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Home My WebLink About2024-09-09 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 09, 2024 City Hall, Council Chambers Meeting No. 18-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. August 26, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 General Election 3. Resolution Authorizing a Cooperative Construction Agreement with State of Minnesota Department of Transportation and Ramsey County, Trunk Highway 61 and Trunk Highway 5, City Project 22-19 4. Accela Software Subscription Renewal H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS 1. Resolution Adopting the 2025 Preliminary Property Tax Levy and Setting the 2025 Budget Public Hearing Date and Time J.NEW BUSINESS 1. Residential Trash and Recycling Contract Extension a. Republic Services’ Residential Trash, Bulky Item, and Yard Waste Contract Extension b.Tennis Sanitation’s Residential Recycling Contract Extension K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. 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. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 26, 2024 City Hall, Council Chambers Meeting No. 17-24 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:03p.m.byMayor Abrams. Mayor Abrams reflected on the winding down of summer events and the upcoming fall events and declaredwith the end of August,fall has arrived. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberLeemoved to approve the agenda as submitted. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.August 12, 2024 City CouncilMeeting Minutes CouncilmemberCavemoved to approve the August 12, 2024 City CouncilMeeting Minutes assubmitted. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.August16, 2024 City Council Special Meeting Minutes CouncilmemberJuenemannmoved to approve the August 16, 2024 City Council Special MeetingMinutes assubmitted. Seconded by CouncilmemberLeeAyes – All The motion passed. August 26, 2024 City Council Meeting Minutes 1 Council Packet Page Number 1 of 252 E1 F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerSablegave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations None 3.Strategic Plan Update for Second Quarter of 2024 Senior Administrative ManagerLois Knutson gave the presentation. vemoved accept the Strategic Plan Report for Second Quarter of CouncilmemberCa 2024. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 4.Resolution to Accept Maplewood Nature Center Bench Donation from the Smasal Family Public Works Director Love gave the staff report. CouncilmemberLeemoved to approve resolution accepting a donation in the amount of $1,292.78 from the Smasal family for a new bench with bronze plaque to be installed at the Maplewood Nature Center. Resolution 24-08-2343 RESOLUTION TO ACCEPT MAPLEWOOD NATURE CENTER BENCH DONATION FROM THE SMASAL FAMILY WHEREAS the City of Maplewood and the Public Works Department has received a donation of $1,292.78 for a park bench with bronze plaque from the Smasal family, NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Public Works Department to accept this donation Seconded by CouncilmemberJuenemann Ayes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be August 26, 2024 City Council Meeting Minutes 2 Council Packet Page Number 2 of 252 E1 taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G6 was highlighted. CouncilmemberLee moved toapprove agenda items G1-G6. Seconded by CouncilmemberCave Ayes – All Mayor Abrams pulled agenda item G2 for a separate vote Mayor Abrams moved toapprove agenda items G1 & G3-G6. Seconded by Councilmember Cave Ayes – All The motion passed. 1.Approval of Claims ed to approve the approval of claims. Mayor Abramsmov ACCOUNTS PAYABLE: $ 131,876.80 Checks # 121517 thru # 121554 dated 08/13/24 $ 250,332.49 Disbursements via debits to checking account dated 08/05/24 thru 08/18/24 $ 382,209.29 Total Accounts Payable PAYROLL $ 749,278.66 Payroll Checks and Direct Deposits dated 08/16/24 $ 749,278.66 Total Payroll $ 1,131,487.95 GRAND TOTAL Seconded by Councilmember CaveAyes – All The motion passed. 2.Conditional Use Permit Review, The American Cooperative on Lake Phalen, 1875 East Shore Drive August 26, 2024 City Council Meeting Minutes 3 Council Packet Page Number 3 of 252 E1 CouncilmemberCavemoved to approve theCUP review for The American Cooperative on Lake Phalen at 1875 East Shore Drive and review again in one year. Seconded by CouncilmemberJuenemann Ayes – Councilmember Cave Councilmember Juenemann Councilmember Lee Councilmember Villavicencio Abstain – Mayor Abrams The motion passed. 3.Conditional Use Permit Review, Justice Alan Page Elementary School, 2410 Holloway Avenue Mayor Abramsmoved to approve the CUP review for Justice Alan Page Elementary, located at 2410 Holloway Avenue, and review again in oneyear. Seconded by CouncilmemberCaveAyes – All The motion passed. 4.Conditional Use Permit Review, Maplewood Toyota Building Addition, 3001 Highway 61 Mayor Abrams moved toapprove theCUP review for Maplewood Toyota, located at 3001 Highway 61, and review again in one year. Seconded by Councilmember Cave Ayes – All The motion passed. 5.Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 23, 2024, 2024 Maplewood Street Improvements, City Project 23-08 Mayor Abramsmoved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the 2024 Maplewood Street Improvements, City Project 23-08. Resolution 24-08-2344 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerkand the City Engineer have, at the direction of the City Council, prepared an assessment roll for the 2024 Maplewood Street Improvements, City Project 23-08, and said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: rd 1.A hearing shall be held on the 23day of September 2024, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all August 26, 2024 City Council Meeting Minutes 4 Council Packet Page Number 4 of 252 E1 persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Cave Ayes – All The motion passed. 6.Sidewalk Cost Sharing Agreement, City Project 19-43 ed to approve the sidewalk cost sharing agreement with the Port Mayor Abramsmov Authority of the City of Saint Paul, and Ramsey County, City Project 19-43 and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember CaveAyes – All The motion passed. H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS 1.2025 Budget & CIP Discussion#2 Finance Director Rueb gave the presentation. City Manager Sable provided further information. Council discussed the agenda item and asked questions. Fire & EMS Chief Mondor answered questions of the council. No action required. 2.Gladstone Village II, 1880 English Street North a.Conditional Use Permit Resolution b.Design Review Resolution August 26, 2024 City Council Meeting Minutes 5 Council Packet Page Number 5 of 252 E1 Community Development Director Parr gave the presentation. Justin Fincher, Vice President of Development for JB Vang, addressed council and provided additional information. CouncilmemberLeemoved to approve the resolution for a conditional use permit approving a four-story, 56-unit multi-family apartment project to be constructed at 1880 English Street North. Resolution 24-08-2345 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Ashley Bisner, of JB Vang, has requested approval of a conditional use permit to permit a four-story multi-family building. 1.02The property is located at 1880 English Street North and is legally described as: PIN: 152922320077. The South 7 feet of Lot 7, and all of Lots 8, 9, 10, 11, and 12, Block 3, Gladstone, Ramsey County, Minnesota. Abstract Property Section 2. Standards. 2.01City Ordinance Section 44-512(4) requires a Conditional Use Permit for the exterior storage of goods or materials. 2.02General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that wouldbe dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. August 26, 2024 City Council Meeting Minutes 6 Council Packet Page Number 6 of 252 E1 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01The City conducted the following review when considering this conditional use permit request. 1.On July 16, 2024, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On August 12, 2024, the city council discussed this resolution and tabled the item until a future council meeting 3.On August 26, 2024, the city council continued its discussion on this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5.City Council 5.01The city council herebyapprovesthe resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved plans, date-stamped July 1, 2024. The director of community development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 3.The city council shall review this permit in one year. August 26, 2024 City Council Meeting Minutes 7 Council Packet Page Number 7 of 252 E1 4.A parking waiver of 40 spaces is approved. The project will provide 50 underground spaces and 22 surface spaces. If a parking shortage develops, the city council may require either the construction of additional parking spaces or the execution of shared parking agreements with The Juniper project at 1310 Frost Avenueand Borchert’s Meat Market at 1344 Frost Avenue – or a site within 1,000 feet of the project site. Seconded by Councilmember Juenemann Ayes – All The motion passed. CouncilmemberJuenemannmoved to approve the resolution for design review approving a four-story, 56-unit multi-family apartment project to be constructed at 1880 English Street North. Resolution 24-08-2346 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Ashley Bisner, of JB Vang, has requested approval of design review to construct a four-story multi-family building. 1.02The property is located at 1880 English Street North and is legally described as: PIN: 152922320077. The South 7 feet of Lot7, and all of Lots 8, 9, 10, 11, and 12, Block 3, Gladstone, Ramsey County, Minnesota. Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01City Ordinance Section 44-512(4) requires a Conditional Use Permit for the exterior storage of goods or materials. City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. August 26, 2024 City Council Meeting Minutes 8 Council Packet Page Number 8 of 252 E1 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3.City Action 3.01The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped July 1, 2024. Approval is subject to the applicant doing the following: 1.Obtain a conditional use permit from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All fire marshal and building official requirements must be met. 4.Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated July 9, 2024 5.Satisfy the requirements set forth in the environmental review authored by Shann Finwall, dated July 8, 2024 6.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 7.Rooftop vents and equipment shall be located out of view from all sides of the property. 8.Any identification or monument signs for the project must meet the city's mixed-use sign ordinance requirements and be designed to be consistent with the project's building materials and colors. 9.Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.A revised photometric plan that meets city code requirements. c. A revised landscaping plan that meets the city's tree replacement requirements or pay into the city's tree fund. d.Elevations of the proposed trash enclosure that meet ordinance requirements. August 26, 2024 City Council Meeting Minutes 9 Council Packet Page Number 9 of 252 E1 e.Executed Memorandum of Understanding with Borchert’s Meat Market for the potential future use of at least 13 parking spaces at 1344 Frost Avenue. 10.The applicant shall complete the following before occupying the building: a.Replace any property irons that were removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The City of Maplewood holds the above-required letter of credit or cash escrow for all required exterior improvements. If the building is occupied in the fall or winter, the owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year or within six weeks of occupancy if it is occupied in the spring or summer. 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Cave Ayes – All The motion passed. J.NEW BUSINESS None K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abrams adjourned the meeting at 8:16p.m. August 26, 2024 City Council Meeting Minutes 10 Council Packet Page Number 10 of 252 F1a CITY COUNCIL STAFF REPORT Meeting Date September 9, 2024 REPORT TO: City Council REPORT FROM: Michael Sable, City Manage r PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: September 23: Workshop: Purple Line Route Update September 23: Council Meeting: Commissioner Reappointments October 14: Workshop: Ramsey County EDA and Housing October 14: Council Meeting: Review of Applications for 2025 Charitable Gambling Funds October 15: Special EDA Meeting: Development Tour 4 pm October 28: Workshop: Commissioner Interviews Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Packet Page Number 11 of 252 F1a ЋЉЋЍ ağƆƚƩ /ƚƒƒǒƓźƷǤ hǒƷƩĻğĭŷ 9ǝĻƓƷƭ Friday Fireworks Friday, September 20 (Festivies start at 5 pm, Fireworks at 8 pm) IğǩĻƌǞƚƚķ Fire Department Open House Saturday, October 5 (Time TBD) bƚƩƷŷ CźƩĻ {ƷğƷźƚƓ Trunk or Treat Sunday, October 27 (1 - 4 pm) /źƷǤ Iğƌƌ tğƩƉźƓŭ \[ƚƷ Santa Parade Saturday, December 21 (9 am - 1 pm) /źƷǤ źķĻ 9ǝĻƓƷ Council Packet Page Number 12 of 252 G1 Council Packet Page Number 13 of 252 G1, Attachments Council Packet Page Number 14 of 252 G1, Attachments Council Packet Page Number 15 of 252 G1, Attachments Council Packet Page Number 16 of 252 G1, Attachments Council Packet Page Number 17 of 252 G1, Attachments Council Packet Page Number 18 of 252 G1, Attachments Council Packet Page Number 19 of 252 G1, Attachments Council Packet Page Number 20 of 252 G1, Attachments Council Packet Page Number 21 of 252 G1, Attachments Council Packet Page Number 22 of 252 G1, Attachments Council Packet Page Number 23 of 252 G2 CITY COUNCIL STAFF REPORT Meeting Date September 9, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 General Election Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality. Likewise, Minn. Stat. 203B.121 requires a ballot board be established to accept and reject absentee ballots. Appointments will be made from the resolution list to fill the needed positions after training and required paperwork have been completed. Recommended Action: Motion to approve the resolution listing election judges and establishing a ballot board for the 2024 General Election to be held on November 5, 2024. 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: Expenses reimbursed by the State Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Election judges serve to administer election duties as required by State Statute. Background: The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required. Attachments: 1. Resolution Appointing Election Judges and Establishing a Ballot Board, 2024 General Election Council Packet Page Number 24 of 252 G2, Attachment 1 Resolution 2024 GENERAL ELECTION APPOINTING ELECTION JUDGES AND ESTABLISHING A BALLOT BOARD WHEREAS, Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, it is required by Minn. Stat. 203B.121, Subd. 1 to establish a Ballot Board; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and NOW, THEREFORE, IT BE RESOLVED, by the City Council of Maplewood, Minnesota, a Ballot Board is hereby established that would consist of a sufficient number of election judges as provided in Minn. Stat. 204B.19 to 204B.22 to perform the task; and FURTHER, BE IT RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2024 General Election to be held on Tuesday, November 5, 2024 from the following list. Mark Acosta Jill Bruhn Beverly Davis Jason Demoe Tim Albertson Michelle Buettner Darrell Dippon Janice Allen Joan Bullivant Karen Anderson Thomas Campbell Albin Dittli Warren Anderson Lyla Campbell Rachel Dittli Catherine Dobihal Jill Arnold Andrea Campbell Rob Baas Kevin Campbell Michelle Doherty Paul Babin Lyls Campbell Rose Duffy Anne Cardents Gloria Dunshee Rosanne Bane Robert Cardinal John Eads Jodi Baron Wilma Battle Thomas Carey Brian Eager Allen Carlson Luann Eager Margaret Beauvais Linda Carpenter Kim Ebeling David Bedor Regan Beggs Colton Carpenter Delight Erickson Gail Biagini Larry Carson Cheryl Erler Cecelia Cathcart Gail Fellman Joyce Biagini Mary Catherine Margaret Fett Grace Blesener Margaret Bloemendal Denise Chamblee Bryan Fischer Han Choi Richard Fosse Eric Blomgren Mary Cincotta Judith Franey Jonathan Boyde Richard Brandon Karl Clothier Janine Frans Ginny Brandon Cheryl (Sheri) Commers Nick Franzen Alexis Craft-Cheney Dean Fritsche Paulette Briese Gordy Fritsche Tom Brockway Julia Cross Rachel Geiser Wayde Brooks Michelle Curtis Rozanne Czeck Eric Geurkink Matthew Brown Frederick Dahm Diane Golaski Stacey Brown Marilyn Grant Margaret Brudzinski David Davies Council Packet Page Number 25 of 252 G2, Attachment 1 Steven Larson Erika Nordin Alvin Grendzinski Rose Larson Diane Guenther D. William (Bill) O'Brien Mark Larson Daniel Gunard Robert O'Connor Nancy Hafner Shelly Larson Sharon Odlaug Karen Hansen Shelly Larson Katherine OHara Deborah Lee Lisa Hansford Keith Olson Mark Harris Dustin Lehrke Gina Ott Kathryn Hatlestad Louis Lentsch Susan Parnell Bob Leo Lisa Heille John Parnell Mary Ann Leo Jean Heininger Cheryl Pasquarella Mollie Helmeid Claudette Leonard Gina Pearson Ken Lewis Catherine Hennelly Faith Perrizo Joyce Libra William Hensley Marilyn Perry Eve Her Cassandra Ligammari Van Pham Gregory Herber Nancy Lindsey David Plathe Jimmy Lipps Gina Hermann Larry Podobinski Jimmy Lipps Harland Hess Nina Potter Elaine Hill Oscar Lopez Letona Portia Powell-Stringer Linda Lor Gary Hinnenkamp Thomas Proepper Stephen Loveless Pamela Hodges Shelly Putz Debra Hoffmann David Lowery Steve Putz Jeanette Hulet Lydia Lucas Sonja Quanbeck Cindy Lundgren Patrick Hull Michael Raymond Daniel Huneke Virginia Lynch Timothy Reddy Patricia Huth Jeri Mahr Patricia Reese Daniel Martin Raymond Huth Mary Ann Renner Steve Martinson Kathryn Jackson Robin Reno Christine Jacobson Linda Maxam Janell Repp Paula Mcallister Anita Jader Judy Reyer Bonnie Mccabe David Jahn Donna Richards Kathleen Jensen David Mccabe Ruth Richards Janet Mccanna Howard Johnston Emily Robertson Patrick Mcdonough Gwendolyn Jones Vincent Rodriguez Gerald Meissner Sharon Karalus Peter Rogers Curtis Merkle William Kempe Chris Rolli Lance Merritt Kathleen Rose Suzanne Kienietz Dorcas Michaelson Teresa Rossbach Kristine King Mervin Miller Judy Kipka Monica Roth Day Molly Miller Cynthia Rowley Kevin Kittridge John Mitchell Paul Rupp Peggy Kleiter Phyllis Moen Stephanie Kloeber David Rydeen Dallas Moen Julianne Knapp Kathy Sabota Vyas Mohan Deborah Samac Jason Knutson V Mohan Patricia Sample Lois Knutson Eugene Morisset Richard Korinek Thomas Schaefer Carol Koskinen Maryann Schaefer Jessica Moss Robert Kraemer William Schmidt Yeeleng Moua John Krebsbach James Munoz Duane Schmitz Sarah Kroening Karla Nelson Kurt Schnapp Robert Kronschnobel Jen Schorr Monica Nelson-Thiele Jackie Kwapick Caroline Nentwig Brigid Schreier Tom Labarre Miranda Nichols Margaret Schreier Louis Lacasse Ray Schulte Ann Norberg Patricia Landers Patricia Selby Patti Nord Courtney Larsen James Nordby Jill Shortreed Council Packet Page Number 26 of 252 G2, Attachment 1 Beth Supinski Mary Wendt Vicki Simms Delaney Skaar Sheli Telschow Theresa Westcott Susan Skaar Lynn Thoele Jacob Westendorp Tyler Slind Christine Tkachuck-Martinson John Wheeler Margaret Smith Arliene Tourville Lynn Wiggert Florence Sprague Micki Tschida Patricia Williamson Tim Stafki Jeannine Unklesbay Paula Willie Heide Stallinga-Rought Carolyn Urbanski Sharon Willson Judith Steenberg Ronald Virnala Mee Yang Xiong James Stemper Melissa Walker Blong Yang Heidi Storm Rosie Wall Diana Yefanova Cindy Yorkovich (Mary) Linnea Strandness Alison Walsh Matt Young Penny Streifel Jeanette Walsh Dianne Stroth Dahm Tim Walstrom Frank Zacher Mary Sturm Julie Wasiluk Paul Zollinger Karen Zummallen Diane Suchy Gayle Wasmundt Council Packet Page Number 27 of 252 G3 CITY COUNCIL STAFF REPORT Meeting Date September 9, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer PRESENTER: Jon Jarosch, Assistant City Engineer AGENDA ITEM: Resolution Authorizing a Cooperative Construction Agreement with State of Minnesota Department of Transportation and Ramsey County, Trunk Highway 61 and Trunk Highway 5, City Project 22-19 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Minnesota Department of Transportation (MnDOT) is leading a street improvement project on th Trunk Highway 61 (Arcade Street) and Trunk Highway 5 (East 7 Street). The proposed project includes road resurfacing, pedestrian improvements, ADA upgrades, and traffic signal improvements. The City Council will consider entering into a cooperative construction agreement with MnDOT and Ramsey County for costs related to traffic signal improvements that are proposed as part of MnDOT’s street improvement project. This agreement covers the responsibilities and cost share for MnDOT, Ramsey County, and the City of Maplewood. Recommended Action: Motion to approve the attached resolution authorizing the ity to enter into a cooperative construction agreement with the State of Minnesota Department of of Transportation and Ramsey County, City Project 22-19 and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $7,632.36 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The estimated total cost for the design and construction of the improvements to the traffic signal at the intersection of Trunk Highway 61 and Parkway Drive is $59,468.00. The City of Maplewood’s estimated cost share is $16,056.36. Federal RAISE funds are anticipated to cover $8,424.00 of Maplewood’s cost share and funds from the Street Light Utility Fund will be used to cover the remaining $7,632.36. Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Council Packet Page Number 28 of 252 G3 The proposed cooperative construction agreements covers the maintenance and cost share responsibilities for MnDOT, Ramsey County, and the City of Maplewood for improvements and maintenance of the traffic control signal located at intersection of Trunk Highway 61 and Parkway Drive. Background MnDOT is leading a street improvement project on Trunk Highway 61 (Arcade Street) and Trunk Highway 5 (East 7th Street). The proposed project includes road resurfacing, pedestrian improvements, ADA upgrades, and traffic signal improvements. As part of MnDOT’s project the traffic signal at the intersection of Trunk Highway 61 and Parkway Drive will be updated. MnDOT, Ramsey County, and Maplewood all maintain at least one leg of this intersection. The estimated total project cost for the updating of the traffic signal at the intersection of Trunk Highway 61 and Parkway Drive, including design and construction, is $59,468.00. Maplewood’s estimated cost share amount is $16,056.36. Maplewood’s cost share will be funding by Federal RAISE funds ($8,424.00) and Street Light Untility Funds ($7,632.36). Maintenance responsibilities remain the same for the new signal as the existing signal with Maplewood being responsible for supplying power and for minor maintenance of street light portion of the traffic signal. The City Attorney has reviewed the attached cooperative construction agreement for the upgrade and maintenance of the traffic control signal systems at the intersection of Trunk Highway 61. Staff recommends approving the attached agreement with MnDOT and Ramsey County. Attachments 1.Resolution of Authorization to Enter Into a Cooperative Construction Agreement 2.State of Minnesota Department of Transportation and Ramsey County and City of Maplewood Cooperative Construction Agreement Council Packet Page Number 29 of 252 G3, Attachment 1 CITY OF MAPLEWOOD RESOLUTION AUTHORIZATION TO ENTER INTO A COOPERATIVE CONSTRUCTION AGREEMENT MnDOT CONTRACT NO. 1056892 BE IT RESOLVED, that the City of Maplewood enter into MnDOT Cooperative Construction Agreement, MnDOT Contract No. 1056892, with the State of Minnesota Department of Transportation and Ramsey County for the following purposes: To provide the payment by the City to the State of the City’s share of the costs of the Signal System R Construction and other associated construction to be performed upon, and along, and adjacent to Trunk Highway 61 (Arcade Street) from Trunk Highway 5 to 5500 feet north of Frost Avenue within the corporate City limits under State Project 138-010-023 and State Project 6221 107 (TH 61=102). NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of Maplewood, Minnesota that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. th Approved this 9 day of September 2024. Council Packet Page Number 30 of 252 G3, Attachment 2 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND RAMSEY COUNTY AND CITY OF MAPLEWOOD COOPERATIVE CONSTRUCTION AGREEMENT State Project Number: 6221-107 Total County Obligation Trunk Highway Number: 61=102 $113,704.16 State Project Number: 6228-69 Anticipated Federal RAISE Funds Trunk Highway Number: 5=102 $59,960.00 State Project Number: 062-627-007 County Non-Federal RAISE Funds State Project Number: 138-010-023 $53,744.16 State Project Number: 164-010-089 Federal Project Number: PRO-RAISE-CRP 6225(007) Signal System O ID: 1736797 Total City Obligation Signal System R ID: 1735484 $16,056.36 Anticipated Federal RAISE Funds $7,800.00 City Non-Federal RAISE Funds $8,256.36 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), Ramsey County, acting through its Board of Commissioners ("County"), and the City of Maplewood, acting through its City Council ("City"). Recitals 1.The State will perform grading, bituminous milling and surfacing, ADA improvements, signals, and lighting construction and other associated construction upon, along, and adjacent to Trunk Highway (TH) 5 (East Seventh Street) from 300 feet west of Olive Street to East Minnehaha Avenue and upon, along, and adjacent to TH 61 (Arcade Street) from TH 5 to 550 feet north of Frost Avenue according to State prepared plans, specifications, and special provisions designated by the County and the State as SP 062-627-007, by the City and the State as State Project (SP) 138-010-023, and by the State as SP 6221 107 (TH 61=102) ("Project"); and 2.The County will participate in the costs of the Signal System O and Signal System R construction and associated construction engineering; and 3.The City will participate in the costs of the Signal System R construction and associated construction engineering; and 4.The federally eligible County and City participation construction will be reduced by the amount of federal RAISE funding received for said construction; and Council Packet Page Number 31 of 252 G3, Attachment 2 5. Agreement 1055887 between the State and the City of Saint Paul will address cost and maintenance responsibilities not covered under this Agreement; and 6. Agreement 1057134 between the State and the County and Agreement 1057135 between the State and the City of Saint Paul will address the Project's detour; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 10. Liability; Worker Compensation Claims; 12. State Audits; 13. Government Data Practices; 15. Governing Law; Jurisdiction; Venue; and 17. Force Majeure. The terms and conditions set forth in Article 3. Signal Systems and EVP System Operation and Maintenance will survive the expiration of this Agreement but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as SP 6221-107 (TH 61=102) are on file in the office of the Commissioner of Transportation at Saint Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the County Engineer, in the office of the City Public Works Director, and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the County and the City. The County and City participation construction covered under this Agreement will be open to inspection by the County and the City. If the County or the City believes the County or the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the County or the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the County or the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the County and City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. Council Packet Page Number 32 of 252 G3, Attachment 2 A.The State will make changes in the Project Plans and contract construction, which may include the County and the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate County and City officials of any proposed addenda and change orders to the construction contract that will affect the County and City participation construction covered under this Agreement. B.The County or the City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Utility Adjustments. Adjustments to certain County and City-owned facilities, including but not limited to valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The County and City will furnish the contractor with new units and/or parts for those in-place County or City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3.Signal Systems and EVP Systems Operation and Maintenance All operation and maintenance terms, including timing and power provisions, for Signal System and Emergency Vehicle Preemption (EVP) System O, located at TH 61 and County State Aid Highway 31 (Maryland Avenue), and the Interconnect on TH 61 from Wheelock Parkway to TH 5, will be covered under Agreement 1055887. Operation and maintenance responsibilities will be as follows for Signal System R on TH 61 at County State Aid Highway 30 (Parkway Drive)/Frost Avenue and for the Interconnect. 3.1. City Responsibilities A.Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. B.Minor Signal System Maintenance. The City will provide for the following, without cost to the State and the County. i.Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii.Relamp the street lights. iii.Clean the Signal System poles and the exterior of the luminaire mast arm extensions. iv.Paint and maintain the cross-street pedestrian crosswalk markings. 3.2. County Responsibilities A.Minor Signal System Maintenance. The County will provide for the following, without cost to the State and the City. Council Packet Page Number 33 of 252 G3, Attachment 2 i. Replace the Signal System(s) LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. ii. Clean the Signal System controller cabinet and service cabinet exteriors. 3.3. State Responsibilities A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the City or the County. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City and the County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City and County receive written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 3.4. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 3.5. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement 92564, dated September 22, 2008, between the parties for the intersection of TH 61 at County State Aid Highway 30 (Parkway Drive)/Frost Avenue. 4. Basis of County Cost 4.1. Schedule "I". The Preliminary Schedule "I" includes anticipated County participation construction items, City of Saint Paul Furnished Materials and State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement and is based on engineer's estimated unit prices. 4.2. County Participation Construction. The County will participate in the following at the percentages indicated. It is anticipated that federal RAISE funding will be available to the County as defined below. The County may be billed for the match of their cost participation as shown on the Schedule "I". County costs will include an amount equal to all anticipated federal RAISE funding not applied to the federally eligible County participation construction A. 10 Percent will be the County's rate of cost participation in matching federal RAISE funds for all of the Signal System O construction. Federal RAISE funds will be applied at a rate of 80 percent. The Federal RAISE funds may be modified at the time of award. Council Packet Page Number 34 of 252 G3, Attachment 2 B. 5 Percent will be the County's rate of cost participation in matching federal RAISE funds for all of the Signal System R construction. Federal RAISE funds will be applied at a rate of 80 percent. The Federal RAISE funds may be modified at the time of award. 4.3. City of Saint Paul Furnished Materials. The City of Saint Paul will furnish a cabinet, cabinet buildup labor, cabinet base, EVP detectors, an ethernet switch, and polimods ("City Furnished Materials"), according to the Project Plans, to operate Traffic Control Signal System O. The County's lump sum share for City Furnished Materials is $25,214.63. The County's cost share for City Furnished Materials will be added to the County's total construction cost share as shown in the Schedule "I." The State's lump sum share for City Furnished Materials is $25,214.63. The total lump sum cost for City Furnished Materials is $50,429.26. The State will pay the City of Saint Paul the total lump sum cost for City Furnished Materials under Agreement 1055887. 4.4. State Furnished Materials. The State will furnish a video detection camera and video detection comms manager ("State Furnished Materials"), according to the Project Plans, to operate Traffic Control Signal System R. The County's lump sum share for State Furnished Materials is $5,117.00. The County's cost share for State Furnished Materials will be added to the County's total construction cost share as shown in the Schedule "I." 4.5. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent of the total County participation construction covered under this Agreement. 4.6. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract addenda and change orders that are necessary to complete the County participation construction covered under this Agreement, including any County requested additional work and plan changes. The State reserves the right to invoice the County for the cost of any additional County requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 4.7. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 5. County Cost and Payment by the County 5.1. County Cost. $113,704.16 is the County's estimated share of the costs of the contract construction, including City of Saint Paul Furnished Materials, State Furnished Materials, and the construction engineering cost share as shown in the Preliminary Schedule "I." The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 5.2. Conditions of Payment. The County will pay the State the County's total estimated construction and construction engineering cost share, minus anticipated federal RAISE funds, as shown in the Revised Schedule "I," after the following conditions have been met: A. Execution of this Agreement and transmittal to the County, including a copy of the Revised Schedule "I." B. The County's receipt of a written request from the State for the advancement of funds. Council Packet Page Number 35 of 252 G3, Attachment 2 5.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the amount due from the County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the County as to the satisfactory completion of the contract construction. 5.4. Final Payment by the County. Upon completion of all contract construction and upon computation of the final amount due the State's contractor and determination by the Federal Highway Administration of the amount of its reimbursement to the State, the State will prepare a Final Schedule "I" and submit a copy to the County. The Final Schedule "I" will be based on final quantities and include all County participation construction items and the construction engineering cost share covered under this Agreement. The Final Schedule "I" may also include County costs in an amount equal to all federal RAISE funding not applied to the federally eligible County participation construction, State Furnished Materials, and associated construction engineering. If the final cost of the County participation construction exceeds the amount of funds advanced by the County, the County will pay the difference to the State without interest. If the final cost of the County participation construction is less than the amount of funds advanced by the County, the State will refund the difference to the County without interest. The State and the County waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 6. Basis of City Cost 6.1. Schedule "I". The Preliminary Schedule "I" includes anticipated City participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement and is based on engineer's estimated unit prices. 6.2. City Participation Construction. The City will participate in the following at the percentages indicated. A. 5 Percent will be the City's rate of cost participation in all of the Signal System R construction. Federal RAISE funds will be applied at a rate of 80 percent. The Federal RAISE funds may be modified at the time of award. 6.3. State Furnished Materials. The State will furnish a video detection camera and video detection comms manager ("State Furnished Materials"), according to the Project Plans, to operate Traffic Control Signal System R. The City's lump sum share for State Furnished Materials is $5,117.00. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I." 6.4. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. 6.5. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 6.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. Council Packet Page Number 36 of 252 G3, Attachment 2 7. City Cost and Payment by the City 7.1. City Cost. $16,056.36 is the City's estimated share of the costs of the contract construction, State Furnished Materials, and the construction engineering cost share as shown in the Preliminary Schedule "I." The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 7.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I," after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I." B. The City's receipt of a written request from the State for the advancement of funds. 7.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 7.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 8. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 8.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155 Telephone: (651) 366-4634 Email: malaki.ruranika@state.mn.us 8.2. The County's Authorized Representative will be: Name, Title: Brad Estochen, County Engineer (or successor) Address: 1425 Kirkwood Drive, Arden Hills, MN 55112 Telephone: (651) 266-7120 Email: bradley.estochen@co.ramsey.mn.us Council Packet Page Number 37 of 252 G3, Attachment 2 8.3. The City's Authorized Representative will be: Name, Title: Steve Love, Public Works Director (or successor) Address: 1830 County Road B E, Maplewood, MN 55109 Telephone: (651) 249-2404 Email: steve.love@maplewoodmn.gov 9. Assignment; Amendments; Waiver; Contract Complete 9.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the County or the City from contracting with a third-party to perform City or County maintenance responsibilities covered under this Agreement. 9.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City, and the County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Liability; Worker Compensation Claims 10.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the County and the City. 10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 12. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 13. Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the County and the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, the County, or the State. Council Packet Page Number 38 of 252 G3, Attachment 2 14. Telecommunications Certification By signing this Agreement, the County and the City certify that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, the County and the City will not use funding covered by this Agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. The County and the City will include this certification as a flow down clause in any contract related to this Agreement. 15. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 16. Termination; Suspension 16.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 16.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the County and the City. 16.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 17. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. (The remainder of this page has been intentionally left blank.) Council Packet Page Number 39 of 252 G3, Attachment 2 RAMSEY COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: (Ramsey County Manager) Date: Approval recommended: By: (Brad Estochen, County Engineer) Date: Approved to as form: By: (Kathleen Ritter, Assistant County Attorney) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Council Packet Page Number 40 of 252 G3, Attachment 2 CITY OF MAPLEWOOD DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: COMMISSIONER OF ADMINISTRATION Date: By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Council Packet Page Number 41 of 252 G3, Attachment 2 A $8,256.36 ($7,800.00) 105,281.63$53,744.16$16,056.36 ($59,960.00) $113,704.16 TOTALSTOTALS Preliminary: August 19, 2024 5,117.005,117.00 t) from 300 feet west of Olive Street to East Minnehaha act ____ with ____ - 1 - Federal RAISEFederal RAISE Match100% County FundsCOUNTYFederal RAISEFederal RAISE Match100% City FundsCITY Agreement 1056892 CITY COST PARTICIPATION COUNTY COST PARTICIPATION PRELIMINARY SCHEDULE "I" Ramsey County and City of Maplewood Signal System O Work Items From Sheet 252,160.0013,040.00Signal System R Work Items From Sheet 27,800.001,950.00Construction Subtotals59,960.0014,990.0030,331.63Anticipated Total County Construction CostsConstruction Engineering (8%)1,199.207,223.33Construction + Construction Engineering Subtotals59,960.0016,189.2037,554.96 Total County Obligation Minus Anticipated Federal RAISE Funds Signal System R Work Items From Sheet 27,800.001,950.00Construction Engineering (8%)156.001,033.36Construction + Construction Engineering Subtotals7,800.002,106.006,150.36 Total City Cost (9) (1)City of Saint Paul Furnished Materials From Sheet 325,214.63(2)State Furnished Materials From Sheet 3(3)Total County Obligation(4)Total Anticipated Federal RAISE Funds(5)(6)State Furnished Materials From Sheet 3(7)Total City Obligation(8)Total Anticipated Federal RAISE Funds (1) Lump sum amount to be paid to the City of Saint Paul under Agreement 1055887 as described in Article 4.3 of this Agreement (2) Lump sum amount as described in Article 4.4 of the Agreement(3) Amount of total County obligation as described in Article 5 of the Agreement (estimated amount)(4) Federal RAISE funds may be modified upon award as described in Article 4 of the Agreement(5) Amount of advance payment as described in Article 5 of the Agreement (estimated amount)(6) Lump sum amount as described in Article 6.3 of the Agreement(7) Amount of total County obligation as described in Article 7 of the Agreement (estimated amount)(8) Federal RAISE funds may be modified upon award as described in Article 6 of the Agreement(9) Amount of advance payment as described in Article 7 of the Agreement (estimated amount) SP 6221-107 (TH 61=102), SP 6228-69 (TH 5=102)SP 062-627-007, SP 138-010-023Federal Project PRO-RAISE-CRP 6225(007)Grading, bituminous milling and surfacing, ADA improvements, signals, and lighting construction located on TH 5 (East 7th Streeand on TH 61 (Arcade Steet) from TH 5 to 550 feet north of Frost Avenue to start approximately April 1, 2025, under State Contr Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Council Packet Page Number 42 of 252 G3, Attachment 2 (1)(2) 1056892 TOTAL130,400.00TOTAL39,000.00 - 2 - 80% FEDERAL RAISE104,320.0010% STATE13,040.00 10% COUNTY13,040.00Match to the County share of the federal RAISE funds$13,040.00 80% FEDERAL RAISE31,200.0010% STATE3,900.00 5% COUNTY1,950.005% CITY1,950.00Match to the County share of the federal RAISE funds$1,950.00Match to the City share of the federal RAISE funds$1,950.00 *1/2 of federal RAISE funds are available for the County share$52,160.00 *1/4 of federal RAISE funds are available for the County share$7,800.00 +1/4 of federal RAISE funds are available for the City share$7,800.00 *(1) *+(2) SP 6221-107, SP 062-627-007, SP 138-010-023UNITQUANTITYUNIT PRICECOST (1) 80% FEDERAL RAISE, 10% STATE, 10% COUNTY FUNDS(2) 80% FEDERAL RAISE, 10% STATE, 5% COUNTY, 5% CITY FUNDS Data is considered Non-public prior to project award under theMinnesota Government Data Practices Act, Minnesota Statutes Chapter 13. ITEMSP 6221-107, SP 062-627-007UNITQUANTITYUNIT PRICECOSTITEM 2565.501EMERGENCY VEHICLE PREEMPTION SYSTEM OLUMP SUM1.003,400.003,400.002565.616REVISE SIGNAL SYSTEM OSYSTEM1.00127,000.00127,000.002565.616REVISE SIGNAL SYSTEM RSYSTEM1.0039,000.0039,000.00 NUMBERWORK ITEM NUMBERWORK ITEM Council Packet Page Number 43 of 252 G3, Attachment 2 688.82 5,200.001,155.922,387.202,113.124,700.00 50,429.26 20,468.00 (3)(4) 1056892 65.00 596.80 344.41 1,155.922,113.127,884.0015,768.004,700.00 TOTALTOTAL 1.0038,884.2038,884.201.004.001.002.002.001.00 80.00 5,117.005,117.00 25,214.6325,214.63 10,234.00 UNITQUANTITYUNIT PRICECOSTUNITQUANTITYUNIT PRICECOST HOUREACHEACHEACHEACHEACH EACHEACH -3 - 50% COUNTY 50% STATE 25% COUNTY25% CITY (3)50% STATE(4) SP 6221-107, SP 062-627-007 *** LUMP SUM AMOUNT *** SP 062-267-007, SP 138-010-023*** LUMP SUM AMOUNT *** STATE FURNISHED MATERIALS - SIGNAL SYSTEM R (3)50% STATE, 50% COUNTY FUNDSCABINET BUILDUP LABOR332D CABINETCABINET BASE, 332D PB40582116B24EVP DETECTOR 721ETHERNET SWITCH WITH 2 SPF'SPOLIMOD(4)50% STATE, 25% COUNTY, 25% CITY FUNDSVIDEO DETECTION CAMERAVIDEO DETECTION COMMS MANAGER Data is considered Non-public prior to project award under theMinnesota Government Data Practices Act, Minnesota Statutes Chapter 13. ITEM ITEM NUMBERCITY OF SAINT PAUL FURNISHED MATERIALS - SIGNAL SYSTEM ONUMBER Council Packet Page Number 44 of 252 G3, Attachment 2 RAMSEY COUNTY RESOLUTION IT IS RESOLVED that Ramsey Countyenter into MnDOT Agreement 1056892with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the Signal System O and Signal System R construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway 61 (Arcade Street) from Trunk Highway 5 to 550 feet north of Frost Avenue under State Project 062-627- 007 and State Project 6221 107 (TH 61=102). The County Manager is authorized to execute the Agreement and any amendments to the Agreement pursuant to Ramsey County Board of Commissioners Resolution B2024-038 dated February 27, 2024. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Ramsey County at an authorized meeting held on the ____________ day of , 2024, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this (Signature) day of , 2024 (Type or Print Name) Notary Public My Commission Expires (Title) Council Packet Page Number 45 of 252 G3, Attachment 2 !"#$ %"&&'(( )&*+, !"#$#%&&'((')*!( -./0$ 1.2&3 45 67 897889:766 +*(,-.') )767;96<= /0)(!1#12>&/? !'@A#2**.')3#4 .*1 7B7CB767; 5'.,*1 767; 9 767= D@.0#E'@$.$/'0 FGE@'*"G"0$ 1@'(@.G 6',*#7-&8*!1 767;96;; 9:3!-)"# )"#+ .') ,*1 D' H2.&/IJ I'@ #$.$" .0+ I"+"@.& I20+/0( .0+ $' E@'?""+ K/$L ?'0#$@2?$/'0 E@'M"?$#3 $L" N.G#"J O'20$J )'.@+ 'I O'GG/##/'0"@# G2#$ .EE@'*" $L" 12>&/? !'@A# 9J".@ D@.0#E'@$.$/'0 FGE@'*"G"0$ 1@'(@.G PDF1Q, DL" DF1 /# . 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The renewal of this subscription ensures they continue to have access to the application to perform their duties. Last year the City Council approved a 5-year agreement to secure pricing and to take advantage of yearly cost savings. Please note that we continue to pay for our subscription on an annual basis but we guaranteed pricing by affirming to a 5-year agreement. This agenda item is to approve the payment for year 3 of 5. Recommended Action: Motion to approve the Accela software subscription renewal payment. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $66,262.56. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. As stated above, the timely renewal of the Accela software subscription ensures that the application remains available to staff. Background The City has chosen Accela to replace many of the core functions that have historically been done through Eden Systems. Community Development, Licensing, Public Works and others all have users who perform work with Accela. Accela utilizes a subscription licensing model and this item is to approve the 3rd year of a 5-year (2022 – 2027) subscription for staff. Attachments 1. Accela invoice Council Packet Page Number 49 of 252 G4, Attachment 1 Jowpjdf!$JOW.BDD71388 Jowpjdf!Ebuf903903135 Bddfmb!Jod/ Jowpjdf!Evf!Ebuf:03803135 :221!Bmdptub!Cmwe Jowpjdf!DvssfodzVTE Tuf!I!$4141 Ufsn!Tubsu!Ebuf:03303133 Tbo!Sbnpo!DB!:5694 Ufsn!Foe!Ebuf:03203138 Pqfo!Bjs!$ Qbhf2!pg!2 Cjmm!Up;Tijq!Up; Nbqmfxppe!Dpnnvojuz!Efwfmpqnfou-!NO Nbqmfxppe!Dpnnvojuz!Efwfmpqnfou-!NO 2941!Dpvouz!Spbe!C!F 2941!Dpvouz!Spbe!C!F Nbqmfxppe!NO!6621: Nbqmfxppe!NO!6621: R.37949<!Sfofxbm!Ufsnt;!1:03303135!.!1:03203136 Qvsdibtf!Psefs!Op/Dvtupnfs!JETbmft!PsefsQbznfou!Ufsnt 85237!Nbqmfxppe-!NO!.!Djuz!pg!;!Nbqmfxppe!TP.BDD2:632Ofu!41 Dpnnvojuz!Efwfmpqnfou-!NO Jufn!OvncfsEftdsjqujpoRvboujuzFyu/!Qsjdf BTBddfmb!Djuj{fo!Bddftt!.!Tvctdsjqujpo!Qpqvmbujpo %1/11 2 TTBddfmb!Djwjd!Qmbugpsn!.!Tvctdsjqujpo!Vtfs %77-373/67 36 Zfbs!4;!1:03303135!.!1:03203136 Tvcupubm%77-373/67 Usbef!Ejtdpvou Uby%1/11 Upubm!Jowpjdf!Bnpvou!VTE%77-373/67 Cbmbodf!Evf!VTE%77-373/67 Qmfbtf!ejsfdu!jorvjsjft!up;Sfnju!Up;Xjsjoh!Jotusvdujpot Bddpvout!Sfdfjwbcmf!Efqu/!bu!):36*!76:.4386Bddfmb!Jod/Xfmmt!Gbshp!Cbol Tfoe!bo!fnbjm!up;!bddpvoutsfdfjwbcmfAbddfmb/dpnQ/P/!Cpy!3193:9Gps!dsfeju!up;!Bddfmb!Jod/ Ebmmbt-!UY!86431.93:9Bddpvou;!523.2876618 Bddfmb!UBY!JE;!:5.387.8789BCB;!232111359 Council Packet Page Number 50 of 252 I1 CITY COUNCIL WORKSHOP STAFF REPORT Meeting Date September 9, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM:Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Resolution Adopting the 2025Preliminary Property Tax Levy and Setting the 2025Budget Public Hearing Date and Time Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: State law requires that cities certify their proposed property tax levies to the county auditor by September 30. Once certified, the proposed tax levy cannot be increased, but may be reduced. The Proposed 2025 Budget requires a City tax levy of $31,823,656. The 2025 proposed tax levy represents a 12.49% increase over the 2024 final tax levy. Due to changes in the fiscal disparities distribution and a change in the homestead market value exclusion calculation, the City median value home’s annual property tax decreased by approximately $83. By adopting the attached resolution, the City Council is establishing the maximum levy that it is willing to consider. ction: Recommended A Motion to adopt the resolution setting a preliminary tax levy for taxes payable in 2025 of $31,823,656, and setting the 2025 budget hearing for December 9, 2024 at 7:00 PM. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $31,823,656 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 budget and property tax levy intersects with all areas of the strategic plan. Background: The City Council held two budget discussions in August with City staff. Background information is included below for Council consideration. Council Packet Page Number 51 of 252 I1 Proposed Property Tax Levy for Taxes Payable in 2025 The proposed preliminary levy contains a $3,533,699, or 12.49%, increase over the prior year levy as follows: Preliminary$ IncreaseLevy Adopted Fund2024 Levy 2025 Levy(Decrease)Impact General Fund$ 21,374,832$ 23,338,678$ 1,963,8466.94% Debt Service Funds 4,925,091 5,029,752 104,6610.37% EDA Fund - - - 0.00% Capital Project Funds 1,614,000 1,286,000 (328,000)-1.16% Ambulance Fund - Operations 376,034 1,779,226 1,403,1924.96% Ambulance Fund - Capital - 390,000 390,0001.38% Total Levy$ 28,289,957$ 31,823,656$ 3,533,69912.49% The property tax impact of the proposed preliminary levy is estimated below. The median value home will realize an approximate $189, or 13.7%, increase in City taxes for taxes payable in 2025. Taxable Market Market Market City Tax $ City Tax $ Value for Value for Value for Amount Amount $ Increase % Increase Pay 2024Pay 2025Pay 202520242025(Decrease)(Decrease) 150,000 155,850 123,350 542 594 529.7% 200,000 207,800 180,000 776 866 9011.6% 250,000 259,750 236,550 1,010 1,138 12812.7% 327,900 340,800 324,900 1,374 1,563 18913.7% 400,000 415,600 406,500 1,712 1,956 24414.2% The significant factors relating to the levy increase are: General Fund Payroll Increases 1,924,340 Increase in MCC Capital Fund 20,000 Increase in Contracted Services 270,040 Increase in Debt Service 104,661 Increase in Ambulance Fund Operations 1,403,192 Increase in Supplies/Commodities 38,900 Increase in Internal Charges 192,556 Add Funding for Ambulance Fund Capital 390,000 Decrease in Capital Project Funds (348,000) Increase in Transfers-In from Utility Funds (135,950) Increase in Revenue (326,040) Total Increase 3,533,699 Council Packet Page Number 52 of 252 I1 Trend Analysis of Components of the Property Tax Calculation Property taxes are influenced by four primary factors, as discussed below. Tax Levy – The City tax levy proposed for 2025 and the previous six years of levies are as follows: 2019202020212022202320242025 22,109,60023,217,300 23,217,300 24,369,853 25,963,885 28,289,95731,823,656 3.0% 5.0% 0.0% 5.0% 6.5% 9.0% 12.49% Since 2019, with the adoption of the 2025 preliminary levy, the City tax levy has increased $9.7M, or 43.94%, with the average annual city tax levy increase over the same period being 5.86%. Tax Rate – City’s tax rate will increase by 12.07% with the 2025 preliminary tax levy. The table below illustrates the City’s tax capacity history for the preliminary 2025 year and the previous six years. 2019 2020 2021 2022 2023 2024 2025 44.693% 44.646%41.953% 43.662%40.548%42.926%48.107% -2.65% -0.11% -6.03%4.07% -7.13%5.86% 12.07% With the adoption of the preliminary 2025 tax levy, the City’s tax rate will be 3.414% higher than it was in 2019. The average increase over this period is 0.87%, inclusive of the decreases in 2019, 2020, 2021, and 2023. Tax Capacity - Growth in the tax base affects City taxes. The following table illustrates the City’s tax capacity amount for the 2025 preliminary year and the last six years: 2019 2020 2021 2022 2023 2024 2025 42,052,65144,235,214 47,124,474 47,714,001 54,936,998 57,587,95957,332,288 6.47% 5.19% 6.53% 1.25% 15.14%4.83% -0.44% The City’s tax capacity has increased 36.3% in total since 2019, with the average annual increase being 5.57% over the period. Fiscal Disparities – Fiscal disparities funding provides relief to City taxpayers, through a system of shared commercial-industrial tax base in the metro area. The table below shows the amounts of fiscal disparities gained or lost by the City for taxes payable in 2025 and the six years prior. 20192020 2021 20222023 20242025 3,045,7303,193,463 3,447,368 3,536,772 3,688,056 3,569,706 4,242,844 -0.22% 4.85% 7.95% 2.59% 4.28% -3.21% 18.86% The City’s fiscal disparities distribution amount has increased 39.3% since 2019, or an average of 5% per year over the period. The fiscal disparities distribution is subtracted from the City’s certified levy at the County level before property taxes are calculated. Attachments: 1. Resolution Adopting the 2025 Preliminary Property Tax Levy and Setting the 2025 Budget Public Hearing Date and Time 2. PowerPoint Council Packet Page Number 53 of 252 I1, Attachment 1 RESOLUTION ADOPTING THE 2025 PRELIMINARY PROPERTY TAX LEVY AND SETTING THE 2025 BUDGET PUBLIC HEARING DATE AND TIME WHEREAS, State law requires that the City Council adopt a proposed property tax levy for taxes payable in 2025 by September 30, 2024; and WHEREAS, the City Council has reviewed the proposed 2025 Budget and has determined the amount of the proposed tax levy payable in 2025, which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT: 1.The proposed tax levy for taxes payable in 2025, in the amount of $31,823,656is hereby adopted and shall be certified to the Ramsey County Auditor as follows: General Fund $ 23,338,678 Debt Service Funds $ 5,029,752 Capital Improvement Fund $ 321,000 Public Safety Equipment Fund$ 410,000 Building and Facilities Fund $ 315,000 Ambulance Fund $ 1,779,226 Ambulance Fund $ 390,000 Community Center Fund $ 240,000 Total Levy $ 31,823,656 2.Debt levies have been reduced by other revenue sources as follows: 3.The date for the public hearing and consideration of the final 2025 levy and budget shall be Monday, December 9, 2024 at 7:00 pm in the Maplewood City Council Chambers. Council Packet Page Number 54 of 252 I1, Attachment 2 September 9, 2024 2025 Preliminary Property Tax Levy Council Packet Page Number 55 of 252 I1, Attachment 2 e m i y T y v d v n e e a L L e x t a x a T a D y t T g r n e i y r p t a o r r e P e H y c p r i l a b o n i r u P m P i t l e e y r g P r d u 5 a 2 B n 0 i 5 2 2 e 0 m i h2 t l e t e h p t r o t P d e AS ¤¤ Council Packet Page Number 56 of 252 I1, Attachment 2 y v e L x a T y t r e p o r P y r a n i m i l e r P Council Packet Page Number 57 of 252 I1, Attachment 2 y r o t s i H y v e L x a Average Increase Past Ten Years is 5.35% T Council Packet Page Number 58 of 252 I1, Attachment 2 АЉ͵Љі 60.3% ЏЉ͵Љі 48.3% ЎЉ͵Љі 20.7% 46.8% 46.0% 45.3% 4.9% 41.8% 38.9% 9.88% ЍЉ͵Љі 37.8% 35.4% 15.9% 10.4% 33.0% 12.71% 32.5% 4.2% ЋЉЋЎ 10.70% 9.29% 30.0%8.5% 29.5% 50.3% ЌЉ͵Љі 27.9% ЋЉЋЍ 7.90% 26.1% 23.2% 24.5% 12.49% 24.0% 6.59% ЋЉЋЌ 5.17% 8.9% 8.7% 15.5% 9.9% 13.5% 3.7% 12.9% ЋЉЋЋ 4.50% 12.6% ΫwğƒƭĻǤ /ƚǒƓƷǤ tƚƩƷźƚƓ hƓƌǤ 19.9% 17.1% ЋЉ͵Љі 6.5% 12.6% 9.1% ЋЉЋЊ 9.0% 6.6% 4.8% 9.0% 9.9% 6.3% 11.8% 6.4% 14.7% 6.9% 4.8% {ƚǒƩĭĻʹ tƩĻƦğƩĻķ ĬǤʹ wğƒƭĻǤ /ƚǒƓƷǤͲ tƩƚƦĻƩƷǤ ğǣ ğƓķ 9ƌĻĭƷźƚƓ {ĻƩǝźĭĻƭ ЌΉЊΉЋЉЋЍ 9.6% 4.4% 5.2% 5.5% 6.4% ЊЉ͵Љі 13.1% 5.6% 4.3% 6.5% 2.8%3.9% 16.0% 4.9% 4.5%15.1% 4.8% 8.2% 4.7% 4.5% 5.0% 3.0% 7.3% 7.0% 6.8% 6.4% 6.2%6.2%6.2% 5.2% 5.0%5.0% 4.5% 3.5%3.5% 3.4% 3.0%3.0% 2.1% Љ͵Љі 0.0% -0.3% 0.0% Blaine* St. Paul -2.0% Roseville -1.4% Gem Lake Shoreview Arden Hills Lauderdale North Oaks Maplewood St Anthony* -8.0% Little Canada New Brighton Mounds View North St. Paul Falcon Heights -0.1% Vadnais Heights -1.1% White Bear Lake* Spring Lake Park* 2021-2025 City Property Tax Levy Increases in Ramsey County ΏЊЉ͵Љі White Bear Township ΏЋЉ͵Љі Council Packet Page Number 59 of 252 I1, Attachment 2 s e g n a h C e u l a V t e k r a Increase of $188.50 on Median Home M Council Packet Page Number 60 of 252 I1, Attachment 2 t c a p m y I v x e a L T y y r t a r e n i p (or $3.63per week) m o i r l P e r d P e Increase of $189on Median Home f t o a m i t s E Council Packet Page Number 61 of 252 I1, Attachment 2 n o i t p y g v o n es i d g r L e i A n a P i )) x c I r i e y ss t e l a ( ( C a v e T H o nn e n e 9 g P i 5 oon L H 2 l ii dl 2 o s s x 0 a i u P 0 i e ss t I a 2 B c 2 uu a T - C ln c cx 55 m y ss a a a 9 i i i 2 2 r T n n 2 0 0 a ii DD- T 0 F22F n n tt i i 2 tttt e e - - P m pppp g g h i 5 I l t oooo d d 2 e u dddd u C ru 0 r PBAA2AA BT / t e 4 g 4 2 2 0 d 0 2 2 u , , 9 B 9 r r r e e e b r b b e m m m b e e e t o v tc p c o e e SOND ¤¤¤¤ Council Packet Page Number 62 of 252 I1, Attachment 2 s n o i t a r e d i s n o C l i c n u o C Motion to adopt the resolution setting a preliminary tax levy for taxes payable in 2025 at $31,823,656, and setting the 2025 budget hearing for December 9, 2024 at 7:00 PM. Council Packet Page Number 63 of 252 I1, Attachment 2 ? s n o i t s e u Q Council Packet Page Number 64 of 252 For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised September 9, 2024 2025 Preliminary Property Tax Levy For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised e m i y T y v d v n e e a L L e x t a x a T a D y t T g r n e i y r p t a o r r e P e H y c p r i l a b o n i r u P m P i t l e e y r g P r d u 5 a 2 B n 0 i 5 2 2 e 0 m h i 2 t l e t e h p t r o t P d e AS ¤¤ For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised y v e L x a T y t r e p o r P y r a n i m i l e r P For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised y r 5.35% is o t s i Years H Ten y Past v e L Increase x a Average T For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised АЉ͵Љі 60.3% ЏЉ͵Љі 48.3% County ЎЉ͵Љі 20.7% 46.8% 46.0% 45.3% Ramsey 4.9% 41.8% in 38.9% 9.88% ЍЉ͵Љі 37.8% ЌΉЊΉЋЉЋЍ 35.4% 15.9% 10.4% 33.0% 12.71% 32.5% {ĻƩǝźĭĻƭ 4.2% 10.70%ЋЉЋЎ 9.29% 30.0%8.5% 29.5% 9ƌĻĭƷźƚƓ 50.3% ЌЉ͵Љі hƓƌǤ 27.9%ğƓķ Increases ЋЉЋЍ ğǣ 7.90% 26.1% 23.2% tƚƩƷźƚƓ 24.5% 12.49% 24.0% 6.59% ЋЉЋЌ tƩƚƦĻƩƷǤ 5.17% 8.9% /ƚǒƓƷǤ 8.7% Levy 15.5% 9.9% 13.5% 3.7% 12.9% ЋЉЋЋ /ƚǒƓƷǤͲ 4.50% 12.6% ΫwğƒƭĻǤ 19.9% 17.1% ЋЉ͵Љі 6.5% 12.6% 9.1% wğƒƭĻǤ Tax ЋЉЋЊ 9.0% ĬǤʹ 6.6% 4.8% 9.0% 9.9% 6.3% tƩĻƦğƩĻķ 11.8% 6.4% 14.7% 6.9% 4.8% {ƚǒƩĭĻʹ 9.6% 4.4% 5.2% 5.5% 6.4% ЊЉ͵Љі 13.1% 5.6% 4.3% Property 6.5% 2.8%3.9% 16.0% 4.9% 4.5%15.1% 4.8% 8.2% 4.7% 4.5% 5.0% 3.0% 7.3% 7.0% 6.8% 6.4% 6.2%6.2%6.2% City 5.2% 5.0%5.0% 4.5% 3.5%3.5% 3.4% 3.0%3.0% 2.1% Љ͵Љі 0.0% 0.3% Hills PaulPaul Lake Oaks View 0.0% Park* Lake* 2025 CanadaBlaine* St.St. HeightsHeights 2.0% 1.4% Brighton Roseville Township Anthony*Gem Shoreview Lake ArdenBear Lauderdale North 8.0% Maplewood St Little MoundsNew 0.1% North Falcon Bear Vadnais 1.1% White Spring ЊЉ͵Љі 2021 White ЋЉ͵Љі For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised s e g n a Services h Election C and Tax e u Property l a County, V Ramsey t e Source: k r a M For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised t c a p m y I v Home x e a L T y y Median r week) t a r per on e n i $3.63 p $189 (or m o i of r l P e r d P e Increase f t o a m i t s E For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised n o i t p y g v o n es i d g r L e i A n a P i )) x c I r i e y ss t e l a (( C a v e T H o nn e n e 9 g P i 5 on o L H 2 l ii dl 2 o ss x0 a i u P 0 i e s s t I a 2 B c 2 u u a T - C l n cc x 5 5 m y ss aa a 9 i i i 22 r T nn 2 00 a ii DD- T 0 F22F n n tt i i 2 tttt e e - - P m pppp g g h i 5 I l t oooo dd 2 e u dddd uu C r 0 r BAA2AA PBT / t e 4 g 4 2 2 0 d 0 2 2 u , , 9 B 9 r r r e e e b r b b e m m m b e e e t o v tc p c o e e SOND ¤¤¤¤ For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised s n o i t a r e d i s n o C l i c n u o C Motion to adopt the resolution setting a preliminary tax levy for taxes payable in 2025 at $31,823,656, and setting the 2025 budget hearing for December 9, 2024 at 7:00 PM. For the permanent record: Meeting Date: 9/09/2024 Agenda Item: I1, Attachment 1 – Revised ? s n o i t s e u Q J1 CITY COUNCILSTAFF REPORT Meeting Date September 9, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steve Love, Public Works Director Audra Robbins, Parks and Natural Resources Manager Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Residential Trash and Recycling Contract Extension a. Republic Services’ Residential Trash, Bulky Item, and Yard Waste Contract Extension b. Tennis Sanitation’s Residential Recycling Contract Extension Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The residential trash and recycling contracts with Republic Services and Tennis Sanitation end June 30, 2025. Both contractors have agreed to a two-year contract extension. The City Council will consider a contract extension with Republic Services’ for residential trash, bulky items, and yard waste collection and Tennis Sanitation’s for residential recycling collection. Recommended Action: a. Motion to approve the Republic Services’ Residential Trash, Bulky Item, and Yard Waste contract extension and direct the Mayor and City Manager to sign the contract. Minor revisions as approved by the City Attorney are authorized as needed. b. Motion to approve the Tennis Sanitation’s Residential Recycling contract extension and direct the Mayor and City Manager to sign the contract. Minor revisions as approved by the City Attorney. 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 Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted 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 Council Packet Page Number 65 of 252 J1 management practices to reduce waste and protect air quality, water quality, and natural resources. 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 Trash and Recycling Comparison 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 Council Packet Page Number 66 of 252 J1 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): 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: A delinquent account is defined as a trash bill that has not been paid for three months or more. The current contract specifies that Republic Services can charge an administrative service fee in the amount of 8 percent per month on delinquent accounts. Republic Services must do their due diligence to collect on delinquent accounts, but after six months can forward to the City to certify to the property taxes. The City’s certification process takes place in September and November of each year. Republic Services has been charging the 8 percent fee on the outstanding trash service and all new and past fees, in essence compounding the late fees over time. Additionally, Republic Services continues to collect the fee after the delinquent accounts have been sent to the City for certification. It is only when the County forwards the assessed amounts to Republic Services to pay off the accounts does Republic Services stop adding the fee. This process has led to high late fees for some residents. Republic Services initially agreed to modify this procedure and charge a 10 percent noncompounding administrative service which would not be charged after the delinquent account was sent to the City. Since the City Council’s review of this proposal in June Republic Services has agreed to modify the delinquent account process as follows: Council Packet Page Number 67 of 252 J1 o Delinquent accounts are defined as an account that is one month past due. o A $5 flat fee per month can be added to delinquent accounts. o After six months Republic Services can forward delinquent accounts to the City to certify to the property taxes. o Once the delinquent accounts have been forwarded to the City, the late fees will end until such time as the account is delinquent again. The Delinquent Account Administrative Service Fee example attached shows how the current and proposed administrative service fee will be collected. The example includes the billing cycles from January 2022 to June 2023 and reflects charges for a 65-gallon trash cart (trash service, taxes, and cart fee) and the administrative service fee for the current 8 percent versus $5 flat fee. If an account remains delinquent for this timeframe (20 months), a resident would pay $127.82 in late fees under the 8 percent example, versus $35 under the $5 flat fee example. It should be noted that the first three billing cycles (6 months) the fee would be slightly higher for the flat fee example, but the 8 percent example increases drastically over the remaining months. Public Education: Another change since the City Council’s review in June is the addition of public education and customer service language translation. The contract now specifies that Republic Services will work with the City to ensure customer service and public education are available in Spanish and Hmong where feasible. Since June Republic Services has taken the following actions to comply with this request: o Customer Service: Republic Services does not currently provide translation services through the Midwest Customer Resource Center. Any Maplewood Spanish speaking callers that contact Republic Services are transferred to their Phoenix Customer Resource Center where there are Spanish speaking agents. Hmong language translation is not currently offered. o Solid Waste Guide: Republic Services will work with the City to have the annual solid waste guide interpreted to Spanish and Hmong. 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) Council Packet Page Number 68 of 252 J1 1-1-25 to 12-31-26: $5.60 1-1-27 to 6-30-27: $5.95 Contract Language: 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. Public Education: A change to the Recycling Contract since the City Council’s review in June is the addition of public education and customer service language translation. The contract now specifies that Tennis Sanitation will work with the City to ensure customer service and public education are available in Spanish and Hmong where feasible. Since June Tennis Sanitation has taken the following actions to comply with this request: o Website: Translation function. o Customer Service: Tennis Sanitation does not currently provide translation services and does not have any Spanish or Hmong speaking customer service representatives. Note, since Tennis Sanitation does not do the billing for the City’s recycling service, they do not handle the volume of customer service calls as Republic Services does for the trash hauling service. o Solid Waste Guide: Tennis Sanitation will work with the City to have the annual solid waste guide interpreted to Spanish and Hmong. 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. Trash and Recycling Service Comparison Chart 3. Delinquent Account Examples 4. Redlined Version - 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 Council Packet Page Number 69 of 252 J1 5.Amendedand 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 6.Redlined Version - Amended and Restated Service Agreement Between the City of Maplewood and Tennis Sanitation, LLC, for Comprehensive Residential Recycling Services 7.Amended and Restated Service Agreement Between the City of Maplewood and Tennis Sanitation, LLC, for Comprehensive Residential Recycling Services Council Packet Page Number 70 of 252 J1, Attachment 1 Trash and , 2024, City Council Meeting 9 2016 City Council hhhhhhh thtttttth September 9 April 11 Recycling Contract Extension Maplewood Residential Council Packet Page Number 71 of 252 J1, Attachment 1 Single Family Homes (up to fourunit buildings)Yard Waste SubscriptionCity Facilities and ParksSpring Clean Up and Fall CleanUp Campaign Republic Services -Trash and Yard Waste Contract¤¤¤¤ Contracts Council Packet Page Number 72 of 252 J1, Attachment 1 Single-Family HomesMulti-Family HomesCity Facilities and ParksSmall Businesses and Churchescan Opt Into the Program Tennis Sanitation -Residential Recycling Contract ¤¤¤¤ Contracts Council Packet Page Number 73 of 252 J1, Attachment 1 5-1/2 YearJanuary 1, 2020 to June 30, 2025Two-year extensionJuly 1, 2025 to June 30, 2027 Extension oooo Current Terms: ¤¤ooooooooo Contracts Council Packet Page Number 74 of 252 J1, Attachment 1 Comparisons Council Packet Page Number 75 of 252 J1, 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 Council Packet Page Number 76 of 252 J1, Attachment 1 Severe Weather CoordinationReportsMunicipal FacilitiesCart ManagementFood Scraps Pickup Program ¤¤¤¤¤ Contract Language Contract Changes Trash and Yard Waste Contract Extension¤ Council Packet Page Number 77 of 252 J1, Attachment 1 Existing Contract -8% CompoundingProposed Contract -$5.00 Flat Fee ¤¤ Service Language Translation Bad Debt/Delinquent AccountsPublic Education and Customer ¤¤ Changes From June Workshop Contract Changes Trash and Yard Waste Contract Extension¤ Council Packet Page Number 78 of 252 J1, Attachment 1 Current contract: $4 to $5.25 per household per monthExtended contract: $5.25 to $5.95 per household permonth Residential Recycling Contract Extension¤¤ Contract Changes Council Packet Page Number 79 of 252 J1, Attachment 1 Language Translation Severe Weather CoordinationMulti-Dwelling Unit Property OwnersReportsMunicipal FacilitiesPublic Education and Customer Service ¤¤¤¤¤ Contract LanguageChanges from June Council Workshop Residential Recycling Contract Extension ¤¤ Contract Changes Council Packet Page Number 80 of 252 J1, Attachment 1 Motion to approve the Republic ServicesÔ ResidentialTrash, Bulky Item, and Yard Waste Contract Extension(July 1, 2025 to June 30, 2027)Motion to approve Tennis SanitationÔs ResidentialRecycling Contract Extension (July 1, 2025 to June 30,2027) Recommendation ¤¤ Council Packet Page Number 81 of 252 J1, Attachment 2 $340.64$450.28$338.64 Annual Totals with Recycling Med Cart $169.92$247.92$191.64$279.00 Annual Totals Trash Only Med Cart not defined, likely part of taxes/fee$183.00$273.00cart fees are part of the $33 annual fee monthly Bill FrequencyCart Fees? $5.97 monthly0.75/unit/month$290.88$331.20$7.28 Recycling Fee Notes includes taxes and feestotal bill is 20.66/24.45, difference is the recycling portion$6.50 monthlyincludes taxes, and recyclingtotal bill is 22.75/26.23, difference is the recycling portion$7.50 monthlyincludes taxes, and recycling, does not include $33 annual feeincludes taxes, and recyclingtotal bill is 27.86, difference is the recycling portion, does not include taxes Bill Frequency monthlymonthly Medium Trash Cart (65 gal)Price*$48.48bi-monthly$5.48 (trash) + $8.68 (collection) =$14.16$85.16quarterly(trash) + $4.18 (Taxes/fees) = $15.25$112.57quarterly$28.22monthly$15.97monthly % 3 Yes Yes 3% Set Annual Increase and free fees Fees fees PAYT no NoYesNoNoNoNoNo YesYes springfees off/fall spring fees Events curbside Clean Up spring/fall spring drop Risk Revenue Sharing Bulky Program Bulky Waste p not includednot includedup to 4 units up to 4 unitsup to 3 unitsup to 3 unitsup to 8 units bulky item per year at no charge. The free disposal does not include appliancesSchedule pick-up. Fee based on items picked up. Multi-Units included Schedule pick-up. Fee based on items picked up.Schedule pick-up. Fee based on items picked up.Large carts: 3 bulky items included/year. Unlimited mattresses. Fees charged after initial 3.Annual clean up day. Charges fees. Offer Multiple Sized Carts Municipality City owned CartsMaplewoodVadnais HeightsWhite Bear LakeNorth Saint PaulSaint PaulSaint Anthony Village Frequency of Recycling WeeklyWeeklyYesYesWeeklyEOWNoYesWeeklyWeeklyNoYesWeeklyWeeklyYesYesWeeklyWeeklyYesYesWeeklyEOWNoYesWeeklyEOWNoYes Frequency of Trash 5 City 3 City VHG - Contracted Contracted Hauler Zones Republic/WMHauler Zones Recycling Hauler 5 City 3 City VHG - AspenAspen TennisTennis RepublicTennis RepublicEureka Contracted Contracted Repbulic/WM Hauler ZonesHauler Zones Opt In Contract DatesTrash Hauler ends June 30, 2025ends July 31, 2024ends December 31, 2024ends December 31, 2024ends March 31, 2025ends March 31, 2028ends December 31, 2024 Group) Separate Recycling Contracts of Billing Trash and Combined CombinedCombinedCombinedCombinedCombined Frequency (Consortium Type of Collection Contract $7.00monthlyyes $65.00annualyes$80.00annualyes 9,257 Yard Waste$140.38annualyes$120.00annualyes$106.40annualyes 42,08812,91224,88312,36410,819 303,176 Population (from census data) MunicipalityYard Waste MunicipalityMaplewoodVadnais HeightsWhite Bear LakeNorth Saint PaulSaint PaulSaint Anthony VillageLittle CanadaMaplewoodVadnais HeightsWhite Bear LakeNorth Saint PaulSaint PaulSaint Anthony Village pw:\\Ramsey Co PH MN\\0024R003.00\\10300 Draft Documents\\Maplewood\\Cost Comparison Across RC_5.21.2024.xlsx Council Packet Page Number 82 of 252 J1, Attachment 3 Delinquent Account Administrative Service Fee Examples Current and Proposed Republic Services Residential Trash Contracts Current contract with a 65 gal. cart, taxes, cart fee, and an 8% New contract with a 65 administrative service gal. cart, taxes, cart fee, fee after 3 months past and a $5.00 flat due (with compounding administrative service interest as interpreted fee after 1 month past by Republic Services)NotesdueNotes Bill Cycles .źƌƌ /ǤĭƌĻ Њ Previous Bill$ - $ - Administrative Service Fee $ - $ - Subtotal$ - $ - January 2022$ 24.24$ 24.24 February 2022$ 24.24$ 24.24 Total Due January 20$ 48.48$ 48.48 .źƌƌ /ǤĭƌĻ Ћ Previous Bill$ 48.48$ 48.48 The 8% fee charged on previous bill if unpaid by due date A $5 flat fee because the overall charged since bill is now 3 months January is 1 month past due. past due. Administrative Service Fee $ 3.88 $ 5.00 Subtotal$ 52.36$ 53.48 March 2022$ 24.24$ 24.24 April 2022$ 24.24$ 24.24 Total Due March 20$ 100.84$ 101.96 .źƌƌ /ǤĭƌĻ Ќ Previous Bill$ 100.84$ 101.96 The 8% fee charged on previous bill if A $10 flat fee unpaid by due date charged since because the overall February and bill is now 3 months March are 1 Administrative Service Fee$ 8.07 past due. $ 10.00month past due. Subtotal$ 108.91$ 111.96 May 2022$ 24.24$ 24.24 June 2022$ 24.24$ 24.24 Total Due May 20$ 157.39$ 160.44 Council Packet Page Number 83 of 252 J1, Attachment 3 .źƌƌ /ǤĭƌĻ Ѝ Previous Bill$ 157.39$ 160.44 The 8% fee charged on previous bill if unpaid by due date A $10 flat fee because the overall charged since April bill is now 3 months and May are 1 Administrative Service Fee$ 12.59past due. $ 10.00month past due. Subtotal$ 169.98$ 170.44 July 2022$ 24.24$ 24.24 August 2022$ 24.24$ 24.24 Total Due July 20$ 218.46$ 218.92 .źƌƌ /ǤĭƌĻ Ў Previous Bill$ 218.46$ 218.92 Fee charged on previous bill if unpaid by due date A $10 flat fee because the overall charged since June bill is now 3 months and July are 1 past due month past due Administrative Service Fee$ 17.48$ 10.00 Subtotal$ 235.93$ 228.92 September 2022$ 24.24$ 24.24 October 2022$ 24.24$ 24.24 Total Due September 20$ 284.41$ 277.40 Administrative Service Fee Subtotal $ 42.01$ 35.00 Delinquent accounts sent to the City for certification. City certifies delinquent accounts in November. City sends delinquent amounts (past due and all fees) to County for assessment. County adds delinquent amounts to the next year's property taxes. All delinquent accounts under new contract will be set to $0. Under current copontract Republic Services continues to collect fees until the past due amount is paid by the property tax assessment in May. .źƌƌ /ǤĭƌĻ Џ Previous Bill$ 284.41$ - The 8% fee charged on previous bill if unpaid by due date because the overall bill is now 3 months past due and not yet paid by the assessed taxes. Administrative Service Fee$ 22.75$ - Subtotal$ 307.17$ - November 2022$ 24.24$ 24.24 December 2022$ 24.24$ 24.24 Total Due November 20$ 355.65$ 48.48 Council Packet Page Number 84 of 252 J1, Attachment 3 .źƌƌ /ǤĭƌĻ А Previous Bill$ 355.65$ - The 8% fee charged on previous bill if unpaid by due date because the overall bill is now 3 months past due and not yet paid by the Administrative Service Fee$ 28.45assessed taxes. $ - Subtotal$ 384.10$ - January 2023$ 24.24$ 24.24 February 2023$ 24.24$ 24.24 Total Due January 20$ 432.58$ 48.48 .źƌƌ /ǤĭƌĻ Б Previous Bill$ 432.58$ - The 8% fee charged on previous bill if unpaid by due date because the overall bill is now 3 months past due Administrative Service Fee$ 34.61$ - Subtotal$ 467.18$ - March 2023$ 24.24$ 24.24 April 2023$ 24.24$ 24.24 Total Due March 20$ 515.66$ 48.48 First half of property taxes due. All delinquent amounts collected, sent to the City, and transferred to Republic Services to pay delinquent accounts. All delinquent accounts under existing contract will be set to $0 (as interpreted by Republic .źƌƌ /ǤĭƌĻ В Previous Bill$ - $ - Administrative Service Fee$ - $ - Subtotal$ - $ - May 2023$ 24.24$ 24.24 June 2023$ 24.24$ 24.24 Total Due May 20$ 48.48$ 48.48 Administrative service fee total -fees paid January 2022 through April 2023 $ 127.82$ 35.00 Council Packet Page Number 85 of 252 J1, Attachment 4 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) Council Packet Page Number 86 of 252 J1, Attachment 4 Table of Contents 1. INTRODUCTION ................................................................................................................. 1 2. DEFINITIONS ..................................................................................................................... 1 3. GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................. 1 3.1. Eligible Household Count .................................................................................................. 22 3.2. Term of Contract ............................................................................................................... 22 3.3. Extension Options ............................................................................................................. 22 3.4. This Agreement Takes Precedent over RFP and ContractorÓs Proposal ......................... 33 3.5. Monthly and Annual Reports ............................................................................................. 33 3.5.1. Monthly ReportsÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ.4 3.5.2.Annual ReportsÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ4 3.6. Five Year Implementation Plan ......................................................................................... 55 3.7. Annual Work Plan ............................................................................................................. 55 3.8. Annual Performance Review............................................................................................. 66 3.9. Public Education Information for Eligible Households ...................................................... 66 3.10. City Shall Approve All Contractor Public Education Tools ................................................ 77 3.11. Missed Collections ............................................................................................................ 77 3.12. Postpone Trash Collection ................................................................................................ 77 3.13. Collection Hours and Days................................................................................................ 88 3.14. Designated Contact Person .............................................................................................. 88 3.15. Customer Complaints and Call Center Service ................................................................ 88 3.16. Accuracy of Call Center Responses ................................................................................. 99 3.17. Weighing of Loads ............................................................................................................ 99 3.18. Scavenging Prohibited ...................................................................................................... 99 3.19. Cleanup of Spillage or Blowing Litter ................................................................................ 99 3.20. Disposal and Recovery at Licensed and Permitted Facilities Only ............................... 1010 3.21. Designated Disposal Facilities for Trash ....................................................................... 1010 3.22. Recovery or Disposal of Yard Waste and Bulky Items ................................................. 1010 3.23. Vehicle Requirements ................................................................................................... 1010 3.24. Vehicle Inspections ....................................................................................................... 1111 3.25. Personnel Requirements ............................................................................................... 1111 3.26. Litter Pickup .................................................................................................................. 1212 3.27. Truck Fluid Leaks or Spills ............................................................................................ 1212 3.28. Safety ............................................................................................................................ 1212 3.29. Truck and Driver Licenses and Permits ........................................................................ 1212 3.30. Performance Monitoring ................................................................................................ 1212 3.31. Liquidated Damages ..................................................................................................... 1313 3.32. Accommodations for Road and Other Construction Projects ....................................... 1515 3.33. Ownership of Trash ....................................................................................................... 1515 3.34. Equipment ..................................................................................................................... 1515 4. TRASH COLLECTION REQUIREMENTS ................................................................... 1515 4.1. Summary Scope of Services ......................................................................................... 1515 4.2. Collection Day Service Areas ....................................................................................... 1515 4.3. Trash Service Levels ..................................................................................................... 1515 4.4. Trash Carts ................................................................................................................... 1616 4.4.1.Cart Management after Cancellation of Trash ServiceÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈÈ..16 4.5. Same Day Collections with Recycling Service Areas ................................................... 1616 4.6. Point of Collection ......................................................................................................... 1616 Page i Council Packet Page Number 87 of 252 J1, Attachment 4 4.7. Collection Schedule Deadline ....................................................................................... 1717 4.8. Trucks Shall Be Equipped with Automatic Lifters ......................................................... 1717 4.9. Trucks Shall Be Equipped with Wind Screens .............................................................. 1717 4.10. Trucks May Be Equipped with RFID Data Management Systems ............................... 1717 4.11. Procedure for Handling Prohibited Materials ................................................................ 1717 4.12. Damage to Pavement ................................................................................................... 1818 5. YARD WASTE COLLECTION REQUIREMENTS ....................................................... 1818 5.1. Voluntary Yard Waste Subscription Service ................................................................. 1818 5.2. Yard Waste Cart Requirements .................................................................................... 1818 5.3. Base Yard Waste Service Level and Allowed Overflow Amounts ................................ 1818 5.4. Scheduled Months for Yard Waste Collection Service ............................................. 181819 6. BULKY ITEM COLLECTION REQUIREMENTS .......................................................... 1919 6.1. Special Bulky Items Collection ...................................................................................... 1919 7. OTHER COLLECTION SERVICE REQUIREMENTS .................................................. 1919 7.1. Separate Christmas Tree Collection Service ................................................................ 1919 7.2. Food Scraps Pickup ProgramWaste and Other Organic Waste ................................... 1919 7.3. Municipal Facilities Collection Requirements ................................................................ 1919 8. BILLING FOR SERVICES ............................................................................................ 2020 8.1. Trash Collection Fee ..................................................................................................... 2020 8.2. Pay As You Throw Price Schedule ............................................................................... 2020 8.3. Additional Trash Cart Price ....................................................................................... 202021 8.4. Additional Overflow Trash Bag Price ............................................................................ 2121 8.5. Trash Disposal Fees ..................................................................................................... 2121 8.6. Trash Disposal Fee Adjustments .................................................................................. 2121 8.7. Trash Cart Exchange/Replacement Delivery Fee ......................................................... 2121 8.8. Yard Waste Removal Fee ............................................................................................. 2121 8.9. Yard Waste Overflow Fee ............................................................................................. 2222 8.10. Special Bulky Items Fee ................................................................................................ 2222 8.11. Spring Clean Up Event Fee .......................................................................................... 2222 8.12. Fall Clean Up Campaign ........................................................................................... 222223 8.13. Electronic Waste Fee .................................................................................................... 2323 8.14. Other Bulky Items Fee .................................................................................................. 2323 8.15. Credits for Extended Vacations .................................................................................... 2323 8.16. Bad Debt / Delinquent Accounts ................................................................................... 2323 9. INSURANCE AND OTHER LEGAL REQUIREMENTS ............................................... 2424 9.1. Insurance ...................................................................................................................... 2424 9.2. Workers Compensation Insurance ................................................................................ 2424 9.3. Commercial General Liability Insurance ....................................................................... 2424 9.4. Commercial Automobile Liability Insurance .................................................................. 2424 9.5. Transfer of Interest ........................................................................................................ 2525 9.6. Non-Assignment and Bankruptcy ................................................................................. 2525 9.7. Dispute Resolution and Arbitration Procedures ............................................................ 2525 9.8. Performance Bond ........................................................................................................ 2525 9.9. General Compliance ..................................................................................................... 2525 9.10. Independent Contractor ................................................................................................ 2626 9.11. Hold Harmless ............................................................................................................... 2626 9.12. Accounting Standards ................................................................................................... 2626 9.13. Retention of Records .................................................................................................... 2626 9.14. Data Practices ............................................................................................................... 2626 9.15. Inspection of Records ................................................................................................... 2727 Page ii Council Packet Page Number 88 of 252 J1, Attachment 4 9.16. Applicable Law .............................................................................................................. 2727 9.17. Agreement Termination ................................................................................................. 2727 9.18. Employee Working Conditions and ContractorÓs Safety Procedures ............................ 2727 9.19. Agreement Amendments .............................................................................................. 2727 9.20. Wavier of Claims ....................................................................................................... 272728 Appendices Appendix A Definitions .................................................................................................... 2927 Appendix B Map of Trash Service Areas ........................................................................ 3332 Appendix C Trash and Yard Waste Cart Management Plan ........................................... 3433 Appendix D Trash Education Tags .................................................................................. 3635 Appendix E Rates ........................................................................................................... 3837 Page iii Council Packet Page Number 89 of 252 J1, Attachment 4 1. INTRODUCTION This Amended and Restated Agreement is made this day ____________, 2024, September 9, 2019, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the ÐCityÑ) and Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities (the ÐContractorÑ). 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 (ÐRFPÑ) for comprehensive Trash and Recycling Collection services (incorporated herein to this Agreement by reference); WHEREAS, the City released Addendum #1 (ÐAddendumÑ) to the RFP (incorporated herein to this Agreement by reference); WHEREAS, the Contractor submitted a proposal (ÐProposalÑ) to the City in response to the RFP (incorporated herein to this Agreement by reference); and WHEREAS, the Contractor submitted responses to the CityÓs questions about the ContractorÓs 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 Council Packet Page Number 90 of 252 J1, Attachment 4 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 CityÓs trash service. According to the CityÓs solid waste ordinance, townhomes and manufactured homes can have their own private Trash Collection contract, but can opt into the CityÓs Trash contract. 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 Dwellings count are approximately 2,013 townhomes and manufactured homes that have not opted into the CityÓs Trash contract, 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 CityÓs Trash Contract. Each year, by November 1, as a part of the annual report and work plan as defined in this Agreement, the City and the Contractor shall reconcile the changes to these household counts and agree on the new number. The City may use City construction permits, utility bills, and property tax 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 personnel to 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 Collection service 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 Contractor at 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 CityÓs sole determination of the service and of the City residentsÓ 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 Council Packet Page Number 91 of 252 J1, Attachment 4 This Agreement Takes Precedent over RFP and ContractorÔs Proposal The contents of the CityÓs Request for Proposal (RFP) for Trash and Recycling Collection Services (dated May 20, 2019), the ContractorÓs proposal (dated June 17, 2019, and the ContractorÓs 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. 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 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. 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 ContractorÓs 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. At a minimum, the Contractor shall include the following information in the annual reports: 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 Dwellings served. Dwellings within homeownersÓ 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 CityÓs greenhouse gas assessment. Page 3 of 40 Council Packet Page Number 92 of 252 J1, Attachment 4 th Monthly reports shall be due to the City by the fifteenth (15) day of each month for the previous monthÓs data. Annual reports shall be due by February 7 of each year for the previous yearÓs 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 CityÓs Trash program (e.g., public education, customer service communications, etc.). Reports 3.5.1. Monthly 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 CityÓs 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 ContractorÓs 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 monthÓs data. The Contractor and City shall agree on mutually acceptable data report formats (e.g., Microsoft Word and/or Excel spreadsheet documents). 3.5.2. Annual 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). Page 4 of 40 Council Packet Page Number 93 of 252 J1, Attachment 4 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 CityÓs 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 homeownersÓ 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 ContractorÓs response; and the date and time of the response. Annual reports shall be due by February 7 of each year for the previous yearÓs 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 CityÓs 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 assignments not 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 Collection Service 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 November 1 for the upcoming calendar year to outline key priorities for system improvements. Items to be Page 5 of 40 Council Packet Page Number 94 of 252 J1, Attachment 4 included in the annual work plan are any proposed amendments to the ÐfiveÎyearÑ 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, and proposed improvements to the Spring Clean Up and Fall Clean Up Campaign. 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 reference as amendments to this Agreement. Annual Performance Review Upon receipt of the ContractorÓs annual report, the City shall schedule an annual meeting with the Contractor. The objectives of this annual meeting will include, but not be limited to: Review ContractorÓs annual report. Review ContractorÓs performance based on feedback from residents to the CityÓs Environmental and Natural Resources (ENR) Commission, City Council, and City staff. Review ContractorÓs recommendations for improvement in the CityÓs Trash Collection program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. Review City staff recommendations for ContractorÓs 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 a quarterly basisÎ January 15, April 15, July 15, October 15. Education tags shall be left by ContractorÓs Collection crews 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 ContractorÓs education tag. Changes Page 6 of 40 Council Packet Page Number 95 of 252 J1, Attachment 4 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 CityÓs trash and yard waste program, including an active hyperlink to the CityÓs web page containing trash and yard waste instruction for the CityÓs residents. The Contractor will work with the City to ensure customer service and public education are available in Spanish and Hmong where feasible. 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 ÐCall them allÑ telephone messages for approval by the City. The Contractor will include City contacts on the ÐCall them allÑ 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 Trash collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed Collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed Collection received after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed Collection before 4:00 p.m. on the following business day. If the resident did not have their container in place for Collection at the time when the Contractor provided service, it is not deemed a Ðmissed CollectionÑ. Postpone Trash Collection After adequate notice to the City, the Contractor may postpone collections due to severe weather or other causes outside the ContractorÓs reasonable control. The Trash Contractor shall coordinate the postponement of collections with the City and the Recycling Contractor to the extent possible. The Contractor shall coordinate severe weather service postponement announcements with the City. Mixed messages shall not be broadcast to City residents. ÐSevere WeatherÑ shall include, but not be limited to, those cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the ContractorÓs staff or result in unsafe driving conditions. ÐOther causesÑ shall include, but not be limited to, those cases that occur beyond the ContractorÓs control preventing regular Collection of selected routes. If collections are postponed, the Contractor shall notify the City. Upon postponement, Collection will be made on the next day following the conclusion of the service weather event, or as soon as possible. Page 7 of 40 Council Packet Page Number 96 of 252 J1, Attachment 4 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 Collection days 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 ÐPostpone Trash CollectionÑ Section). The Contractor must request such exception from the CityÓs 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 reports prior to execution of the Agreement. ContractorÓs designated contact person is Beverly Mathiasen, Romack Franklin, Municipal Services Manager, and the alternate contact person will be Justin Salo,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 Complaints and Call Center Service The Contractor shall provide staffing of a telephone equipped office to receive missed Collection complaints 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 Ðlive personÑ rather than a recording within an average of one (1) minute of 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 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 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 is 4325 East 66 Street, 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. Page 8 of 40 Council Packet Page Number 97 of 252 J1, Attachment 4 Accuracy of Call Center Responses The City will produce a fact sheet containing frequently asked questions (ÐFAQsÑ) 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 ContractorÓs 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 City residents. The City will notify the Contractor immediately if the City receives any legitimate complaints about the accuracy of answers given by the ContractorÓs 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 representativesÓ 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, Collection route, driverÓs 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 Collection shall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them. Upon Collection by the Contractor, the materials become the property and responsibility of the Contractor. It is unlawful for any person other than the CityÓs designated Contractor to collect, remove, or dispose of designated solid waste after the materials have been placed or deposited for Collection in the City-purchased carts. The ContractorÓs 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 Collection and/or hauling operations. All Collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Collected solid waste Page 9 of 40 Council Packet Page Number 98 of 252 J1, Attachment 4 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 responsible for 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 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 Trash collected 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 Agreement will be the Ramsey/Washington Recycling & Energy Center (R&E Center) in Newport, MN. If the R&E Center is not reasonably available, the Contractor will notify the City immediately. The City will then contact Ramsey County for further direction and current policy guidance. The City and Contractor may then negotiate a mutually agreeable plan for Trash disposal 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; Ramsey County policies and programs; and Minnesota State 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 website of 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. Page 10 of 40 Council Packet Page Number 99 of 252 J1, Attachment 4 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, ÐThis vehicle makes frequent stops.Ñ 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 free of offensive 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. ContractorÓs 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 Trash carts 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. Page 11 of 40 Council Packet Page Number 100 of 252 J1, Attachment 4 Litter Pickup The Contractor shall be responsible for Collection and pickup of any litter spilled during cart unloading, driving or other Collection operations. 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 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 with all 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 CityÓs ordinances and the CityÓs 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. . Page 12 of 40 Council Packet Page Number 101 of 252 J1, Attachment 4 Liquidated Damages This Agreement requires Contractor to meet the following performance standards: Deliver quality and timely Trash Collection services to residents as set forth in the referenced RFP, ContractorÓs proposal and clarifications, and this Agreement. Meet other conditions as described herein for Collection and transportation of Trash to the designated Trash disposal facility. City and Contractor shall 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. 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 ContractorÓs designated contact person, may assess Page 13 of 40 Council Packet Page Number 102 of 252 J1, Attachment 4 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 Î fifty dollars ($50) per incident. B. Failure to collect properly notified missed collections Î two hundred and fifty dollars ($250) per incident. C. Failure to provide monthly and annual reports Î one hundred dollars ($100) per incident. D. Failure to complete the collections within the specified timeframes without proper notice to the city Î one hundred dollars ($100) per incident. E. Failure to clean up litter or spills that knowingly occur during Collection operations Î two hundred fifty dollars ($250) per incident. F. Failure to report on changes in location of Trash disposal Î two hundred fifty dollars ($250) per incident. G. Making changes to the Collection and Disposal systems prior to receiving City approval to implement any such change Î 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 Î five hundred dollars ($500) per incident. I. Failure to provide adequate notice and coordination to prevent mixed public messages about collection delays due to severe weather incidents Î two- thousand dollars ($2,000) per incident. J. Failure to accurately answer a residentÓs question to the ContractorÓs customer service call center Î 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 residentsÓ bills that is not reflective of the services they have received Î fifty dollars ($50) per incident; and/or Major billing error defined as a mistake made on a large number of residentsÓ bills that is not reflective of the services they have received Î 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. Page 14 of 40 Council Packet Page Number 103 of 252 J1, Attachment 4 Accommodations for 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 the Contractor from traveling its accustomed route or routes for Collection. The Contractor shall contact 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 reconstruction projects. Ownership of Trash Ownership of Trash shall remain with the person placing them for Collection until ContractorÓs 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 Contractor or the City of Maplewood (except to the extent that such Prohibited Material is collected from Municipal Facilities). Equipment Except as otherwise indicated in the Agreement, any equipment used in the collection of trash and organics at City facilities shall remain ContractorÓs 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 ContractorÓs 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 Collection will continue 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 EOW service level. Collection Day Service Areas The City is divided into five Service Areas which correspond to each of the five (5) days Collection is provided. A map of the CityÓs existing scheduled Recycling and Trash Collection days, by Service Area, can be found in Attachment B. Trash Service Levels The Contractor is to provide five (5) Trash service levels as options for Single-Family Dwellings: 20-gallon, EOW. Page 15 of 40 Council Packet Page Number 104 of 252 J1, Attachment 4 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 Trash in approved wheeled Trash carts, not Trash cans. Standardized Trash carts are purchased and owned by the 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 prevent damage to carts during Collection operations. Contractor shall repair or provide sanitized replacements in accordance with the City policy for replacement of carts. Requests for replacement of existing carts must be handled within five (5) business days after the request is received. Repairs to existing carts must be handled within five (5) business days from the time the request is received. The Contractor shall document and report the cart replacement and repair rate in accordance with the CityÓs 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 Plan set 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 sets up 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 Week service. Recycling shall be collected weekly. Trash and Recycling shall be collected on the same days including Collection on Saturdays within agreed-upon Ðholiday weeksÑ. Point of Collection Nearly all Trash 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 ÐWalk-UpÑ Collection Service. Page 16 of 40 Council Packet Page Number 105 of 252 J1, Attachment 4 B. Alley collections for the few, designated blocks that do not have adequate access to curbside Trash Collection service 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 Collection of Trash will not be completed by 6:00 p.m. on the scheduled Collection day, the Contractor shall notify the City by 3:30 p.m. that same day and request an extension of the Collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the CityÓs designated contact person cannot be reached, the Contractor will request the City Manager or his/her designated alternate. Trucks Shall Be Equipped with Automatic Lifters The Contractor shall provide automated Trash Collection service. The ContractorÓs automatic lifters must be operated and maintained so as to not cause damage beyond normal wear and tear to Collection carts. Trucks Shall Be Equipped with Wind Screens The ContractorÓs truck dumping hoppers must be outfitted with wind screens or shields to minimize wind-blown litter when tipping the carts. Trucks May Be Equipped with RFID Data Management Systems The ContractorÓs 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 Trash carts when the carts are emptied in the ContractorÓs trucks as 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 Prohibited Materials 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 residentÓs curbside Trash cart and leave an Ðeducation tagÑ 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, Page 17 of 40 Council Packet Page Number 106 of 252 J1, Attachment 4 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 damages to CityÓs pavement, curbing, or other driving surfaces resulting from ContractorÓs providing service at City locations as outlined in Section 7.3., except to the extent caused by ContractorÓs negligence. All Contractor trucks shall comply with weight restrictions. 5. YARD WASTE COLLECTION REQUIREMENTS Voluntary Yard Waste Subscription Service The Contractor shall provide City residents the option to subscribe to separate Yard Waste Collection service. The residentsÓ request to subscribe for separate Yard Waste Collection service shall be submitted to the Contractor via post card, email, web based form, or phone call. Residents may arrange for special, one-time Ðpay per bagÑ (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 Collection service. City residents shall have the choice to subscribe to this optional service. The Yard Waste cart shall have unique labeling (e.g., ÐYard WasteÑ) 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 fill their Yard Waste cart and place up to five (5) compostable bags of overflow Yard Waste next to the Yard Waste cart per week, per Collection without 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 Compostable Bags. The Contractor is not required to remove any Yard Waste bags that are not Compostable Bags. Scheduled Months for Yard Waste Collection Service Separate Yard Waste Collection shall be provided from April 1 through November 30, weather permitting. Page 18 of 40 Council Packet Page Number 107 of 252 J1, Attachment 4 6. BULKY ITEM COLLECTION REQUIREMENTS Special Bulky Items Collection The Contractor shall provide Bulky Item Collection on 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 Services Section. 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. Food Waste and Other Organic Waste The City may initiate an Organic Waste pilot Collection program. The Contractor shall participate with the City in the planning and design of this pilot Collection project. Prices, scope and schedule for any such additional separate Collection services will be negotiated as part of the planning for this project. Food Scraps Pickup Program The City is participating in Ramsey and Washington CountiesÓ 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 be collected shall follow the Food Scraps Pickup Program's list of accepted material. The City trash collection 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 Î 1830 County Road B East. B. Public Works Building Î 1902 County Road B East. C. Park & Recreation Maintenance Building Î 1810 County Road B East. D. Fire Station One Î 1177 Century Avenue North. E. Fire Station Two Î 1955 Clarence Street. F. Fire Station Three Î 1530 County Road C. G. Fire Training Facility Î 1881 Century Avenue North. H. Maplewood Community Center Î 2100 White Bear Avenue. th I. Maplewood Nature Center Î 2659 7 Street East. Page 19 of 40 Council Packet Page Number 108 of 252 J1, Attachment 4 The Contractor shall provide, at no charge, trash collection services at the following parks: A. Wakefield Park, 1590 Frost Avenue (April Î October). B. Harvest Park, 2561 Barclay Street (April Î October). C. Goodrich Park, 1980 North St. Paul Road (April Î October). D. Afton Heights Park, 63 North Sterling Street (April Î October). E. Hazelwood Park, 1663 County Road C (Special event only on the Fourth of July). F. Bruentrup Heritage Farm Î 2170 County Road D 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 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 Fee schedule is contained within Appendix E. These Trash Collection Fees are 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 CityÓs Pay as You Throw (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 schedule, the City shall propose adjustments to the trash disposal fees. The trash collection fees will be as contained in Appendix E Î Rates throughout the term of the contract. Additional Trash Cart Price The additional Collection price for each additional Trash cart 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). Page 20 of 40 Council Packet Page Number 109 of 252 J1, Attachment 4 Additional Overflow Trash Bag Price The additional Collection price for each overflow bag of Trash is contained in Appendix E. This additional overflow Trash bag 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. 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 Trash disposal facility will be defined as the benchmark year disposal price. The ContractorÓs 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 Trash disposal 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 Trash disposal 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 ContractorÓs 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 Removal Fee The annual price per household for separate Yard Waste Collection/disposal service collected once per week for eight (8) months of the year (April through November) is contained in Appendix E for a standard 95-gallon Yard Waste cart plus up to five (5) compostable bags per week. Special one-time, ÐOn CallÑ collections of Yard Waste may be ordered by eligible residents to the Contractor. The fee for Yard Waste On Call collections shall be per bag as contained in Appendix E. These Yard Waste Removal Fees cover both the ContractorÓs costs of Collection operations and disposal tipping fees the Contractor pays at a Yard Waste facility. Page 21 of 40 Council Packet Page Number 110 of 252 J1, Attachment 4 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 fuel adjustments on Yard Waste Removal Fees). Yard Waste Overflow Fee The per bag overflow charge for extra yard waste Collection service above the five (5) bags included in the Yard Waste Fee is contained in Appendix E. This Yard Waste Overflow Fee shall be fixed for the term of this Agreement without any annual adjustments (e.g., no annual fuel adjustments on Yard Waste Removal Fees). Special Bulky Items Fee The price per Collection occurrence for Bulky Items that require special processing is contained in Appendix 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, and labor used in performance of the CityÓs 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) percent above the averages identified above, the City will meet with the ContractorÓs designated point of contact, in good faith, to negotiate an equitable rate for the additional collection, equipment and labor used during the 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 CityÓs Fall Clean Up Campaign. Discounted pricing specified in Appendix E. Page 22 of 40 Council Packet Page Number 111 of 252 J1, Attachment 4 Electronic Waste Fee The price per Collection occurrence 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 Collection occurrence 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). Credits for Extended Vacations Residents shall be given credit on their next Trash bill 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 on the total monthly Collection charges (including all disposal fees, taxes, and other charges) as per the 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 one three months past due. The Contractor may impose their own administrative service fee of a $5.00 per month flat administrative service fee eight percent (8%) per month of the balance due for delinquent accounts. If delinquent accounts have 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 least two written notices (other than a simple memo line on the customerÓs invoice) were first sent to the resident with copies retained in the ContractorÓs 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 been assessed 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. Page 23 of 40 Council Packet Page Number 112 of 252 J1, Attachment 4 9. INSURANCE AND OTHER LEGAL REQUIREMENTS Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and approved 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 Agreement. 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 that result 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 workersÓ 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 Î EmployerÓs 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 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. 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. Page 24 of 40 Council Packet Page Number 113 of 252 J1, Attachment 4 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. 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 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 Contractor shall provide a performance bond in the case of the ContractorÓs 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 business in the State of Minnesota. This Agreement shall be subject to termination by the City at any time if the performance bond shall be cancelled for whatever reason. The ContractorÓs 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 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 Calculator produced by Pennsylvania State University as a means to estimate the cost of living within specific geographic locations. 1 For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123 Page 25 of 40 Council Packet Page Number 114 of 252 J1, Attachment 4 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 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 misconduct of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the 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 Trash Collections) 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 Page 26 of 40 Council Packet Page Number 115 of 252 J1, Attachment 4 officers, and employees harmless from any claims resulting from the ContractorÓs 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. 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 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. 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 ContractorÔs 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 27 of 40 Council Packet Page Number 116 of 252 J1, Attachment 4 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 Council Packet Page Number 117 of 252 J1, Attachment 4 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 ContractorÓs proposal in response to the RFP, and the ContractorÓs 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 CityÓ (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 (SFDÓs) 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 within the trash cart. Bulky items include (but are not limited Page 29 of 40 Council Packet Page Number 118 of 252 J1, Attachment 4 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 ÐcompostableÑ plastic bags as defined by Minnesota Statute (M.S. 325E.046). Contractor Once a new Agreement (or Agreements) is (are) executed, the CityÓs service Contractor(s) under the Trash Services Agreement and/or Recycling Services Agreement. (Note: In the RFP, the use of the singular ÐContractorÑ form may be implied to be plural ÐContractorsÑ 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 YearÓs 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 serviced by ÐcommercialÑ trash hauling service. MFDÓs are Page 30 of 40 Council Packet Page Number 119 of 252 J1, Attachment 4 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 CountyÓs Organics Recycling web page under the ÐAccepted itemsÑ 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 CityÓs 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 CityÓs RFP. Service Areas Geographic areas of the City with specified day-certain schedule for recycling and trash collection services. Also referred to as Ðcollection zonesÑ. (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. Trash The mixed municipal solid waste from residential homes as Page 31 of 40 Council Packet Page Number 120 of 252 J1, Attachment 4 covered by this Agreement. (Note: This RFP packet also uses the term ÐTrashÑ 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 Ð20-gallon service levelÑ as per the RFP and the ContractorÓs 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 ÐOpt InÑ Single-Family Dwellings, may ÐOpt InÑ to the CityÓs 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 ContractorÓs 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 ContractorÓs costs of collection operations and yard waste disposal tipping fees paid by the Contractor at the specified yard waste facility. Page 32 of 40 Council Packet Page Number 121 of 252 J1, Attachment 4 Appendix B Map of Trash Service Areas Page 33 of 40 Council Packet Page Number 122 of 252 J1, Attachment 4 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 ContractorÓs systems reporting, the Contractor will be able to collect the following information: CustomerÓs current trash cart size CustomerÓs 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 ContractorÓs customer service representative checks the residentÓs 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 ContractorÓs 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 ContractorÓs 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 CityÓs cart manufacturer. Based on this information, the CityÓs cart manufacturer will notify the Contractor if the cart is covered 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 Page 34 of 40 Council Packet Page Number 123 of 252 J1, Attachment 4 6. The ContractorÓs 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 JanuaryÓs 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 CityÓs 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 ContractorÓs 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 ContractorÓs bi-monthly billing. Page 35 of 40 Council Packet Page Number 124 of 252 J1, Attachment 4 Appendix D Trash Education Tags Page 36 of 40 Council Packet Page Number 125 of 252 J1, Attachment 4 Page 37 of 40 Council Packet Page Number 126 of 252 J1, Attachment 4 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 CityÓs 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 38 of 40 Council Packet Page Number 127 of 252 J1, Attachment 4 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) Disposal Costs for Trash Carts: Disposal charges related to the cost of Trash tipping fees at the R&E Center shall be itemized on residentÓs 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 BoardÓs 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) 1/1/20 to 12/31/20 Trash Service Level 12 months Mini (20-gallon), Every Other Week (EOW): $0.87 Mini (20-gallon), Weekly: $1.74 Small (32-gallon) Weekly: $2.79 Medium (65-gallon), Weekly: $5.58 Large cart (95-gallon), Weekly: $8.37 Extra Bags of Trash and Extra Trash Cart: ($ 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 6 12 12 12 12 12 Extra Trash Service Type months months months months months months Overflow bag of Trash $6.00 $6.24 $6.49 $6.75 $7.02 $7.30 ($ per overflow bag) Extra Trash Cart $6.00 $6.24 $6.49 $6.75 $7.02 $7.30 ($ per dwelling unit per month)* *Extra trash cart fee + appropriate disposal price by cart size Page 39 of 40 Council Packet Page Number 128 of 252 J1, Attachment 4 ($ per Single-Family Dwelling per month) 1/1/2025 1/1/2026 1/1/2027 through through through 12/31/2026 12/31/2026 6/30/2027 (collection (collection (collection rate) Service Level rate) rate) Overflow bag of Trash ($ per bag) $7.30 $7.67 $8.05 Extra Trash Cart ($ per dwelling unit $7.30 $7.67 $8.05 per month) Trash Cart Exchange/Replacement Delivery Fee: 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 ($25) per exchange. No annual adjustments are allowed for this fee. Bulky Waste Item Pricing: All Prices are in units of "$ per item." Prices include collection and disposal or processing only. Prices are set for the term of the Agreement. This list is intended as a general guide of the types of Bulky Items to be collected. It is not intended to be an exhaustive list of all potentially Bulky Items eligible for collection under the new Agreement. Rather, these items represent the size and general handling characteristics as examples under each price category. The City or Contractor may request amendments to this list from time to time. Per-Item Fee Bulky Item Collections Appliance (without Freon) = $35 Per Item Appliance (with Freon) = $35 Per Item Bathtub (cast iron) = $35 Per Item Bathtub (Steel or Fiberglass) = $20 Per Item Bed Î Headboard/Footboard = $20 Per Item Bed Frame = $20 Per Item Bookcase = $20 Per Item Couch = $35 Per Item Couch w/ hide-a-bed = $35 (mattress is separate item) Per Item Desk = $35 Per Item Dining Room Table = $35 Per Item Dresser = $20 Per Item Electronics = $35 (TV under 27Ñ) Per Item End Table = $20 Per Item Grill Charcoal = $35 Per Item Grill Gas (no propane tanks) = $35 Per Item Hutch = $35 Per Item Kitchen Chair = $10 Per Item Kitchen Table = $35 Per Item Lawnmower/ Snowblower = $35 Per Item (Liquids must be drained) Page 40 of 40 Council Packet Page Number 129 of 252 J1, Attachment 4 Loveseat = $35 Per Item Mattress/ Box Spring = $35 Per Item Office chair = $10 Per Item Recliner/ EZ chair = $20 Per Item Roll of Carpet = $35 (per room) (average room size 12 feet x12 Per Item feet) 5 feet max length; cut and rolled Tire = $10 Per Item Tire with Rim = $20 Per Item Toilet = $10 without tank $20 with tank Per Item Other Items (specify) = $$20 Surcharge: TVs Larger than 26-inch Per Item screen, console TVs, and rear-projectors Prices indicated below will be for the term of this Contract extension. Per-Item Fee Bulky Item Collections Appliance (without Freon) = $37 Per Item Appliance (with Freon) = $37 Per Item Bathtub (cast iron) = $37 Per Item Bathtub (Steel or Fiberglass) = $21.50 Per Item Bed Î Headboard/Footboard = $21.50 Per Item Bed Frame = $21.50 Per Item Bookcase = $21.50 Per Item Couch = $37 Per Item Couch w/ hide-a-bed = $37 (mattress is separate item) Per Item Desk = $37 Per Item Dining Room Table = $37 Per Item Dresser = $21.50 Per Item Electronics = $37 (TV under 27Ñ) Per Item End Table = $21.50 Per Item Grill Charcoal = $37 Per Item Grill Gas (no propane tanks) = $37 Per Item Hutch = $37 Per Item Kitchen Chair = $10.75 Per Item Kitchen Table = $37 Per Item Lawnmower/ Snowblower = $37 Per Item (Liquids must be drained) Loveseat = $37 Per Item Mattress/ Box Spring = $37 Per Item Office chair = $10.50 Per Item Recliner/ EZ chair = $21.50 Per Item Roll of Carpet = $37 (per room) (average room size 12 feet x12 Per Item 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) = $21.50 Surcharge: TVs Larger than 26-inch Per Item screen, console TVs, and rear-projectors Page 41 of 40 Council Packet Page Number 130 of 252 J1, Attachment 4 Fall Clean Up Campaign Pricing During the first four full weeks of October of every year the Contractor will reduce the bulky item rates by twenty (20) percent. The Contractor will update their Maplewood-specific web page to inform residents of the bulky item discount during the Fall Clean Up Campaign. Seasonal Yard Waste Collection Service: Seasonal Yard Waste prices include all collection and Yard Waste disposal/composting facility tipping fees. (No annual fuel adjustments on any Yard Waste fees.) ($ per Single-Family Dwelling per year) 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 6 Seasonal Yard Waste 12 months 12 months 12 months 12 months Subscription Service Option months months Large cart (95-gallon) plus five (5) overflow compostable bags, $120.00 $124.80 $129.80 $134.98 $140.38 $146.00 weekly (April Î November): For each additional $3.00 $3.12 $3.24 $3.37 $3.51 $3.65 compostable bag, weekly 1/1/2025 1/1/2026 1/1/2027 Seasonal Yard Waste Subscription through through through Service Option 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 ÐOn-CallÑ (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 42 of 40 Council Packet Page Number 131 of 252 J1, Attachment 5 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) Council Packet Page Number 132 of 252 J1, Attachment 5 Table of Contents Table of Contents..................................................................................................................i Appendices...............................................................................................................................iii 1.INTRODUCTION.................................................................................................................1 2.DEFINITIONS.....................................................................................................................1 3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS..................................................1 Eligible Household Count....................................................................................................2 Term of Contract.................................................................................................................2 Extension Options...............................................................................................................2 This Agreement Takes Precedent over RFP and Contractor’s Proposal...........................3 Reports................................................................................................................................3 3.5.1.Monthly Reports...................................................................................................3 3.5.2.Annual Reports.....................................................................................................3 Five Year Implementation Plan...........................................................................................4 Annual Work Plan...............................................................................................................4 Annual Performance Review...............................................................................................5 Public Education Information for Eligible Households........................................................5 City Shall Approve All Contractor Public Education Tools..................................................6 Missed Collections..............................................................................................................6 Postpone Trash Collection..................................................................................................6 Collection Hours and Days..................................................................................................7 Designated Contact Person................................................................................................7 Customer Complaints and Call Center Service ..................................................................7 Accuracy of Call Center Responses...................................................................................8 Weighing of Loads..............................................................................................................8 Scavenging Prohibited........................................................................................................8 Cleanup of Spillage or Blowing Litter..................................................................................8 Disposal and Recovery at Licensed and Permitted Facilities Only.....................................9 Designated Disposal Facilities for Trash.............................................................................9 Recovery or Disposal of Yard Waste and Bulky Items.......................................................9 Vehicle Requirements.........................................................................................................9 Vehicle Inspections...........................................................................................................10 Personnel Requirements...................................................................................................10 Litter Pickup......................................................................................................................11 Truck Fluid Leaks or Spills................................................................................................11 Safety................................................................................................................................11 Truck and Driver Licenses and Permits............................................................................11 Performance Monitoring....................................................................................................11 Liquidated Damages.........................................................................................................12 Accommodations for Road and Other Construction Projects...........................................14 Ownership of Trash...........................................................................................................14 Equipment.........................................................................................................................14 4.TRASH COLLECTION REQUIREMENTS........................................................................14 Summary Scope of Services.............................................................................................14 Collection Day Service Areas...........................................................................................14 Trash Service Levels.........................................................................................................14 Trash Carts.......................................................................................................................15 4.4.1.Cart Management after Cancellation of Trash Service......................................15 Page i Council Packet Page Number 133 of 252 J1, Attachment 5 Same Day Collections with Recycling Service Areas.......................................................15 Point of Collection.............................................................................................................15 Collection Schedule Deadline...........................................................................................16 Trucks Shall Be Equipped with Automatic Lifters.............................................................16 Trucks Shall Be Equipped with Wind Screens..................................................................16 Trucks May Be Equipped with RFID Data Management Systems...................................16 Procedure for Handling Prohibited Materials....................................................................16 Damage to Pavement.......................................................................................................17 5.YARD WASTE COLLECTION REQUIREMENTS............................................................17 Voluntary Yard Waste Subscription Service .....................................................................17 Yard Waste Cart Requirements........................................................................................17 Base Yard Waste Service Level and Allowed Overflow Amounts....................................17 Scheduled Months for Yard Waste Collection Service.....................................................17 6.BULKY ITEM COLLECTION REQUIREMENTS...............................................................18 Special Bulky Items Collection..........................................................................................18 7.OTHER COLLECTION SERVICE REQUIREMENTS.......................................................18 Separate Christmas Tree Collection Service....................................................................18 Food Scraps Pickup Program...........................................................................................18 Municipal Facilities Collection Requirements....................................................................18 8.BILLING FOR SERVICES ................................................................................................. 19 Trash Collection Fee.........................................................................................................19 Pay As You Throw Price Schedule...................................................................................19 Additional Trash Cart Price...............................................................................................19 Additional Overflow Trash Bag Price................................................................................19 Trash Disposal Fees.........................................................................................................19 Trash Disposal Fee Adjustments......................................................................................20 Trash Cart Exchange/Replacement Delivery Fee.............................................................20 Yard Waste Removal Fee................................................................................................. 20 Yard Waste Overflow Fee................................................................................................. 20 Special Bulky Items Fee....................................................................................................21 Spring Clean Up Event Fee..............................................................................................21 Fall Clean Up Campaign...................................................................................................21 Electronic Waste Fee........................................................................................................21 Other Bulky Items Fee......................................................................................................21 Credits for Extended Vacations ........................................................................................22 Bad Debt / Delinquent Accounts.......................................................................................22 9.INSURANCE AND OTHER LEGAL REQUIREMENTS....................................................22 Insurance ..........................................................................................................................22 Workers Compensation Insurance ....................................................................................23 Commercial General Liability Insurance...........................................................................23 Commercial Automobile Liability Insurance......................................................................23 Transfer of Interest............................................................................................................23 Non-Assignment and Bankruptcy.....................................................................................24 Dispute Resolution and Arbitration Procedures................................................................24 Performance Bond............................................................................................................24 General Compliance.........................................................................................................24 Independent Contractor....................................................................................................24 Hold Harmless...................................................................................................................25 Accounting Standards.......................................................................................................25 Retention of Records........................................................................................................25 Page ii Council Packet Page Number 134 of 252 J1, Attachment 5 Data Practices...................................................................................................................25 Inspection of Records.......................................................................................................25 Applicable Law..................................................................................................................26 Agreement Termination.....................................................................................................26 Employee Working Conditions and Contractor’s Safety Procedures ................................26 Agreement Amendments..................................................................................................26 Wavier of Claims...............................................................................................................26 Appendices Appendix A Definitions........................................................................................................28 Appendix B Map of Trash Service Areas............................................................................32 Appendix C Trash and Yard Waste Cart Management Plan...............................................33 Appendix D Trash Education Tags......................................................................................35 Appendix E Rates...............................................................................................................37 Page iii Council Packet Page Number 135 of 252 J1, Attachment 5 1. INTRODUCTION This Amended and Restated Agreement is made this day ____________, 2024, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Allied Waste Services of North America, LLC 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 collection 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 Council Packet Page Number 136 of 252 J1, Attachment 5 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 Collection contract, but can opt into the City’s Trash contract. 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 Trash contract, 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 counts and agree on the new number. The City may use City construction permits, utility bills, and property tax 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 writingby 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 aperiod 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 Council Packet Page Number 137 of 252 J1, Attachment 5 This Agreement Takes Precedent over RFP 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. Reports 3.5.1.Monthly 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 eachCity 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 agree on mutually acceptable data report formats (e.g., Microsoft Word and/or Excel spreadsheet documents). 3.5.2.Annual 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. Page 3 of 40 Council Packet Page Number 138 of 252 J1, Attachment 5 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. 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 reportformats (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 Page 4 of 40 Council Packet Page Number 139 of 252 J1, Attachment 5 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. 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 reference as 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 annualmeeting 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’s Trash 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 listof 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. Page 5 of 40 Council Packet Page Number 140 of 252 J1, Attachment 5 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. The Contractor will work with the City to ensure customer service and public education are availablein Spanish and Hmong where feasible. 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 Trash 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 ofa 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 whenthe Contractor provided service, it is not deemed a “missed Collection”. Postpone Trash Collection Afteradequate notice 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 coordinate the postponement of collections with the City and the Recycling Contractor to the extent possible. 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. Page 6 of 40 Council Packet Page Number 141 of 252 J1, Attachment 5 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, theCity 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 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 Beverly Mathiasen, Municipal Services Manager, and the alternate contact person will be Justin Salo,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 Complaints and 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 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 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. Page 7 of 40 Council Packet Page Number 142 of 252 J1, Attachment 5 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 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 toask 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 anapproved 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 Collection by 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 interfereswith 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 Page 8 of 40 Council Packet Page Number 143 of 252 J1, Attachment 5 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 responsible for 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 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 Trash collected 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 Agreement will 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 Trash disposal 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. Page 9 of 40 Council Packet Page Number 144 of 252 J1, Attachment 5 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 regularly, in proper working order and be as clean and free ofoffensive 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 fornormal 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 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 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. Page 10of 40 Council Packet Page Number 145 of 252 J1, Attachment 5 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 shallsubmit 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 sole authority to determine if the cleaning and/orproperty 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, 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 theCity 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. Substandardperformance 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. Page 11of 40 Council Packet Page Number 146 of 252 J1, Attachment 5 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. 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 Contractorthat 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 arelisted 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 Contractorstipulate 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 procedureset out in this Section or after good faith discussions with the Contractor’s designated contactperson, may assess Page 12of 40 Council Packet Page Number 147 of 252 J1, Attachment 5 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. 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 Trash disposal – two hundred fifty dollars ($250) per incident. G. Making changes to the Collection and Disposal systems prior to receiving City approval to implement any such change – 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 hundred dollars ($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. 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. Page 13 of 40 Council Packet Page Number 148 of 252 J1, Attachment 5 Accommodations for 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 itsaccustomed 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 ormodified 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 theTrash 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). 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 Collectionwill continue 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. Page 14of 40 Council Packet Page Number 149 of 252 J1, Attachment 5 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 Trash in approved wheeled Trash carts, 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 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 Plan set 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 sets up 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 Week service. 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 Trash Collectionservice 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. Page 15of 40 Council Packet Page Number 150 of 252 J1, Attachment 5 B. Alley collections for the few, designated blocks that do not have adequate access to curbside Trash Collectionservice 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 Trash will 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 Manager or his/her designated alternate. 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. Trucks Shall 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 Trash carts 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 Prohibited Materials 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 Trash cart 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 ispresent 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, Page 16of 40 Council Packet Page Number 151 of 252 J1, Attachment 5 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 damages to 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. 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 fill their 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. Page 17of 40 Council Packet Page Number 152 of 252 J1, Attachment 5 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. 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. Food Scraps Pickup Program The City is participating in Ramsey and Washington Counties’ Food Scraps Pickup Program, which allows county participants to collect and disposeof 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 be collected shallfollow the Food Scraps Pickup Program's list of accepted material. The City trash collection 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 Street East. I.Maplewood Nature Center – 2659 7 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). Page 18of 40 Council Packet Page Number 153 of 252 J1, Attachment 5 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 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 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 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 schedule, the City shall propose adjustments to the trash disposal fees. The trash collection feeswill be as contained in Appendix E – Rates throughout the term of the contract. Additional Trash Cart Price The additional Collectionprice for each additional Trash cart 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 Trash iscontained in Appendix E. This additional overflow Trash bag 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 19of 40 Council Packet Page Number 154 of 252 J1, Attachment 5 Trash Disposal Fee Adjustments The Trashdisposal costs in the Agreement will be adjusted annually to reflect changes in actual tipping fees. The actual 2020 tipping fee at the Trash disposal facility will be defined as the benchmark year disposal price. The Contractor’s Trashdisposal 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 Removal Fee 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 fuel adjustments 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 be fixed for the term of this Agreement without any annual adjustments (e.g., no annual fuel adjustments on Yard Waste Removal Fees). Page 20of 40 Council Packet Page Number 155 of 252 J1, Attachment 5 Special Bulky Items Fee The price per Collectionoccurrence for Bulky Items that require special processing is containedin Appendix 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 during the 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 21of 40 Council Packet Page Number 156 of 252 J1, Attachment 5 Credits for Extended Vacations Residents shall be given credit on their next Trash bill 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 becarefully 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 one monthpast due. The Contractor may impose a $5.00 per month flat administrative service fee for delinquent accounts. If delinquent accounts have 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 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 been assessed 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 securedby 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. The Contractor and its sub-contractors shall secure and maintain the following insurance as itemized below. Page 22of 40 Council Packet Page Number 157 of 252 J1, Attachment 5 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 that result 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 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. 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 $5,000,000per 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. Transfer of Interest The Contractor shall not assign any interest in the Agreement, and shall not transferany 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 23of 40 Council Packet Page Number 158 of 252 J1, Attachment 5 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 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 shallbesubject 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 claims that might arise, including worker's compensation claims under the Worker's 1 For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123 Page 24of 40 Council Packet Page Number 159 of 252 J1, Attachment 5 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 of the services providedby 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 Contractoragrees 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 Trash Collections) 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 25of 40 Council Packet Page Number 160 of 252 J1, Attachment 5 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 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. 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 26of 40 Council Packet Page Number 161 of 252 J1, Attachment 5 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 27 of 40 Council Packet Page Number 162 of 252 J1, Attachment 5 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 within the trash cart. Bulky items include (but are not limited Page 28 of 40 Council Packet Page Number 163 of 252 J1, Attachment 5 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 serviced by “commercial” trash hauling service. MFD’s are Page 29 of 40 Council Packet Page Number 164 of 252 J1, Attachment 5 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. Trash The mixed municipal solid waste from residential homes as Page 30 of 40 Council Packet Page Number 165 of 252 J1, Attachment 5 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 paid by the Contractor at the specified yard waste facility. Page 31 of 40 Council Packet Page Number 166 of 252 J1, Attachment 5 Appendix B Map of Trash Service Areas Page 32 of 40 Council Packet Page Number 167 of 252 J1, Attachment 5 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 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 Page 33 of 40 Council Packet Page Number 168 of 252 J1, Attachment 5 6.TheContractor’sOperations 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 15an 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 34 of 40 Council Packet Page Number 169 of 252 J1, Attachment 5 Appendix D Trash Education Tags Page 35 of 40 Council Packet Page Number 170 of 252 J1, Attachment 5 Page 36 of 40 Council Packet Page Number 171 of 252 J1, Attachment 5 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 to1/1/23 to 1/1/24 to 1/1/25 to 12/31/20 12/31/21 12/31/2212/31/23 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 37 of 40 Council Packet Page Number 172 of 252 J1, Attachment 5 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) 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. Trash disposal prices 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. Extra Bags of Trash and Extra Trash Cart: ($ per Single-Family Dwelling per month) 1/1/2025 1/1/2026 1/1/2027 through through through 12/31/2026 12/31/2026 6/30/2027 (collection (collection (collection rate) Service Level rate) rate) Overflow bag of Trash ($ per bag) $7.30 $7.67 $8.05 Extra Trash Cart ($ per dwelling unit $7.30 $7.67 $8.05 per month) Trash Cart Exchange/Replacement Delivery Fee: 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 ($25) per exchange. No annual adjustments are allowed for this fee. : Bulky Waste Item Pricing All Prices are in units of "$ per item." Prices include collection and disposal or processing only. Prices are set for the term of the Agreement. This list is intended as a general guide of the types of Bulky Items to be collected. It is not exhaustive list of all potentially Bulky Items eligible for collection under the intended to be an new Agreement. Rather, these items represent the size and general handling Page 38 of 40 Council Packet Page Number 173 of 252 J1, Attachment 5 characteristics asexamplesundereach price category.TheCityor Contractor may request amendments to this list from time to time. Per-Item Fee Bulky Item Collections Appliance (without Freon) = $37 Per Item Appliance (with Freon) = $37 Per Item Bathtub (cast iron)= $37 Per Item Bathtub (Steel or Fiberglass) = $21.50 Per Item Bed – Headboard/Footboard = $21.50 Per Item Bed Frame = $21.50 Per Item Bookcase = $21.50 Per Item Couch = $37 Per Item Couch w/ hide-a-bed = $37 (mattress is separate item) Per Item Desk=$37Per Item Dining Room Table = $37 Per Item Dresser= $21.50 Per Item Electronics = $37 (TV under 27”) Per Item End Table = $21.50 Per Item Grill Charcoal = $37 Per Item Grill Gas (no propane tanks) = $37 Per Item Hutch = $37 Per Item Kitchen Chair = $10.75 Per Item Kitchen Table = $37 Per Item Lawnmower/ Snowblower = $37 Per Item (Liquids must be drained) Loveseat = $37 Per Item Mattress/ Box Spring = $37 Per Item Office chair = $10.50 Per Item Recliner/ EZ chair = $21.50 Per Item Roll of Carpet = $37 (per room) (average room size 12 feet x12 Per Item 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. Page 39 of 40 Council Packet Page Number 174 of 252 J1, Attachment 5 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.) 1/1/2025 1/1/2026 1/1/2027 Seasonal Yard Waste Subscription through through through Service Option12/31/202612/31/20266/30/2027 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 40 of 40 Council Packet Page Number 175 of 252 J1, Attachment 6 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) Council Packet Page Number 176 of 252 J1, Attachment 6 Table of Contents 1.INTRODUCTION ................................................................................................................. 1 2.DEFINITIONS ...................................................................................................................... 1 3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................. 1 Term of Contract ................................................................................................................. 1 Extension Options ............................................................................................................. 22 Annual Work Plan ............................................................................................................. 22 Annual Performance Review............................................................................................. 22 ÐSingle StreamÑ Recyclables Collection/Processing System ............................................ 22 Payment Terms ................................................................................................................. 33 3.6.1.Per Dwelling Unit Fee for Single-Family Dwellings ............................................ 33 3.6.2.Per Dwelling Unit Fee for Multiple-Family Dwellings .......................................... 33 3.6.3.Per Small Business and Church Fee ................................................................. 33 3.6.4.Count of Eligible Residential Dwelling Units and Small Businesses .................. 33 3.6.5.Recycling Cart Audit ........................................................................................... 44 RFP and ContractorÓs Proposal ........................................................................................ 44 Missed Collections ............................................................................................................ 44 Postpone Recycling Collections ........................................................................................ 44 Collection Hours and Days................................................................................................ 44 Designated Contact Person .............................................................................................. 55 Customer Complaints ........................................................................................................ 55 Accuracy of Call Center Responses ................................................................................. 55 City Retains Right to Specify Resident Preparation Instructions ...................................... 66 City Shall Approve ContractorÓs Public Education Literature ............................................ 66 3.15.1 Education Literature to Multi-Dwelling Unit Property Owners ............................ 77 Weighing of Loads ............................................................................................................ 77 Reports Monthly and Annual Reports ............................................................................... 77 3.17.1. Monthly Reports ................................................................................................. 77 3.17.2. Annual Report ..................................................................................................... 88 Ownership of Recyclables ................................................................................................. 99 Scavenging Prohibited ...................................................................................................... 99 Cleanup of Spillage or Blowing Litter ................................................................................ 99 Recyclable Materials Transported to Markets ................................................................... 99 Processing Facilities ......................................................................................................... 99 Estimating Materials Composition as Collected .............................................................. 109 Lack of Adequate Market Demand ............................................................................... 1010 Vehicle Requirements ................................................................................................... 1010 Trucks Shall Be Equipped with Wind Screens .............................................................. 1111 Trucks May Be Equipped with RFID Data Management Systems ............................... 1111 Personnel Requirements ............................................................................................... 1111 Truck Fluid Leaks or Spills ............................................................................................ 1211 Safety ............................................................................................................................ 1212 Licenses and Permits .................................................................................................... 1212 Performance Monitoring ................................................................................................ 1212 Liquidated Damages ..................................................................................................... 1312 4.Recycling Cart and Dumpster Purchasing Plan ....................................................... 1514 5.Recycling Cart and Dumpster Distribution and Management Plan ........................ 1515 Page i Council Packet Page Number 177 of 252 J1, Attachment 6 6.CURBSIDE COLLECTION REQUIREMENTS ............................................................. 1515 Weekly Collection .......................................................................................................... 1515 Point of Collection ......................................................................................................... 1515 Curbside Collection Schedule Deadline ........................................................................ 1615 Procedure for Handling Non-Targeted Materials .......................................................... 1616 6.4.1.On-Board Truck Cameras to Monitor Materials During Loading .................... 1616 6.4.2.Procedure for Unacceptable Materials ........................................................... 1616 Records of Non-Participants ......................................................................................... 1616 Public Education Information for Single Family Residents ........................................... 1616 7.MULTI-FAMILY COLLECTION REQUIREMENTS ...................................................... 1717 Multi-Family Dwellings Collection Stations ................................................................... 1717 7.1.1.Multi-Family Dwellings Container Location(s) ................................................ 1717 Multi-Family Dwellings Service Standards .................................................................... 1717 Multi-Family Dwellings Recycling Container Requirements.......................................... 1817 Responsibility for Maintaining Multi-Family Dwellings Recycling Containers ............... 1818 Public Education ........................................................................................................... 1818 7.5.1.Public Education Information for Tenants with Multi-Family Dwellings Recycling Service 1818 7.5.2.Other Public Education Tools to Residents with Multi-Family Dwellings Recycling Service 1918 Annual Report to Multi-Family Dwellings Building Owners ........................................... 1919 8.Municipal Facilities Collection Requirements .......................................................... 1919 Annual Report for City Facilities .................................................................................... 2020 9.INSURANCE AND OTHER LEGAL REQUIREMENTS ............................................... 2020 Insurance ...................................................................................................................... 2020 9.1.1.Workers Compensation Insurance ................................................................. 2020 Commercial General Liability Insurance ....................................................................... 2120 Commercial Automobile Liability Insurance .................................................................. 2121 Environmental Liability Insurance ................................................................................. 2121 Transfer of Interest ........................................................................................................ 2121 Non-Assignment and Bankruptcy ................................................................................. 2121 Dispute Resolution and Arbitration Procedures ............................................................ 2221 Performance Bond ........................................................................................................ 2222 General Compliance ..................................................................................................... 2222 Independent Contractor ................................................................................................ 2222 Hold Harmless ............................................................................................................... 2222 Accounting Standards ................................................................................................... 2323 Retention of Records .................................................................................................... 2323 Data Practices ............................................................................................................... 2323 Inspection of Records ................................................................................................... 2323 Applicable Law .............................................................................................................. 2323 Contract Termination ..................................................................................................... 2323 Employee Working Conditions and ContractorÓs Safety Procedures ............................ 2424 Agreement Amendments .............................................................................................. 2424 1.INTRODUCTION ................................................................................................................. 1 2.DEFINITIONS ...................................................................................................................... 1 3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................. 1 Page ii Council Packet Page Number 178 of 252 J1, Attachment 6 Term of Contract ................................................................................................................. 1 Extension Options ............................................................................................................... 2 Annual Work Plan ............................................................................................................... 2 Annual Performance Review............................................................................................... 2 ÐSingle StreamÑ 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 .................... 3 3.6.5.Recycling Cart Audit ............................................................................................. 4 RFP and ContractorÓs Proposal .......................................................................................... 4 Missed Collections .............................................................................................................. 4 Postpone Recycling Collections .......................................................................................... 4 Collection Hours and Days.................................................................................................. 4 Designated Contact Person ................................................................................................ 5 Customer Complaints .......................................................................................................... 5 Accuracy of Call Center Responses ................................................................................... 5 City Retains Right to Specify Resident Preparation Instructions ........................................ 6 City Shall Approve ContractorÓs Public Education Literature .............................................. 6 Weighing of Loads .............................................................................................................. 6 Monthly and Annual Reports ............................................................................................... 7 Ownership of Recyclables ................................................................................................... 7 Scavenging Prohibited ........................................................................................................ 7 Cleanup of Spillage or Blowing Litter .................................................................................. 7 Recyclable Materials Transported to Markets ..................................................................... 8 Processing Facilities ........................................................................................................... 8 Estimating Materials Composition as Collected .................................................................. 8 Lack of Adequate Market Demand ..................................................................................... 8 Vehicle Requirements ......................................................................................................... 9 Trucks Shall Be Equipped with Wind Screens .................................................................... 9 Trucks May Be Equipped with RFID Data Management Systems ..................................... 9 Personnel Requirements ..................................................................................................... 9 Truck Fluid Leaks or Spills ................................................................................................ 10 Safety ................................................................................................................................ 10 Licenses and Permits ........................................................................................................ 10 Performance Monitoring .................................................................................................... 11 Liquidated Damages ......................................................................................................... 11 4.Recycling Cart and Dumpster Purchasing Plan ........................................................... 13 5.Recycling Cart and Dumpster Distribution and Management Plan ............................ 13 6.CURBSIDE COLLECTION REQUIREMENTS ................................................................. 13 Weekly Collection .............................................................................................................. 13 Point of Collection ............................................................................................................. 14 Curbside Collection Schedule Deadline ............................................................................ 14 Procedure for Handling Non-Targeted Materials .............................................................. 14 6.4.1.On-Board Truck Cameras to Monitor Materials During Loading ........................ 14 6.4.2.Procedure for Unacceptable Materials ............................................................... 14 Records of Non-Participants ............................................................................................. 15 Public Education Information for Single Family Residents ............................................... 15 Page iii Council Packet Page Number 179 of 252 J1, Attachment 6 7.MULTI-FAMILY COLLECTION REQUIREMENTS .......................................................... 15 Multi-Family Dwellings Collection Stations ....................................................................... 15 7.1.1.Multi-Family Dwellings Container Location(s) .................................................... 16 Multi-Family Dwellings Service Standards ........................................................................ 16 Multi-Family Dwellings Recycling Container Requirements.............................................. 16 Responsibility for Maintaining Multi-Family Dwellings Recycling Containers ................... 16 Public Education ............................................................................................................... 17 7.5.1.Public Education Information for Tenants with Multi-Family Dwellings Recycling Service 17 7.5.2.Other Public Education Tools to Residents with Multi-Family Dwellings Recycling Service 17 Annual Report to Multi-Family Dwellings Building Owners ............................................... 17 8.Municipal Facilities Collection Requirements .............................................................. 17 Annual Report for City Facilities ........................................................................................ 18 9.INSURANCE AND OTHER LEGAL REQUIREMENTS ................................................... 18 Insurance .......................................................................................................................... 18 9.1.1.Workers Compensation Insurance ..................................................................... 19 Commercial General Liability Insurance ........................................................................... 19 Commercial Automobile Liability Insurance ...................................................................... 19 Environmental Liability Insurance ..................................................................................... 19 Transfer of Interest ............................................................................................................ 20 Non-Assignment and Bankruptcy ..................................................................................... 20 Dispute Resolution and Arbitration Procedures ................................................................ 20 Performance Bond ............................................................................................................ 20 General Compliance ......................................................................................................... 20 Independent Contractor .................................................................................................... 20 Hold Harmless ................................................................................................................... 21 Accounting Standards ....................................................................................................... 21 Retention of Records ........................................................................................................ 21 Data Practices ................................................................................................................... 21 Inspection of Records ....................................................................................................... 22 Applicable Law .................................................................................................................. 22 Contract Termination ......................................................................................................... 22 Employee Working Conditions and ContractorÓs Safety Procedures ................................ 22 Agreement Amendments .................................................................................................. 22 Page iv Council Packet Page Number 180 of 252 J1, Attachment 6 Appendices Appendix A Definitions ................................................................................................ 262624 Appendix B Map of Recycling Service Areas .............................................................. 292927 Appendix C Current List of Recyclable Materials ........................................................ 303028 Appendix D ContractorÓs Current Education Tag ........................................................ 313129 Appendix E Recycling Price Schedule ........................................................................ 323230 Page v Council Packet Page Number 181 of 252 J1, Attachment 6 1.INTRODUCTION This Amended and Restated Agreement is made ____________, 2024September 9, 2019, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the ÐCityÑ) and Tennis Sanitation, LLC (the ÐContractorÑ). WITNESSETH: WHEREAS, the City supports a comprehensive residential Recycling program and desires that high-quality Recycling services be available to all its residents; and WHEREAS, the City supports curbside Recycling from Single-Family Dwellings as part of an overall landfill abatement program; and WHEREAS, the City supports Multi-Family Dwelling Recycling services as another part of an overall landfill abatement program; and WHEREAS, Ramsey County has funding available for such residential Recycling services; and WHEREAS, the Contractor 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 Collection services: Single-Family Dwellings, Multi-Family Dwellings and City buildings & parks facilities. More detailed specifications about Collection frequencies, 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 Collection service operations will be a period from January 1, 2020 through 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. 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. Page 1 of 32 Council Packet Page Number 182 of 252 J1, Attachment 6 Extension Options Any extension will be subject to the CityÓs sole determination of the service and of the City residentsÓ 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. Annual Work Plan The Contractor shall submit an annual work plan proposal no later than November 1 for the upcoming calendar year to outline key priorities for system improvements. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan. The annual work plan shall be incorporated by reference as an amendment to this Agreement. Annual Performance Review Upon receipt of the ContractorÓs annual report, the City shall schedule an annual meeting with the Contractor. The objectives of this annual meeting will include, but not be limited to: Review ContractorÓs annual report, including trends in MaplewoodÓs Recycling recovery rates and participation rates. Efforts the Contractor has made to expand Recyclable Materials markets. Review ContractorÓs performance based on feedback from residents to the CityÓs Environment and Natural Resources (ENR) Commission, City Council, and City staff. Review ContractorÓs recommendations for improvement in the CityÓs 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 ContractorÓs service improvements. Discuss other opportunities for improvement within the remaining years under the current contract. ÑSingle StreamÒ Recyclables Collection/Processing System Single stream Recyclables Collection and processing system shall be the basic service system design for this contract. Under this single stream design, residents will be instructed to place all City-designated Recyclables into their Recycling Carts. Recycling carts will 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. In addition, residents may place clean, reusable textiles separate from other Recyclables in water-proof bags labeled ÐClothes and LinensÑ, in bags provided by the Contractor, or upon city approval, use a subcontractor for ÐClothes and LinensÑ who may provide a unique bag. Page 2 of 32 Council Packet Page Number 183 of 252 J1, Attachment 6 The Contractor shall not make any changes to the single stream Collection or 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 Fee for Single-Family Dwellings The City has determined there are 11,345 Single Family Dwelling accounts, which includes townhomes and manufactured homes that can be collected curbside. The Recycling Contractor will charge the City for curbside Collection services calculated by multiplying the number of Single-Family Dwelling units times the per unit fee per month by Contract year as contained in Appendix E Î Recycling Price Schedule.. This price includes all 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 are 4,206 Multi-Family Dwelling units currently served by the CityÓs Recycling program with centralized recycling stations. Payment to the Recycling Contractor shall be on the basis of Ð$ per Multi-Family Dwelling unit per monthÑ. The Multi-Family Dwelling unit price schedule by Contract year is contained in Appendix E Î Recycling Price Schedule. These prices include all 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 CityÓs recycling program if their recycling needs can be met by the CityÓs recycling program. Payment to the Recycling Contractor shall be on the basis of Ð$ per small business or church per month. Small business and church price schedule by Contract year is contained in Appendix E. 3.6.4. Count of Eligible Residential Dwelling Units and Small Businesses The City will provide a list of residential dwelling units and small businesses and churches eligible for Recycling Collection service by November 1 each year. The Contractor shall verify or propose changes to this City list and counts of dwelling units and small businesses Page 3 of 32 Council Packet Page Number 184 of 252 J1, Attachment 6 and churches by February 7th of each year, for the previous calendar year. Updated counts will be reflected in the ContractorÓs 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 7th of each year, for the previous calendar year. RFP and ContractorÔs Proposal The contents of the CityÓs Request for Proposal (RFP) for Recycling Services (dated May 20, 2019, and the ContractorÓs 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 Collection received after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed Collection before 4:00 p.m. on the following business day. Postpone Recycling Collections After adequate notice to the City, the Contractor may postpone collections due to severe weather or other causes outside the ContractorÓs reasonable control. The Recycling Contractor shall closely coordinate the postponement of collections with the City and the Trash Contractor to the extent possible. The Contractor shall coordinate sever weather service postponement announcements with the City. severe weather service postponement announcements with the City. Mixed messages shall not be broadcast to City residents. ÐSevere WeatherÑ shall include, but not be limited to, those cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the ContractorÓs staff or result in unsafe driving conditions. ÐOther causesÑ shall include, but not be limited to, those cases that occur beyond the ContractorÓs control preventing regular Collection of selected routes. If collections are postponed, the Contractor shall notify the City. Upon postponement, Collection will 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 to begin no sooner than 6 a.m. and shall be complete by 6 p.m. Furthermore, the City requires scheduled Collection days to be Monday through Friday, and agreed upon Saturdays during holiday weeks. The Contractor may request City approval of exceptions to these time and day requirements (e.g., pursuant to the ÐPostpone Recycling CollectionsÑ section). Page 4 of 32 Council Packet Page Number 185 of 252 J1, Attachment 6 The Contractor must request such exception from the CityÓs 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, 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 Collection complaints 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 Ðlive personÑ rather than a recording within an average of 1 minute of 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 voice mail 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 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 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 is 720 4 Street, Saint Paul Park, Minnesota 55071 and the telephone number is 651-459-1887. The Contractor shall also allow complaints to be made electronically. Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. Accuracy of Call Center Responses The City will produce a fact sheet containing frequently asked questions (ÐFAQsÑ) that are commonly received from residents about the Maplewood program. The FAQs fact sheet Page 5 of 32 Council Packet Page Number 186 of 252 J1, Attachment 6 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 ContractorÓs 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 ContractorÓs 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 representativesÓ responses will be provided back to the Contractor. City Retains Right to Specify Resident Preparation Instructions The City and the Contractor shall work together to clearly specify the resident sorting and setout requirements. The City shall publish and distribute, on an annual basis, the detailed Recyclable preparation instructions for Maplewood residents as part of its annual public education flyer. City Shall Approve ContractorÔs 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 shall be left by ContractorÓs Collection crews 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 ContractorÓs 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 per the public education elements of the annual work plan. The Contractor shall have Maplewood-specific content on its web site about the CityÓs Recycling program, including an active hyperlink to the CityÓs 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. Page 6 of 32 Council Packet Page Number 187 of 252 J1, Attachment 6 The Contractor will work with the City to ensure customer service and public education are available in Spanish and Hmong where feasible. 3.15.1 Education Literature to 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. The letters shall include the amount of recycling collected for the previous year and educational information on recycling. The City shall review and approve the letter format annually prior to mailing. Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, Collection route, vehicle number, tare weight, gross weight, net weight and number of Recycling stops for each loaded vehicle for 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 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 ContractorÓs 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 CityÓs 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 CityÓs Recycling program (e.g., public education, Multi- Family Recycling, etc.). 3.17.1. Monthly Reports The Contract 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). Page 7 of 32 Council Packet Page Number 188 of 252 J1, Attachment 6 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 ContractorÓs 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 CityÓs greenhouse gas assessment. 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: 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 ContractorÓs 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 CityÓs greenhouse gas assessment. 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 yearÓs study. Log of recycling weights from each City facility and park. Summary of how the previous yearÓs 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 Page 8 of 32 Council Packet Page Number 189 of 252 J1, Attachment 6 improvement in the CityÓs recycling program (e.g., public education, multi-dwelling unit recycling, etc.). Ownership of Recyclables Ownership of the Recyclables shall remain with the person placing them for Collection until ContractorÓs personnel physically touches them for Collection, at which time the ownership of the Recyclables shall transfer to the Contractor. Scavenging Prohibited All Recyclable Materials placed for Collection shall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them. Upon Collection of the designated Recyclable Materials by the Contractor, the Recyclable Materials become the property and responsibility of the Contractor. It is unlawful for any person other than the CityÓs Recycling Contractor or ownerÓs independent hauler to collect, remove, or dispose of designated Recyclables after the materials have been placed or deposited for Collection in the Recycling containers. The owner, ownerÓs employees, ownerÓs independent haulerÓs employees, or CityÓs Recycling ContractorÓs employees may not collect or scavenge through Recycling in any manner that interferes with the contracted Recycling services. 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 Collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated Recyclables shall be transported in a covered vehicle so that the Recyclables do not drop or blow onto any public street or private property during transport. Recyclable Materials Transported to Markets Upon Collection by the CityÓs Recycling Contractor, the Contractor shall deliver the designated Recyclables as outlined in Appendix C to a Recyclable Material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated Recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or use the Recyclables as fuel for waste to energy. Processing Facilities The Contractor shall assure the City that adequate Recyclable Material processing capacity will be provided for City material collected. The Contractor shall provide written notice to the City at least sixty (60) days in advance of any substantial change in plans for receiving and processing Recyclables collected from the City. Page 9 of 32 Council Packet Page Number 190 of 252 J1, Attachment 6 Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the CityÓs Recyclables during October of each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: 1. Percent by weight of each recyclable commodity by grade as collected from the City; 2. Relative change compared to the previous yearÓs 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 Collection ceases. The Contractor shall give the City as much notice as possible about the indications of such market condition changes. The City and Contractor shall agree on a date in a written 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 Recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the Recyclable Materials at a facility specified in writing by the City or an alternative 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 Recycling Collection 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. Page 10 of 32 Council Packet Page Number 191 of 252 J1, Attachment 6 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 ÐThis vehicle makes frequent stopsÑ. 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 ContractorÓs automatic side loading truck dumping hoppers must be outfitted with wind screens or shields to minimize wind-blown litter when tipping the carts. Trucks May Be Equipped with RFID Data Management Systems The ContractorÓs 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 Recycling carts when the carts are emptied in the ContractorÓs trucks as a means to count Recycling 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. Personnel Requirements The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. The ContractorÓs 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 Recycling carts and 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 be responsible 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. Page 11 of 32 Council Packet Page Number 192 of 252 J1, Attachment 6 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 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 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 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) Recycling collection operations. 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 and licenses 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 CityÓs Solid Waste Management Standards. The City reserves the right to inspect the ContractorÓs vehicles or reports of facility inspections conducted by other agencies at any time during normal business hours for compliance with this Agreement, 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. Page 12 of 32 Council Packet Page Number 193 of 252 J1, Attachment 6 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, ContractorÓs 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 communicate on 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. 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. Page 13 of 32 Council Packet Page Number 194 of 252 J1, Attachment 6 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 Î fifty dollars ($50) per incident. B. Failure to collect properly notified missed collections Î two hundred and fifty dollars ($250) per incident. C. Failure to provide monthly and annual reports Î one hundred dollars ($100) per incident. D. Failure to complete the collections within the specified timeframes without proper notice to the city Î one hundred dollars ($100) per incident. E. Failure to clean up from spills during Collection operations Î two hundred fifty dollars ($250) per incident. F. Failure to report on changes in location of Recyclable processing operations Î 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 CityÓs Recyclables Î one thousand dollars ($1000) per incident. H. Making changes to the Collection and Processing systems prior to receiving City approval to implement any such change Î five thousand dollars ($5,000) per incident. I. Failure to conduct and report results of the annual composition analysis Î 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 Î 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 Î two-thousand dollars ($2,000) per incident. L. Failure to accurately answer a residentÓs question to the ContractorÓs customer service call center Î one-hundred dollars ($100) per incident. M. Failure to correct substandard performance after being notified by the City Î 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. Page 14 of 32 Council Packet Page Number 195 of 252 J1, Attachment 6 4. Recycling Cart and Dumpster Purchasing Plan If the City elects to purchase Recycling carts and dumpsters for the CityÓs Recycling program, the City shall develop a cart and dumpster purchasing plan and schedule in coordination with the Contractor. The Contractor shall review and comment on this cart and dumpster purchasing plan. 5. Recycling Cart and Dumpster Distribution and Management Plan If the City elects to purchase Recycling carts and dumpsters for the CityÓs 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. 6. CURBSIDE COLLECTION REQUIREMENTS The following Collection requirements in this section are for curbside Recycling services 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 Recycling Materials weekly from the authorized curbside Recycling carts. 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 Collection days (with the exception of curbside Collection on Saturdays within agreed-upon Ðholiday weeksÑ). 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 ÐWalk-UpÑ 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. ÐWalk-upÑ service may also be provided to residents on an on-call basis. Residents that do not have physical limitations and request ÐWalk-UpÑ service must pay the Contractor a fee per collection event as outlined in the Appendix E. Residents must schedule such paid ÐWalk-UpÑ service in advance any time before 9:00 a.m. the morning prior to the ÐWalk-UpÑ service day and provide payment via credit card at that time. Page 15 of 32 Council Packet Page Number 196 of 252 J1, Attachment 6 Curbside Collection Schedule Deadline If the Contractor determines that the Collection of Recyclables will not be completed by 6:00 p.m. on the scheduled Collection day, the Contractor shall notify the City by 3:30 p.m. that same day and request an extension of the Collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the CityÓs 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 Ðeducation tagÑ indicating acceptable materials and the proper method of preparation. 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 household has set out significant amounts of unacceptable materials or a hazardous item, the driver shall use the following procedures. If the unacceptable materials have been tipped into the collection truck, the driver shall make a note of the issue in the ContractorÓs 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 contamination three consecutive weeks in a row, the Contractor will work to verify the accuracy of the address recorded in the tracking system and then shall notify the City who 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 participate in curbside recycling. All non-participating addresses shall be reported to the City as part of the ProviderÓs monthly reports. The Contractor may make recommendations for improving this method and procedure for 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 Page 16 of 32 Council Packet Page Number 197 of 252 J1, Attachment 6 bulk mail delivery. The flyer will include an annual calendar specifying holiday Collection days. Education tags to be left by ContractorÓs Collection crews 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 design of 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. 7. MULTI-FAMILY COLLECTION REQUIREMENTS The following Collection requirements are for Multi-Family Dwellings Recycling services only and do not pertain to curbside Recycling services from Single-Family Dwellings. Consistent with City ordinance, Multi-Family Dwellings building owners must use the CityÓs Recycling Contractor to provide Recycling services and the Contractor will work with the City to ensure all multi-family dwellings are serviced with recycling collection through the CityÓs recycling contract. Multi-Family Dwellings Collection Stations Multi-Family Dwellings Recycling stations will be specified with approval of the Multi-Family Dwellings building owner on a case-by-case basis. Multi-Family Dwellings Recycling stations will likely be a cluster of Recycling carts or Recycling dumpsters. 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 not currently served under the City Recycling Contract. The number and location of Multi-Family Dwellings Recycling stations 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 Recycling containers shall be placed in a location(s) on the Multi- Family Dwellings premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic. Recycling containers must also comply with the CityÓs zoning and other ordinances. Multi-Family Dwellings Service Standards At a minimum, Multi-Family Dwellings Collection services shall be available on the premises and shall be provided on a regularly scheduled weekly basis, or as the City and Contractor Page 17 of 32 Council Packet Page Number 198 of 252 J1, Attachment 6 agree is adequate. The Collection schedule and Recycling containersÓ capacity shall provide for regular removal of the Recyclables such that there is adequate storage capacity available in the Recyclable containers to avoid overflowing containers. Multi-Family Dwellings Recycling Container Requirements Adequate Multi-Family Dwellings Recycling carts and dumpsters shall be provided 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 Recycling containers for Multi-Family Dwellings buildings shall be: A. Sufficient in number and size to meet the demands for Recycling services created by the occupants. B. Equipped with hinged lids. C. Equipped with standardized labels approved by the City, attached to the lid and the front of the carts and dumpsters, and which identify the type of Recyclable Material 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 Recycling carts and dumpsters shall be rolled-out and maintained by the CityÓs 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. Public Education Information for Tenants with Multi-Family Dwellings Recycling Service At least once per year, the City Ós Recycling Contractor shall supply the Multi-Family Dwellings building owner with the sufficient number of Recycling fact sheets with instructions for the tenants in their building(s). The information should specifically address Multi-Family Dwellings Recycling service, 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. Page 18 of 32 Council Packet Page Number 199 of 252 J1, Attachment 6 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 Dwellings Building Owners th The CityÓs Contractor shall provide an annual report by February 7 of each year, for the previous calendar year, to the Multi-Family building owners served by the CityÓs 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. 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 Î 1830 County Road B East. B. Public Works Building Î 1902 County Road B East. C. Park & Recreation Maintenance Building Î 1810 County Road B East. D. Fire Station One Î 1177 Century Avenue North. E. Fire Station Two Î 1955 Clarence Street. F. Fire Station Three Î 1530 County Road C. G. Fire Training Facility Î 1881 Century Avenue North. H. Maplewood Community Center Î 2100 White Bear Avenue. th I. Maplewood Nature Center Î 2659 7 Street East. The contractor shall provide, at no charge, Collection services at the following parks: A. Wakefield Park, 1590 Frost Avenue (April Î October). Page 19 of 32 Council Packet Page Number 200 of 252 J1, Attachment 6 B. Harvest Park, 2561 Barclay Street (April Î October). C. Goodrich Park, 1980 North St. Paul Road (April Î October). D. Afton Heights Park, 63 North Sterling Street (April Î October). E. Hazelwood Park, 1663 County Road C (Special event only on the Fourth of July). F. Bruentrup Heritage Farm Î 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. Annual Report for City Facilities th The CityÓs Contractor shall provide an annual report by February 7 of each year, for the previous calendar year, to the City Facilities served by the CityÓs Contractor. The report shall contain, at a minimum, the following information: A. Name of City Facility and address. B. Description of Collection services 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 the following insurance. 9.1.1. Workers Compensation Insurance Workers compensation insurance shall meet the statutory obligations with Coverage B - employerÓs liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. Page 20 of 32 Council Packet Page Number 201 of 252 J1, Attachment 6 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. 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 Recycling services 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 contractual rights and obligations. Page 21 of 32 Council Packet Page Number 202 of 252 J1, Attachment 6 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 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 This Agreement specifies requirements for a performance bond in the case of the ContractorÓs 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. 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 Calculator produced 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 to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this 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 1 For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123 Page 22 of 32 Council Packet Page Number 203 of 252 J1, Attachment 6 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 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. 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 ContractorÓs unlawful disclosure or use of data protected under state and federal laws. All proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 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 Page 23 of 32 Council Packet Page Number 204 of 252 J1, Attachment 6 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 ContractorÔs 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. 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 24 of 32 Council Packet Page Number 205 of 252 J1, Attachment 6 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 25 of 32 Council Packet Page Number 206 of 252 J1, Attachment 6 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 ContractorÓs proposal in response to the RFP, and the ContractorÓs 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 CityÓ (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 (SFDÓs) 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 CityÓs service Contractor under the Recycling Services Agreement. (Note: In the RFP, the use of the singular ÐContractorÑ form may be implied to be plural ÐContractorsÑ 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 Page 26 of 32 Council Packet Page Number 207 of 252 J1, Attachment 6 Saturday, of which Saturday will be agreed upon by the City. Holidays Holidays refers to any of the following: New YearÓs 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 CityÓs RFP. Service Areas Geographic areas of the City with specified day-certain schedule for recycling and trash collection services. Also referred to as Ðcollection zonesÑ. (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. Page 27 of 32 Council Packet Page Number 208 of 252 J1, Attachment 6 (Note: This contract also uses the term ÐTrashÑ services to refer to the family of solid waste collection services 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 28 of 32 Council Packet Page Number 209 of 252 J1, Attachment 6 Appendix B Map of Recycling Service Areas Page 29 of 32 Council Packet Page Number 210 of 252 J1, Attachment 6 Appendix C Current List of Recyclable Materials Recyclable materials included as part of the cityÓs 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 30 of 32 Council Packet Page Number 211 of 252 J1, Attachment 6 Appendix D ContractorÓs Current Education Tag Page 31 of 32 Council Packet Page Number 212 of 252 J1, Attachment 6 Appendix E Recycling Price Schedule Page 32 of 32 Council Packet Page Number 213 of 252 J1, Attachment 6 Recyclable Service from SFDs and MFDs: ($ per dwelling unit per month) 7/1/2025 1/1/2026 1/1/2027 through through through Service 12/31/2025 12/31/2026 6/30/2027 Single Dwelling Units $5.25 $5.60 $5.95 (SDU) Multi-Dwelling Units $5.25 $5.60 $5.95 (MDU) Small Business and $5.25 $5.60 $5.95 Church (two 95-gallon carts collected once per week) ($ 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 CityÓs 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 33 of 32 Council Packet Page Number 214 of 252 J1, Attachment 6 2) Each additional 95 gallon recycling cart after the first two carts as outlined above Î 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 CityÓs 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 Î 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 34 of 32 Council Packet Page Number 215 of 252 J1, Attachment 7 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) Council Packet Page Number 216 of 252 J1, Attachment 7 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....................3 3.6.5.Recycling Cart Audit.............................................................................................4 RFP and Contractor’s Proposal..........................................................................................4 Missed Collections..............................................................................................................4 Postpone Recycling Collections..........................................................................................4 Collection Hours and Days..................................................................................................4 Designated Contact Person................................................................................................5 Customer Complaints..........................................................................................................5 Accuracy of Call Center Responses...................................................................................5 City Retains Right to Specify Resident Preparation Instructions........................................6 City Shall Approve Contractor’s Public Education Literature..............................................6 3.15.1Education Literature to Multi-Dwelling Unit Property Owners..............................7 Weighing of Loads..............................................................................................................7 Reports ...............................................................................................................................7 3.17.1.Monthly Reports...................................................................................................7 3.17.2.Annual Report.......................................................................................................7 Ownership of Recyclables...................................................................................................8 Scavenging Prohibited........................................................................................................8 Cleanup of Spillage or Blowing Litter..................................................................................8 Recyclable Materials Transported to Markets.....................................................................9 Processing Facilities...........................................................................................................9 Estimating Materials Composition as Collected..................................................................9 Lack of Adequate Market Demand.....................................................................................9 Vehicle Requirements.......................................................................................................10 Trucks Shall Be Equipped with Wind Screens..................................................................10 Trucks May Be Equipped with RFID Data Management Systems...................................10 Personnel Requirements...................................................................................................10 Truck Fluid Leaks or Spills................................................................................................11 Safety................................................................................................................................11 Licenses and Permits........................................................................................................12 Performance Monitoring....................................................................................................12 Liquidated Damages.........................................................................................................12 4.Recycling Cart and Dumpster Purchasing Plan...........................................................14 5.Recycling Cart and Dumpster Distribution and Management Plan............................14 Page i Council Packet Page Number 217 of 252 J1, Attachment 7 6.CURBSIDE COLLECTION REQUIREMENTS................................................................. 14 Weekly Collection..............................................................................................................14 Point of Collection.............................................................................................................15 Curbside Collection Schedule Deadline............................................................................15 Procedure for Handling Non-Targeted Materials..............................................................15 6.4.1.On-Board Truck Cameras to Monitor Materials During Loading........................15 6.4.2.Procedure for Unacceptable Materials...............................................................16 Records of Non-Participants.............................................................................................16 Public Education Information for Single Family Residents...............................................16 7.MULTI-FAMILY COLLECTION REQUIREMENTS..........................................................16 Multi-Family Dwellings Collection Stations.......................................................................17 7.1.1.Multi-Family Dwellings Container Location(s) ....................................................17 Multi-Family Dwellings Service Standards........................................................................17 Multi-Family Dwellings Recycling Container Requirements..............................................17 Responsibility for Maintaining Multi-Family Dwellings Recycling Containers...................18 Public Education...............................................................................................................18 7.5.1.Public Education Information for Tenants with Multi-FamilyDwellings Recycling Service 18 7.5.2.Other Public Education Tools to Residents with Multi-Family Dwellings Recycling Service 18 Annual Report to Multi-Family Dwellings Building Owners...............................................18 8.Municipal Facilities Collection Requirements..............................................................19 Annual Report for City Facilities........................................................................................19 9.INSURANCE AND OTHER LEGAL REQUIREMENTS...................................................20 Insurance ..........................................................................................................................20 9.1.1.Workers Compensation Insurance.....................................................................20 Commercial General Liability Insurance...........................................................................20 Commercial Automobile Liability Insurance......................................................................20 Environmental Liability Insurance.....................................................................................20 Transfer of Interest............................................................................................................21 Non-Assignment and Bankruptcy.....................................................................................21 Dispute Resolution and Arbitration Procedures................................................................21 Performance Bond............................................................................................................21 General Compliance.........................................................................................................21 Independent Contractor....................................................................................................22 Hold Harmless...................................................................................................................22 Accounting Standards.......................................................................................................22 Retention of Records........................................................................................................22 Data Practices...................................................................................................................22 Inspection of Records.......................................................................................................23 Applicable Law..................................................................................................................23 Contract Termination.........................................................................................................23 Employee Working Conditions and Contractor’s Safety Procedures................................23 Agreement Amendments..................................................................................................23 Page ii Council Packet Page Number 218 of 252 J1, Attachment 7 Appendices Appendix A Definitions ........................................................................................................ 25 Appendix B Map of Recycling Service Areas ...................................................................... 28 Appendix C Current List of Recyclable Materials ................................................................ 29 Appendix D Contractor’s Current Education Tag ................................................................ 30 Appendix E Recycling Price Schedule ................................................................................ 31 Page iii Council Packet Page Number 219 of 252 J1, Attachment 7 1.INTRODUCTION ThisAmended and Restated Agreement is made ____________, 2024, 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 themutual 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 anextension 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. 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. Page 1 of 32 Council Packet Page Number 220 of 252 J1, Attachment 7 Extension Options Any extensionwill be subject to the City’s sole determination of the service and of the City residents’ best interests. The basicelements 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) monthterm 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’s annual report, theCity 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. 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. Page 2 of 32 Council Packet Page Number 221 of 252 J1, Attachment 7 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 isnot 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 Citywill 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. 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 for Recycling 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 Page 3 of 32 Council Packet Page Number 222 of 252 J1, Attachment 7 and churches by February 7thof each year, for the previous calendar year. Updated counts 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 businessday. 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 City and the Trash Contractorto the extent possible. The Contractor shall coordinate sever 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. Ifcollections are postponed, the Contractor shall notify the City. Upon postponement, Collection will 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 to begin no sooner than 6 a.m.and shall be complete by 6 p.m. Furthermore, theCity 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). Page 4 of 32 Council Packet Page Number 223 of 252 J1, Attachment 7 The Contractor 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 voice mail 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. 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 Page 5 of 32 Council Packet Page Number 224 of 252 J1, Attachment 7 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 bythe 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. 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 Recyclable preparation 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 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 educationliterature for approval by the City, at least one (1) month before printing and release of any such literature. The Contractor will work with the City to ensure customer service and public education are available in Spanish and Hmong where feasible. Page 6 of 32 Council Packet Page Number 225 of 252 J1, Attachment 7 3.15.1Education Literature to 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. The letters shall include the amount of recycling collected for the previous year and educational information on recycling. The City shall review and approve the letter 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 Recycling stops foreach 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 3.17.1.Monthly Reports The Contract 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. 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 theCity an annual report. 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. Page 7 of 32 Council Packet Page Number 226 of 252 J1, Attachment 7 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. 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 remain with 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 Recyclable Materials 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 bythe Contractor, the Recyclable Materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City’s Recycling Contractor or owner’s independent hauler to collect, remove, or dispose of designated Recyclablesafter the materials have been placed or deposited for Collectionin the Recycling containers. The 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 Recycling services. 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 Page 8 of 32 Council Packet Page Number 227 of 252 J1, Attachment 7 and one shovel for use in cleaning up material spillage. Designated Recyclables shall be transported in a covered vehicle so that the Recyclables do not drop or blow onto any public street or private property during transport. Recyclable Materials Transported to Markets Upon Collectionby the City’s RecyclingContractor, the Contractor shall deliver the designated Recyclablesas outlined in Appendix C to a Recyclable Material processing 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 Recyclables in 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 commodity by grade. The results of this analysis shall include: 1. Percent by weight of each recyclable commodity by grade as collected from the City; 2. Relative change compared to the previous year’s composition; 3. Percent by weight of the 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. 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 Page 9 of 32 Council Packet Page Number 228 of 252 J1, Attachment 7 Recyclable commodity 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 bein 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 May Be 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 Recycling 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. 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 Page 10of 32 Council Packet Page Number 229 of 252 J1, Attachment 7 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 useno 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 Recycling carts and 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 be responsible 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 sole authority to determine ifthe 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) Recycling collection operations. The annual report and work plan shall have a safety component to report any incidents and recommend improvements. Page 11of 32 Council Packet Page Number 230 of 252 J1, Attachment 7 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 and licenses 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 initiateAgreement 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 communicate on 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. 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. Page 12of 32 Council Packet Page Number 231 of 252 J1, Attachment 7 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. 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. Page 13 of 32 Council Packet Page Number 232 of 252 J1, Attachment 7 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 majorincidents 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. 4.Recycling Cart and Dumpster Purchasing Plan If the City elects to purchase Recycling carts and dumpsters for the City’s Recycling program, the City shall develop a cart and dumpster purchasing plan and schedule in coordination with the Contractor. The Contractor shall review and comment on this cart and dumpster purchasing plan. 5.Recycling Cart and Dumpster Distribution and Management Plan 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. 6.CURBSIDE COLLECTION REQUIREMENTS The following Collection requirements in this section are for curbside Recycling services 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 Recycling Materials weekly from the authorized curbside Recycling carts. 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 Page 14of 32 Council Packet Page Number 233 of 252 J1, Attachment 7 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. 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. Page 15of 32 Council Packet Page Number 234 of 252 J1, Attachment 7 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 been tipped 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 contamination three 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 andleft 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. 7.MULTI-FAMILY COLLECTION REQUIREMENTS The following Collectionrequirements are for Multi-Family Dwellings Recycling services 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 Recycling Contractor to provide Recycling services and the Contractor will work with the City to ensure all multi-family dwellings areserviced with recycling collection through the City’s recycling contract. Page 16of 32 Council Packet Page Number 235 of 252 J1, Attachment 7 Multi-Family Dwellings Collection Stations Multi-Family Dwellings Recycling stations 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 Recycling carts or Recycling dumpsters. 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 not currently served under the City Recycling Contract. The number and location of Multi-Family Dwellings Recycling stations 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 Recycling containers 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 mustalso 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, oras the City and Contractor agree is adequate. The Collection schedule and Recycling containers’ capacity shall provide for regular removal of the Recyclables such that there is adequate storage capacity available in the Recyclable containers to avoid overflowing containers. Multi-Family Dwellings Recycling Container Requirements Adequate Multi-Family Dwellings Recycling carts and dumpsters shall be provided 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 Recycling containers for Multi-Family Dwellings buildingsshall be: A. Sufficient in number and size to meet the demands for Recycling services created by the occupants. B. Equipped with hinged lids. 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 orreplaced 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. Page 17of 32 Council Packet Page Number 236 of 252 J1, Attachment 7 Responsibility for Maintaining Multi-Family Dwellings Recycling Containers Adequate Multi-Family Dwellings Recycling carts 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.Public Education Information for Tenants with Multi-Family Dwellings Recycling Service At least once per year, the City ’s Recycling Contractor shall supply the Multi-Family Dwellings building owner with the sufficient number of Recycling fact sheets with instructions for the tenants in their building(s). The information should specifically address Multi-Family Dwellings Recycling service, 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 Dwellings Building 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. 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). Page 18of 32 Council Packet Page Number 237 of 252 J1, Attachment 7 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 7Street 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 (Specialevent 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. 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 futureimprovements to increase recovery rates (e.g., specific public education tools). Page 19of 32 Council Packet Page Number 238 of 252 J1, Attachment 7 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 the following 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 disease each 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. 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 Recycling services 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 Page 20of 32 Council Packet Page Number 239 of 252 J1, Attachment 7 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 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 This Agreement specifies requirements for a performance bond in the case of the Contractor’s failure to perform contracted services. The performance bond shall be for a minimum of $300,000. The responsibility for renewal is the responsibility of the Contractor. 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. 1 For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123 Page 21of 32 Council Packet Page Number 240 of 252 J1, Attachment 7 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 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 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. 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. Page 22of 32 Council Packet Page Number 241 of 252 J1, Attachment 7 All proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 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 lawsof 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 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 23of 32 Council Packet Page Number 242 of 252 J1, Attachment 7 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 24 of 32 Council Packet Page Number 243 of 252 J1, Attachment 7 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 Page 25 of 32 Council Packet Page Number 244 of 252 J1, Attachment 7 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. 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. Page 26 of 32 Council Packet Page Number 245 of 252 J1, Attachment 7 (Note: This contract also uses the term “Trash” services to refer to the family of solid waste collection services 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 27 of 32 Council Packet Page Number 246 of 252 J1, Attachment 7 Appendix B Map of Recycling Service Areas Page 28 of 32 Council Packet Page Number 247 of 252 J1, Attachment 7 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 29 of 32 Council Packet Page Number 248 of 252 J1, Attachment 7 Appendix D Contractor’s Current Education Tag Page 30 of 32 Council Packet Page Number 249 of 252 J1, Attachment 7 Appendix E Recycling Price Schedule Page 31of 32 Council Packet Page Number 250 of 252 J1, Attachment 7 Recyclable Service from SFDs and MFDs: ($ per dwelling unit per month) 7/1/2025 1/1/2026 1/1/2027 through through through Service 12/31/2025 12/31/2026 6/30/2027 Single Dwelling Units $5.25$5.60 $5.95 (SDU) Multi-Dwelling Units $5.25$5.60$5.95 (MDU) Small Business and $5.25$5.60 $5.95 Church (two 95-gallon carts collected once per week) ($ 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 32 of 32 Council Packet Page Number 251 of 252 J1, Attachment 7 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 33 of 32 Council Packet Page Number 252 of 252