.They arealso reflected in the very high monthly cart rental fees being charged in the market. CONTINUING COST UPON CONTRACT EXTENSIONS OR RENEWAL- If the City does not take ownership of the carts and the contract is extended beyond the original 5 year term, the Cityor its residents will continue to pay these higher than market costs related to carts that have already been fully depreciated. In a 10 year period (5 year contract plus 5 years of extensions), the City or its residents would pay all of these exorbitantcosts twice.In the case of residents being billed cart rental, this monthly fee is “forever”. Over a 10 year period with a monthly cart rental fee of $3.50/cart, the resident would pay $420.00 for a $50.00 cart! Even at a $2.00/month rental fee, the 10 year cost to the resident is $240.00. CONTROLOF HAULER PERFORMANCE– The City is able to terminate a contractor for poor performance without being “held hostage” by the threat of the contractor removing their carts. City-owned carts make it easy to quickly contract with a new hauler. THE CITY CHOOSES THE CART APPEARANCE AND QUALITY- When buying its own carts, the City, not the hauler, determines what cart is purchased, the color, the markings, and the quality. CONTROL OF SUBSEQUENT BIDS – If the current hauler owns the carts in place in the City, they have a significant cost advantage in new bids compared to other bidders who would have to buy all new carts and build that cost into their bid prices. It will be difficult to replace the current haulerin a new bid, regardless of the City’s dissatisfaction with their service. REMINDER OF CITY MANAGED SERVICE – Having the City’s name/logo imprinted on the cart reminds citizens that, although collection serviceis privatized, itis still managed by the City. LOWEST TOTAL COST OF OWNERSHIP – When requiredto include carts in its collection bidprice, the only incentive to the hauleris to find the cheapest cart available, regardless of cart quality or long term durability. Theless the hauler pays for the carts, the lower their collectionbid price will be or the higher their profit. If the City will eventually own the carts at the end of the contract, it will own carts that were chosen with no thought of theirtotal cost of ownership. As a result, the Citywill bear the higher cart maintenance cost and the cost of having to prematurely replacecheap carts that are not durable. Agenda Item 6a MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: November 14, 2013 for the November 19 ENR Commission Meeting SUBJECT: Annual Sustainability Report Introduction Sustainability is described as meeting the needs of the present without compromising the ability of future generations to meet their own needs.Local governments are in aunique position to implement and influence sustainability by the policies they set, by the approaches they use in city operations, and by the promotion of sustainability through City-wide education.For this reason, local governments should lead by example. Over the years Maplewood has made strides toward leadership in sustainability through various programs and educational opportunities that reduce emissions and pollution. Maplewood does this by promoting recycling, implementing stormwater best management practicesin developments and street projects, practicing sustainable City operations, andoffering environmental programmingat the Maplewood Nature Center, to name a few. Anotherimportant aspect of sustainability is setting and reporting on sustainability goals. The City has a number of methods for setting goals includingComprehensive Planning, Capital Improvement Plans, Budgets, Council Retreats, and Commission Goal Setting. The Annual Sustainability Report allows the City to report on the progress ofthose goals. Background Environmental and Natural Resources Commission The Environmental and Natural Resources Commissionis charged with developingand promoting sustainable practices for Citypolicies and procedures. In 2013 the ENR Commission worked on the following environmental issues: 1.Environmental Assessment Worksheetfor the Proposed 3M Research and Development Building 2.Annual Review of the Maplewood Residential Recycling Program 3.Arkwright-Sunrise Area Street Improvements 4.Wetland and Shoreland Ordinance Variance Requests for a Swimming Pool – 660 Eldridge Avenue East 5.Annual Review of the Maplewood Trash Program 6.Regional Indicators Initiative 7.Environmental Utility Fee Credit 8.Spring Clean Up (April 20) 9.Metro Cities Environmental Commissions Meeting (May 14) 10.National Pollutant Discharge Elimination System Phase II and MS4Permit Annual Report 11.Screening of A Chemical Reactionand Facilitated Discussion on Lawn Chemical Use by Julia Earl 12.Capital Improvement Plan for 2014-2018 13.Waterfest (June 1) 14.Subsurface Sewage Treatment Systems Ordinance 15.Review of Maplewood Turf Plan and Pesticide Use on Parks and Public Lands 16.National Night Out (August 6) 17.Tree Policies –Updates to Tree Ordinance and Policies 18.Wetland Buffer Waiver for the Maplewood Fire Station No. 1 –McKnight Road South of Minnehaha Avenue 19.Recycling Composite Study (October 12) 20.Update on Green Building Code 21.Maplewood Recycling Program –Recycling Contract and Recycling Carts Minnesota Green Step Cities Overview of Program GreenStep Cities is an assistance program for all Minnesota cities that supports and recognizes implementation of 28 sustainable development best practices.The best practices focus on cost savings and energy use reductions that lead cities beyond compliance and encourage a culture of innovation.Cities that implement a minimum number of best practiceswill be recognized as a GreenStep City. Best practices are organized into five categories including buildings and lighting, land use, transportation, environmental management, economic and community development. Maplewood Participation The City of Maplewood has been participating in the Minnesota GreenStep Cities program since December 2010. There are currently 57other cities participating in the program. GreenStep City Awards The program outlines four “Steps” of recognition: Step One –pass a resolution authorizing the city to participate in the program, register, and provide details of best practices accomplished; Step Two –implement at least 8 best practices; Step Three –implement at least 16 best practices; Step Four –this recognition Step is still being refined by the GreenStep Cities steering committeebut is said to add benchmarking requirements to better track sustainability goals. During the June League of Minnesota Cities Conference, the City of Maplewood hadthe honor of being recognized as a Step Three Minnesota GreenStep Cityfor completing 22 of the 28 sustainability best practices.The City will continue to work toward implementing and updating best practicesin 2014. Milestone–Living Streets Policy The GreenStep Cities advisors awarded Maplewood three stars fortheimplementation of best practice #11 –Complete Green Streets. The Maplewood Living Streets Policy adopted in January 2013 is an approach to street designthat strives tobalance functional elements (pavement, vehicles, utilities) withsustainable/green elements (pedestrians, bicycles, 2 stormwaterquality, landscaping), and the needs of the neighborhood andcommunity. Living Streets considers all factors of aproject and develops the most appropriate solution forthe neighborhood and community as a whole. Thegoals of Living Streets in Maplewood are to: raisethe quality of stormwater; calm traffic; enhancewalking and biking conditions; promote the urbanforest;ensure cost-effectiveness and practicality;and improve aesthetics. In 2012 the Bartelmy Meyer street improvement project was the first project constructed under the Living Streets guidelines.The project included: • reconstruction of two miles of residential roads, • a reduction in road width from 30 feet to 24 feet, •pavement reduced by 1 acre, •34 rain gardens and 1 regional filtration basin (approx. 19,000 s.f.) •3 miles of draintile pipes •200 street trees installed –6 species •1.5 miles of sidewalks •overall project captures the first 1 inch of runoff from 5.5 acres of impervious surfaces Environmental Recognition American Public Works Association –2013 Sustainability Practices Award The American Public Works Association acknowledged the City’s leadership in sustainability by awarding Maplewood the 2013 National Sustainability Practices Award. This prestigious national award recognizes Maplewood’s contributions to promoting sustainabilityCity-wide throughplanning, infrastructureinvestment, design standards, education, and daily operations in an environmentally and socially responsible way. Maplewood’s ability to influence change and lead a sustainable approach to infrastructure replacement and operations is driven by a culture that has become ingrained into Maplewood’s identity. The success is the result of support from all levelsof the community including elected officials, management, staff, and citizens. Green Team The Green Team is made up of a group of staff who work together on environmental and sustainability issues at a City operation level. The Green Team acts as the steering committee for the GreenStep Cities program. In addition to working on sustainable city operations, the Green Teamis focusing on department challengesin 2013.[Green Brackets] is the name of this challenge and it is designed to involve all employees in the City’s sustainability efforts.Each department or division chose a sustainability goal that will reduce energy and/or reduce waste in City operations. The goal should be: •Realistic: The intent is to have achieved our goals by the end of November 2013. The goals need to be something realistic that can be achieved by that date. •Specific: The goal should be specific and involve an effort or awareness from all employees. •Measurable: To ensure success of a goal, it needs to be measurable. An example includes the goal of reducingpaper within your department. The final report should specify how 3 much paper was used before the goal time period, and how much paper was used/reduced after. Examples of some of the department challenges include plasticwater bottle reduction (Community Center),lunch room composting(Finance Department), increased recycling(Fire Department), energy efficiency(Building Operations), and paper reduction (Community Development and Police Department).Final [Green Bracket] reports will be presented to the Green Team during the year-end meeting on November 20and summarized for the City Council during their review of the Annual Sustainability Report on December9. Education Nature Center The Nature Center’s mission is to enhance awareness and understanding of land, water and wildlife resources; to empower the community to become stewards of the environment. The naturalist at the Maplewood Nature Center offer environmental education programming throughout the year. Programming is designed for school groups, preschools, scouts, birthday parties and adult education. The Nature Center is also aresource.Visitors can access the nature library to identify a bird, or browse through the informational handouts to learn more about buckthorn removal and native landscaping. The Nature Center participates in sustainability projects for the Cityincluding submitting articles for the Seasons environmental newsletter, working with the City's Rain Garden Program, and participating in the City’s Green Team. Environmental Insert - Seasons The City publishes a quarterly environmental newsletter called Seasons. Each quarter the Seasons focuses on important environmental topicsdesigned to educate, inspire, and promote sustainability City-wide. Summary Maplewood is in a unique position toimplement and influence sustainability by the policies we set, by the approaches we use in Cityoperations, and by the promotion of sustainability through City-wide education. The Cityshould continue to strive to be a leader in the area of sustainability. Recommendation Review the information provided in the annual sustainability report and offer comments and feedback. Links www.ci.maplewood.mn.us/index.aspx?nid=567 1.Maplewood 2030 Comprehensive Plan: www.ci.maplewood.mn.us/sustainability 2.Maplewood Green Team: 3.Winter 2013/2014 Seasons: http://www.ci.maplewood.mn.us/DocumentCenter/View/9122 4.Minnesota GreenStep Cities:http://greenstep.pca.state.mn.us/ 5.American Public Works Association: http://www.apwa.net/ 6.Maplewood Nature Center: www.ci.maplewood.mn.us/nc 4