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HomeMy WebLinkAbout2024-06-24 City Council Workshop Packet AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:15 P.M. Monday, June 24, 2024 City Hall, Council Chambers A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS 1. Community Events and Engagement, Continued E. NEW BUSINESS 1. Residential Trash and Recycling Contract Extension F. ADJOURNMENT RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. THIS PAGE IS INTENTIONALLY LEFT BLANK D1 CITY COUNCIL WORKSHOP STAFF REPORT Meeting Date June 24, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Joe Sheeran, Communications Manager PRESENTER:Michael Sable, City Manager Joe Sheeran, Communications Manager AGENDA ITEM: Community Events and Engagement, Continued Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood engages with community members on a daily basis, through direct service, planned events both large and small, partnerships, commissions, social media and surveys. Recommended Action: Discuss strengths of existing community outreach; identify opportunities for more targeted engagement. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The City of Maplewood engages with community members on a daily basis, through direct service, planned events both large and small, partnerships, commissions, social media and surveys. Background: Each week Maplewood staff have several hundred community engagement opportunities. These occur in all departments, but especially public safety, code enforcement, parks, public works crews, at our reception desks and in our boards and commissions. In addition, Maplewood participates in or organizes more than 100 community events, large and small, in all corners of the community annually. Workshop Packet Page Number 1 of 124 D1 We partner with groups such as the YMCA, Salvation Army, and school districts 622 & 623 to reach a variety of diverse community members. We collaborate with the St. Paul Area Chamber and White Bear Area Chamber to stay connected with the business community. We are seeking to evaluate our strengths and identify opportunities to engage with more impact and action. Attachments: 1.Presentation Workshop Packet Page Number 2 of 124 D1, Attachment 1 Workshop Packet Page Number 3 of 124 D1, Attachment 1 Workshop Packet Page Number 4 of 124 D1, Attachment 1 Workshop Packet Page Number 5 of 124 D1, Attachment 1 Workshop Packet Page Number 6 of 124 D1, Attachment 1 Workshop Packet Page Number 7 of 124 D1, Attachment 1 Workshop Packet Page Number 8 of 124 D1, Attachment 1 Workshop Packet Page Number 9 of 124 D1, Attachment 1 Workshop Packet Page Number 10 of 124 D1, Attachment 1 Workshop Packet Page Number 11 of 124 D1, Attachment 1 Workshop Packet Page Number 12 of 124 D1, Attachment 1 Workshop Packet Page Number 13 of 124 D1, Attachment 1 Workshop Packet Page Number 14 of 124 D1, Attachment 1 Workshop Packet Page Number 15 of 124 D1, Attachment 1 Workshop Packet Page Number 16 of 124 D1, Attachment 1 Workshop Packet Page Number 17 of 124 D1, Attachment 1 Workshop Packet Page Number 18 of 124 D1, Attachment 1 Workshop Packet Page Number 19 of 124 D1, Attachment 1 Workshop Packet Page Number 20 of 124 D1, Attachment 1 Workshop Packet Page Number 21 of 124 E1 CITY COUNCIL WORKSHOPSTAFF REPORT Meeting Date June 24, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love,Director of Public Works /City Engineer Audra Robbins, Parks and Natural Resources Manager Shann Finwall, ACIP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Maplewood Residential Trash and Recycling Contract Extension Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The residential trash and recycling contracts with Republic Services and Tennis Sanitation end June 30, 2025. The City must consider extending the existing contracts or release a Request for Proposal (RFP) for new contracts. Tonight, City staff’s presentation will cover a review of existing contracts and the proposals for two-year extensions of the trash and recycling contracts. Staff is looking for feedback on moving forward with the proposed contract extensions. Recommended Action: Review and discuss the contract extensions with Republic Services and Tennis Sanitation. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The City’s residential trash and recycling collection program creates operational effectiveness by protecting public health and safety and promoting City cleanliness and livability. It is also an important component of the City’s environmental stewardship and green assets by using best management practices to reduce waste and protect air quality, water quality, and natural resources. Workshop Packet Page Number 22 of 124 E1 Background: Residential Trash and Recycling Contracts The residential trash and recycling contracts with Republic Services and Tennis Sanitation began on January 1, 2020, and end on June 30, 2025. There is no extension language outlined in the residential trash or recycling contracts. Performance Republic Services has been the City’s contracted trash hauler since the City organized its trash hauling in 2012. There have been no outstanding performance issues with the trash, bulky item, or yard waste collection since that time. Tennis Sanitation has been the City’s contracted recycling hauler since 2011. There have been no outstanding performance issues with recycling collection since that time. Comparisons The attached chart compares the City’s trash and recycling contracts with six other Ramsey County cities that have some form of organized trash collection. There are many variables that can affect pricing including: 1) size of city; 2) frequency of collection; 3) city-owned carts; 4) new, mid, or late term contracts; 5) contract length; etc. The rates for trash and recycling range from $247.92 to $450.28 a year for a medium sized cart, with Maplewood falling in the middle at $331.20 yearly. Contract Extensions Trash Contract Term: Two-year extension from July 1, 2025 through June 30, 2027. Rates: Maplewood’s trash rates are made up of four fees including: 1) collection fee (cost to collect the trash at the curb); 2) tipping fee (cost to dispose of the trash at Ramsey-Washington Recycling and Energy Center); 3) state and county solid waste tax; 4) and the City’s trash cart fee. The contract outlines just the collection fee, which is the same for all cart sizes. The contractor has no control over the other fees that make up the City’s trash rates. Trash Collection (per cart, per month): o Current contract rates: 1-1-20 to 12-31-20: $7.40 1-1-21 to 12-31-21: $7.70 1-1-22 to 12-31-22: $8.00 1-1-23 to 12-31-23: $8.33 1-1-24 to 12-31-24: $8.66 1-1-25 to 6-30-25: $9.01 o Contract extension rates: 7-1-25 to 12-31-25: $9.01 (rates remain the same as current contract) 1-1-25 to 12-31-26: $9.46 1-1-27 to 6-30-27: $9.93 Extra Bags of Trash and Extra Cart Pricing (extra bag or extra cart per month): o Current contract rates:$6.00 to $7.30 o Contract extension rates: $9.01 to $9.93 Bulky Waste Items (per bulky item): Workshop Packet Page Number 23 of 124 E1 o Current contract rates:$10.00 to $35.00 o Contract extension rates: $10.50 to $37.00 Yard Waste (per season April through November): o Current contract rates: $120.00 to $146.00 o Contract extension rates: $146.00 to $160.97 Contract Language: Postpone Recycling Collection: The contractor shall attempt to coordinate the postponement of collections with the Recycling Contractor to the extent possible (to avoid miscommunication when only one contractor postpones collection due to severe weather). Reports: Updates to monthly and yearly reports based on current needs. Municipal Facilities: Clarifying the facilities and addresses where recycling is collected by the contractor. Cart Management: When a resident cancels trash service, the Contractor shall schedule pickup of the trash cart to ensure the new owner/tenant sets up new service with their preferred cart size. Food Scraps Pickup Program: New language identifying the Ramsey County’s Food Scraps Pickup Program and how all trash haulers in the county participate in that program. Bad Debt/Delinquent Accounts: Changing the administrative fee from 8 percent per month of the outstanding balance of the trash service fee to 10 percent of the balance due for delinquent accounts; and adding language that ensures once the delinquent amounts have been assessed to the property no additional late fees shall be added to the account until such time as the account is past due again. This is a negotiation of the current language to ensure no compounding of late fees and ensure that late fees are no longer charged once assessed to the property. Recycling Contract Term: Two-year extension from July 1, 2025 through June 30, 2027. Rates: Maplewood’s recycling rates are made up of the collection cost outlined in the contract, and other City solid waste management budget needs. The contract outlines just the collection fee, which is the same for all cart sizes. The contractor has no control over the other fees that make up the City’s recycling rates. Recycling collection (per cart, per month): o Current contract rates: 1-1-20 to 12-31-20: $4.00 1-1-21 to 12-31-21: $4.25 1-1-22 to 12-31-22: $4.50 1-1-23 to 12-31-23: $4.75 1-1-24 to 12-31-24: $5.00 1-1-25 to 6-30-25: $5.25 o Contract extension rates: 7-1-25 to 12-31-25: $5.25 (rates remain the same as current contract) 1-1-25 to 12-31-26: $5.60 1-1-27 to 6-30-27: $5.95 Contract Language: Workshop Packet Page Number 24 of 124 E1 Postpone Recycling Collection: The contractor will work with the City to provide communication that does not send mixed messages (to avoid miscommunication when only one contractor postpones collection due to severe weather). Multi-Dwelling Unit Property Owners: The contractor shall mail annual letters to the owners and/or managers of all multi-dwelling properties that have central recycling collection in the first quarter of each year (instead of by March 1). Reports: Updates to monthly and yearly reports based on current needs. Municipal Facilities: Clarifying the facilities and addresses where recycling is collected by the contractor. Summary Maplewood’s current trash and recycling contracts have offered residents competitive pricing, good service, convenience of weekly collection, variety of cart size choices, value-added solid waste management options such as curbside bulky item and yard waste collection. The current contracts have also offered the City cost-saving solid waste management tools such as free trash and recycling collection at City facilities and parks, and collection of bulky items during the City’s annual Spring Clean Up event. The two-year contract extensions will offer the same efficient solid waste system, while maintaining competitive prices for an additional two years. Attachments: 1. Maplewood Residential Trash and Recycling Contract Extension Power Point Presentation 2. Amended and Restated Service Agreement Between the City of Maplewood and Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities for Comprehensive Residential Trash Collection Services 3. Amended and Restated Service Agreement Between the City of Maplewood and Tennis Sanitation, LLC, for Comprehensive Residential Recycling Services 4. Residential Trash and Recycling Comparison Table Workshop Packet Page Number 25 of 124 E1, Attachment 1 2016 City Council th June 24, 2024, City Council Workshop April 11 Recycling Contract Extension Maplewood ResidentialTrash and Workshop Packet Page Number 26 of 124 E1, Attachment 1 Single Family Homes (up to four unit buildings)Yard Waste SubscriptionCity Facilities and ParksSpring Clean Up and Fall Clean Up Campaign Republic Services -Trash and Yard Waste Contract¤¤¤¤ Contracts Workshop Packet Page Number 27 of 124 E1, Attachment 1 Single-Family HomesMulti-Family HomesCity Facilities and ParksSmall Businesses and Churchescan Opt Into the Program Tennis Sanitation -Residential Recycling Contract ¤¤¤¤ Contracts Workshop Packet Page Number 28 of 124 E1, Attachment 1 5-1/2 YearJanuary 1, 2020 to June 30, 2025Two-year extensionJuly 1, 2025 to June 30, 2027 Extension oooo Current Terms: ¤¤o Contracts Workshop Packet Page Number 29 of 124 E1, Attachment 1 Comparisons Workshop Packet Page Number 30 of 124 E1, Attachment 1 Current contract: $7.40 to $9.01Extended contract: $9.01 to $9.93Current contract: $7.40 to $9.01Extended contract: $9.01 to $9.93Current contract: $10 to $35 per itemExtended contract: $10.50 to $37 per itemCurrent contract: $120 to $146 per seasonExtended contract: $146 to $160.97 ¤¤¤¤¤¤¤¤ Trash: Extra Bags of Trash and Extra Cart Pricing: Bulky Waste Items: ¤¤¤ Rates: Yard Waste: Trash and Yard Waste Contract Extension¤¤ Contract Changes Workshop Packet Page Number 31 of 124 E1, Attachment 1 Postpone Recycling CollectionReportsMunicipal FacilitiesCart ManagementFood Scraps Pickup ProgramBad Debt/Delinquent Accounts ¤¤¤¤¤¤ Contract Language: Trash and Yard Waste Contract Extension¤ Contract Changes Workshop Packet Page Number 32 of 124 E1, Attachment 1 Current contract: $4.00 to $5.25 per household per monthExtended contract: $5.25 to $5.95 per household per month Residential Recycling Contract Extension¤¤ Contract Changes Workshop Packet Page Number 33 of 124 E1, Attachment 1 Postpone Recycling CollectionMulti-Dwelling Unit Property OwnersReportsMunicipal Facilities ¤¤¤¤ Contract Language Residential Recycling Contract Extension ¤ Contract Changes Workshop Packet Page Number 34 of 124 E1, Attachment 1 good service convenience of weekly collection variety of cart size choices value-added solid waste management options such as curbside bulky item and yard waste collectionCity-wide solid waste management tools including free trash and recycling collection at City facilities and parks and free collection of bulky items during the CityÔs annual Spring Clean Up event. ¤¤¤¤¤ Competitive pricing; and Continued efficient solid waste management system including: Staff recommends a two-year residential trash and recycling contract extension for the following reasons:¤¤ Summary Workshop Packet Page Number 35 of 124 E1, Attachment 1 Workshop Packet Page Number 36 of 124 E1, Attachment 2 AMENDED AND RESTATED SERVICE AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities FOR COMPREHENSIVE RESIDENTIAL TRASH COLLECTION SERVICES * (*INCLUDING COLLECTION SERVICES FOR: YARD WASTE, BULKY ITEMS, SPRING CLEAN UP, FALL CLEAN UP CAMPAIGN, AND TRASH AND ORGANICS COLLECTION FROM CITY FACILITIES) Workshop Packet Page Number 37 of 124 E1, Attachment 2 Table of Contents 1. INTRODUCTION ............................................................................................................... 1 2. DEFINITIONS ................................................................................................................... 1 3. GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................ 1 3.1. Eligible Household Count .................................................................................................. 2 3.2. Term of Contract ............................................................................................................... 2 3.3. Extension Options ............................................................................................................. 2 3.4. This Agreement Takes Precedent over RFP and Contractor’s Proposal ........................... 3 3.5. Monthly and Annual Reports ............................................................................................. 3 3.6. Five Year Implementation Plan ......................................................................................... 5 3.7. Annual Work Plan ............................................................................................................. 5 3.8. Annual Performance Review ............................................................................................. 6 3.9. Public Education Information for Eligible Households ....................................................... 6 3.10. City Shall Approve All Contractor Public Education Tools ................................................. 7 3.11. Missed Collections ............................................................................................................ 7 3.12. Postpone Trash Collection ................................................................................................ 7 3.13. Collection Hours and Days ................................................................................................ 7 3.14. Designated Contact Person .............................................................................................. 8 3.15. Customer Complaints and Call Center Service ................................................................. 8 3.16. Accuracy of Call Center Responses .................................................................................. 8 3.17. Weighing of Loads ............................................................................................................ 9 3.18. Scavenging Prohibited ...................................................................................................... 9 3.19. Cleanup of Spillage or Blowing Litter ................................................................................. 9 3.20. Disposal and Recovery at Licensed and Permitted Facilities Only .................................... 9 3.21. Designated Disposal Facilities for Trash ......................................................................... 10 3.22. Recovery or Disposal of Yard Waste and Bulky Items .................................................... 10 3.23. Vehicle Requirements ..................................................................................................... 10 3.24. Vehicle Inspections ......................................................................................................... 11 3.25. Personnel Requirements ................................................................................................. 11 3.26. Litter Pickup .................................................................................................................... 11 3.27. Truck Fluid Leaks or Spills .............................................................................................. 11 3.28. Safety .............................................................................................................................. 12 3.29. Truck and Driver Licenses and Permits ........................................................................... 12 3.30. Performance Monitoring .................................................................................................. 12 3.31. Liquidated Damages ....................................................................................................... 12 3.32. Accommodations for Road and Other Construction Projects .......................................... 14 3.33. Ownership of Trash ......................................................................................................... 14 3.34. Equipment ....................................................................................................................... 15 4. TRASH COLLECTION REQUIREMENTS ...................................................................... 15 4.1. Summary Scope of Services ........................................................................................... 15 4.2. Collection Day Service Areas .......................................................................................... 15 4.3. Trash Service Levels ....................................................................................................... 15 4.4. Trash Carts ..................................................................................................................... 15 4.5. Same Day Collections with Recycling Service Areas ...................................................... 16 4.6. Point of Collection ........................................................................................................... 16 4.7. Collection Schedule Deadline ......................................................................................... 16 4.8. Trucks Shall Be Equipped with Automatic Lifters ............................................................ 17 4.9. Trucks Shall Be Equipped with Wind Screens ................................................................. 17 Page i Workshop Packet Page Number 38 of 124 E1, Attachment 2 4.10. Trucks May Be Equipped with RFID Data Management Systems ................................... 17 4.11. Procedure for Handling Prohibited Materials ................................................................... 17 4.12. Damage to Pavement ..................................................................................................... 17 5.YARD WASTE COLLECTION REQUIREMENTS .......................................................... 18 5.1. Voluntary Yard Waste Subscription Service .................................................................... 18 5.2. Yard Waste Cart Requirements....................................................................................... 18 5.3. Base Yard Waste Service Level and Allowed Overflow Amounts .................................... 18 5.4. Scheduled Months for Yard Waste Collection Service .................................................... 18 6.BULKY ITEM COLLECTION REQUIREMENTS ............................................................ 18 6.1. Special Bulky Items Collection ........................................................................................ 18 7.OTHER COLLECTION SERVICE REQUIREMENTS ..................................................... 19 7.1. Separate Christmas Tree Collection Service ................................................................... 19 7.2. Food Waste and Other Organic Waste ........................................................................... 19 7.3. Municipal Facilities Collection Requirements .................................................................. 19 8.BILLING FOR SERVICES .............................................................................................. 20 8.1. Trash Collection Fee ....................................................................................................... 20 8.2. Pay As You Throw Price Schedule .................................................................................. 20 8.3. Additional Trash Cart Price ............................................................................................. 20 8.4. Additional Overflow Trash Bag Price ............................................................................... 20 8.5. Trash Disposal Fees ....................................................................................................... 20 8.6. Trash Disposal Fee Adjustments..................................................................................... 21 8.7. Trash Cart Exchange/Replacement Delivery Fee ........................................................... 21 8.8. Yard Waste Removal Fee ............................................................................................... 21 8.9. Yard Waste Overflow Fee ............................................................................................... 21 8.10. Special Bulky Items Fee .................................................................................................. 22 8.11. Spring Clean Up Event Fee ............................................................................................. 22 8.12. Fall Clean Up Campaign ................................................................................................. 22 8.13. Electronic Waste Fee ...................................................................................................... 22 8.14. Other Bulky Items Fee..................................................................................................... 22 8.15. Credits for Extended Vacations ....................................................................................... 23 8.16. Bad Debt / Delinquent Accounts...................................................................................... 23 9.INSURANCE AND OTHER LEGAL REQUIREMENTS .................................................. 23 9.1. Insurance ........................................................................................................................ 23 9.2. Workers Compensation Insurance .................................................................................. 24 9.3. Commercial General Liability Insurance .......................................................................... 24 9.4. Commercial Automobile Liability Insurance ..................................................................... 24 9.5. Transfer of Interest .......................................................................................................... 24 9.6. Non-Assignment and Bankruptcy .................................................................................... 25 9.7. Dispute Resolution and Arbitration Procedures ............................................................... 25 9.8. Performance Bond .......................................................................................................... 25 9.9. General Compliance ....................................................................................................... 25 9.10. Independent Contractor................................................................................................... 25 9.11. Hold Harmless ................................................................................................................. 26 9.12. Accounting Standards ..................................................................................................... 26 9.13. Retention of Records ...................................................................................................... 26 9.14. a Practices ................................................................................................................. 26 9.15. Inspection of Records ..................................................................................................... 26 9.16. Applicable Law ................................................................................................................ 27 9.17. Agreement Termination ................................................................................................... 27 9.18. Employee Working Conditions and Contractor’s Safety Procedures ............................... 27 Page ii Workshop Packet Page Number 39 of 124 E1, Attachment 2 9.19. Agreement Amendments ................................................................................................. 27 9.20. Wavier of Claims ............................................................................................................. 27 Appendices Appendix A Definitions ...................................................................................................... 29 Appendix B Map of Trash Service Areas ........................................................................... 34 Appendix C Trash and Yard Waste Cart Management Plan .............................................. 35 Appendix D Trash Education Tags .................................................................................... 37 Appendix E Rates ............................................................................................................. 39 Page iii Workshop Packet Page Number 40 of 124 E1, Attachment 2 1. INTRODUCTION This Amended and Restated Agreement is made this day _____________________ Font color: Red, Strikethrough Formatted: September 9, 202419, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Allied Waste Services of North America, LLC Font color: Red, Strikethrough Formatted: dba Republic Services of the Twin Cities (the “Contractor”). WITNESSETH: WHEREAS, the City supports a comprehensive residential Trash Collection program and desires that high-quality, cost-effective, Trash Collection services be available to all its residents with transparent pricing and minimum City administration; WHEREAS, the City released a request for proposals (“RFP”) for comprehensive Trash and Recycling Collection services (incorporated herein to this Agreement by reference); WHEREAS, the City released Addendum #1 (“Addendum”) to the RFP (incorporated herein to this Agreement by reference); WHEREAS, the Contractor submitted a proposal (“Proposal”) to the City in response to the RFP (incorporated herein to this Agreement by reference); and WHEREAS, the Contractor submitted responses to the City’s questions about the Contractor’s proposal (incorporated herein to this Agreement by reference); and WHEREAS, the City Council authorized staff to begin negotiations with the Contractor to develop a draft Agreement; and WHEREAS, the City Council authorized execution of the Agreement. NOW, THEREFORE, the City and Contractor mutually agree to this Agreement, in consideration of the mutual promises and covenants contained herein. 2. DEFINITIONS Definitions for this Agreement are contained in Appendix A to this Contract. 3. GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all collections services: Trash, Yard Waste, Bulky Items, City facilities Trash and Organics Waste Collection services, Spring Clean Up, and Fall Clean Up Campaign. More detailed specifications about Collection frequencies, levels and other factors unique to each type of service are described within specific Sections in this Agreement. Page 1 of 40 Workshop Packet Page Number 41 of 124 E1, Attachment 2 Eligible Household Count The total, approximate number of Single-Family Dwellings eligible for this service is 9,332 Single-Family Dwellings, which includes townhomes and manufactured homes that have opted into the City’s trash service. According to the City’s solid waste ordinance, townhomes and manufactured homes can have their own private Trash Collectioncontract, but can opt into the City’s Trashcontract. The City will provide the Contractor with a list of resident names and addresses from the St. Paul Regional Water Services water bills. By November 1, 2019, the Contractor will supply the City with a list of eligible households, current billing and service names, addresses, and service levels as selected by the resident. Excluded from this eligible Single-Family Dwellingscount are approximately 2,013 townhomesand manufactured homes that have not opted into the City’s Trashcontract, but could do so in the future. City will provide reasonable assistance to Contractor to educate and enroll eligible participates who have not opted into the City’s Trash Contract. Each year, by November 1, as a part of the annual report and work plan as defined inthis Agreement, the City and the Contractor shall reconcile the changes to these household countsand agree on the new number. The City may use City construction permits, utility bills, and propertytax identification numbers to monitor changes to the household counts. The Contractor may use its customer data base, billing records, and route data from their drivers and operations personnelto monitor changes to the household counts. Term of Contract The term of the Agreement shall be from date of execution through June 30, 2025. Actual Collectionservice operations will be a period from January 1, 2020 through June 30, 2025. The City may consider an extension if mutually agreed to in writing by the City and the Contractorat least eighteen (18) months prior to the end of any current term of this Agreement. The Amended and Restated Agreement shall be from date of execution through June 30, 2027. Actual Collection service operations will be a period from July 1, 2025 through June 30, 2027. Extension Options Any extension will be subject to the City’s sole determination of the service and of the City residents’ best interests. The basic elements and terms of this Agreement must be retained in place for such extensions. Minor amendments may be negotiated between both parties. The Contractor shall not consider the right of the City to extend the initial five (5) year and six (6) month term with extensions to constitute or imply any obligation by City to renew the Contract. Nothing in this Agreement shall be interpreted or implied to mean that the City will extend or negotiate beyond June 30, 2025. Page 2 of 40 Workshop Packet Page Number 42 of 124 E1, Attachment 2 This Agreement Takes Precedent overRFP and Contractor’s Proposal The contents of the City’s Request for Proposal (RFP) for Trash and Recycling Collection Services (dated May 20, 2019), the Contractor’s proposal (dated June 17, 2019,and the Contractor’s responses to City questions (dated July 1, 2019) are part of the contractual obligations and are incorporated by reference into this Agreement. If any provision of this Agreement is in conflict with the referenced RFP, Contractor proposal, Contractor response, or other documents, this Agreement shall take precedent. Fontcolor:Red,Strikethrough Formatted: 3.4.1.Monthly and Annual Reports Heading3,Heading 3 Char,Indent:Left: 0.38" Formatted: The Contractor will submit to the City monthly and annual reports. At a minimum, the Contractor shall include the following information in themonthly reports: Trash cart size / Collectionservice level, including weekly andevery other week (EOW). Total quantities of Trash collected (in tons). Total quantities of Yard Waste collected(in tons). Total quantities of Bulky Itemscollected (in tonsor item counts) separated into regular Bulky Item collection and Fall Clean Up Campaign collection of Bulky Items. Revisions to any counts of eligible households served. Number of Trashcart switches, repairs, replacements, and trash cart purchases needed. Service log ofall resident addresses where education tags were left because of prohibited materials set out for TrashCollectionor other forms of non-compliance. 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. National call center details including number of calls, speed to answer, call abandonment, average call handle time. Safety and accident reports. Residents with Walk-Up service. Fontcolor:Red At a minimum, the Contractor shall include the following information in the annual reports:Formatted: Fontcolor:Red,Strikethrough Formatted: Same information as per the monthly reports above rolled-up into an annual summary total for the year. Total number of households served by: Single-Family Dwellingsserved. Dwellings within homeowners’ associations (e.g., townhomes, manufactured home, or other planned unit developments). Route by day. Customer service improvements based on the net promoter scores. Gallons of fuel or mileage of vehicles traveled for the City’s greenhouse gas assessment. Page 3 of 40 Workshop Packet Page Number 43 of 124 E1, Attachment 2 th Monthly reports shall be due to the City by the fifteenth (15) day of each monthfor the previous month’s data. Annual reports shall be due by February 7of each yearfor the previous year’s data. The Contractor and City shall agree on mutually acceptable data report formats (e.g., MicrosoftWord and/orExcel spreadsheet documents). The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s Trashprogram (e.g., public education, customer service communications, etc.). 3.5Reports 3.5.1.3.5.1Monthly Reports The Contractor will submit to the City monthly reports. At a minimum, the Contractor shall include the following information in the monthly reports: Trash cart size/collection service level, including weekly and every other week (EOW). Total quantities of trash collected (in tons). Total quantities of yard waste collected (in tons). Total quantities of bulky items collected (in tons or item counts), separated into regular bulky item collection and Fall Clean-Up Campaign collection of bulky items. Revisions to any counts of eligible households served. Number of trash cart switches, repairs, replacements, and trash cart purchases needed. Service log of all resident addresses where education tags were left because of prohibited materials set out for trash collection or other forms of non-compliance. Safety and accident reports. Residents with walk-up service. Gallons of fuel or mileage or vehicles traveled for the City’s greenhouse gas assessment. Log of trash and organic weights from each City facility and park. The following logs are to be made available upon request by the City: 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. National call center details, including number of calls, speed to answer, call abandonment, and average call handle time. th Monthly reports shall be due to the City by the fifteenth (15) day of each month for the previous month’s data. The Contractor and City shall agreeon mutually acceptable data report formats (e.g., Microsoft Word and/or Excel spreadsheet documents). 3.5.2.3.5.2Annual Reports At a minimum, the Contractor shall include the following information in the annual reports: Trash cart size/collection service level, including weekly and every other week (EOW). Total quantities of trash collected (in tons). Total quantities of yard waste collected (in tons). Total quantities of bulky items collected (in tons or item counts), separated into regular bulky item collection and Fall Clean-Up Campaign collection of bulky items. Revisions to any counts of eligible households served. Number of trash cart switches, repairs, replacements, and trash cart purchases needed. Page 4 of 40 Workshop Packet Page Number 44 of 124 E1, Attachment 2 Service log of all resident addresses where education tags were left because of prohibited materials set out for trash collection or other forms of non-compliance. Safety and accident reports. Residents with walk-up service. Gallons of fuel or mileage or vehicles traveled for the City’s greenhouse gas assessment. Log of trash and organic weights from each City facility and park. Total number of households served by: Single-Dwelling Units served. Dwelling Units within homeowners’ associations (e.g., townhomes, manufactured home, or other planned unit developments). Route by day. National call center details, including number of calls, speed to answer, call abandonment, average call handle time and customer service improvements based on the net promoter scores. The following logs are to be made available upon request by the City: 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. Annual reports shall be due by February 7 of each year for the previous year’s data. The Contractor and City shall agree on mutually acceptable data report formats (e.g., Microsoft Word and/or Excel spreadsheet documents). The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s trash program (e.g., public education, customer service communications, etc.). Five Year Implementation Plan By March 1, 2020, the City and the Contractor shall develop an overall implementation plan that identifies all tasks and assignmentsnot yet specified in this Agreement. This implementation plan shall include all future major activities, including (but not limited to): Means to maintain adequate Trash cart inventory records, including addressing the potential use of the RFID tag cart identification system. Possible Organic Waste collections. Details of the PAYT schedule for each future Agreement year. Improvements in routing (including possible CollectionService Area consolidation or other changes in the day certain schedule and service areas). Annual Work Plan The Contractor shall submit an annual work plan proposal no later than November1 for the upcoming calendar year to outline key priorities for system improvements. Items to be included in the annual work plan areany proposed amendments to the “five–year” implementation schedule as outlined above, customer service improvements based on the net promoter scores, household audits (as needed), discussions regarding the feasibility of on call walk up service,andproposed improvements to the Spring Clean Up and Fall Clean Up Campaign. Page 5 of 40 Workshop Packet Page Number 45 of 124 E1, Attachment 2 Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the annual work plan. The City shall review and approve the work plan during the Annual Performance Review outlined below. The annual work plan shall be incorporated by referenceas amendments to this Agreement. Annual Performance Review Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor. The objectives of this annual meeting will include, but notbe limited to: Review Contractor’s annual report. Review Contractor’s performance based on feedback from residents to the City’s Environmental and Natural Resources (ENR) Commission, City Council, and City staff. Review Contractor’s recommendations for improvement in the City’sTrash Collectionprogram, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. ReviewCity staff recommendations for Contractor’s service improvements. Discuss the Pay As You Throw (PAYT) pricing schedule, including careful review of the actual number of Trash carts by size from the previous Agreement year, Trash cart switches by Trash cart size, and agree upon the details of PAYT price increments for the next Agreement year. (Note: The City and the Contractor will meet annually in August to create a PAYT price schedule for each subsequent year.) Discuss other opportunities for improvement with the remaining years under the current Agreement. Public Education Information for Eligible Households The City shall draft an annual solid waste educational flyer. The flyer shall be approved by the Contractor. The Contractor shall pay for the design, publication, and distribution via bulk mail delivery. The flyer will include an annual calendar specifying holiday Collection days. Quarterly, the Contractor will supply the City with a list of new resident accounts including name and address and the City will supply the Contractor with a list of resident names and addresses from the St. Paul Regional Water Services water bill on aquarterly basis– January 15, April 15, July 15, October 15. Education tags shallbe left by Contractor’s Collectioncrews at the time any material is left behind without being collected to instruct residents why the material was not collected (e.g., Prohibited Materials, Bulky Items, Yard Waste,or other waste requiring separate Collection trucks). See Appendix D for the current version of the Contractor’s education tag. Changes to this education tag shall be submitted in writing to the City for approval prior to any printing. The Contractor shall have Maplewood specific content on its web site about the City’s trash and yard waste program, including an active hyperlink to the City’s web page containing trash and yard waste instruction for the City’s residents. Page 6 of 40 Workshop Packet Page Number 46 of 124 E1, Attachment 2 City Shall Approve All Contractor Public Education Tools Whenever feasible, the Contractor shall submit a draft of any public education literature or other public education tools (e.g., web page instructions, education tags, etc.) for approval by the City, at least one (1) month before printing, distribution or other release of any such literature or tools. Whenever feasible the Contractor shall submit a draft of any “Call them all” telephone messages for approval by the City. The Contractor will include City contacts on the “Call them all” calling list to include the Community Development Director, Environmental Planner, and Front Desk Customer Service telephone lines. No Prohibited Mailings or public education materials or other communications to City residents shall be produced or distributed without prior City written approval. Missed Collections The Contractor shall have a duty to pick up missed Trashcollections. 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 11:00a.m. on a business day. With respect to all notices of a missed Collectionreceived after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed Collectionbefore 4:00 p.m. on the following business day. If the resident did not have their container in place for Collectionat the time when the Contractor provided service, it is not deemed a “missed Collection”. Postpone Trash Collection Afternotice to the City, the Contractor may postpone collections due to severe weather or other causes outside the Contractor’s reasonable control. The Trash Contractor shall attempt to coordinate the postponement of collections with the Recycling Contractor to the extent possible (i.e., if the Recycling Contractor postpones collection, theTrash Contractor shall also postpone collection). The Contractor shall coordinate severe weather service postponement announcements with the City. Mixed messages shall not be broadcast to City residents. “Severe Weather” shall include, but not be 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. “Other causes” shall include, but not be limited to, those cases that occur beyond the Contractor’s control preventing regular Collectionof selected routes. If collections are postponed, the Contractor shall notify the City. Upon postponement, Collectionwill be made on the next day following the conclusion of the service weather event, or as soon as possible. Collection Hours and Days The City requires all such collections begin no sooner than 6 a.m. and shall be complete by 6 p.m. Furthermore, the City requires scheduled Collectiondays to be Monday through Friday, and as 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 “Postpone Trash Collection” Section). The Contractor must request such exception from Page 7 of 40 Workshop Packet Page Number 47 of 124 E1, Attachment 2 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. Designated Contact Person The City and Contractor shall provide a designated contact person for purposes of daily communications and reportsprior to execution of the Agreement. Contractor’s designated contact person is Romack Franklin, Municipal Services Manager, and the alternate contact person will be Daniel Braband, Operations Manager. The Contractor shall immediately notify the City of any changes to these contact persons. The designated contact person, or his/her designated alternate, shall be available via phone and e-mail during customer service hours and whenever trucks are providing service within the City. Customer Complaintsand Call Center Service The Contractor shall provide staffing of a telephone equipped office to receive missed Collectioncomplaints and other complaints between the hours of 7:00 a.m. until 5:00 p.m. on all days of Collectionas specified in this Contract. Phone calls to the Contractor for any reason must be answered by a “live person” rather than a recordingwithin an average of one (1) minute of call connection, or roll over to an answering machine/voice mail system to leave a messageor a system to call back the customer. The Contractor may have music or City-approved educational information during the one (1) minute delay. Return calls to voice mail messages or call back systems must be returned within one (1) hour during the hours of 7:30 a.m. to 4:00 p.m. during regular business hours. Voice mail messages or call back requests left after 4:00 p.m. must be returned prior to 8:30 a.m. the next business day. Recorded messages of the Contractor shall request a daytimephone number where the caller can be reached. The Contractor may also request an email address for customers in addition to a daytimephone number. 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 th office as of the execution of the Agreement is 4325 East 66Street, Inver Grove Heights, MN 55076. The Contractor shall also allow complaints to be made electronically. 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. Accuracy of Call Center Responses The Citywill produce a fact sheet containing frequently asked questions (“FAQs”) that are commonly received from residents about the Maplewood program. The FAQs fact sheet will also contain the recommended standard responses to be given by the City and Contractor customer service call center staff. Before the FAQs fact sheet is finalized, the City will solicit input and comments from the Contractor, but responsibility for the final document will rest with the City. The City may from time-to-time update the FAQsfact sheet as needed and will notify the Contractor and solicit input on the changes. Page 8 of 40 Workshop Packet Page Number 48 of 124 E1, Attachment 2 The Contractor’s customer service call center staff serving the Cityshall be trained on the use and compliance requirements for following the FAQs fact sheet when answering questions from Cityresidents. The City will notify the Contractor immediately if the City receives any legitimate complaints about the accuracy of answers given by the Contractor’s customer service call center staff. The Contractor shall take corrective action to cure the mistake and notify the City of the actions taken and means to prevent recurrence. The City may make anonymous phone calls to the Contractor acting as if the call is from the general public to ask selected questions. If such calls are made, an email report summarizing the accuracy of the customer service representatives’ responses will be provided back to the Contractor. Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, Collectionroute, driver’s name, vehicle number, tare weight, gross weight, and net weight. 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. Scavenging Prohibited All materials placed for Collectionshall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them. Upon Collectionby the Contractor, the materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City’s designatedContractor to collect, remove, or dispose of designated solid wasteafter the materials have been placed or deposited for Collectionin the City-purchased carts. The Contractor’s employees may not collect or scavenge through in any manner that interferes with the contracted services. Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material knowingly spilled or blown during the course of Collectionand/or hauling operations. All Collectionvehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Collected solid waste shall be transported in a covered enclosed vehicle so that material does not drop or blow onto any public street or private property during transport. Disposal and Recovery at Licensed and Permitted Facilities Only The Contractor shall be responsiblefor the safe, legal, and environmentally sound disposal of all Trash, Yard Waste, Bulky Items, and any other items and materials collected under this Agreement. Contractor shall not be required to collect Prohibited Materials. Notwithstanding anything to the contrary in this Contract, title to and liability for any Prohibited Materials shall at no time pass to Contractor. The Contractor shall deliver and Page 9 of 40 Workshop Packet Page Number 49 of 124 E1, Attachment 2 unload solid waste and other materials only at facilities that are properly licensed and permitted for those materials. The Contractor is required to notify the City 30 days prior to changing any disposal facilities and receive City approval. City approval will not be unreasonably withheld. Designated Disposal Facilities for Trash The Contractor shall dispose of all Trashcollected in the City at a Resource Recovery Facility consistent with the current Minnesota Waste Management Act (M.S. 115A), Ramsey County Solid Waste Master Plan, Ramsey County facility operating contracts and other Ramsey County policies. The City intends that the designated resource recovery facility at the onset of this Agreementwill be the Ramsey/Washington Recycling & Energy Center(R&E Center) in Newport, MN. If the R&E Centeris not reasonably available, the Contractor will notify the City immediately. The City will then contact RamseyCounty for further direction and current policy guidance. The City and Contractor may then negotiate a mutually agreeable plan for Trashdisposal that is consistent with the requirements of this section of the Contract; Ramsey County ordinances, policies and guidance; and state law. Recovery or Disposal of Yard Waste and Bulky Items Yard Waste and Bulky Items shall be recovered as per the Agreement; RamseyCounty policies and programs;and MinnesotaState laws and policies. The Contractor shall make every reasonable effort possible to recover Bulky Items (e.g., furniture, major appliances, electronic waste) for Recycling whenever possible instead of disposal. Vehicle Requirements All Collection vehicles used in performance of the Agreement shall: Be marked with the name and websiteof the Contractor prominently displayed on both sides of the truck. Operate within the weight allowed by Minnesota Statutes 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.” Page 10of 40 Workshop Packet Page Number 50 of 124 E1, Attachment 2 All of the required equipment must be in proper working order. All vehicles must be maintained regularly, in proper working order and be as clean and freeofoffensive odors as possible. Vehicle Inspections All trucks are subject to inspection, approval, and acceptance by the City. Upon request by the City, the Contractor shall provide records of truck or facility inspections conducted by other agencies. The City will give reasonable notice of such inspections. The Contractor will not be responsible for normal City inspection costs. 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 maintaina 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. For drivers and helpers, wear a uniform and employee identification badge or name tag. Drive in a safe and considerate manner. Manage curbside Trashcarts in a careful manner so as to avoid spillage and littering, or damage to the cart. Monitor for any spillage and be responsible for cleaning up any litter. Avoid damage to property. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. Litter Pickup The Contractor shall be responsible for Collectionand pickup of any litter spilled during cart unloading, driving or other Collectionoperations. Truck Fluid Leaks or Spills The Contractor shall submit its plan to the City for responding to any leak, spill or other release of truck fluids (e.g., oil, fuel, anti-freeze, hydraulic fluid, etc.). This plan must provide that the Contractor respond immediately and make efforts to contain and clean the leak. Cleaning shall include complete removal of any fluid released. If grass is damaged to the point that it cannot live, the Contractor shall be responsible for turf replacement. Page 11of 40 Workshop Packet Page Number 51 of 124 E1, Attachment 2 The City will have sole authority to determine if the cleaning and/or property repairs are adequate in the event of dispute. All cleaning activities must adhere to applicable local, State, and Federal regulations and applicable storm water regulations and permits. Safety The Contractor will ensure adequate working conditions and safety procedures are in place to comply withall applicable Federal, State and local laws and 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. The Contractor shall submit a detailed safety plan to the City for review and approval within two (2) months after executing this Contract. This safety plan shall address all elements of this Agreement including (but not limited to) Trash, Yard Waste, and Bulky Item Collection operations. The annual report and work plan shall have a safety component to report any incidents and recommend improvements. Truck and Driver 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. Contractor must have a Collection license issued by the City per City Code. Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Agreement, the City’s ordinances and the City’s Solid Waste Management Standards. 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 within sixty (60) days after being notified by the City, the City may initiate Agreement termination procedures. . Liquidated Damages This Agreement requires Contractorto meet the following performance standards: Deliver quality and timely Trash Collectionservices to residents as set forth in the referenced RFP, Contractor’s proposal and clarifications, and this Agreement. Meet other conditions as described herein for Collectionand transportation of Trash to the designated Trash disposal facility. City and Contractorshall communicate on a regular and as needed basis related to customer complaints, accidents, billing errors, and other incidents. The following general incident escalation procedure provides a general guide for managing such communications as efficiently as possible. Page 12of 40 Workshop Packet Page Number 52 of 124 E1, Attachment 2 Simple complaints and incidents may be handled with verbal communications only (e.g., phone calls). Significant complaints and incidents must be recorded via at least email. A proposed cure and response timeline shall be discussed. If a problem is not cured within the proposed timeline, a second email should be used to communicate a new timeline. If a problem is still not cured within the new timeline of a second email, the City may send a letter indicating a new cure timeline and warning that liquidated damages may be imposed if the problem is not resolved. If a problem is still not cured with the new timeline of the letter, the City will send a letter and email notifying the Contractor that liquidated damages will be imposed. If a problem remains chronic and uncured, the City may initiate Agreement breach procedures to notify the Contractor. This Agreement establishes liquidated damages for failure to meet selected, example performance standards. Not all Agreement performance standards are listed in this section, but may still incur Liquidated Damages. These liquidated damages are independent of default and breach provisions addressed elsewhere in this Agreement. City and Contractor expressly agree that the potential harm or injury to City caused by the incidents of substandard performance set forth in this Agreement are difficult or impossible to accurately estimate. City and Contractor stipulate that each damage dollar amount in this Agreement is a reasonable pre-estimate of the probable loss to City and the general public. The existence or recovery of such liquidated damages shall not preclude City from recovering other damages in addition to the payments made hereunder which City can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, City may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. The City, after completing the general incident escalation procedure set out in this Section or after good faith discussions with the Contractor’s designated contact person, may assess liquidated damages for failure of the Contractor fulfilling its obligation, in addition to any other remedies available to the City. Liquidated damages shall be paid by the Contractor to the City within 30 days after assessment of the liquidated damages. The amounts of liquidated damages are specified below: A. Failure to respond to legitimate service complaints within one (1) business day in a reasonable and professional manner – fifty dollars ($50) per incident. B. Failure to collect properly notified missed collections – two hundred and fifty dollars ($250) per incident. C. Failure to provide monthly and annual reports – one hundred dollars ($100) per incident. D. Failure to complete the collections within the specified timeframes without proper notice to the city – one hundred dollars ($100) per incident. Page 13 of 40 Workshop Packet Page Number 53 of 124 E1, Attachment 2 E. Failure to clean up litter or spills that knowingly occur during Collection operations – two hundred fifty dollars ($250) per incident. F. Failure to report on changes in location of Trashdisposal – two hundred fifty dollars ($250) per incident. G. Making changes to the Collection and Disposal systems prior to receiving City approval to implement any suchchange – five thousand dollars ($5,000) per incident. H. Failure to provide sufficient City cart and container inventory information to the City or failure to provide adequate notification of when new carts and/or containers need to be ordered – five hundreddollars ($500) per incident. I. Failure to provide adequate notice and coordination to prevent mixed public messages about collection delays due to severe weather incidents – two- thousand dollars ($2,000) per incident. J. Failure to accurately answer a resident’s question to the Contractor’s customer service call center – one-hundred dollars ($100) per incident. 1 K. Failure to correct a billing error (one or both): Minor billing error defined as a mistake made on one or more residents’ bills that is not reflective of the services they have received – fifty dollars ($50) per incident; and/or Major billing error defined as a mistake made on a large number of residents’ bills that is not reflective of the services they have received – five thousand dollars ($5,000). These amounts will be for liquidated damages for losses suffered by the City and not penalties. Ten (10) or more such incidents in a six (6)-month period may constitute grounds for termination of the Agreement, but are subject to cure. Accommodationsfor Road and Other Construction Projects The City, County and State reserve the right to improve any street or alley. Such road construction projects may temporarily prevent theContractor from traveling its accustomed route or routes for Collection. The Contractor shallcontact the City prior to each construction season to determine areas of conflict and possible alternate routes or solutions. The Contractors shall work with the City to maintain regular or modified service during street reconstructionprojects. Ownership of Trash Ownership of Trash 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 Trash shall transfer to the Contractor. Ownership of and liability for any Prohibited Material shall not pass to Contractoror the City of Maplewood(except to the extent that such Prohibited Material is collected from Municipal Facilities). Page 14of 40 Workshop Packet Page Number 54 of 124 E1, Attachment 2 Equipment Except as otherwise indicated in the Agreement, any equipment used in the collection of trash and organics at City facilities shall remain Contractor’s property. The City shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Contractor’s handling of the equipment). The City shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. The City shall provide safe, unobstructed access to the equipment on the scheduled collection day. The Contractor may charge an additional fee for any additional collection service required by the failure to provide access. 4.TRASH COLLECTION REQUIREMENTS Summary Scope of Services The Trash Collectionwillcontinue to be by the same specific City Service Areas every Monday through Friday and shall be provided weekly for the 20-, 35-, 65-, 95-gallon service levels or every other week for the 20-gallon EOWservice level. Collection Day Service Areas The City is divided into five Service Areaswhich correspond to each of the five (5) days Collectionis provided. A map of the City’s existing scheduled Recycling and Trash Collectiondays, by Service Area, can be found in Attachment B. Trash Service Levels The Contractor is to provide five (5) Trash service levelsas options for Single-Family Dwellings: 20-gallon,EOW. 20-gallon,weekly. 32-gallon,weekly. 65-gallon,weekly. 95-gallon,weekly. Residents may request additional Trash carts. Trash Carts All occupants of residential dwelling units in the City shall be required by ordinance to keep Trashin approved wheeled Trashcarts, not Trashcans. Standardized Trash carts are purchased and owned bythe City but delivered, maintained and inventoried by the Contractor. Excess Carts in inventory shall be received,assembled, distributed, warehoused, and maintained by Contractor. The Contractor shall take reasonable care to Page 15of 40 Workshop Packet Page Number 55 of 124 E1, Attachment 2 prevent damage to carts duringCollectionoperations. Contractor shall repair or provide sanitized replacements in accordance with the Citypolicy for replacement of carts. Requests for replacement of existing carts must be handledwithin five (5) business days after the request is received. Repairs to existing carts must be handledwithin five (5) business days from the time the request is received. The Contractor shall documentand report the cart replacement and repair rate in accordance with the City’s Trash cart policy and procedures. The Contractor will be responsible for managing and completing warranty work on the carts. Residents shall have the option of requesting an additional cart(s) for an additional fee, as specified in this Agreement. Management of Trash Carts will be done pursuant to the Cart Management Planset forth in Appendix C attached hereto and incorporated by reference. 4.4.1.Cart Management after Cancellation of Trash Service When a resident cancels trash service, the Contractor shall schedule pickup of the trash cart to ensure the new owner/tenant setsup new service with their preferred cart size. Same Day Collections with Recycling Service Areas The Contractor shall collect Trash weekly from residents with weekly service. The Contractor shall collect Trash Every Other Week from residents with City-authorized Every Other Weekservice. Recycling shall be collected weekly. Trash and Recycling shall be collected on the same days includingCollectionon Saturdays within agreed-upon “holiday weeks”. Point of Collection Nearly all TrashCollectionservice will occur at the curb, with the following exceptions: A. Elderly residents or those with short or long-term physical limitations who require “Walk-Up” Collection Service. B. Alley collections for the few, designated blocks that do not have adequate access to curbside TrashCollectionservice due to the topography of the street and boulevard. C. Private road/driveway collections for the few, long private roads/driveways located mainly in the South leg of the City. Collection Schedule Deadline If the Contractor determines that the Collectionof Trashwill not be completed by 6:00p.m. on the scheduled Collectionday, the Contractor shall notify the City by 3:30p.m. that same day and request an extension of the Collectionhours. 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 Manageror his/her designated alternate. Page 16of 40 Workshop Packet Page Number 56 of 124 E1, Attachment 2 Trucks Shall Be Equipped with Automatic Lifters The Contractor shall provide automated TrashCollectionservice. The Contractor’s automatic lifters must be operated and maintained so as to not cause damage beyond normal wear and tearto Collectioncarts. TrucksShall Be Equipped with Wind Screens The Contractor’s truck dumping hoppers must be outfitted with windscreens or shields to minimize wind-blown litter when tipping the carts. Trucks May Be Equipped with RFID Data Management Systems The Contractor’s trucks purchased and used for the City may be equipped with on-board radio frequency identification (RFID) systems to read the RFID tags installed in the City Trashcarts when the carts are emptied in the Contractor’s trucksas a means to count Trash cart set-outs by address. The Contractor may use alternative means or technologies to accomplish the same set-out counts, but must submit this to the City in writing for approval. Procedure for Handling ProhibitedMaterials If Contractor determines that a resident has set out Prohibited Materials, the driver shall use the following procedure: A. Contractor shall leave the Prohibited Materials in the resident’s curbside Trashcart and leave an “education tag” indicating Prohibited Materials and the proper disposal method and/or other disposal options. B. The driver shall record the address and the Contractor shall report the address to the City in the required monthly report. C. In the event Prohibited Material is present but not discovered until after it has been collected by Contractor, Contractor may, in its sole discretion, remove, transport, and dispose of such Prohibited Material at a facility authorized to accept such Prohibited Material in accordance with applicable laws and charge the depositor or generator of such Prohibited Material for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Prohibited Material. The City shall provide assistance to Contractor to conduct an investigation to determine the identity of the depositor or generator of the Prohibited Material and to collect the costs incurred by Contractor in connection with such Prohibited Material. Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Prohibited Material, except to the extent that such Prohibited Material is determined to be attributed to the City. Damage to Pavement Contractor shall not be responsible for any damagesto City’s pavement, curbing, or other driving surfaces resulting from Contractor’s providing service at City locationsas outlined in Section 7.3., except to the extent caused by Contractor’s negligence. All Contractor trucks shall comply with weight restrictions. Page 17of 40 Workshop Packet Page Number 57 of 124 E1, Attachment 2 5.YARD WASTE COLLECTION REQUIREMENTS Voluntary Yard Waste Subscription Service The Contractor shall provide City residents the option to subscribe to separate Yard Waste Collectionservice. The residents’ request to subscribe for separate Yard Waste Collection service shall be submitted to the Contractorvia post card, email, web based form, or phone call. Residents may arrange for special, one-time “pay per bag” (on-call) Collections of Yard Waste even without subscribing. Such arrangements must be made with the Contractor directly. Such special, one-time collections of yard waste will have a separate per bag fee imposed as noted in the Billing for Services Section. Yard Waste Cart Requirements The Contractor shall provide a separate, 95-gallon Yard Waste cart to City residents eligible for service that subscribe for this additional Yard Waste Collectionservice. City residents shall have the choice to subscribe to this optional service. The Yard Waste cart shall have unique labeling (e.g., “Yard Waste”) and City-approved resident instructions. The Yard Waste cart shall be a separate and consistent color as approved by the City. Base Yard Waste Service Level and Allowed Overflow Amounts The Contractor shall allow residents to filltheir Yard Waste cart and place up to five (5) compostable bags of overflow Yard Waste next to the Yard Waste cart per week, per Collectionwithout incurring overflow charges by the Contractor. The Contractor may charge a per bag overflow charge for any bags over five (5) bags.The five (5) overflow Yard Waste bags for overflow must be CompostableBags. The Contractor is not required to remove any Yard Waste bags that are not CompostableBags. Scheduled Months for Yard Waste Collection Service Separate Yard Waste Collectionshall be provided from April 1 through November 30, weather permitting. 6.BULKY ITEM COLLECTION REQUIREMENTS Special Bulky Items Collection The Contractor shall provide Bulky Item Collectionon the same day as Trash Collection. The resident shall provide a minimum of 24 hours advance notice for removal. The Contractor shall bill the Single-Family Dwelling as per the Billing for ServicesSection. Page 18of 40 Workshop Packet Page Number 58 of 124 E1, Attachment 2 7.OTHER COLLECTION SERVICE REQUIREMENTS Separate Christmas Tree Collection Service Contractor is required to provide removal of one (1) Christmas Tree free of tinsel, bag, and any other material that is not compostable. Removal service shall be provided the first three (3) weeks of January on the same day as Trash Collection. Fontcolor:Red,Strikethrough Formatted: Food Waste and Other Organic Waste The City may initiate an Organic Waste pilot Collectionprogram. The Contractor shall participate with the City in the planning and design of this pilot Collectionproject. Prices, scope and schedulefor any such additional separate Collectionservices will be negotiated as part of the planning for this project. Indent:Left: 0",Hanging: 0.55", Nobulletsor Formatted: 7.2Food Scraps Pickup Program numbering The City is participating in the Ramsey and Washington Counties’ Food Scraps Pickup Program, which allows county participants to collect and dispose of food scraps using program-specific bags that are co- collected with mixed municipal solid waste. After collection, the program-specific bags are separated from mixed municipal solid waste at the R&E Center and processed. Material to becollected shall follow the Food Scraps Pickup Program's list of accepted material. The City contractor shall comply with requirements set forth in the Food Scraps Pickup Program. Municipal Facilities Collection Requirements The Contractor shall provide, at no charge, trash and organics collection services at least once per week at the following City buildings: A. City Hall – 1830 County Road B East. B. Public Works Building – 1902 County Road B East. C.Park & Recreation Maintenance Building – 1810 County Road B East. D.Fire Station One – 1177 Century Avenue North. E. Fire Station Two – 1955 Clarence Street. F.Fire Station Three – 1530 County Road C. G.Fire Training Facility – 1881 Century Avenue North. H.Maplewood Community Center – 2100 White Bear Avenue. th I.Maplewood Nature Center – 2659 7Street East. The Contractor shall provide, at no charge, trash collection services at the following parks: A. Wakefield Park, 1590 Frost Avenue (April – October). B. Harvest Park, 2561 Barclay Street (April – October). C.Goodrich Park, 1980 North St. Paul Road (April – October). D.Afton Heights Park, 63 North Sterling Street (April – October). Page 19of 40 Workshop Packet Page Number 59 of 124 E1, Attachment 2 E. Hazelwood Park, 1663 County Road C (Special event only on the Fourth of July). ListParagraph,SpaceBefore: 6 pt,After: 0 pt, Formatted: A. Bruentrup Heritage Farm – 2170 County Road D Addspacebetweenparagraphsofthesamestyle,Numbered + Level: 1 + NumberingStyle:A, B, C, … + Startat: 1 + Alignment:Left + Alignedat: 0.06" + Indentat: 0.31" The level of Trash and Organics collection service at City facilities (number and size of containers; and frequency of collection) shall be adequate to assure there is no overflowing Font:Arial,11.5pt Formatted: Trash or Organic materials. The Contractor shall propose optimum service levels for each facility. 8.BILLING FOR SERVICES The Contractor will bill all Maplewood residents for their trash services. The bill will be delivered to all Maplewood residents on the same every-other month schedule. The bill will be itemized to include the combined cost of trash collection and disposal based on size of cart, taxes, and cart fee. Trash Collection Fee The Trash Collection Feeschedule is contained within Appendix E. These Trash Collection Feesare exclusive of Trash disposal costs, County Environmental Charge, State Solid Waste Management Tax, or any City cart fee. Pay As You Throw Price Schedule City policy provides that the price increments between Trash service levels for the total price of Collection(including disposal, all taxes, and any City cart fee) increase each year after the first Agreement year. The City’s Pay as You Throw (PAYT) policy goal is for price increments to be at least fiftypercent(50%) by Agreement yearfive (1/1/2024 through 12/31/2024). The City and the Contractor will meet annually in August to create a PAYT price schedule for each subsequent year. To create the PAYT schedule, the City shall propose adjustments to the trash disposal fees. The trashcollection fees will be as contained in Appendix E – Rates throughout the term of the contract. Additional Trash Cart Price The additional Collectionprice for each additional Trashcart is contained in Appendix D. This additional cart price is fixed for the term of this Agreement and shall not be adjusted (i.e., no annual fuel adjustments). Additional Overflow Trash Bag Price The additional Collectionprice for each overflow bag of Trashiscontained in Appendix E. This additional overflow Trashbag price is fixed for the term of this Agreement and shall not be adjusted(i.e., no annual fuel adjustments). Trash Disposal Fees Trash Disposal Fees per month shall be as in Appendix E. Page 20of 40 Workshop Packet Page Number 60 of 124 E1, Attachment 2 Trash Disposal Fee Adjustments The Trash disposal costs in the Agreement will be adjusted annually to reflect changes in actual tipping fees. The actual 2020 tipping fee at the Trashdisposal facility will be defined as the benchmark year disposal price. The Contractor’s Trash disposal costs will be adjusted proportionally each year based on the change in actual tipping fees compared to the 2020 benchmark year tipping fees. The Contractor shall notify the City as soon as the tipping fees for the next year are known. If the currently designated Trashdisposal facility changes its tipping fee by more than ten percent (10%) in the middle of the year, the Contractor may immediately notify the City and request a mid-year Trashdisposal fee adjustment. Any such mid-year adjustment must be accompanied by an insert in the next cycle of billing statements explaining the reason and amount of the adjustment. This insert must be pre-approved by the City before printing and release or posting on any web page, bill, or other mailing. Trash Cart Exchange/Replacement Delivery Fee Residents shall be allowed to change their cart size a maximum of once per year without incurring an exchange fee. The Contractor’s price to deliver a cart or carts thereafter as an exchange or addition to an existing household, as a one-time price per occurrence, as contained in Appendix E. This additional cart exchange/replacement delivery fee is fixed for the term of this Agreement and shall not be adjusted. Yard Waste RemovalFee The annual price per household for separate Yard Waste Collection/disposal service collected once per weekfor eight (8) months of the year (April through November) is contained in Appendix E for a standard 95-gallon Yard Waste cartplus up to five (5) compostable bags per week. Special one-time, “On Call” collections of Yard Waste may be ordered by eligible residents to the Contractor. The fee for Yard Waste On Callcollections shall be per bag as contained in Appendix E. These Yard Waste Removal Fees cover both the Contractor’s costs of Collectionoperations and disposal tipping fees the Contractor pays at a Yard Waste facility. The Yard Waste Removal Fees shall remain fixed per the annual schedule contained in Appendix E. No further annual adjustments will be made (e.g., no annual fueladjustments on Yard Waste Removal Fees). Yard Waste Overflow Fee The per bag overflow charge for extra yard waste Collectionservice above the five (5) bags included in the Yard Waste Fee is contained in Appendix E. This Yard Waste Overflow Fee shall befixed for the term of this Agreement without any annual adjustments (e.g., no annual fuel adjustments on Yard Waste Removal Fees). Page 21of 40 Workshop Packet Page Number 61 of 124 E1, Attachment 2 Special Bulky Items Fee The price per Collection occurrence for Bulky Items that require special processing is containedinAppendix E. These special Bulky Items include household items that require special processing to remove harmful substances, such as Freon or mercury, and may include (but are not limited to) items such as refrigerators, freezers, air conditioners, dehumidifiers, electronic waste, or thermostats. This special Bulky Items fee shall be fixed for the term of this Agreement without any annual adjustments (e.g., no annual fuel adjustments). Spring Clean Up Event Fee Over the past two (2) years, the following data summarize the approximate average amounts of materials collected, equipment used, andlabor used in performance of the City’s annual Spring Clean Up Event: Average amount of materials disposed as MSW/Construction = 42 tons per event. Number of demo loads = 19 @ 18.15 tons. Number of trash loads = 11. Number of metal loads = 2. Number of employee hours = 105. The Contractor shall support collections at the Spring Clean Up event as produced by the City in the spring of each year at no charge. However, if the amount of materials collected, equipment used,or labor used in performance of the Spring Clean Up events are more than twenty five (25) percentabove the averages identified above, the City will meet with the Contractor’s designated point of contact, in good faith, to negotiate an equitable rate for the additional collection, equipment and labor used duringthe Spring Clean Up Event; Fall Clean Up Campaign The Fall Clean Up Campaign is held during the first four full weeks in October every year. The Contractor shall support the curbside collection of discount priced bulky items during the City’s Fall Clean Up Campaign. Discounted pricing specified in Appendix E. Electronic Waste Fee The price per Collectionoccurrence for electronic waste that requires special processing is contained in Appendix E. This fee shall be fixed for the term of this Agreement without any annual adjustments (e.g., no annual fuel adjustments). Other Bulky Items Fee The price per Collectionoccurrence for other bulky items that do not require special processing is contained in Appendix E. These Bulky Items prices shall be fixed for the term of this Agreement without any annual adjustments (e.g., no annual fuel adjustments). Page 22of 40 Workshop Packet Page Number 62 of 124 E1, Attachment 2 Credits for Extended Vacations Residents shall be given credit on their next Trashbill for extended vacations of at least three(3) weeks or more. The value of the vacation credit shall be up to the prorated weekly cost based onthe total monthly Collectioncharges (including all disposal fees, taxes, and other charges) as perthe Agreement. Bad Debt/ Delinquent Accounts The Contractor shall make reasonable efforts to collect payments past due. Phone calls, emails and other communications about such bad debt shall be carefully logged, documented and summarized in the required monthly and annual reports. Delinquent accounts shall be defined as those residents who have not paid and are over Fontcolor:Red,Strikethrough three monthspast due. The Contractor may impose their own administrative service fee of Formatted: 8% per month of the outstanding balance of the trash service fee balance due (net of Fontcolor:Red Formatted: penalties or other administrative charges) for delinquent accounts.The Contractor may impose their own administrative servicelate fee of eighttenpercent (810%) per monthof Fontcolor:Red,Strikethrough Formatted: the balance due for delinquent accounts. Fontcolor:Red,Strikethrough Formatted: Fontcolor:Red,Strikethrough Formatted: If delinquent accountshave not been paid within six months, the Contractor shall supply a list of past due delinquent accounts to the City by September 15 each year provided that at Fontcolor:Red,Strikethrough Formatted: least two written notices (other than a simple memo line on the customer’s invoice) were first sent to the resident with copies retained in the Contractor’s files. All such written notice of delinquent accounts shall be sent both to the owner of the property and, if rental property, to the tenant and/or trash account holder. The City may request copies of the written notices sent to the residents. The City shall use its standard procedures for processing, administration, assessment and certification to the tax rolls of verified delinquent accounts. City Council approval is required to certify delinquent accounts. Certified delinquent accounts must be submitted to Ramsey County by November 30 each year for placement on taxes the coming year. The City is required to notify property owners 30 days prior to certification. This allows time for the property owner to pay for past due amount and avoid certification and any additional City- imposed delinquent account administrative fees. Once the delinquent amounts have beenassessed to the property, no additional late fees shall be added to the account until such time as the account becomes past due again, as outlined above. 9.INSURANCE AND OTHER LEGAL REQUIREMENTS Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and approvedin 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 Agreement and shall remain continuously in force for the duration of the Agreement. Page 23of 40 Workshop Packet Page Number 63 of 124 E1, Attachment 2 The Contractor and its sub-contractors shall secure and maintain the following insurance as itemized below. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages thatresult from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on an ACORD Insurance Certificate. A thirty (30)day written notice is required if the policy is canceled, excluding workers’ compensation. The Contractor shall require any of its sub- contractors, if sub-contracting is allowable under this Agreement, to comply with these provisions. Workers Compensation Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B – Employer’s Liability limits of at least $100,000 each accident, $500,000 disease policy limit, and $100,000 disease for each employee. Commercial General Liability Insurance Commercial General Liability insurance shall be at the limits of at least $1,500,000 for bodily injury and$500,000 for property damage. The policy shall be on an "occurrence" basis, shall include contractual liability coverage andthe City shall be named an additional insured. The Contractor should provide evidence of in-force pollution legal liability with limits of not less than $5,000,000 per occurrence. Commercial Automobile Liability Insurance Commercial Automobile Liability insurance covering all owned, non-owned, and hired automobiles with limits of at least $500,000 for property damage and bodily injury in the following amounts: $1,000,000 per person and $5,000,000 per occurrence. This insurance shall include a cause ofloss where there is a spill of fuels and lubricants used in the vehicle for its operation. Transfer of Interest The Contractor shall not assign any interest in the Agreement, and shall not transfer any interest in the Agreement, either by assignment or notation, without the prior written approval of the City. Consent by the City shall not be unreasonably withheld, delayed, or qualified. The Contractor shall not sub-contract any services under this Agreement without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or sub-contract shall be grounds for immediate Agreement termination. Page 24of 40 Workshop Packet Page Number 64 of 124 E1, Attachment 2 Non-Assignment and Bankruptcy The parties hereby agree that the Contractorshall have no right to assign or transfer its rights and obligations under said Agreement without written approval from the City. In the event the City or its successors or assigns files for bankruptcy as provided by federal law, this Agreement shall be immediately deemed null and void relieving all parties of their Agreement rights and obligations. Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled, at the option of the City, 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. Performance Bond The Contractorshall provide 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. The performance bond shall be executed by a corporate surety company authorized to do businessin the State of Minnesota. This Agreement shallbe subject to termination by the City at any time if the performance bondshall be cancelled for whatever reason. The Contractor’s performance bond must be in effect as a condition of final execution of this Agreement. The Contractor shall submit adequate documentation of the performance bond for City approval at the time of final execution of this Agreement. General Compliance The Contractor agrees to comply with all applicable local, State, and Federal laws and regulationsgoverning funds provided under this Agreement. The Contractor shall pay its employees performing the work under this Agreement a living wage. Living wage may be 1 defined pursuant to the Living Wage Calculatorproduced by PennsylvaniaStateUniversity as a means to estimate the cost of living within specific geographic locations. Independent Contractor Nothing contained in this Agreement is 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 Agreement. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Agreement shall be considered employees or subcontractors of the Contractor only and not of the City; and any and all 1 For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123 Page 25of 40 Workshop Packet Page Number 65 of 124 E1, Attachment 2 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. 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 negligent acts or omissions or the willful misconductof the Contractor, its employees, its agents, or employees of subcontractors, in the performance ofthe services provided by this Agreement, 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. 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 Agreement. Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Agreement for a period of six (6) years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Agreement shall be retained for six (6) years after final disposition of such property. 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. Individual household set-out data (e.g., number and date of TrashCollections) shall be held as confidential, non-public data by the Contractor. The Contractor must immediately report to the City any requests from third parties for information 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. Inspection of Records All Contractor records with respect to any matters covered by this Agreement shall 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. Page 26of 40 Workshop Packet Page Number 66 of 124 E1, Attachment 2 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. Agreement Termination The City may cancel the Agreement if the Contractor fails to fulfill its obligations under the Agreementin 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. 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 Agreement shall, 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. Employee Working Conditions and 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 laws and 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. Agreement Amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. Wavier of Claims Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Page 27of 40 Workshop Packet Page Number 67 of 124 E1, Attachment 2 IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. City of Maplewood: By______________________________ City Manager ________________________________ Printed Name Date:____________________________ By______________________________ Mayor ________________________________ Printed Name Date:____________________________ Contractor: By______________________________ By______________________________ Area President Title ____________________________________ ________________________________ ________________________________ Printed Name Printed Name Date:____________________________ Date:____________________________ Page 28 of 40 Workshop Packet Page Number 68 of 124 E1, Attachment 2 Appendix A Definitions Additional Overflow Trash bags in excess of the capacity of the trash cart with lid Trash Bag fully closed incurring an additional overflow trash collection fee. Agreement This legal Agreement executed between the City and the Contractor. The Agreement shall include, but not be limited to, the RFP document, RFP Addendum, the Contractor’s proposal in response to the RFP, and the Contractor’s response to City questions. These additional documents are incorporated herein to this Agreement by reference. If in conflict, this Agreement shall take precedence. Annual Trash Public The City shall draft an annual solid waste educational flyer. Education Flyer The flyer shall be approved by the Contractor. The Contractor shall pay for the design, publication, and distribution via bulk mail delivery yearly on a schedule to be approved by the City. The flyer shall contain the following information for City residents and small businesses and churches that have opted into the City’ (but not limited to): General information about all trash collection services, including special collections of the other materials such as yard waste, bulky materials, etc. Annual calendar and map of trash service areas for eligible Single-Family Dwellings (SFD’s) Specific instructions about how to use and care for the City trash and recycling cart (e.g., set out, washing, etc.) Yard waste Bulky materials, including major appliances and electronic waste Organic waste collection service (once this program is citywide) List of prohibited materials for each of the above categories of materials Automated Collection Use of trucks equipped with robotic arms that mechanically grab, lift, empty and set down empty trash carts using remote controls operated by the driver such that no manual lifting of carts is required. Bulky Items A generic term including all large, bulky household items which are too large for one person to pick up and/or do not fit Page 29 of 40 Workshop Packet Page Number 69 of 124 E1, Attachment 2 within the trash cart. Bulky items include (but are not limited to) carpet and padding, mattresses, chairs, couches, tables, wheels/rims/tires, major appliances, and electronic waste. City The City of Maplewood, Minnesota with offices located at 1830 East County Road B, Maplewood, MN 55109. Collection The loading and transportation of solid waste materials from the place at which it is generated including all activities up to the time when it is delivered to a designated disposal facility or transfer station. Compostable Bags Paper or BPI-certified “compostable” plastic bags as defined by Minnesota Statute (M.S. 325E.046). Contractor Once a new Agreement (or Agreements) is (are) executed, the City’s service Contractor(s) under the Trash Services Agreement and/or Recycling Services Agreement. (Note: In the RFP, the use of the singular “Contractor” form may be implied to be plural “Contractors” depending on the context.) Disposal Facility The licensed and permitted landfill, resource recovery facility, or transfer station where solid waste is tipped for disposal. Electronic Waste Items required to be recycled per Minnesota Statutes 115a.1310 and 1330 and specifically defined for special handling or processing. Every Other Week Trash Residents who apply and receive City permission for Every Collection (EOW) Other Week (EOW) Trash collection service shall be collected on the same day of the week as per the day-certain schedule but on specified EOW dates. Holiday weeks A week where a holiday falls on a Monday through Friday and requires the Contractor to collect trash on a Saturday, of which Saturday will be agreed upon by the City. Holidays Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, 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. Multi-Family Dwellings A building containing five (5) or more residential dwelling (MFDs) units that are not eligible for the proposed residential trash collection service in this RFP because it is defined as Page 30 of 40 Workshop Packet Page Number 70 of 124 E1, Attachment 2 serviced by “commercial” trash hauling service. MFD’s are only eligible for recycling services and not trash services as provided in this Agreement. Organic Waste Organic Waste materials exclusive of yard waste. Acceptable Organic Waste shall be similar to the materials listed on Ramsey County’s Organics Recycling web page under the “Accepted items” section. (https://www.ramseycounty.us/residents/recycling- waste/collection-sites/organics-recycling) Pay As You Throw A system of setting variable prices for the levels of trash (PAYT) Policy collection service from Single-Family Dwellings to provide an economic incentive for residents to improve recycling and waste reduction efforts. The City’s PAYT price schedule gradually increases the price increments between the service levels to promote downsizing of cart sizes as ordered by the residents. Prohibited Mailings Notices sent to residential dwelling units within the City of Maplewood such as for advertising rates or services not available under the proposed Agreement. Also includes other notices sent to residential dwelling units without prior City written approval. Prohibited Materials Waste materials that are prohibited from disposal in with mixed trash or that may be hazardous, toxic, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or listed or characterized as Hazardous Waste as defined by Federal, State, County, or local law or any otherwise regulated waste, or otherwise harmful to the environment, collection crew safety, or resource recovery system. Rates City-approved rates as per the specifications in this Agreement for various trash and other collection services as charged by the Contractor directly to residents. Respondent The organization submitting a proposal in response to the City’s RFP. Service Areas Geographic areas of the City with specified day-certain schedule for recycling and trash collection services. Also referred to as “collection zones”. (See Agreement Appendix B for geographic boundaries.) Single-Family Dwellings A building containing up to four (4) residential dwelling units (SFDs) that is eligible for the proposed trash and recycling collection service in this Agreement. Page 31 of 40 Workshop Packet Page Number 71 of 124 E1, Attachment 2 Trash The mixed municipal solid waste from residential homes as covered by this Agreement. (Note: This RFP packet also uses the term “Trash” services to refer to the family of solid waste collection services including Yard Waste and Bulky Items.) Trash Carts Standardized trash carts equipped with wheels and a lid as specified and purchased by the City in the following standardized sizes (approximate/nominal capacities): 20-effective gallons* 32-gallon 65-gallon 95-gallon Actual trash cart capacities by cart size will depend on the cart manufacturer selected by the City through a separate procurement process. *The City provides a “20-gallon service level” as per the RFP and the Contractor’s proposal. This service level is accommodated by using a 32-gallon trash cart with a false bottom installed such that the effective capacity for use by the resident is 20-gallons. Trash Collection Fee Trash Collection Fee per this Agreement for Trash collection service and does not include: disposal fees; prices or costs of other services (e.g., Recycling, Yard Waste, Bulky Items, etc.); taxes; City cart fees, or other government administrative fees. Trash Collection The process where properties owners, other than owners of “Opt In” Single-Family Dwellings, may “Opt In” to the City’s Trash collection Contract services via a standard City form and application procedure. Walk-Up Collection Special collection of trash from the house or garage. For Service these stops, the Contractor actually walks the cart down to the curb, empties the cart and walks it back to its original location. Yard Waste Garden waste, leaves, lawn cuttings and small brush from eligible residents. Brush must be less than three (3) inches in diameter and cut to no greater than five (5) feet in length. Yard Waste Removal The Contractor’s price for yard waste removal on a basis of Fee dollar per household per year for a standard 95-gallon yard waste cart collected once per week during the specified season. This fee includes both the Contractor’s costs of collection operations and yard waste disposal tipping fees Page 32 of 40 Workshop Packet Page Number 72 of 124 E1, Attachment 2 paid by the Contractor at the specified yard waste facility. Page 33 of 40 Workshop Packet Page Number 73 of 124 E1, Attachment 2 Appendix B Map of Trash Service Areas Page 34 of 40 Workshop Packet Page Number 74 of 124 E1, Attachment 2 Appendix C Trash and Yard Waste Cart Management Plan The Contractor shall be responsible for all trash and yard waste cart management services (e.g., repairs, replacements, warranty work, size switches, storage and inventory management, etc.). For trash carts only, the Contractor will maintain an inventory of new and replacement carts and parts (e.g., lids, wheels, axles), purchased and owned by the City, sufficient to provide immediate replacement and repair services. For yard waste carts only, the Contractor shall own all assets. Trash Cart Database: Contractor will manage the trash cart inventory by creating a database in which Contractor will manage all incoming and outgoing carts by size. This will include cart exchanges, new cart delivery and removals. This will be done through a combination of system reporting capabilities and manual entry and updating through an Excel spreadsheet. Through the Contractor’s systems reporting, the Contractor will be able to collect the following information: Customer’s current trash cart size Customer’s trash cart size changes Trash cart inventory based on cart size The items that will need to be manually entered are: Trash cart exchanges due to damage Trash cart repairs and/or maintenance Trash cart warranties Trash cart inventory audits (this will be done quarterly to ensure the reported estimates are accurate). Trash and Yard Waste Cart Management Process: 1. Customer contacts the Contractor to request a trash cart size exchange, trash or yard waste cart swap due to damage. 2. The Contractor’s customer service representative checks the resident’s account and will notify them Update their account (this information will be captured through system reporting capabilities) Place the request in the service queue Notify the customer of the date of delivery and process for having their old cart removed. 3. The Contractor’s Dispatch staff schedule all cart exchanges and swaps for the requests received that day. 4. Customer cart exchanges will be made within five business days of request. 5. The Contractor’s Operations Supervisor receives a daily report of all trash cart damage claims. The Supervisor collects the necessary information (record serial number and send a picture from cart) to file a claim with the City’s cart manufacturer. Based on this information, the City’s cart manufacturer will notify the Contractor if the cart is covered Page 35 of 40 Workshop Packet Page Number 75 of 124 E1, Attachment 2 under warranty or not and the Contractor will recycle the trash cart locally. This information will be recorded manually in the trash cart management database 6. The Contractor’s Operations team will update the trash cart management database monthly which includes: Running system reports Manually entering data Quarterly hand count audit of cart inventory Manually checking for accuracy Trash Cart Reporting: th The Contractor will supply the City a trash cart report via email on the fifteenth (15) (or the next th business day if the fifteenth (15) falls on a holiday or weekend) of each month for the month th prior (i.e. February 15 an email will be sent with January’s report). The monthly reports will provide data on: The number of trash carts of each size on hand The number of trash cart exchanges The number of available trash cart warranties. By February 7 of each year the Contractor will supply the City with a full copy of the cart inventory database as part of the annual report. Trash Cart Orders: On February 7 and August 15 Republic Services will provide the City with a cart order request based on inventory levels. Once trash carts have been requested by the Contractor. The City will order the carts within thirty (30) days. Cart RFID: The City’s Trash carts are manufactured with a radio frequency identification (RFID) chip embedded. The Contractor may utilize this technology for cart inventory and field verification purposes at the Contractor’s discretion. Cart Fee Disbursement: The Contractor will submit cart fees collected from Maplewood residents as part of the trash service billing to the City every other month to coincide with the Contractor’s bi-monthly billing. Page 36 of 40 Workshop Packet Page Number 76 of 124 E1, Attachment 2 Appendix D Trash Education Tags Page 37 of 40 Workshop Packet Page Number 77 of 124 E1, Attachment 2 Page 38 of 40 Workshop Packet Page Number 78 of 124 E1, Attachment 2 Appendix E Rates Pay As You Throw (PAYT) Pricing Schedule City policy provides that the price increments between Trash service levels for the total price of Collection (including disposal, all taxes, and any City cart fee) increase each year after the first Agreement year. The City’s PAYT policy goal is for price increments to be at least fifty percent (50%) by Agreement year five (1/1/2024 through 12/31/2024). The City and the Contractor will meet annually in August to create a PAYT price schedule for each subsequent year. To create the PAYT price increment schedule between service levels, the price schedule will be based on two separate price components: 1. The trash collection service level prices outlined for the table below (Trash Collection Service at Single-Family Dwellings). 2. The disposal fees (actual R&E Center tipping fees minus any applicable rebates for each future year) will be reviewed and adjusted by cart size annually by the City based on the tipping fees and number of residents using the various sizes. City staff will consult with the Contractor about the proposed changes in disposal fees and PAYT price schedule each year prior to taking the proposed changes to the City Council for review and action. Trash Collection Service at Single-Family Dwellings: ($ per Single-Family Dwelling per month) Agreement Year 1 2 3 4 5 6 1/1/20 to 1/1/21 to 1/1/22 to 1/1/23 to 1/1/24 to 1/1/25 to 12/31/20 12/31/21 12/31/22 12/31/23 12/31/24 6/30/25 12 months 12 months 12 months 12 months 12 months 6 months Trash Service Level Mini (20-gallon), Every Other $7.40 $7.70 $8.00 $8.33 $8.66 $9.01 Week (EOW): Mini (20-gallon), Weekly: $7.40 $7.70 $8.00 $8.33 $8.66 $9.01 Small (35-gallon) Weekly: $7.40 $7.70 $8.00 $8.33 $8.66 $9.01 Medium (65-gallons), Weekly: $7.40 $7.70 $8.00 $8.33 $8.66 $9.01 Large cart (95 gallons), $7.40 $7.70 $8.00 $8.33 $8.66 $9.01 Weekly: Page 39 of 40 Workshop Packet Page Number 79 of 124 E1, Attachment 2 Disposal Costs for Trash Carts: Disposal charges related to the cost of Trash tipping fees at the R&E Center shall be itemized on resident’s bills as a separate item from collection charges. The table below outlines the trash disposal prices for the first twelve (12) months of service in 2020 based on the R&E Center Board’s published tipping fees for 2020. Trash disposal prices for subsequent years will be adjusted proportional to the change (up or down) of the actual R&E Center tipping fees minus any applicable rebates for each future year. ($ per Single-Family Dwelling per month) Font color: Red, Strikethrough Formatted: 1/1/20 to 12/31/20 Trash Service Level 12 months Font color: Red, Strikethrough Formatted: Mini (20-gallon), Every Other Week (EOW): $0.87 Font color: Red, Strikethrough Formatted: Mini (20-gallon), Weekly: $1.74 Font color: Red, Strikethrough Formatted: Small (32-gallon) Weekly: $2.79 Medium (65-gallon), Weekly: $5.58 Font color: Red, Strikethrough Formatted: Large cart (95-gallon), Weekly: $8.37 Font color: Red, Strikethrough Formatted: 1/1/2025 1/1/2026 1/1/2027 Font color: Red, Strikethrough Formatted: through through through 12/31/2025 12/31/2026 6/30/2027 (collection (collection (collection Service Level rate) rate) rate) Mini (20 gallon), Every other Week $9.01 $9.46 $9.93 (EOW) Small (35 gallon), Weekly $9.01 $9.46 $9.93 Medium (65 gallon), Weekly $9.01 $9.46 $9.93 Large (95 gallon), Weekly $9.01 $9.46 $9.93 ($ per Single Dwelling Unit per month; in addition, disposal rate is pass through) Font color: Red, Strikethrough Formatted: Extra Bags of Trash and Extra Trash Cart: ($ per Single-Family Dwelling per month) Font color: Red, Strikethrough Formatted: Agreement Year 1 2 3 4 5 6 Font color: Red, Strikethrough Formatted: 1/1/20 to 1/1/21 to 1/1/22 to 1/1/23 to 1/1/24 to 1/1/25 to Font color: Red, Strikethrough Formatted: 12/31/20 12/31/21 12/31/22 12/31/23 12/31/24 6/30/25 12 12 12 12 12 6 Extra Trash Service Type Font color: Red, Strikethrough Formatted: months months months months months months Overflow bag of Trash Font color: Red, Strikethrough Formatted: $6.00 $6.24 $6.49 $6.75 $7.02 $7.30 ($ per overflow bag) Extra Trash Cart Font color: Red, Strikethrough Formatted: $6.00 $6.24 $6.49 $6.75 $7.02 $7.30 ($ per dwelling unit per month)* Font color: Red, Strikethrough Formatted: *Extra trash cart fee + appropriate disposal price by cart size Page 40 of 40 Workshop Packet Page Number 80 of 124 E1, Attachment 2 Extra Bags of Trash and Extra Cart Pricing 1/1/2025 1/1/2026 1/1/2027 through through through 12/31/2026 12/31/2026 6/30/2027 Font color: Red, Strikethrough Formatted: (collection (collection (collection Formatted Service Level rate) rate) rate) ... Overflow bag of Trash ($ per bag) $7.30 $7.67 $8.05 Font color: Red, Strikethrough Formatted: Formatted ... Extra Trash Cart ($ per dwelling unit $7.30 $7.67 $8.05 Font color: Red, Strikethrough Formatted: per month) ($ per Single Dwelling Unit per month; in addition, disposal rate is pass through) Formatted ... Font color: Red, Strikethrough Formatted: Formatted ... Font color: Red, Strikethrough Formatted: Trash Cart Exchange/Replacement Delivery Fee: Formatted Existing customers may exchange their cart size once per year for free. Additional cart size ... exchanges after that first exchange shall be twenty five dollars ($25) per exchange. No annual Font color: Red, Strikethrough Formatted: adjustments are allowed for this fee. Formatted ... Font color: Red, Strikethrough Formatted: Bulky Waste Item Pricing: Formatted ... All Prices are in units of "$ per item." Prices include collection and disposal or processing Font color: Red, Strikethrough Formatted: only. Prices are set for the term of the Agreement. Formatted ... This list is intended as a general guide of the types of Bulky Items to be collected. It is not Font color: Red, Strikethrough Formatted: intended to be an exhaustive list of all potentially Bulky Items eligible for collection under the Formatted ... new Agreement. Rather, these items represent the size and general handling characteristics as examples under each price category. The City or Contractor may request Font color: Red, Strikethrough Formatted: amendments to this list from time to time. Formatted ... Font color: Red, Strikethrough Formatted: Per-Item Fee Bulky Item Collections Appliance (without Freon) = $35 Per Item Formatted ... Appliance (with Freon) = $35 Per Item Font color: Red, Strikethrough Formatted: Bathtub (cast iron) = $35 Per Item Formatted Bathtub (Steel or Fiberglass) = $20 Per Item ... Bed – Headboard/Footboard = $20 Per Item Font color: Red, Strikethrough Formatted: Bed Frame = $20 Per Item Formatted ... Bookcase = $20 Per Item Font color: Red, Strikethrough Formatted: Couch = $35 Per Item Couch w/ hide-a-bed = $35 (mattress is separate item) Per Item Formatted ... Desk = $35 Per Item Font color: Red, Strikethrough Formatted: Dining Room Table = $35 Per Item Formatted ... Dresser = $20 Per Item Electronics = $35 (TV under 27”) Per Item Font color: Red, Strikethrough Formatted: End Table = $20 Per Item Formatted ... Grill Charcoal = $35 Per Item Font color: Red, Strikethrough Formatted: Grill Gas (no propane tanks) = $35 Per Item Hutch = $35 Per Item Formatted ... Page 41 of 40 Workshop Packet Page Number 81 of 124 E1, Attachment 2 Kitchen Chair = $10 Per Item Font color: Red, Strikethrough Formatted: Kitchen Table = $35 Per Item Font color: Red, Strikethrough Formatted: Lawnmower/ Snowblower = $35 Per Item Font color: Red, Strikethrough Formatted: (Liquids must be drained) Loveseat = $35 Per Item Font color: Red, Strikethrough Formatted: Mattress/ Box Spring = $35 Per Item Font color: Red, Strikethrough Formatted: Office chair = $10 Per Item Font color: Red, Strikethrough Formatted: Recliner/ EZ chair = $20 Per Item Font color: Red, Strikethrough Roll of Carpet = $35 (per room) (average room size 12 feet x12 Per Item Formatted: feet) 5 feet max length; cut and rolled Font color: Red, Strikethrough Formatted: Tire = $10 Per Item Font color: Red, Strikethrough Formatted: Tire with Rim = $20 Per Item Font color: Red, Strikethrough Toilet = $10 without tank $20 with tank Per Item Formatted: Other Items (specify) = $$20 Surcharge: TVs Larger than 26-inch Per Item Font color: Red, Strikethrough Formatted: screen, console TVs, and rear-projectors Font color: Red, Strikethrough Formatted: Font color: Red, Strikethrough Formatted: Prices indicated below will be for the term of this Contract extension. Font color: Red, Strikethrough Formatted: Per-Item Fee Bulky Item Collections Font color: Red, Strikethrough Formatted: Appliance (without Freon) = $37 Per Item Font color: Red, Strikethrough Formatted: Appliance (with Freon) = $37 Per Item Font color: Red, Strikethrough Formatted: Bathtub (cast iron) = $37 Per Item Font color: Red, Strikethrough Formatted: Bathtub (Steel or = $21.50 Per Item Fiberglass) Font color: Red, Strikethrough Formatted: Bed – = $21.50 Per Item Font color: Red, Strikethrough Formatted: Headboard/Footboard Font color: Red, Strikethrough Formatted: Bed Frame = $21.50 Per Item Font color: Red, Strikethrough Bookcase = $21.50 Per Item Formatted: Couch = $37 Per Item Font color: Red, Strikethrough Formatted: Couch w/ hide-a-bed = $37 (mattress is separate item) Per Item Font color: Red, Strikethrough Formatted: Desk = $37 Per Item Font color: Red, Strikethrough Formatted: Dining Room Table = $37 Per Item Dresser = $21.50 Per Item Font color: Red, Strikethrough Formatted: Electronics = $37 (TV under 27”) Per Item Font color: Red, Strikethrough Formatted: End Table = $21.50 Per Item Font color: Red, Strikethrough Formatted: Grill Charcoal = $37 Per Item Font color: Red, Strikethrough Formatted: Grill Gas (no propane = $37 Per Item tanks) Font color: Red, Strikethrough Formatted: Hutch = $37 Per Item Font color: Red, Strikethrough Formatted: Kitchen Chair = $10.75 Per Item Font color: Red, Strikethrough Formatted: Kitchen Table = $37 Per Item Font color: Red, Strikethrough Formatted: Lawnmower/ Snowblower = $37 Per Item (Liquids must be drained) Font color: Red, Strikethrough Formatted: Loveseat = $37 Per Item Font color: Red, Strikethrough Formatted: Mattress/ Box Spring = $37 Per Item Font color: Red, Strikethrough Formatted: Office chair = $10.50 Per Item Recliner/ EZ chair = $21.50 Per Item Page 42 of 40 Workshop Packet Page Number 82 of 124 E1, Attachment 2 Roll of Carpet = $37 (per room) (average room size 12 feet Per Item x12 feet) 5 feet max length; cut and rolled Tire = $10.50 Per Item Tire with Rim = $21.50 Per Item Toilet = $10.75 without tank $20 with tank Per Item Other Items (specify) = $21.50 Surcharge: TVs Larger than 26-inch Per Item screen, console TVs, and rear-projectors Fall Clean Up Campaign Pricing During the first four full weeks of October of every year the Contractor will reduce the bulky item rates by twenty (20) percent. The Contractor will update their Maplewood-specific web page to inform residents of the bulky item discount during the Fall Clean Up Campaign. Seasonal Yard Waste Collection Service: Seasonal Yard Waste prices include all collection and Yard Waste disposal/composting facility tipping fees. (No annual fuel adjustments on any Yard Waste fees.) Font color: Red, Strikethrough ($ per Single-Family Dwelling per year) Formatted: Agreement Year 1 2 3 4 5 6 Font color: Red, Strikethrough Formatted: 1/1/20 to 1/1/21 to 1/1/22 to 1/1/23 to 1/1/24 to 1/1/25 to Font color: Red, Strikethrough Formatted: 12/31/20 12/31/21 12/31/22 12/31/23 12/31/24 6/30/25 Seasonal Yard Waste 12 6 Font color: Red, Strikethrough Formatted: 12 months 12 months 12 months 12 months Subscription Service Option months months Large cart (95-gallon) plus five Font color: Red, Strikethrough Formatted: (5) overflow compostable bags, $120.00 $124.80 $129.80 $134.98 $140.38 $146.00 weekly (April – November): For each additional Font color: Red, Strikethrough Formatted: $3.00 $3.12 $3.24 $3.37 $3.51 $3.65 compostable bag, weekly 1/1/2025 1/1/2026 1/1/2027 through through through 12/31/2025 12/31/2026 6/30/2027 (collection (collection (collection Service Level rate) rate) rate) Mini (20 gallon), Every other Week $9.01 $9.46 $9.93 (EOW) Small (35 gallon), Weekly $9.01 $9.46 $9.93 Medium (65 gallon), Weekly $9.01 $9.46 $9.93 Large (95 gallon), Weekly $9.01 $9.46 $9.93 ($ per Single Dwelling Unit per month; in addition, disposal rate is pass through) Page 43 of 40 Workshop Packet Page Number 83 of 124 E1, Attachment 2 1/1/2025 1/1/2026 1/1/2027 through through through Service Level 12/31/2026 12/31/2026 6/30/2027 Large cart (95-gallon) plus five overflow $146.00 $153.30 $160.97 compostable bags, weekly (April through November) For each additional compostable bag, $3.65 $3.83 $4.02 weekly On-Call Yard Waste (Minimum of 4 bags) $8.00 $9.00 $9.45 ($ per Single Dwelling Unit per month) On-Call (Pay Per Bag) Yard-Waste Collection Service: The Contractor shall provide an “On-Call” (pay per bag) Yard Waste service option for residents in Single-Family Dwellings at a cost of $8.00 per compostable bag throughout the term of the Agreement. Prices shall include all collection and Yard Waste disposal/processing facility tipping fees. (No annual fuel adjustments on any Yard Waste fees.) Only Compostable Bags allowed. Page 44 of 40 Workshop Packet Page Number 84 of 124 E1, Attachment 3 AMENDED AND RESTATED SERVICE AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND Tennis Sanitation, L.L.C. FOR COMPREHENSIVE RESIDENTIAL * RECYCLING SERVICES (*INCLUDING RECYCLABLES COLLECTION SERVICES FOR FROM CITY FACILITIES) Workshop Packet Page Number 85 of 124 E1, Attachment 3 Table of Contents 1.INTRODUCTION...............................................................................................................1 2.DEFINITIONS....................................................................................................................1 3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS.................................................1 Term of Contract...............................................................................................................1 Extension Options.............................................................................................................2 Annual Work Plan.............................................................................................................2 Annual Performance Review.............................................................................................2 “Single Stream” Recyclables Collection/Processing System.............................................2 Payment Terms.................................................................................................................3 3.6.1.Per Dwelling Unit Fee for Single-Family Dwellings.............................................3 3.6.2.Per Dwelling Unit Fee for Multiple-Family Dwellings...........................................3 3.6.3.Per Small Business and Church Fee..................................................................3 3.6.4.Count of Eligible Residential Dwelling Units and Small Businesses....................4 3.6.5.Recycling Cart Audit...........................................................................................4 RFP and Contractor’s Proposal.........................................................................................4 Missed Collections............................................................................................................4 Postpone Recycling Collections........................................................................................4 Collection Hours and Days................................................................................................5 Designated Contact Person..............................................................................................5 Customer Complaints........................................................................................................5 Accuracy of Call Center Responses..................................................................................6 City Retains Right to Specify Resident Preparation Instructions.......................................6 City Shall Approve Contractor’s Public Education Literature.............................................6 Weighing of Loads............................................................................................................7 Monthly and Annual Reports.............................................................................................7 Ownership of Recyclables................................................................................................. 9 Scavenging Prohibited......................................................................................................9 Cleanup of Spillage or Blowing Litter...............................................................................10 Recyclable Materials Transported to Markets................................................................. 10 Processing Facilities.......................................................................................................10 Estimating Materials Composition as Collected...............................................................10 Lack of Adequate Market Demand..................................................................................10 Vehicle Requirements.....................................................................................................11 Trucks Shall Be Equipped with Wind Screens................................................................. 11 Trucks May Be Equipped with RFID Data Management Systems...................................11 Personnel Requirements................................................................................................. 12 Truck Fluid Leaks or Spills..............................................................................................12 Safety..............................................................................................................................12 Licenses and Permits......................................................................................................13 Performance Monitoring..................................................................................................13 Liquidated Damages.......................................................................................................13 4.Recycling Cart and Dumpster Purchasing Plan..........................................................15 5.Recycling Cart and Dumpster Distribution and Management Plan...........................15 6.CURBSIDE COLLECTION REQUIREMENTS ................................................................16 Weekly Collection............................................................................................................16 Page i Workshop Packet Page Number 86 of 124 E1, Attachment 3 Point of Collection...........................................................................................................16 Curbside Collection Schedule Deadline..........................................................................16 Procedure for Handling Non-TargetedMaterials.............................................................16 6.4.1.On-Board Truck Cameras to Monitor Materials During Loading........................17 6.4.2.Procedure for Unacceptable Materials..............................................................17 Records of Non-Participants...........................................................................................17 Public Education Information for Single Family Residents..............................................17 7.MULTI-FAMILY COLLECTION REQUIREMENTS.........................................................18 Multi-Family Dwellings Collection Stations......................................................................18 7.1.1.Multi-Family Dwellings Container Location(s)...................................................18 Multi-Family Dwellings Service Standards.......................................................................18 Multi-Family Dwellings Recycling Container Requirements.............................................18 Responsibility for Maintaining Multi-Family Dwellings Recycling Containers...................19 Public Education.............................................................................................................19 7.5.1.Public Education Information for Tenants with Multi-Family Dwellings Recycling Service 19 7.5.2.Other Public Education Tools to Residents with Multi-Family Dwellings Recycling Service 19 Annual Report to Multi-Family Dwellings Building Owners..............................................19 8.Municipal Facilities Collection Requirements.............................................................20 Annual Report for City Facilities......................................................................................21 9.INSURANCE AND OTHER LEGAL REQUIREMENTS...................................................21 Insurance........................................................................................................................21 9.1.1.Workers Compensation Insurance....................................................................21 Commercial General Liability Insurance..........................................................................21 Commercial Automobile Liability Insurance.....................................................................22 Environmental Liability Insurance....................................................................................22 Transfer of Interest..........................................................................................................22 Non-Assignment and Bankruptcy....................................................................................22 Dispute Resolution and Arbitration Procedures...............................................................22 Performance Bond..........................................................................................................22 General Compliance.......................................................................................................23 Independent Contractor...................................................................................................23 Hold Harmless.................................................................................................................23 Accounting Standards.....................................................................................................23 Retention of Records......................................................................................................23 Data Practices.................................................................................................................24 Inspection of Records.....................................................................................................24 Applicable Law................................................................................................................24 Contract Termination.......................................................................................................24 Employee Working Conditions and Contractor’s Safety Procedures...............................24 Agreement Amendments................................................................................................. 25 Page ii Workshop Packet Page Number 87 of 124 E1, Attachment 3 Appendices Appendix A Definitions ...................................................................................................... 27 Appendix B Map of Recycling Service Areas .................................................................... 30 Appendix C Current List of Recyclable Materials ............................................................... 31 Appendix D Contractor’s Current Education Tag ............................................................... 32 Appendix E Recycling Price Schedule .............................................................................. 33 Page iii Workshop Packet Page Number 88 of 124 E1, Attachment 3 1.INTRODUCTION This Amended and Restated Agreement is made ______________________, 202419__________________,between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Tennis Sanitation, LLC (the “Contractor”). WITNESSETH: WHEREAS, the City supports a comprehensive residential Recycling programand desires that high-quality Recycling services be available to all its residents; and WHEREAS, the City supports curbside Recycling from Single-Family Dwellings as part of an overall landfill abatement program; and WHEREAS, the City supports Multi-Family Dwelling Recyclingservices 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 has submitted a proposal for comprehensive Recycling services to the City; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein: 2.DEFINITIONS Definitions for this Agreement are contained in Appendix A to this Contract. 3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all Recycling Collectionservices: Single-Family Dwellings, Multi-Family Dwellings and City buildings & parks facilities. More detailed specifications about Collectionfrequencies, levels and other factors unique to each type of service are described below within specific sections in this Agreement. Term of Contract The term of the Agreement shall be from date of execution through June 30, 2025. Actual Collectionservice operations will be a period from January 1, 2020through June 30, 2025. The City may consider an extension for Agreement if mutually agreed to in writing by the City and the Contractor at least eighteen (18) months prior to the end of any current term of this Agreement. Page 1 of 32 Workshop Packet Page Number 89 of 124 E1, Attachment 3 The Amended and Restated Agreement shall be from date of execution through June 30, 2027. Actual Collection service operations will be a period from July 1, 2025 through June 30, 2027. Extension Options Any extensionwill be subject to the City’s sole determination of the service and of the City residents’ best interests. The basic elements and terms of this Agreement must be retained in place for such extensions. Minor amendments may be negotiated between both parties. The Contractorshall not consider the right of the City to extend the initial five (5) year and six (6) month term with extensions to constitute or imply any obligation by City to renew the Contract. Nothing in this Agreement shall be interpreted or implied to mean that the City will extend or negotiate beyond June 30, 2025. Annual Work Plan The Contractor shall submit an annual work plan proposal no later than November1 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. The annual work plan shall be incorporated by reference as an amendment to this Agreement. Annual Performance Review Upon receipt of the Contractor’sannual report, the City shall schedule an annualmeeting with the Contractor. The objectives of this annual meeting will include, but not be limited to: Review Contractor’s annual report, including trends in Maplewood’s Recycling recovery rates and participation rates. Efforts theContractor has made to expand Recyclable Materials markets. Review Contractor’s performance based on feedback from residents to the City’s Environment and Natural Resources (ENR) Commission, City Council, and City 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 withinthe remaining years under the current contract. “Single Stream” Recyclables Collection/Processing System Single stream RecyclablesCollectionand processing system shall be the basic service system design for this contract. Under this single stream design, residents will be instructed to place all City-designated Recyclablesinto their Recycling Carts. Recycling cartswill be used to serve Single-Family Dwellings. Recycling carts and/or dumpsters will be used to serve Multi-Family Dwellings and City buildings & parks facilities. Page 2 of 32 Workshop Packet Page Number 90 of 124 E1, Attachment 3 In addition, residents may place clean, reusable textiles separate from other Recyclablesin water-proof bags labeled “Clothes and Linens”, in bags provided by the Contractor, or upon city approval, use a subcontractor for “Clothes and Linens” who may provide a unique bag. The Contractor shall not make any changes to the single stream Collectionor processing system without prior written approval of the City. Payment Terms The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the contractor no later than net 30 days of receipt of the invoice. If payment is not received by net 45days, a 1.5% finance charge to the City will be imposed. The billing system will include the following elements: 3.6.1.Per Dwelling Unit Feefor Single-Family Dwellings The City has determined there are 11,345Single Family Dwelling accounts, which includes townhomes and manufactured homes that can be collected curbside. The Recycling Contractor will charge the City for curbside Collectionservices calculated by multiplying the number of Single-Family Dwelling units times the per unit fee per monthby Contract year as contained in Appendix E – Recycling Price Schedule.. This price includesall Recyclables processing/marketing costs and charges. The City will only pay the Contractor for occupied Single-Family Dwelling units served in the City(e.g., not vacant properties). The Single-Family Dwellings Recyclables Collection price schedule for each year of the Contract is contained in Appendix E. 3.6.2.Per Dwelling Unit Fee for Multiple-Family Dwellings The City has determined that there are4,206Multi-Family Dwelling unitscurrently served by the City’s Recycling programwith centralized recycling stations. Payment to the Recycling Contractor shall be on the basis of “$ per Multi-Family Dwelling unit per month”. The Multi-Family Dwellingunit price schedule by Contract year is contained in Appendix E – Recycling Price Schedule. These prices includeall Recyclables processing/marketing costs and charges. The City will only pay the Contractor for Multi-Family Dwelling containers actually serviced (e.g., properties with Recycling containers that are being properly used for Recycling service by residents). The Multi-Family Dwellings Recyclables Collection price schedule is contained in Appendix E. 3.6.3.Per Small Business and Church Fee The City will allow small businesses and churches to opt into the City’s recycling program if their recycling needs can be met by the City’s recycling program. Payment to the Recycling Contractor shall be on the basis of “$ per small business or church per month. Small business and church price schedule by Contract year is contained in Appendix E. Page 3 of 32 Workshop Packet Page Number 91 of 124 E1, Attachment 3 3.6.4.Count of Eligible Residential Dwelling Units and Small Businesses The City will provide a list of residential dwelling unitsand small businesses and churches eligible forRecycling Collection service by November 1each year. The Contractor shall verify or propose changes to this City list and counts of dwelling units and small businesses Fontcolor:Red and churches by February 7thof each year, for the previous calendar year. Updated counts Formatted: will be reflected in the Contractor’s invoice to the City. 3.6.5.Recycling Cart Audit Once per year, the Contractor shall conduct a field audit of Recycling Carts deployed in Maplewood to eligible residential dwelling units and small businesses and churches including number and size of carts. The results of this Recycling Cart audit shall be reported to the City by February 7thof each year, for the previous calendar year. RFP and Contractor’s Proposal The contents of the City’s Request for Proposal (RFP) for Recycling Services (dated May 20, 2019, and the Contractor’s proposal (dated June 14, 2019) are part of the contractual obligations and are incorporated by reference into this contract. If any provision of the Agreement is in conflict with the referenced RFP or proposal, the Agreement shall take precedent. 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 Collectionreceived after 11:00 a.m. on a business day,the Contractor agrees to pick up that missed Collectionbefore 4:00 p.m. on the following business day. Postpone Recycling Collections After adequate notice to the City, the Contractor may postpone collections due to severe weather or other causes outside the Contractor’s reasonable control. The Recycling Contractor shall coordinate the postponement of collections with the Trash Contractor to the extent possible (i.e., if the Trash Contractor postpones collection, the Recycling Contractor shall also postpone collection). The Contractor shall closely coordinate severe weather service postponement announcements with the City, Mixed messages shall not be broadcast, and work with the City to provide communication that does not send mixed messagesto City residents. “Severe Weather” shall include, but not be 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. “Other causes” shall include, but not be limited to, those cases that occur beyond the Contractor’s control preventing regular Collectionof selected routes. Ifcollections are postponed, the Contractor shall notify the City. Upon postponement, Collectionwill be made on the next day following the conclusion of the service weather event, or as soon as possible... Page 4 of 32 Workshop Packet Page Number 92 of 124 E1, Attachment 3 Collection Hours and Days The City requires all such collections to begin no sooner than 6 a.m.and shall be complete by 6 p.m. Furthermore, the City requires scheduled Collectiondays 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 “Postpone Recycling Collections” section). TheContractor must request such exception from the City’s designated contact person via telephone or email prior to the requested Collectionevent, and specify the date, time and reason for the exception. Designated Contact Person The City and Contractor shall provide a designated contact person for purposes of daily communications, reports, prior to execution of the Agreement. The designated contact person shall be available via phone and e-mail during customer service hours and whenever trucks are providing service within the City. Customer Complaints The Contractor shall provide staffing of a telephone equipped office to receive missed Collectioncomplaints and other complaints between the hours of 7:00 a.m. until 5:00 p.m. on all days of Collection as specified in this Contract. Phone calls to the Contractor for any reason must be answered by a “live person” rather than a recording within an average of 1 minuteof call connection, or roll over to an answering machine/voice mail system to leave a message or a system to call back the customer. The Contractor may have music or City-approved educational information during the 1 minute delay. Return calls to voicemail messages or call back systems must be returned within the same business day between the hours of 7:30 a.m. to 4:00 p.m. Voice mail messages or call back requests left after4:00 p.m. must be returned prior to 8:30 a.m. the next business day. Recorded messages of the Contractor shall request a daytime phone number where the caller can be reached. The Contractor may also request an email address for customers in addition to a daytime phone number. 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 th office as of the execution of the Agreement is720 4Street, Saint Paul Park, Minnesota 55071and 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. Page 5 of 32 Workshop Packet Page Number 93 of 124 E1, Attachment 3 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. Accuracy of Call Center Responses The City will produce a fact sheet containing frequently asked questions (“FAQs”) that are commonly received from residents about the Maplewood program. The FAQs fact sheet will also contain the recommended standard responses to be given by the City and Contractor customer service call center staff. Before the FAQs fact sheet is finalized, the City will solicit input and comments from the Contractor, but responsibility for the final document will rest with the City. The City may from time-to-time update the FAQs fact sheet as needed and will notify the Contractor and solicit input on the changes. The Contractor’s customer service call center staff serving the City shall be trained on the use and compliance requirements for following the FAQs fact sheet when answering questions from Maplewood residents. The City will notify the Contractor immediately if the City receives any legitimate complaints about the accuracy of answers given by the Contractor’s customerservice call center staff. The Contractor shall take corrective action to cure the mistake and notify the City of the actions taken and means to prevent recurrence. The City may make anonymous phone calls to the Contractor acting as if the call is from the general public to ask selected questions. If such calls are made, an email report summarizing the accuracy of the customer service representatives’ responses will be provided back to the Contractor. City Retains Right to Specify Resident Preparation Instructions The City and the Contractor shall work togetherto clearly specify the resident sorting and setout requirements. The Cityshall publish and distribute, on an annual basis, the detailed Recyclablepreparation instructions for Maplewood residents as part of its annual public education flyer. City Shall Approve Contractor’s Public Education Literature The City shall draft an annual solid waste educational flyer. The flyer shall be approved by the Contractor. The Contractor shall pay for the design, publication, and distribution via bulk mail delivery. The flyer will include an annual calendar specifying holiday Collection days. Education tags shallbe left by Contractor’s Collectioncrews at the time any material is left behind without being collected to instruct residents why the material was not collected (e.g., Prohibited Materials). See Appendix D for the current version of the Contractor’s education tag. Changes to this education tag shall be submitted in writing to the City for approval prior to any printing. The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified resident preparation instructions as Page 6 of 32 Workshop Packet Page Number 94 of 124 E1, Attachment 3 per the public education elements of the annual work plan. The Contractor shall have Maplewood-specific content on its web site about the City’s Recycling program, including an active hyperlink to the City’s web page containing Recycling instructions for Maplewood residents. 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. 3.15.1Education Literature to Multi-Dwelling Unit Property Owners (NEW ADDITION) Fontcolor:Text 1 Formatted: Fontcolor:Text 1 The Contractor shall mail annual letters to the owners and/or managers of all multi-dwelling Formatted: properties that have central recycling collectionby March 1by March 1in the first quarterof Fontcolor:Red Formatted: each year. The letters shall include the amount of recycling collected for the previous year Fontcolor:Red Formatted: and educational information on recycling. The City shall review and approve the letter Fontcolor:Text 1 Formatted: format annually prior to mailing. Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, Collectionroute, vehicle number, tare weight, gross weight, net weight and number of Recyclingstops for each loaded vehiclefor the term of the Agreement. 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. Reports Monthly and Annual Reports The Contractor will submit to the City monthly and annual reports. At a minimum, the Contractor shall include the following information in these reports: Total quantities of RecyclableMaterials collected, by material type (in tons). Net quantities of RecyclableMaterials marketed, by material type (in tons). Log of all resident addresses where education tags 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. Log of resident addresses that consistently do not set our Recyclables. Gallons of fuel or mileage of vehicles traveled for the City’s greenhouse gas assessment. th Monthly reports shall be due to the City by the fifteenth (15) day of each month. Annual reports shall be due by February 7 of each year, for the previous calendar year. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s Recyclingprogram (e.g., public education, Multi- Family Recycling, etc.). Page 7 of 32 Workshop Packet Page Number 95 of 124 E1, Attachment 3 3.17.1. Monthly Reports The Contractor will submit to the City monthly reports. At a minimum, the Contractor shall include the following information in these reports: Total quantities of recyclable materials collected, by material type (in tons). Net quantities of recyclable materials marketed, by material type (in tons). Log of all resident addresses where education tags 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. Log of resident addresses that consistently do not set out recyclables. Gallons of fuel or mileage of vehicles traveled for the City’s greenhouse gas assessment. Log of number of cart replacements, exchanges, and repairs. Summary of how the nonparticipating household percentage is determined. Log of the number and size of curbside recycling carts in use. Relative change in type of materials found in the yearly composition study compared to the previous year’s study. Log of number of cart replacements, exchanges, and repairs. Summary of how the nonparticipating household percentage is determined. Log of the number and size of curbside recycling carts in use. Relative change in type of materials found in the yearly composition study compared to the previous year’s study. Log of recycling weights from each City facility and park. Summary of how the previous year’s work plan items were addressed. Log of safety and accident reports. Log of residents with walk-up service. Monthly reports shall be due to the City by the fifteenth day of each month. 3.17.2. Annual Report The Contractor will submit to the City an annual report. At a minimum, the Contractor shall include the following information in these reports: Page 8 of 32 Workshop Packet Page Number 96 of 124 E1, Attachment 3 Total quantities of recyclable materials collected, by material type (in tons). Net quantities of recyclable materials marketed, by material type (in tons). Log of all resident addresses where education tags 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. Log of resident addresses that consistently do not set out recyclables. Gallons of fuel or mileage of vehicles traveled for the City’s greenhouse gas assessment. Log of number of cart replacements, exchanges, and repairs. Summary of how the nonparticipating household percentage is determined. Log of the number and size of curbside recycling carts in use. Relative change in type of materials found in the yearly composition study compared to the previous year’s study. Log of recycling weights from each City facility and park. Summary of how the previous year’s work plan items were addressed. Log of safety and accident reports. Log of residents with walk-up service. Annual reports shall be due by February 7 of each year for the previous calendar 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, multi- dwelling unit recycling, etc.). Ownership of Recyclables Ownership of the Recyclablesshall remainwith the person placing them for Collectionuntil Contractor’s personnel physically touches them for Collection, at which time the ownership of the Recyclablesshall transfer to the Contractor. Scavenging Prohibited All RecyclableMaterials placed for Collectionshall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them. Upon Collectionof the designated RecyclableMaterials 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 RecyclingContractor or owner’s independent hauler to collect, remove, or dispose of designated Recyclablesafter the materials have been placed or deposited for Collectionin the Recyclingcontainers. The Page 9 of 32 Workshop Packet Page Number 97 of 124 E1, Attachment 3 owner, owner’s employees, owner’s independent hauler’s employees, or City’s Recycling Contractor’s employees may not collect orscavengethrough Recyclingin any manner that interferes with the contracted Recyclingservices. 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 Recyclablesshall be transported in a covered vehicle so that the Recyclablesdo not drop or blow onto any public street or private property during transport. Recyclable Materials Transported to Markets Upon Collectionby the City’s RecyclingContractor, the Contractor shall deliver the designated Recyclablesas outlined in Appendix C to a RecyclableMaterialprocessing center, an end market for sale or reuse, or to an intermediate Collectioncenter 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 Recyclablesin a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or use the Recyclables as fuel for waste to energy. Processing Facilities The Contractor shallassure 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 plans for receiving and processing Recyclablescollected from the City. Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s Recyclablesduring October of each year to estimate the relative amount by weight of each recyclable commodityby 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 contaminants as 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 Contractor shall provide the City with a copy of the analysis for each year of the contract. 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 Collectionceases. Page 10of 32 Workshop Packet Page Number 98 of 124 E1, Attachment 3 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 Agreement 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, resource recovery facility,or other facility receiving mixed municipal solid waste. If disposal of any Recyclablecommodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the RecyclableMaterials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. The City and the Contractor will negotiate a cost for disposal. Vehicle Requirements Vehicles shall be clearly signed on both sides as a RecyclingCollection vehicle. In addition, all Collection vehicles used in performance of the Agreement 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 Statutes 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 odors as possible. Trucks Shall Be Equipped with Wind Screens The Contractor’s automatic side loading truck dumping hoppers must be outfitted with wind screens or shields to minimize wind-blown litter when tipping the carts. Trucks MayBe Equipped with RFID Data Management Systems The Contractor’s trucks purchased and used for the City maybe equipped with on-board radio frequency identification (RFID) systems to read the RFID tags installed in the Recyclingcarts when the carts are emptied in the Contractor’s trucksas a means to count Recyclingcart set-outs by address. The Contractor may use alternative means or Page 11of 32 Workshop Packet Page Number 99 of 124 E1, Attachment 3 technologies to accomplish the same set-out counts, but must submit this to the City in writing for approval. Personnel Requirements The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. The 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. For drivers and helpers, wear a uniform and employee identification badge or name tag. Drive in a safe and considerate manner. Manage curbside Recyclingcartsand Multi-Family containers in a careful manner so as to avoid spillage and littering, or damage to the cart or other container. Carts should not be thrown once emptied. Monitor for any spillage and beresponsible for cleaning up any litter or breakage. Avoid damage to property. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. Truck Fluid Leaks or Spills The Contractor shall submit its plan to the City for responding to any leak, spill or other release of truck fluids (e.g., oil, fuel, anti-freeze, hydraulic fluid, etc.). This plan must provide that the Contractor respond immediately and make efforts to contain and clean the leak. Cleaning shall include complete removal of any fluid released. If grass is damaged to the point that it cannot live, the Contractor shall be responsible for turf replacement. The City will have soleauthority to determine if the cleaning and/or property repairs are adequate in the event of dispute. All cleaning activities must adhere to applicable local, State, and Federal regulations and applicable storm water regulations and permits. Safety The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable Federal, State and local laws and regulations. The City reserves the right to inspect on a random basis all trucks. Upon request by the City, the Contractor shall provide records of truck or facility inspections conducted by other agencies. The Contractorshall submit a detailed safety plan to the City for review and approval within two (2) monthsafter executing this Contract. This safety plan shall address all elements of this Agreement including (but not limited to) Recyclingcollection operations. Page 12of 32 Workshop Packet Page Number 100 of 124 E1, Attachment 3 The annual report and work plan shall have a safety component to report any incidents and recommend improvements. 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 must have current permits andlicenses as required by the appropriate city, county, state and federal laws and ordinances. The Contractor shall make available for inspection all such licenses and permits upon request by the City. Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Agreement, City ordinances, and the City’s Solid Waste Management Standards. The City reserves the right to inspect the Contractor’s vehicles or reports of facility inspections conducted by other agencies at any time during normal business hours for compliance with thisAgreement, and the 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 after being notified by the City, the City will initiate liquidated damages as outlined in Section 3.33(N). If continued substandard performance exists, the City may initiate Agreement termination procedures. Liquidated Damages This Agreement requires Contractor to meet the following performance standards: Deliver quality and timely Recyclables collection services to residents as set forth in the referenced RFP, Contractor’s proposal and clarifications, and this Agreement. Meet other conditions as described herein for collection and transportation of Recyclables to the designated Recyclable processing facility. City and Contractor shall communicateon a regular and as needed basis related to customer complaints, accidents, and other incidents. The following general incident escalation procedure provides a general guide for managing such communications as efficiently as possible. Simple complaints and incidents may be handled with verbal communications only (e.g., phone calls). Significant complaints and incidents must be recorded via at least email. A proposed cure and response timeline shall be discussed and agreed upon by both parties. If a problem is not cured within the proposed timeline, a second email should be used to communicate a new agreed upon timeline. Page 13of 32 Workshop Packet Page Number 101 of 124 E1, Attachment 3 If a problem is still not cured within the new agreed upon timeline of a second email, the City may send a letter indicating a new cure timeline and warning that liquidated damages may be imposed if the problem is not resolved. If a problem is still not cured with the new timeline of the letter, the City will send a letter and email notifying the Contractor that liquidated damages will be imposed. If a problem remains chronic and uncured, the City may initiate Agreement breach procedures to notify the Contractor. This Agreement establishes liquidated damages for failure to meet selected, example performance standards. These liquidated damages are independent of default and breach provisions addressed elsewhere in this Agreement. City and Contractor expressly agree that the potential harm or injury to City caused by the incidents of substandard performance set forth in this Agreement are difficult or impossible to accurately estimate. City and Contractor stipulate that each damage dollar amount in this Agreement is a reasonable pre- estimate of the probable loss to City and the general public. The existence or recovery of such liquidated damages shall not preclude City from recovering other damages in addition to the payments made hereunder which City can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, City may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. The City may itemize and deduct liquidated damages from the monthly payments to Contractor. 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 fulfilling its obligations: A. Failure to respond to legitimate service complaints within twenty-four (24) hours in a reasonable and professional manner – fifty dollars ($50) per incident. B. Failure to collect properly notified missed collections – two hundred and fifty dollars ($250) per incident. C. Failure to provide monthly and annual reports – one hundred dollars ($100) per incident. D. Failure to complete the collections within the specified timeframes without proper notice to the city – one hundred dollars ($100) per incident. E. Failure to clean up from spills during Collection operations – two hundred fifty dollars ($250) per incident. F. Failure to report on changes in location of Recyclable processing operations – two hundred fifty dollars ($250) per incident. G. Failure to provide written description of the means to estimate relative amount of Recyclable Materials composition (including contaminants as collected) derived from the City’s Recyclables – one thousand dollars ($1000) per incident. Page 14 of 32 Workshop Packet Page Number 102 of 124 E1, Attachment 3 H. Making changes to the Collection and Processing systems prior to receiving City approval to implement any such change – five thousand dollars ($5,000) per incident. I. Failure to conduct and report results of the annual composition analysis – one thousand dollars ($1,000) per incident. J. Failure to provide sufficient City cart or container inventory information to the City or failure to provide adequate notification of when new carts and/or containers need to be ordered – five hundred dollars ($500) per incident. K. Failure to provide adequate notice and coordination to prevent mixed public messages about collection delays due to severe weather incidents – two-thousand dollars ($2,000) per incident. L. Failure to accurately answer a resident’s question to the Contractor’s customer service call center – one-hundred dollars ($100) per incident. M. Failure to correct substandard performance after being notified by the City – one thousand dollars ($1,000) per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. Ten (10) or more such major incidents in a six (6) month period shall constitute grounds for termination of the Agreement and not subject to cure. The City shall have sole discretion to define what major incidents are. Commented \[A1\]: During the 2020 contract negotiations 4. Recycling Cart and Dumpster Purchasing Plan the City was considering purchasing recycling carts for the City’s residential recycling program, rather than If the City elects to purchase Recycling carts and dumpsters for the City’s Recycling using the Contractor’s carts. This was put on hold, but program, the City shall develop a cart and dumpster purchasing plan and schedule in added to the contract in the event the City wants to coordination with the Contractor. The Contractor shall review and comment on this cart and purchase carts in the future. In the process of these negotiations, details on the Contractor’s carts were left dumpster purchasing plan. out of the contract. I want to add language which describes that the Contractor will supply recycling carts for all residential properties. Residents will have a choice of recycling cart size from 35, 65, and 95 gallon 5. Recycling Cart and Dumpster Distribution and Management carts. And additional details on when the carts should be rolled out for new properties and dates for Plan exchanging carts. If the City elects to purchase Recycling carts and dumpsters for the City’s Recycling program, the Contractor and the City shall develop a cart distribution and management plan in coordination with the City within thirty (30) days of executing this Agreement. 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. Page 15 of 32 Workshop Packet Page Number 103 of 124 E1, Attachment 3 6.CURBSIDE COLLECTION REQUIREMENTS The following Collectionrequirements in this section are for curbside Recyclingservices only (Single-Family Dwellings including buildings with up to four units), and do not pertain to Multi-Family Dwellings. Weekly Collection The Contractor shall collect curbside RecyclingMaterials weekly from the authorized curbside Recyclingcarts. No other Recycling containers 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 Collectiondays (with the exception of curbside Collectionon Saturdays within agreed-upon “holiday weeks”). Point of Collection Nearly all Recyclable Collection service will occur at the curb, with the following exceptions: A. Elderly residents or those with short or long-term physical limitations who require “Walk-Up” Collection Service. B. Alley collections for the few, designated blocks that do not have adequate access to curbside Recyclable Collection service due to the topography of the street and boulevard. C.“Walk-up” service may also be provided to residents on an on-call basis. Residents that do not have physical limitations and request “Walk-Up” service must pay the Contractor a fee per collection eventas outlined in the Appendix E. Residents must schedule such paid “Walk-Up” service in advance any time before 9:00 a.m. the morning prior to the “Walk-Up” service day and provide payment via credit card at that time. Curbside Collection Schedule Deadline If the Contractor determines that the Collectionof Recyclableswill not be completed by 6:00 p.m. on the scheduled Collectionday, the Contractor shall notify the City by 3:30 p.m. that same day and request an extension of the Collectionhours. 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 may request the City Manager. Procedure for Handling Non-Targeted Materials If the driver observes that a resident has set out non-targeted materials, the driver shall use the following procedure: A. Contractor shall leave an “education tag” indicating acceptable materials and the proper method of preparation. Page 16of 32 Workshop Packet Page Number 104 of 124 E1, Attachment 3 B. The driver shall record the address and the Contractor shall report the address to the City in the required monthly report. 6.4.1.On-Board Truck Cameras to Monitor Materials During Loading All Recycling collection trucks used by the Contractor for this Agreement shall be equipped with on-board, mounted video cameras to monitor Recyclable materials as they are being tipped into the truck hopper. The video display shall be mounted in the cab and observed by the driver as materials are unloaded into the hopper. 6.4.2.Procedure for Unacceptable Materials If the Contractor determines an eligible householdhas set out significant amounts of unacceptable materialsor a hazardous item, the driver shall use the following procedures. If the unacceptable materials have beentipped into the collection truck, the driver shall make a note of the issue in the Contractor’s tracking system, and then will check again the following service day and leave an educational tag if needed. If an address has been reported for contaminationthree consecutive weeksin a row, the Contractor will work to verify the accuracy of the address recorded in the tracking system and then shall notify the Citywho will send a letter to the resident noting the unacceptable materials and providing information on what are accepted recyclables. Records of Non-Participants The Contractor shall keep records of eligible households that do not regularly participatein curbside recycling. All non-participating addresses shall be reported to the City as part of the Provider’s monthly reports. The Contractor may make recommendations for improving this method and procedurefor recording and reporting non-participating households. Public Education Information for Single Family Residents The City shall draft an annual solid waste educational flyer. The flyer shall be approved by the Contractor. The Contractor shall pay for the design, publication, and distribution via bulk mail delivery. The flyer will include an annual calendar specifying holiday Collection days. Education tags to be left by Contractor’s Collectioncrews at the time any material is left behind without being collected to instruct residents why the material was not collected (e.g., non-targeted material is rejected and left at the curb) and a phone number to call for more information and questions. If the Contractor owns the Recycling Carts, the Contractor shall assure that the Recycling instructions in mold labels on the lids of the Recycling Carts are maintained so they are legible. For new and switched carts, the labels shall remain up to date with the current list of Recyclables. Also, citywide the lids shall be switched with new labels if there are multiple (more than one) major changes in the current list of Recyclables. The final draft designof any change to the labels shall be approved in advance by the City. The Contractor shall provide tours of their materials recovery Recycling facility (MRF) upon request of the City at no additional cost. The Contractor may establish reasonable tour request, scheduling and safety procedures. Page 17of 32 Workshop Packet Page Number 105 of 124 E1, Attachment 3 7.MULTI-FAMILY COLLECTION REQUIREMENTS The following Collectionrequirements are for Multi-Family Dwellings Recyclingservices only and do not pertain to curbside Recycling servicesfrom Single-Family Dwellings. Consistent with City ordinance, Multi-Family Dwellingsbuilding owners must use the City’s RecyclingContractor to provide Recyclingservicesand the Contractor will work with the City to ensure all multi-family dwellings are serviced with recycling collection through the City’s recycling contract. Multi-Family Dwellings Collection Stations Multi-Family Dwellings Recyclingstations will be specified with approvalof the Multi-Family Dwellingsbuilding owner on a case-by-case basis. Multi-Family DwellingsRecycling stations will likely be a cluster of Recyclingcarts or Recyclingdumpsters. The Contractor shall work with City staff and the Multi-Family property owner and/or manager to discuss and then decide the level of service, including type of container, which best fits the need of that particular Multi-Family property. City staff will initiate the first contact with Multi-Family property owners and managers if the property is notcurrently served under the City Recycling Contract. The number and location of Multi-Family DwellingsRecyclingstations shall be adequate to be reasonably convenient and accessible to all Multi-Family Dwellings residents. 7.1.1.Multi-Family Dwellings Container Location(s) Multi-Family Dwellings Recyclingcontainers shall be placed in a location(s) on the Multi- Family Dwellingspremises which permits access for Collectionpurposes but which does not obstruct pedestrian or vehicular traffic. Recycling containers must also comply with the City’s zoning and other ordinances. Multi-Family Dwellings Service Standards At a minimum, Multi-Family Dwellings Collectionservices 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 Recyclingcontainers’ capacity shall provide for regular removal of the Recyclablessuch that there is adequate storage capacity available in the Recyclablecontainers to avoid overflowing containers. Multi-Family Dwellings Recycling Container Requirements Adequate Multi-Family Dwellings Recycling carts and dumpsters shall beprovided to serve the needs of the Multi-Family Dwellings buildings served under this Agreement. The Recycling Collection service levels (number and size of Recycling containers; and frequency of collection) shall be adequate to assure there is no overflowing of Recyclables. The Recyclingcontainers for Multi-Family Dwellings buildings shall be: A. Sufficient in number and size to meet the demands for Recyclingservices created by the occupants. B. Equipped with hinged lids. Page 18of 32 Workshop Packet Page Number 106 of 124 E1, Attachment 3 C.Equipped with standardized labels approved by the City, attached to the lid and the front of the cartsand dumpsters, and which identify the type of RecyclableMaterial to be deposited in each container. Recycling containers shall be colored differently from other containers for Trash. D.Maintained in proper operating condition and reasonably clean and sanitary. E. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. F.Receptacles shall be of a sort approved by City staff for use prior to entering service. Responsibility for Maintaining Multi-Family Dwellings Recycling Containers Adequate Multi-Family Dwellings Recyclingcarts and dumpsters shall be rolled-out and maintained by the City’s Contractor. As part of a more detailed Recycling cart and dumpster distribution and management plan, within thirty (30) days of executing this Agreement, the City and the Contractor shall develop a specific schedule for roll-out of carts and dumpsters to eligible Multi-Family Dwellings properties. Public Education 7.5.1.PublicEducation Information for Tenants with Multi-Family Dwellings Recycling Service At least once per year, the City’s RecyclingContractor shall supply the Multi-Family Dwellings building owner with the sufficient number of Recyclingfact sheets with instructions for the tenants in their building(s). The information should specifically address Multi-Family Dwellings Recyclingservice, and should not be the same educational material distributed to Single-Family Dwellings residents. These fact sheets shall be pre-approved by the City at least thirty (30) days prior to printing by the Contractor. 7.5.2.Other Public Education Tools to Residents with Multi-Family Dwellings Recycling Service The Contractor shall provide other public education tools (e.g., educational material in languages other than English such as Spanish, Hmong, Somali, etc.) that the Contractor will provide, in cooperation and coordination with Multi-Family Dwellings building owners, as part of the annual work plan. The City will work with the Contractor regarding the quantities needed and the locations for distribution. Annual Report to Multi-Family DwellingsBuilding Owners th The City’s Contractor shall provide an annual report by February 7of each year, for the previous calendar year,to the Multi-Family building owners served by the City’s Contractor. A copy of each report to the Multi-Family Dwellings building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: A. Name of owner, building manager and contact information (mailing address, telephone numbers, email, etc.). B. Street address of each Multi-Family Dwellings building served. Page 19of 32 Workshop Packet Page Number 107 of 124 E1, Attachment 3 C. Description of Collection services made available to occupants, including number of Multi-Family Dwellings Recycling stations, number of Multi-Family Dwellings Recycling containers, location of stations, amounts of materials collected, and dates of Collection. D. Description of public education tools used to inform occupants of availability of services. E. Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). 8. Municipal Facilities Collection Requirements The Contractor shall provide, at no charge, Collection services at least once per week at the following City buildings: A. City Hall – 1830 County Road B East. B. Public Works Building – 1902 County Road B East. C. Park & Recreation Maintenance Building – 1810 County Road B East. D. Fire Station One – 1177 Century Avenue North. E. Fire Station Two – 1955 Clarence Street. F. Fire Station Three – 1530 County Road C. G. Fire Training Facility – 1881 Century Avenue North. H. Maplewood Community Center – 2100 White Bear Avenue. th I. Maplewood Nature Center – 2659 7 Street East. The contractor shall provide, at no charge, Collection services at the following parks: A. Wakefield Park, 1590 Frost Avenue (April – October). B. Harvest Park, 2561 Barclay Street (April – October). C. Goodrich Park, 1980 North St. Paul Road (April – October). D. Afton Heights Park, 63 North Sterling Street (April – October). E. Hazelwood Park, 1663 County Road C (Special event only on the Fourth of July). F. Bruentrup Heritage Farm – 2170 County Road D The level of Recycling Collection service at City buildings and parks facilities (number and size of Recycling containers; and frequency of collection) shall be adequate to assure there is no overflowing of Recyclable Materials. The Contractor shall propose optimum service levels for each building. The Contractor shall replicate the Multi-Family educational signage so they are unified with the signage at City buildings and parks facilities. Page 20 of 32 Workshop Packet Page Number 108 of 124 E1, Attachment 3 Annual Report for City Facilities th The City’s Contractor shall provide an annual report by February 7of each year, for the previous calendar year,to the City Facilities served by the City’s Contractor. The report shall contain, at a minimum, the following information: A. Name of City Facility and address. B. Description of Collectionservices made available to City Facility including number of containers, location of stations, amount of materials collected,and dates of Collection. C.Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). 9.INSURANCE AND OTHER LEGAL REQUIREMENTS Insurance Insurance secured 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 Agreement 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 thefollowing insurance. 9.1.1.Workers Compensation Insurance Workers compensation insurance shall meet the statutory obligations with Coverage B - employer’s liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 diseaseeach employee. Commercial General Liability Insurance Commercial General Liability insurance shall be at the limits of at least $1,500,000 for bodily injury, $500,000 for property damage. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. The Contractor should provide evidence of in-force pollution legal liability with limits of not less than $5,000,000 per occurrence. 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. Page 21of 32 Workshop Packet Page Number 109 of 124 E1, Attachment 3 Commercial Automobile Liability Insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $500,000 for property damage and bodily injury in the following amounts $1,000,000 per person and $5,000,000 per occurrence. This insurance shall include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. Environmental Liability Insurance The Contractor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations for all matters related to in this Recyclingservices agreement. The Contractor shall add the City as an additional insured under said insurance policy(s). The policy coverage shall include environmental impairment liability. The Contractor shall provide the City with appropriate documentation of said environmental liability insurance for verification upon written request from the City. The Contractor further indemnifies the City, its employees, agents and licensees from all liability related to hazardous contamination/pollution resulting from the acts of the Contractor, its employees or agents. Transfer of Interest The Contractor shall not assign any interest in the Agreement, and shall not transfer any interest in the Agreement, either by assignment or notation, without the prior written approval of the City. The Contractor shall not subcontract any services under this Agreement 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 Agreement termination. 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 Agreement without written approval from the City. In the event the City or its successors or assigns files for bankruptcy as provided by federal law, this Agreement shall be immediately deemed null and void relieving all parties of their contractualrights and obligations. Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled, at the option of the Contractor, by arbitration in accordancewith 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. Performance Bond This Agreement specifies requirements for a performance bond in the case ofthe 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. Page 22of 32 Workshop Packet Page Number 110 of 124 E1, Attachment 3 General Compliance The Contractor agrees to comply with all applicable local, state and federal laws and regulations. The Contractor agrees to comply with all applicable local, State and Federal laws and regulations governing funds provided under this Agreement. The Contractor shall pay its employees performing the work under this Agreement a living wage. Living wage may be 1 defined pursuant to the Living Wage Calculatorproduced by Pennsylvania State University as a means to estimate the cost of living within specific geographic locations. Independent Contractor Nothing contained in this Agreement is 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 tothe 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 Agreement shall be considered employees or subcontractors of the Contractor only and not of the City; and any and 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. 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. 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 accountfor expenses incurred under this Agreement. Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Agreement for a period of six (6) years after the resolution of all audit findings. Records for 1 For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123 Page 23of 32 Workshop Packet Page Number 111 of 124 E1, Attachment 3 non-expendable property acquired with funds under this Agreement shall be retained for six (6) years after final disposition of such property. 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 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 proposalsshall 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. Inspection of Records All Contractor records with respect to any matters covered by this Agreement shall 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. 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. Contract Termination The City may cancel the Agreement if the Contractor fails to fulfill its obligations under the Agreement 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 Agreement shall, 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. Employee Working Conditions and 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 laws and regulations. The City Page 24of 32 Workshop Packet Page Number 112 of 124 E1, Attachment 3 reserves the right to inspect on a random basis all trucks. Upon request by the City, the Contractor shall provide records of truck or facility inspections conducted by other agencies. Agreement Amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. Page 25of 32 Workshop Packet Page Number 113 of 124 E1, Attachment 3 IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. City of Maplewood: By______________________________ City Manager ________________________________ Printed Name Date:____________________________ By______________________________ Mayor ________________________________ Printed Name Date:____________________________ Contractor: By______________________________ By______________________________ Area President Title _____________________________________ ________________________________ ________________________________ Printed Name Printed Name Date:____________________________ Date:____________________________ Page 26 of 32 Workshop Packet Page Number 114 of 124 E1, Attachment 3 Appendix A Definitions Agreement This legal Agreement executed between the City and the Contractor. The Agreement shall include, but not be limited to, the RFP document, RFP Addendum, the Contractor’s proposal in response to the RFP, and the Contractor’s response to City questions. These additional documents are incorporated herein to this Agreement by reference. If in conflict, this Agreement shall take precedence. Annual Recycling Public The City shall draft an annual solid waste educational Education Flyer flyer. The flyer shall be approved by the Contractor. The Contractor shall pay for the design, publication, and distribution via bulk mail delivery yearly on a schedule to be approved by the City. The flyer shall contain the following information for City residents and small businesses and churches that have opted into the City’ (but not limited to): General information about all recycling collection services. List of acceptable recyclable materials. Annual calendar and map of recycling service areas for Single-Family Dwellings (SFD’s) and Multi-Family Dwellings (MFDs) Specific instructions about how to use and care for the recycling carts and dumpsters (e.g., set out, washing, etc.) List of prohibited materials. Automated Collection Use of trucks equipped with robotic arms that mechanically grab, lift, empty and set down empty trash carts using remote controls operated by the driver such that no manual lifting of carts is required. City The City of Maplewood, Minnesota with offices located at 1830 East County Road B, Maplewood, MN 55109. Collection The loading and transportation of solid waste materials from the place at which it is generated including all activities up to the time when it is delivered to a designated disposal facility or transfer station. Contractor Once a new Agreement is executed, the City’s service Contractor under the Recycling Services Agreement. (Note: In the RFP, the use of the singular “Contractor” form may be implied to be plural “Contractors” depending on the context.) Holiday weeks A week where a holiday falls on a Monday through Friday and requires the Contractor to collect trash on a Saturday, of which Saturday will be agreed upon by the Page 27 of 32 Workshop Packet Page Number 115 of 124 E1, Attachment 3 City. Holidays Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, 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. Multi-Family Dwellings A building containing five (5) or more residential dwelling (MFDs) units. Prohibited Mailings Notices sent to residential dwelling units within the City of Maplewood such as for advertising rates or services not available under the proposed Agreement. Also includes other notices sent to residential dwelling units without prior City written approval. Prohibited Materials Waste materials that are prohibited from disposal in with mixed trash or that may be hazardous, toxic, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, bio hazardous, or listed or characterized as Hazardous Waste as defined by Federal, State, County, or local law or any otherwise regulated waste, or otherwise harmful to the environment, collection crew safety, or resource recovery system. Rates City-approved rates as per the specifications in this Agreement for various trash and other collection services as charged by the Contractor directly to residents. Recycling The collection of or action of consolidating recyclable materials for collection. Respondent The organization submitting a proposal in response to the City’s RFP. Service Areas Geographic areas of the City with specified day-certain schedule for recycling and trash collection services. Also referred to as “collection zones”. (See Agreement Appendix B for geographic boundaries.) Single-Family Dwellings A building containing up to four (4) residential dwelling (SFDs) units. Textiles Textiles include unwanted but reusable linens such as towels, sheets, blankets, curtains, tablecloths and clothes (including belts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains). Textiles must be dry. Trash The mixed municipal solid waste from residential homes as covered by this Agreement. (Note: This contract also uses the term “Trash” services to refer to the family of solid waste collection services Page 28 of 32 Workshop Packet Page Number 116 of 124 E1, Attachment 3 including Yard Waste and Bulky Items.) Walk-Up Collection Service Special collection of recycling from the house or garage. For these stops, the Contractor actually walks the cart down to the curb, empties the cart, and walks it back to its original location. Page 29 of 32 Workshop Packet Page Number 117 of 124 E1, Attachment 3 Appendix B Map of Recycling Service Areas Page 30 of 32 Workshop Packet Page Number 118 of 124 E1, Attachment 3 Appendix C Current List of Recyclable Materials Recyclable materials included as part of the city’s single sort recycling system (consistent with the current City of Maplewood Residential Recycling Guide) include: Mixed paper: Newspapers (including inserts), magazines, phone books, office and school papers, junk mail, box board such as snack and cereal boxes, pop/beer/water boxes, other fridge/freezer box board, paper egg cartons, pizza boxes, corrugated cardboard, shredded paper (bagged and sealed). Glass: Food and beverage containers including glass jars and bottles. Plastic: Rigid food, beverage, and other household consumer product bottles and containers (e.g., tubs, bowls, cups, etc.) including packaging with plastics recycling symbols #1, #2, and #5 , plastic toys, drained motor oil bottles, flower and shrub containers, landscape edging, laundry baskets, plastic buckets and pails and clear plastic take-out (clam shell) containers. Metal: Beverage, food and pet food containers including aluminum cans, tinned- steel cans and aerosol cans; and other household scrap metal items (3 feet or smaller) such as pots, pans and silverware Milk cartons and juice boxes. Linens: Including clothes and shoes, placed in a sturdy, sealed plastic bag. Other materials: Items that from time to time are designated as recyclable by the City. This list of recyclable materials can be amended through negotiation between the City and its Recycling Contractor at any time within the duration of the term of the Agreement. Such negotiations must be reduced to a written amendment to this Agreement and duly executed before it shall go into effect Page 31 of 32 Workshop Packet Page Number 119 of 124 E1, Attachment 3 Appendix D Contractor’s Current Education Tag Page 32 of 32 Workshop Packet Page Number 120 of 124 E1, Attachment 3 Appendix E Recycling Price Schedule Page 33 of 32 Workshop Packet Page Number 121 of 124 E1, Attachment 3 Recyclable Service from SFDs and MFDs: ($ per dwelling unit per month) 7/1/2025 7/1/2026 through through Service 06/30/2026 6/30/2027 Centered Single Dwelling Units (SDU) $5.60 $5.95 Formatted: Centered Formatted: Multi-Dwelling Units (MDU) $5.60 $5.95 Centered Small Business and Church $5.60 $5.95 Formatted: (two 95-gallon carts collected once per week) ($ per Single Dwelling Unit per month) City-Supplied Recycling Carts Additional Pricing Schedule 1. Cart Manufacturer: If the City purchases carts through Rehrig, Tennis will drop the Single and Multi-Family Dwelling unit per month pricing by $0.10 for each year of the contract. 2. Cart Delivery Fee: If the City buys carts and the selected cart company delivers the wrong sizes to residents during the cart delivery period, there will be a $25.00 per household fee billed to the City to correct the error and deliver the accurate size requested. The cart delivery period to be established in the cart and dumpster distribution and management plan to be adopted within thirty (30) days of executing this Agreement. Contractor-Supplied Multi-Family Recycling Dumpsters Additional Pricing Schedule Tennis will purchase and manage recycling dumpsters for the Multi-Family Dwellings that would benefit from the collection of recyclables via a dumpster only if it is determined that there are twenty-one (21) units or more in the Multi-Family Dwelling. The pricing for this service as outlined in the Recyclable Services for Multi-Family Dwelling table outlined above. Small Business and Church Additional Pricing Schedule 1. City Supplied Recycling Carts: a. Proposed price per small business and church that opt into the City’s recycling program: 1) Two (2) - 95 gallon recycling carts collected once a week: a) 1/1/20 to 12/31/20 - $4.50 b) 1/1/21 to 12/31/21 - $4.75 c) 1/1/22 to 12/31/22 - $5.00 d) 1/1/23 to 12/31/23 - $5.25 e) 1/1/24 to 12/31/24 - $5.50 f) 1/1/25 to 06/30/25 - $5.75 Page 34 of 32 Workshop Packet Page Number 122 of 124 E1, Attachment 3 2) Each additional 95 gallon recycling cart after the first two carts as outlined above – cost is one-half the price as outlined in item 1.a.1. above. 3) If the City decides to purchase carts through Rehrig, Tennis will drop the small business and church pricing as outlined in item 1.a.1. above by $0.10 per month for each year of the contract. 2. Contractor Supplied Recycling Carts and Dumpsters: a. Proposed price per small business and church that opt into the City’s recycling program: 1) Two (2) - 95 gallon recycling carts collected once a week: a) 1/1/20 to 12/31/20 - $4.00 b) 1/1/21 to 12/31/21 - $4.25 c) 1/1/22 to 12/31/22 - $4.50 d) 1/1/23 to 12/31/23 - $4.75 e) 1/1/24 to 12/31/24 - $5.00 f) 1/1/25 to 06/30/25 - $5.25 2) Each additional 95 gallon recycling cart after the first two carts as outlined above – cost is one-half the price as outlined in item 2.a.1. above. 3) 2-yard, 4-yard, 6-yard or 8-yard recycling dumpster collected once a week: $45 per month for the term of the Agreement. On-Call Walk Up Service Additional Pricing Schedule Tennis will offer on-call walk up service to residents without physical limitations at a cost of $5.00 per incident. Residents must pre-order the walk-up service one day in advance and pre- pay via credit cart. The fee shall remain constant for the term of the Agreement. Page 35 of 32 Workshop Packet Page Number 123 of 124 E1, Attachment 4 Workshop Packet Page Number 124 of 124