HomeMy WebLinkAbout2019-05-13 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,May 13, 2019
City Hall, Council Chambers
Meeting No.09-19
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
D.APPROVAL OF AGENDA
E.APPROVAL OF MINUTES
1.April 22, 2019City Council Workshop Minutes
2.April 22, 2019City Council Meeting Minutes
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
2.Council Presentations
3.Promotion Ceremony –Lieutenants Dan Busack &Brian Bierdeman
4.Proclamation Recognizing National Police Week 2019
5.Resolution for Commission Reappointment
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 Adopting State Performance Measures
3.Wakefield Park Playground Replacement
4.Purchase of Bituminous Material for Spot Paving Maintenance Operation
5.622 Education Foundation STA2RS Banquet Sponsorship
6.Local Lawful Gambling Permit for Associated General Contractors of Minnesota
7.On-Sale Intoxicating Liquor and Sunday Sales License for Q Bar & Breakfast Inc.,
3001 White Bear Avenue, Suite 27
8.Parking Agreement for Nature Center with DegeProperties
9.Sewer Backwater Valve Reimbursement
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.
1.Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27
a.Assessment Hearing, 7:00 p.m.
b.Resolution Adopting Assessment Roll
c.Resolution Receiving Bids andAwarding Construction Contract
2.Ferndale-Ivy Area Improvements, City Project 18-01
a.Assessment Hearing, 7:00 p.m.
b.Resolution Adopting Assessment Roll
c.Resolution Receiving Bids and Awarding Construction Contract
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Cable Television Franchise Ordinance
a.Repeal and Replace Cable Television Franchise Ordinance for Comcast
b.Resolution Authorizing Publication of Franchise Ordinance by Title and
Summary (4 votes)
2.Authorize the Release of a Request for Proposal for Residential Curbside Trash
and Recycling
3.Purchase Offer to Sell City-Owned Property at 2501 Londin Lane
a.Intent to Close Meeting (§13D.05 subd. 3c)
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 651.249.2000to 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 councilmembers 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 councilmembers,
staff or others in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
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MINUTES
MAPLEWOOD CITY COUNCILWORKSHOP
5:30P.M. Monday, April 22, 2019
Council Chambers, City Hall
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at5:30 p.m.byMayor Abrams.
B.ROLL CALL
Marylee Abrams,MayorPresent
Kathleen Juenemann, CouncilmemberPresent
William Knutson, CouncilmemberPresent
Sylvia Neblett, CouncilmemberPresent
Bryan Smith,CouncilmemberPresent
C.APPROVAL OF AGENDA
Councilmember Smith moved to approve the agenda as submitted.
Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
D.UNFINISHED BUSINESS
1.Maplewood Residential Curbside Trash and Recycling Request for Proposals
Environmental Planner Finwall gave the presentation and answered questions of the
council.
2.Rental Housing Licensing Program
Economic Development Coordinator Martin gave the presentation and answered
questions of the council.
E.NEW BUSINESS
1.City Manager Annual Performance Evaluation
a.Intent to Close Regular Meeting Pursuant to Minnesota Statutes
§13D.05, subd. 3(a)
Assistant City Manager/HR Director Funk introduced the report.
Mayor Abrams moved to close the regular meeting of the workshop, pursuant to
Minnesota State Statute 13D.05 subd. 3a, for the purpose of evaluating the performance
of City Manager Melinda Coleman for the evaluation period of February 6, 2018 through
February 5, 2019.
Seconded by Councilmember JuenemannAyes – All
The motion passed.
April 22, 2019
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Mayor Abrams closed the workshop meeting at 6:30 p.m. to go into closed session.
In attendance during the closed workshop session were Mayor Abrams, Councilmember
Juenemann, Councilmember Knutson, Councilmember Neblett, CouncilmemberSmith,
City Manager Coleman andAssistant City Manager/HR Director Funk.
Mayor Abrams opened the workshop meeting at 7:00 p.m.
Assistant City Manager/HR Director Funk gave a brief overview of the closed session
and reported that the council will summarize its conclusions at the next open council
meeting later the same evening.
F.ADJOURNMENT
Mayor Abramsadjourned the meeting at 7:02 p.m.
April 22, 2019
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,April 22,2019
City Hall, Council Chambers
Meeting No. 08-19
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at7:08 p.m. byMayor Abrams.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Marylee Abrams, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
William Knutson, CouncilmemberPresent
Sylvia Neblett, CouncilmemberPresent
Bryan Smith, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda under Council Presentations:
Earth Day/Earth Week
ISD 623 Meeting
st
May 1
KARE 11 Interview
Minnehaha Closure
Rice McCarron Clean Up
Regional Council of Mayors Letter
Dunkin Donuts
CouncilmemberJuenemann moved to approve the agenda as amended.
Seconded by CouncilmemberKnutsonAyes – All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of April 8, 2019 City Council WorkshopMinutes
Councilmember Juenemann moved to approve the April 8, 2019City Council Workshop
Minutesas submitted.
Seconded by Councilmember NeblettAyes – Mayor Abrams, Council
Members Juenemann and
Neblett
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Abstain – Council Members Smith
and Knutson
The motion passed.
2.Approval of April 8, 2019City Council Meeting Minutes
The date for the Spring Clean Up, under Council Presentations needs to be changed
thth
from April 11
to May 11.
Councilmember Neblett moved to approve the April 8, 2019City Council Meeting
Minutesas amended.
Seconded by Councilmember Juenemann Ayes – Mayor Abrams, Council
Members Juenemann and
Neblett
Abstain – Council Members Smith
and Knutson
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City Manager Coleman gave anupdate to the council calendar; reviewed other
topics of concern or interest requested by councilmembers; and gave an overview
of upcoming events in the community.
2.Council Presentations
Earth Day/Earth Week
nd
Councilmember Juenemann reported today, April 22is Earth Day and this week is
th
Earth Week; and Wednesday, April 24is City Hall Campus Clean Up.
ISD 623 Meeting
Councilmember Juenemann reportedon the ISD 623 informational/sharing meeting they
have every quarter and reported on the last meeting she attended in place of Mayor
Abrams.
st
May 1
stth
Councilmember Juenemann reported May 1is the 9year since the shooting death of
Police Officer Bergeron. Police Chief Nadeau gave additional information and the
st
Memorial Service that will take place at the City Hall Memorial on May 1.
KARE 11 Interview
Mayor Abrams reported she was interviewed byKARE 11 at the Maplewood Nature
Center earlier that day.
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Minnehaha Closure
Mayor Abrams reported on the Minnehaha road closure. Public Works Director Love
gave additional information on the closure.
Rice McCarron Clean Up
Mayor Abrams reported onthe Rice-Larpenteur Meeting she attended earlier in the day
and announced there is going to be a Rice McCarron’s Neighborhood Clean Up and
th
Meet Up at the Caribou Coffee on Saturday, April 27.
Regional Council of Mayors Letter
Mayor Abrams reported members from the Regional Council of Mayors are being asked
to sign and send the letter in support of transportation funding to the Governor and the
Legislature.Council consensus was to send the letter of support.
2018 Public Safety Report
Mayor Abrams reported the 2018 Public Safety Annual Report is available on the City’s
website.
Dunkin Donuts
Mayor Abrams reported that Dunkin Donuts opened on County Road D and Highway 61.
3.Swearing-In Ceremony – Police Officers Tuoyer Xiong, Daniel Peters, Noah
Swetala, and Nicolle Sparks
Public Safety Director Nadeau introduced each officer Touyer Xiong, Daniel Peters,
Noah Swetala, and Nicolle Sparks. City Clerk Sindt performed the swearing in of each
officer.
The City Council took a recess at7:50 p.m.
The City Council came back from recess at 7:53 p.m.
4.City Prosecuting Attorney 2018 Annual Report
Joseph Kelly, City Prosecutor addressed the council and gave the presentation.
No action wastaken.
5.Myth Operational Action Plan Update
Public Safety Director Nadeau gave the update on the Operational Action Plan with the
Myth.City Attorney Batty gave additional information.
No action was taken.
6.Resolution for Commission Reappointments
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City Manager Coleman gave the report.
Councilmember Neblett moved to approve the resolution for Commission
reappointments.
Resolution19-04-1680
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has
reviewed, to be reappointed to the following commissions:
Community Design Review Board
Ananth Shankar, Term will expire April 30, 2022
Bruce Thompson, Term will expire April 30, 2022
Heritage Preservation Commission
Richard Currie, Term will expire April 30, 2022
Margaret Fett, Term will expire April 30, 2022
Seconded by Councilmember SmithAyes – All
The motion passed.
G.CONSENT AGENDA
Consent agenda items G2, G3, G5 and G8 were highlighted.
Councilmember Juenemann moved to approve agenda items G1-G11with the
amendment to G3 Attachment 3.
Seconded by Councilmember SmithAyes – All
The motion passed.
1.Approval of Claims
Councilmember Juenemannmoved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 48,994.94 Checks #103464 thru #103491
dated 04/02/19 thru 04/09/19
$ 495,537.59 Disbursements via debits to checking account
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dated 04/01/19 thru 04/05/19
$ 261,570.51 Checks # 103492 thru #103538
dated 04/08/19 thru 04/16/19
$ 669,589.81 Disbursements via debits to checking account
dated 04/08/19 thru 04/12/19
$ 1,475,692.85 Total Accounts Payable
PAYROLL
$ 609,371.76 Payroll Checks and Direct Deposits dated 04/05/19
$ 2,722.71 Payroll Deduction check # 99103710 thru # 99103713dated 04/05/19
$ 612,094.47 Total Payroll
$ 2,087,787.32 GRAND TOTAL
Seconded by Councilmember SmithAyes – All
The motion passed.
2.Resolution of Support for a Minnesota Energy EducationGrant
CouncilmemberJuenemann moved to approve theresolution of support for a Minnesota
Energy Education grant.
Resolution 19-04-1681
Resolution of Support for a Minnesota Energy Education Grant
WHEREAS, Maplewood’s 2040 Comprehensive Plan includes energy goals for
reducing greenhouse gas emissions.
WHEREAS, the Minnesota Energy Education Grant is designed to be used for
expenses to develop and encourage increased participation in education initiatives that
promote the use of energy efficiency and renewable energy.
WHEREAS, the City of Maplewood recently completed the Re-Energize
Maplewood! project with a focus on expanding adoption of energy efficiency measures
and identification of renewable energy potential within the City.
WHEREAS, the City of Maplewood, in partnership with paleBLUEdot, LLC,
applied for a Minnesota Energy Education Grant in the amount of $4,250.
WHEREAS, the Minnesota Energy Education Grant will develop Re-Energize
Maplewood! solar pv educational content and a master presentation on solar pv for
general audiences, youth, and business owners.
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WHEREAS, the grant efforts include researching City-wide rooftop solar
potential, researching Maplewood solar site assessment examples, creating solar
education and training modules, and compiling education presentations.
WHEREAS, the grant funds will be used to pay paleBLUEdot, LLC, for those
planning efforts.
WHEREAS, if awarded, the Minnesota Energy Education grant project will begin
in May 2019 and be completed by June 30, 2019.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens, that the City Council supports the efforts to seek
a Minnesota Energy Education Grant in the amount of $4,250.
Seconded by Councilmember SmithAyes – All
The motion passed.
3.Cooperative Funding Agreement – Rice Street and Larpenteur Avenue
Gateway Alliance Consulting Services
Councilmember Juenemann moved to approve the Rice Street and Larpenteur Avenue
Gateway Alliance Consulting Services Cooperative Funding Agreement.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
4.Conditional Use Permit Review, CarMax, 1325 Beam Ave
Councilmember Juenemann moved to approve the CUP review for the CarMax
Automobile Dealership and review again in one year.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
5.Conditional Use Permit Review, Health Partners’ Residential Treatment
Center, 2715 Upper Afton Road
CouncilmemberJuenemann moved to approve the CUP review for Health Partners’
Residential Treatment Center and review again only if a problem arises or a major
change is proposed.
Seconded by Councilmember SmithAyes – All
The motion passed.
6.Master Subscriber Agreement for Minnesota Court Data Services for
Governmental Agencies
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Councilmember Juenemann moved to approve the resolution authorizing the approval of
the Master Subscriber Agreement for Minnesota Court Data Services for Governmental
Agencies.
Resolution 19-04-1682
Resolution to Approve the Master Subscriber Agreement for Minnesota Court
Data Services for Governmental Agencies
WHEREAS, the Maplewood Police Department has used an electronic program
to access Minnesota court records called Odyssey Assistant which is no longer
available; and
WHEREAS, a program called Minnesota Government Access (MGA) has been
launched to replace Odyssey Assistant and allow government agencies accessto
records in the Minnesota Court Information System; and
WHEREAS, MGA is a service that is free to government agencies which requires
the approval of a Master Subscriber Agreement that requires authorization from the
agency governing body.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Ramsey County, Minnesota, to authorize the approval of the Master
Subscriber Agreement for Minnesota Court Services for government agencies.
Seconded by Councilmember SmithAyes – All
The motion passed.
7.Conditional Use Permit Review, Wakefield Park Community Building, 1860
Hazelwood Street
Councilmember Juenemann moved to approve the conditional use permit review for the
Wakefield Park Community Building at 1860 Hazelwood Street and reviewthe project
again in one year.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
8.Resolutions in Support of MWF Properties’ Affordable Housing Project
Councilmember Juenemann moved to approve the resolutions of support for a 99-unit
affordable apartment complex which would be built on vacant land near County Road C
East and White Bear Avenue (PID 11-29-22-22-0041). This motion also authorizes the
Mayor to sign a letter of supportafter modification to the Tax Increment Financing
wordingin the second sentenceof the letter.
Resolution 19-04-1683
RESOLUTION IN SUPPORT OF MWF
PROPERTIES MULTIPLE FAMILY HOUSING PROJECT
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WHEREAS, MWF Properties, LLC (MWF Properties) is proposing to construct
99-units of multiple-family rental housing (the "Project") at or near the northwest corner
of County Road C East and White Bear Avenue (PID 11-29-22-22-0041), with 100
percent of the units being affordable to households with incomes at or below 60% of the
area median income; and,
WHEREAS, MWF Properties is in the process of applying to funders, including,
but not limited to, Ramsey County Community and Economic Development for funds to
develop the project and provide quality and affordable housing; and
WHEREAS, Ramsey County Community and Economic Development requires a
resolution of support from the local municipality,
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens, that the City Council supports the efforts to fund
MWF Properties’ project of constructing 99-units of multiple-family rental housing at or
near the northwest corner of County Road C East and White Bear Avenue (PID 11-29-
22-22-0041).
Resolution 19-04-1684
RESOLUTION CONSENTING TO THE PROCESS FOR THE CREATION OF A
HOUSING TAX INCREMENT FINANCING DISTRICT IN SUPPORT OF THE
PROPOSED MWF PROPERTIES MULTIPLE FAMILY HOUSING PROJECT
WHEREAS, the City of Maplewood is a municipal corporation and political
subdivision duly organized and existing under the Constitution and laws of the State of
Minnesota; and,
WHEREAS, Pursuant to Minnesota Statutes §469.174 - §469.1799, the City of
Maplewood is authorized to use Tax Increment Financing (TIF) to carry out the public
purposes described and contemplated thereby; and,
WHEREAS, MWF Properties, LLC (MWF Properties) is proposing to construct
99-units of multiple-family rental housing (the "Project") at or near the northwest corner
of County Road C East and White Bear Avenue (PID 11-29-22-22-0041), with 100
percent of the units being affordable to households with incomes at or below 60% of the
area median income; and,
WHEREAS, the City of Maplewood supports the Project and will endeavor to
work with MWF Properties to facilitate Tax Increment Financing (TIF) assistance through
the creation of a Housing TIF District with such actions being subject to MWF Properties
securing an allocation of Housing Tax Credits from the MinnesotaHousing Finance
Agency for the Project; and,
WHEREAS, the City of Maplewood cannot create a Housing TIF District in
support of the Project until all statutory requirements have been fully satisfied, including
the consideration of comments from the public and affected governmental jurisdictions
following a public hearing.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, that
the recitals and exhibits, if any, set forth in this Resolution are incorporated into and
made a part of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
Maplewood does hereby support the Project subject to final determination by the City
Council in its sole discretion of Project eligibility, statutory requirements, public hearings
and required reviews, public input, and without surrendering its legislative discretion.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
Maplewood supports the creation of a Tax Increment Financing district for the Project,
including a26-year TIF Note in an amount up to $1.8 million in principal, to address a
funding gap for the Project.
NOW, THEREFORE, BE IT FINALLY RESOLVED, that the City Council of
Maplewood hereby authorizes City staff and City consultants to work on Tax Increment
Financing assistance for the Project upon receipt of a complete TIF application from
MWF Properties for the Project.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
9.Resolution Accepting Assessment Roll and Ordering Assessment Hearing
forMay 13, 2019, Ferndale-Ivy Area Street Improvements, City Project 18-01
Councilmember Juenemann moved to approve the Resolution Accepting Assessment
Roll and Ordering Assessment Hearing, for the Ferndale-Ivy Area Street Improvements,
City Project 18-01.
Resolution 19-04-1685
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City
Council, prepared an assessment roll for the Ferndale-Ivy Area Street Improvements,
City Project 18-01, and the 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:
th
1.A hearing shall be held on the 13day of May 2019, at the city hall at
7:00 p.m. to pass upon such proposed assessment and at such time and place all
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.
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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 CouncilmemberSmithAyes – All
The motion passed.
10.Resolution Accepting Assessment Roll and Ordering Assessment Hearing
for May 13, 2019, Mailand-Crestview Forest Area Pavement Rehabilitation,
City Project 18-27
Councilmember Juenemann moved to approve the Resolution Accepting Assessment
Roll and Ordering Assessment Hearing, for the Mailand-Crestview Forest Area
Pavement Rehabilitation, City Project 18-27.
Resolution 19-04-1686
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City
Council, prepared an assessment roll for the Mailand-Crestview Forest Area Pavement
Rehabilitation, City Project 18-27, and the 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:
th
1.A hearing shall be held on the 13day of May 2019, at the city hall at
7:00 p.m. to pass upon such proposed assessment and at such time and place all
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 CouncilmemberSmithAyes – All
The motion passed.
11.2020 Census Complete Count Committee
CouncilmemberJuenemann moved to approve the mayor signing a letter notifying the
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Regional Census Director of Maplewood’s formation of a 2020 Census Complete Count
Committee.
Seconded by CouncilmemberSmithAyes – All
The motion passed.
H.PUBLIC HEARINGS
None
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Gladstone Phase 3 Corridor Improvements, City Project 16-18
a.Resolution Receiving Bids and Awarding Construction Contract
b.Resolution Approving a Local Road Improvement Program (LRIP)
Grant Agreement (No. 1033889) with Minnesota Department of
Transportation (MnDOT)
c.Use of Kimley-Horn and Associates, Inc. for Construction Phase
Services
Public Works Director Love gave the report.
Councilmember Juenemann moved to approve the Resolution Receiving Bids and
Awarding Construction Contract for the Gladstone Phase 3 Corridor Improvements, City
Project 16-18, to Veit & Company, Inc.
Resolution19-04-1687
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the bid of Veit &Company, Inc. in the amount of
$3,992,101.65 is the lowest responsible bid for the construction of Gladstone Phase 3
Corridor Improvements, City Project 16-18, and the Mayor and the City Manager are
hereby authorized and directed to enter into a contract with said bidder for and on behalf
of the City.
The Finance Director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project as previously approved by the City Council.
Seconded by Councilmember Smith Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the Resolution Approving a Local Road
Improvement Program (LRIP) Grant Agreement (No. 1033889) with Minnesota
Department of Transportation (MnDOT). Furthermore, the City Attorney is authorized to
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make minor changes as necessary.
Resolution 19-04-1688
APPROVING A LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT
AGREEMENT (NO. 1033889) WITH MINNESOTA DEPARTMENT OF
TRANSPORTATION (MnDOT)
WHEREAS, a grant agreement has been prepared by the City Engineering
Division with reference to the improvement of Gladstone Phase 3 Corridor
Improvements, City Project 16-18, SAP 138-151-005, and this grant agreement was
received by the City Council on April 22, 2019, and
WHEREAS, the City of Maplewood has applied to the Commissioner of
Transportation for a grant from the Minnesota State Transportation Fund for Local Road
Improvement and
WHEREAS, the Commissioner of Transportation has given notice that funding for
this project is available; and
WHEREAS, the amount of the grant has been determined to be $1,000,000.00
by reason of the lowest responsible bid;
NOW THEREFORE, be it resolved that the City of Maplewood does hereby
agree to the terms and conditions of the grant consistent with Minnesota Statutes,
section 174.52 and will pay any additional amount by which the cost exceeds the
estimate, and will return to the Minnesota State Transportation Fund any amount
appropriated for the roadway but not required. The proper City officers are authorized to
execute a grant agreement and any amendments thereto with the Commissioner of
Transportation concerning the above-referenced grant.
Seconded by Councilmember SmithAyes – All
The motion passed.
Councilmember Juenemann moved to approve the use of Kimley-Horn and Associates,
Inc. for construction phase services and further authorize the Mayor and City Manager to
sign the attached work order with Kimley-Horn and Associates, Inc.
Seconded by Councilmember SmithAyes – All
The motion passed.
2.City Manager Annual Performance Evaluation
a.Summarize Conclusions of the City Manager Performance
Evaluation
b.Third Amendment to City Manager Employment Agreement
Assistant City Manager/HR Director Funk gave the report. Mayor Abrams summarized
the conclusion ofthe city manager performance evaluation held during a closed session
during the Council Workshop Meeting earlier in the evening.City Manager Coleman
reviewed the goals she identified for herself.
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Councilmember Smith moved to approve the Third Amendmentto the City Manager
Employment Agreement and authorize the Mayor and Assistant City Manager/HR
Director to execute said Amendment on behalf of the City.
Seconded by Councilmember JuenemannAyes – All
The motion passed.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Mayor Abrams adjourned the meeting at8:52 p.m.
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CITY COUNCIL STAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Scott Nadeau, Public Safety Director
PRESENTER:Scott Nadeau
AGENDA ITEM:
PromotionCeremony Lieutenants Dan Busack & BrianBierdeman
Action Requested: MotionDiscussionPublic Hearing
Form of Action: ResolutionOrdinanceContract/Agreement Proclamation
Policy Issue:
The Maplewood Police Department promoted Dan Busack and Brian Bierdeman from the position
of Sergeant to Lieutenant on April 27, 2019.
Recommended Action:
For presentation purposes only.
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: Salaried positions will be cost neutral.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Recognizing department actions.
Background
In spring of 2019 the Maplewood Police Department opened a promotion process to fill two newly
created patrol lieutenant positions.Instead of having eight patrol sergeants, the department will
now have six sergeants and two patrol lieutenants. The last time a Maplewood police sergeant was
promoted was in May of 2009.As the majority of the police senior administrative staff
are getting closer to retirement, the two new lieutenant positions will continue to prepare leaders for
succession planning. This promotion will also bring additional administrative support and oversight
to the patrol division, which is the majority of our sworn officers in the police department.This
additional support and oversight will be essential in implementing the priorities identified in both the
citypolice department strategic plans.
Packet Page Number 18 of 300
F3
Lieutenant Dan Busack was hired as a police officer on August 9, 1999, and was promoted to
sergeant on September 10, 2007. During his time at the Maplewood Police Department, he has
served as the Use of Force Coordinator, Field Training Officer Coordinator, and was assigned as an
Investigations supervisor. As the coordinator of the Field Training Officer program, he reshaped the
program to be more centered on adult learning and inclusivity.
Lieutenant Brian Bierdeman was hired as a police officer onJune 3, 2002, and was promoted to
sergeant onJuly 22, 2013. During his time at the Maplewood Police Department, he served on the
Ramsey County SWAT team for 10 years, was a K-9 handler and K-9 Unit supervisor, a field
training officer, and aStreet Crimes Unit supervisor.He
Range Master, and was a firearms & use of force instructor for 16 years.
Both were deeply 2019
strategic plan, and are involved in
restructured from the now concluded Use of Force Workgroup.
There were three applicants for these two positions, all of which were subjected to a comprehensive
and rigorous interview process. This process included multiple interview panels, a psychological
and leadership assessment, and other examinations.
Attachments
None
Packet Page Number 19 of 300
F4
CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Scott Nadeau, Public Safety Director
PRESENTER:
Scott Nadeau, Public Safety Director
AGENDA ITEM: Proclamation Recognizing National Police Week 2019
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
National Police Week is May 12-18, 2019, and it is requested that the City Council recognize the
service and sacrifice of law enforcement officers by approving the attached Proclamation.
Recommended Action:
Motion to approve the proclamation recognizing National Police Week 2019.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
City Council approval is required to approve the proclamation.
Background
Since 1962, May 15th has been designated as National Peace Officer Memorial Day and the week
in which the date falls as National Police Week. During this week, we honor and remember those
killed in the line of duty, and all the women and men who actively protect our communities on a
daily basis.
This year, the Mounds View Police Department will be hosting all of the suburban law enforcement
agencies in Ramsey County for the annual Suburban Ramsey County Law Enforcement Memorial
Ceremony on Thursday, May 16, at 11:00 AM, at the Abiding Savior Lutheran Church, located at
8211 Red Oak Drive, Mounds View, MN 55112. The service will last about one hour and is open to
the public. Refreshments will be served immediately following the service.
Attachments
1.Proclamation
Packet Page Number 20 of 300
F4, Attachment 1
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Packet Page Number 21 of 300
F5
Packet Page Number 22 of 300
F5
Packet Page Number 23 of 300
F5, Attachment 1
Packet Page Number 24 of 300
F5, Attachment 2
Maplewood Commission Reappointmentssessment
Name: Date:
Commission: Parks and Recreation
Would you like to be reappointed? YesNo (Check One)
If Yes, why? Our work for the City of Maplewood is continuous.
How do you feel you contribute to the Commission? Through team participation and individual ideas we
come up with the best solutions. My ideas are individualized and diverse through my perspectives,
What successes do you feel the Commission has had during your term? The Commission has met all goals
set over the 3 years that I have been there.
Do you have any suggestions to help the Commission function more efficiently?
We added a student perspective to add diversity. I would suggest less mail/paper and more email
communications.
What are some bigger issues/projects the Commission will be facing in the next 6 months?
Part of our focus has been and remains meeting the needs of our elderly neighborhood and our
communities of differing cultural backgrounds. We will also address how we plan for the future of
Maplewood.
Any other comments for the City Council regarding your reappointment or the commission?
(i.e. new topics or projects to explore, processes to consider, etc.)
/ƌźĭƉ ŷĻƩĻ Ʒƚ ĻƓƷĻƩ ƷĻǣƷ͵
Please return the completed form by Monday, April 15, 2019.
Return this form to: Lois Knutson
City s Office Fax to: 651-249-2059
1830 County Road B. East Email to: lois.knutson@maplewoodmn.gov
Maplewood, MN 55109
Packet Page Number 25 of 300
THIS PAGE IS INTENTIONALLY LEFT BLANK
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G1
MEMORANDUM
Melinda Coleman, City Manager
TO:
FROM:Ellen Paulseth, Finance Director
May 8, 2019
DATE:
SUBJECT:Approval of Claims
Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and
authorized payment in accordance with City Council approved policies.
ACCOUNTS PAYABLE:
$324,682.65Checks #103539 thru #103569
dated 04/23/19
$371,238.74Disbursements via debits to checking account
dated 04/15/19 thru 04/19/19
$438,227.21Checks #103570 thru # 103596
dated 04/30/19
$708,134.20Disbursements via debits to checking account
dated 04/22/19 thru 04/26/19
$323,604.22Checks # 103597 thru # 103631
dated 05/07/19
$458,096.24Disbursements via debits to checking account
dated 04/29/19 thru 05/03/19
$2,623,983.26Total Accounts Payable
PAYROLL
$564,460.53Payroll Checks and Direct Deposits dated 04/19/19
$3,557.28Payroll Deduction check # 99103725 thru # 99103730
dated 04/19/19
$583,385.79Payroll Checks and Direct Deposits dated 05/03/19
$2,624.77Payroll Deduction check # 99103744 thru # 99103747
dated 05/03/19
$1,154,028.37Total Payroll
$3,778,011.63GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions
on the attached listing. This will allow me to check the supporting documentation on file if necessary.
Attachments
Packet Page Number 27 of 300
G1, Attachments
Check Register
City of Maplewood
04/19/2019
CheckDateVendorDescriptionAmount
10353904/23/201905114BOLTON & MENK, INC.GIS ASSSISTANCE - NEW PROJECTS645.00
10354004/23/201902728KIMLEY-HORN & ASSOCIATES INCPROJ 16-18 GLADSTONE PHASE 372,653.05
10354104/23/201905353MANSFIELD OIL COCONTRACT DIESEL - MAY & JUNE8,495.41
04/23/201905353MANSFIELD OIL COCONTRACT GASOLINE - APRIL6,972.69
04/23/201905353MANSFIELD OIL COCONTRACT DIESEL - APRIL5,802.57
10354204/23/201904316CITY OF MINNEAPOLIS RECEIVABLESWORKFORCE DIRECTOR - 1ST QTR 20192,065.00
10354304/23/201901202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - APRIL8,742.48
04/23/201901202NYSTROM PUBLISHING CO INCRESIDENTIAL SOLID WASTE GUIDE 20196,144.22
10354404/23/201905647OPG-3, INC.PARTICIPANT LICENSES-CITY EMPLOYEES4,098.00
10354504/23/201901337RAMSEY COUNTY-PROP REC & REV911 DISPATCH SERVICES - MARCH33,192.96
04/23/201901337RAMSEY COUNTY-PROP REC & REVCAD SERVICES - MARCH6,803.43
04/23/201901337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - MARCH589.68
04/23/201901337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - MARCH305.76
10354604/23/201901574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS~11,137.41
04/23/201901574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS~2,484.36
10354704/23/201904845TENNIS SANITATION LLCRECYCLING FEE -MAR/CITY WIDE RECY44,565.89
10354804/23/201905525USDA, APHIS, GENERALDEER REMOVAL THRU 03/31/19704.87
10354904/23/201901190XCEL ENERGYELECTRIC & GAS UTILITY6,581.55
04/23/201901190XCEL ENERGYELECTRIC & GAS UTILITY3,019.71
04/23/201901190XCEL ENERGYELECTRIC & GAS UTILITY354.30
04/23/201901190XCEL ENERGYFIRE SIRENS54.13
10355004/23/201905761YMCAEMPLOYEE MEMBERSHIPS - FEBRUARY1,200.00
04/23/201905761YMCAEMPLOYEE MEMBERSHIPS - MARCH1,147.00
10355104/23/201905884BARRON COUNTY WASTE TO ENERGYFEE FOR DRUG DESTRUCTION100.00
10355204/23/201904992BERGANKDV2018 AUDIT23,000.00
10355304/23/201900453EHLERSTIF MANAGEMENT1,225.00
04/23/201900453EHLERSFROST III - SHERMAN PROJ - TIF EST1,163.75
04/23/201900453EHLERSTIF MANAGEMENT183.75
10355404/23/201904371ELECTRO WATCHMAN INC.CARD ACCESS SYS-PARK MAINT BLDG3,109.17
10355504/23/201900671HIRSHFIELD'STOTE OF ATHLETIC FIELD MARKING PAINT1,512.50
10355604/23/201900763JOHNSON CONTROLSANNUAL FIRE ALARM INSPECTION-1902653.33
10355704/23/201905804NM CLEAN 1, LLCVEHICLE WASHES - MARCH116.91
10355804/23/201905356NORTH SUBURBAN ACCESS CORPWEBSTREAMING SRVS - MARCH2,079.60
10355904/23/201906017NOW MICRO INCHP PC'S OFF STATE OF MN CONTRACT6,205.05
10356004/23/201904807NUSS TRUCK & EQUIPMENTREPAIRS TO TRUCK #615 INJECTORS6,179.66
10356104/23/201900001ONE TIME VENDORREFUND CBW ENT - SOFTBALL590.00
10356204/23/201900396MN DEPT OF PUBLIC SAFETYBACKGROUND CHECKS-DRIVER LICENSE66.50
10356304/23/201900396MN DEPT OF PUBLIC SAFETYDANGEROUS DOG SIGNS44.90
04/23/201900396MN DEPT OF PUBLIC SAFETYDANGEROUS DOG TAGS15.00
10356404/23/201905338REPUBLIC SERVICES #923TRASH ASSESSMENTS 201838,322.25
10356504/23/201902001CITY OF ROSEVILLEPHONE SERVICE - MARCH2,380.00
04/23/201902001CITY OF ROSEVILLEIT SUPPORT SERVICES - MARCH431.00
04/23/201902001CITY OF ROSEVILLE1920 RICE ST LIGHT-SHARED XCEL BILL52.10
10356604/23/201904256SHI INTERNATIONAL CORPSHAREPOINT ONLINE SUBSCRIPTION5,552.40
10356704/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-011345.50
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-002269.80
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-005248.88
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-004247.11
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-013237.34
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-003190.95
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-001181.39
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-012104.08
04/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-01092.98
Packet Page Number 28 of 300
G1, Attachments
10356704/23/201905528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-00382.28
10356804/23/201902464US BANKPAYING AGENT & ACCEPTANCE FEE500.00
10356904/23/201905994VISION33 INC.ACCELA IMPLEMENTATION ASSIST1,440.00
324,682.65
31Checks in this report.
Packet Page Number 29 of 300
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
4/15/2019MN State TreasurerDrivers License/Deputy Registrar56,666.01
4/15/2019MN Dept of RevenueMN Care Tax9,500.00
4/16/2019MN State TreasurerDrivers License/Deputy Registrar65,241.70
4/17/2019MN State TreasurerDrivers License/Deputy Registrar62,070.97
4/17/2019Delta DentalDental Premium2,483.37
4/18/2019MN State TreasurerDrivers License/Deputy Registrar72,453.35
4/19/2019MN State TreasurerDrivers License/Deputy Registrar101,155.09
4/19/2019MN Dept of Natural ResourcesDNR electronic licenses587.50
4/19/2019Optum HealthDCRP & Flex plan payments1,080.75
371,238.74
Packet Page Number 30 of 300
G1, Attachments
Check Register
City of Maplewood
04/26/2019
CheckDateVendorDescriptionAmount
10357004/30/201900283CENTURY COLLEGEACLS CARDS & CPA AED CARDS740.00
10357104/30/201900393MN DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - MARCH 1230352019859.68
10357204/30/201900985METROPOLITAN COUNCILWASTEWATER - MAY292,220.83
04/30/201900985METROPOLITAN COUNCILINDUSTRIAL DISCHARGE PERMIT 2019425.00
10357304/30/201901149NATURAL RESOURCES RESTOR INCPRESCRIBED BURN AT FISH CREEK4,590.00
10357404/30/201901546SUBURBAN SPORTSWEARBASEBALL UNIFORMS564.00
10357504/30/201905488SUN LIFE FINANCIALPREMIUM - LIFE,LTD - APRIL6,323.99
10357604/30/201904848AVESISMONTHLY PREMIUM - MAY323.08
10357704/30/201905794CARDIAC SCIENCE CORPORATIONTRAINING AIDS320.00
10357804/30/201905369CINTAS CORPORATION #470CLEANING SUPPLIES-CH/PD/PW/PM64.23
10357904/30/201905786COLONIAL LIFE PROCESSING CTRMONTHLY PREMIUM BCN:E4677316-APR371.26
10358004/30/201905889DEARBORN NATIONALSTD GROUP #F022290 - MAY2,200.92
10358104/30/201905886HARMON AIR, INC.REPAIR HEATER BLDG A560.00
10358204/30/201902137KENNEDY & GRAVEN CHARTEREDLEGAL FEES - MARCH9,680.40
10358304/30/201905838MINNESOTA BENEFIT ASSOCIATIONMONTHLY PREMIUM500.09
10358404/30/201906018MISTER CAR WASHCAR WASHES9.27
10358504/30/201901111MOTOROLA, INCPOLICE & FIRE RADIOS80,419.25
10358604/30/201901175CITY OF NORTH ST PAULMONTHLY UTILITIES - MARCH2,566.63
04/30/201901175CITY OF NORTH ST PAULFIBER OPTIC ACCESS CHG - APRIL1,000.00
10358704/30/201901184NORTHERN DOOR COMPANY, INC.REPLACE OVERHEAD DOOR #6 AT 190217,274.00
04/30/201901184NORTHERN DOOR COMPANY, INC.REPLACEMENT SPRING PD OVERHEAD1,313.50
04/30/201901184NORTHERN DOOR COMPANY, INC.REPLACEMENT SPRING PD OVERHEAD706.00
04/30/201901184NORTHERN DOOR COMPANY, INC.REPAIR OVERHEAD DOOR 1902266.90
04/30/201901184NORTHERN DOOR COMPANY, INC.REPAIR OVERHEAD DOOR 1902124.00
10358804/30/201900001ONE TIME VENDOREAU CLAIRE MOTOR CO - OVERPD TAX140.85
10358904/30/201902008RAMSEY COUNTY PUBLIC WORKSSALT BRINE USAGE JAN - MARCH 20191,055.34
10359004/30/201904073RATWIK, ROSZAK & MALONEY, P.A.LEGAL FEES INTERNAL INVESTIGATION5,740.02
10359104/30/201901418SAM'S CLUB DIRECTSUPPLIES FOR SPECIAL EVENTS165.25
04/30/201901418SAM'S CLUB DIRECTSUPPLIES FOR SPECIAL EVENTS51.84
04/30/201901418SAM'S CLUB DIRECTCOFFEE SUPPLIES FOR SENIOR PROG28.88
10359204/30/201901836ST PAUL, CITY OFMATERIAL - SIGNALS - RRFB BEAM1,544.11
04/30/201901836ST PAUL, CITY OFLABOR & EQUIP - SIGNALS- RRFB BEAM1,114.00
10359304/30/201901522STATE OF MINNESOTAPERSONNEL DATA WORKSHOP-ARNOLD225.00
10359404/30/201905654STRATEGIC INSIGHTS INC.CAPITAL PLANNING SOFTWARE PLAN-IT1,087.50
10359504/30/201901565SWEEPER SERVICESPARTS-STREET SWEEPERS #703 & 7141,778.95
04/30/201901565SWEEPER SERVICESPARTS-STREET SWEEPERS #703834.20
10359604/30/201901578T R F SUPPLY CO.SUPPLIES FOR PARKS DEPT945.74
04/30/201901578T R F SUPPLY CO.SHOP TOWELS FOR FLEET SHOP92.50
438,227.21
27Checks in this report.
Packet Page Number 31 of 300
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
4/22/2019MN State TreasurerDrivers License/Deputy Registrar92,986.28
4/22/2019US Bank VISA One Card*Purchasing card items65,488.30
4/22/2019MN Dept of RevenueSales Tax488.00
4/22/2019MN Dept of RevenueFuel Tax654.65
4/22/2019U.S. TreasurerFederal Payroll Tax101,367.81
4/22/2019P.E.R.A.P.E.R.A.118,310.41
4/22/2019MidAmerica - INGHRA Flex plan21,435.44
4/22/2019Labor UnionsUnion Dues3,728.20
4/22/2019MN State TreasurerState Payroll Tax24,166.53
4/22/2019ICMA (Vantagepointe)Deferred Compensation7,996.00
4/22/2019ICMA (Vantagepointe)Retiree Health Savings1,640.00
4/23/2019MN State TreasurerDrivers License/Deputy Registrar49,608.99
4/24/2019MN State TreasurerDrivers License/Deputy Registrar56,158.14
4/24/2019Delta DentalDental Premium548.40
4/24/2019Empower - State PlanDeferred Compensation31,558.00
4/25/2019MN State TreasurerDrivers License/Deputy Registrar68,320.08
4/26/2019MN State TreasurerDrivers License/Deputy Registrar62,156.26
4/26/2019Optum HealthDCRP & Flex plan payments470.71
4/26/2019MN Dept of Natural ResourcesDNR electronic licenses1,052.00
708,134.20
*Detailed listing of VISA purchases is attached.
Packet Page Number 32 of 300
G1, Attachments
Transaction DatePosting DateMerchant NameTransaction AmountName
03/29/201904/01/2019MINNESOTA MASONIC HE($250.00)JOSHUA ABRAHAM
03/29/201904/01/2019MINNESOTA MASONIC HE$250.00JOSHUA ABRAHAM
04/04/201904/05/2019AMZN MKTP US*MW39S32D0$349.18JOSHUA ABRAHAM
04/04/201904/08/2019THE HOME DEPOT #2801$11.18JOSHUA ABRAHAM
04/08/201904/09/2019TARGET 00011858$5.36JOSHUA ABRAHAM
04/09/201904/10/2019AMZN MKTP US*MW97K2UF2$31.75JOSHUA ABRAHAM
03/30/201904/01/2019DOLLAR TREE$9.66PAUL BARTZ
04/03/201904/04/2019PAKOR, INC.$280.70REGAN BEGGS
04/08/201904/09/2019GENERAL CREDIT FORMS INC$122.57REGAN BEGGS
04/03/201904/04/2019STREICHER'S MO$3,281.00BRIAN BIERDEMAN
04/05/201904/08/2019COMO PARK ANIMAL HOSPITAL$163.57BRIAN BIERDEMAN
04/10/201904/11/2019MINNESOTA CHIEFS OF POLIC$157.00BRIAN BIERDEMAN
04/10/201904/11/2019MINNESOTA CHIEFS OF POLIC$500.00BRIAN BIERDEMAN
04/11/201904/12/2019PAYPAL *USPCA 12$120.00BRIAN BIERDEMAN
03/29/201904/01/2019AMAZON.COM*MW5MJ9XQ2$300.44NEIL BRENEMAN
03/31/201904/01/2019FACEBK VU4BKGWGN2$53.43NEIL BRENEMAN
04/01/201904/02/2019AMAZON.COM*MW5Q70HH2$218.40NEIL BRENEMAN
04/04/201904/08/2019MAPLEWOOD COMMUNITY CENTE$80.00NEIL BRENEMAN
04/02/201904/03/2019TRUCK UTILITIES INC$270.40TROY BRINK
04/04/201904/08/2019THE HOME DEPOT 2801$383.77TROY BRINK
04/09/201904/11/2019NORTHERN TOOL EQUIP-MN$41.98TROY BRINK
04/04/201904/08/2019THE HOME DEPOT #2801$25.43NATHAN BURLINGAME
03/29/201904/01/2019MUSKA ELECTRIC CO$1,134.90SCOTT CHRISTENSON
04/02/201904/03/2019VIKING ELECTRIC-CREDIT DE$61.90SCOTT CHRISTENSON
04/02/201904/03/2019VIKING ELECTRIC-CREDIT DE$330.65SCOTT CHRISTENSON
04/02/201904/03/2019VIKING ELECTRIC-CREDIT DE$92.08SCOTT CHRISTENSON
SCOTT CHRISTENSON
04/02/201904/03/2019VIKING ELECTRIC-CREDIT DE$449.38
04/03/201904/04/2019CINTAS 60A SAP$86.53SCOTT CHRISTENSON
04/04/201904/08/2019THE HOME DEPOT #2801$33.12SCOTT CHRISTENSON
04/05/201904/08/2019VIKING ELECTRIC-CREDIT DE$147.90SCOTT CHRISTENSON
04/05/201904/08/2019VIKING ELECTRIC-CREDIT DE$444.00SCOTT CHRISTENSON
04/05/201904/08/2019VIKING ELECTRIC-CREDIT DE$256.95SCOTT CHRISTENSON
04/05/201904/08/2019THE HOME DEPOT #2801$27.54SCOTT CHRISTENSON
04/09/201904/10/2019VIKING ELECTRIC-CREDIT DE$57.91SCOTT CHRISTENSON
04/09/201904/10/2019VIKING ELECTRIC-CREDIT DE$39.04SCOTT CHRISTENSON
04/10/201904/11/2019CINTAS 60A SAP$70.69SCOTT CHRISTENSON
04/04/201904/05/2019GALLUP INC$119.97MELINDA COLEMAN
04/04/201904/05/2019GALLUP INC$149.97MELINDA COLEMAN
04/04/201904/05/2019BEST BUY MHT 00000109$53.68SHAWN CONWAY
04/05/201904/08/2019DOWNTOWNERS CAR WASH - SA$34.32SHAWN CONWAY
04/09/201904/10/2019DPS FIREFIGHTER LICENSING$50.00SHAWN CONWAY
04/03/201904/05/2019GALLS$4,994.91KERRY CROTTY
04/01/201904/02/2019BEST BUY MHT 00000109$214.71THOMAS DABRUZZI
04/03/201904/05/2019ZAGG INC$107.87THOMAS DABRUZZI
04/07/201904/08/2019AMZN MKTP US*MW3UL9940 AM$192.14THOMAS DABRUZZI
04/10/201904/11/2019BEST BUY MHT 00000109$177.13THOMAS DABRUZZI
03/28/201904/01/2019320 WABASHA ST N GARAGE$18.00MICHAEL DUGAS
03/30/201904/02/2019BROWNELLS INC$202.88MICHAEL DUGAS
04/04/201904/08/2019BROWNELLS INC$195.25MICHAEL DUGAS
04/09/201904/10/2019REPUBLIC SERVICES TRASH$1,425.58SHANN FINWALL
04/01/201904/02/2019POST BOARD LICENSING$1,350.00CASSIE FISHER
04/04/201904/05/2019CINTAS 60A SAP$19.76CASSIE FISHER
04/09/201904/10/2019CUB FOODS #1599$17.98CASSIE FISHER
$90.00CASSIE FISHER
04/09/201904/11/2019STATE OF MN POST BOARD
04/09/201904/11/2019STATE OF MN POST BOARD$90.00CASSIE FISHER
04/09/201904/11/2019STATE OF MN POST BOARD$90.00CASSIE FISHER
Packet Page Number 33 of 300
G1, Attachments
04/09/201904/11/2019POST BOARD SERVICE FEE$2.24CASSIE FISHER
04/09/201904/11/2019POST BOARD SERVICE FEE$2.24CASSIE FISHER
04/09/201904/11/2019POST BOARD SERVICE FEE$2.24CASSIE FISHER
04/11/201904/12/2019CINTAS 60A SAP$19.76CASSIE FISHER
03/28/201904/01/2019THE HOME DEPOT #2801($53.66)MYCHAL FOWLDS
03/28/201904/01/2019THE HOME DEPOT #2801$127.78MYCHAL FOWLDS
03/28/201904/01/2019THE HOME DEPOT #2801$53.66MYCHAL FOWLDS
03/31/201904/01/2019AMZN MKTP US*MW8MT65Z2 AM$53.62MYCHAL FOWLDS
04/01/201904/02/2019ELECTRO WATCHMAN INC$780.00MYCHAL FOWLDS
04/03/201904/03/2019LOFFLER COMPANIES, INC$196.00MYCHAL FOWLDS
04/03/201904/04/2019WEB*NETWORKSOLUTIONS$5.99MYCHAL FOWLDS
04/04/201904/05/2019CDW GOVT #RSP6228$704.13MYCHAL FOWLDS
04/04/201904/08/2019STEP RESOURCES COMMUNICAT$1,095.07MYCHAL FOWLDS
04/06/201904/08/2019VZWRLSS*APOCC VISB$7,652.42MYCHAL FOWLDS
04/10/201904/11/2019AT&T*BILL PAYMENT$31.25MYCHAL FOWLDS
04/11/201904/11/2019LOFFLER COMPANIES, INC$1,050.30MYCHAL FOWLDS
04/11/201904/12/2019CDW GOVT #FOR FIRE$354.22MYCHAL FOWLDS
04/11/201904/12/2019IDU*INSIGHT PUBLIC SEC$2,967.24MYCHAL FOWLDS
04/11/201904/12/2019WWW COSTCO COM$966.31MYCHAL FOWLDS
04/12/201904/12/2019LOFFLER COMPANIES, INC$101.00MYCHAL FOWLDS
04/12/201904/12/2019LOFFLER COMPANIES, INC$59.82MYCHAL FOWLDS
03/28/201904/01/2019INTERNATION$149.00MICHAEL FUNK
03/31/201904/01/2019AMZN MKTP US*MW85V75I2$64.30ALEX GERONSIN
04/02/201904/03/2019AMZN MKTP US*MW6NW5812$992.49ALEX GERONSIN
04/03/201904/04/2019AMZN MKTP US($893.51)ALEX GERONSIN
04/10/201904/10/2019AMAZON.COM*MW69R1IH2$107.87ALEX GERONSIN
04/04/201904/08/2019MENARDS OAKDALE MN$65.43MILES HAMRE
MILES HAMRE
04/09/201904/11/2019MENARDS MAPLEWOOD MN$7.81
04/09/201904/12/2019THE HOME DEPOT #2801$47.11MILES HAMRE
03/28/201904/01/2019MENARDS OAKDALE MN$130.16TAMARA HAYS
04/08/201904/10/2019THE HOME DEPOT #2801$36.21TAMARA HAYS
03/29/201904/01/2019MENARDS OAKDALE MN$63.08GARY HINNENKAMP
03/29/201904/01/2019HEJNY RENTAL INC$33.79GARY HINNENKAMP
04/10/201904/11/2019SITEONE LANDSCAPE SUPPLY,$332.71GARY HINNENKAMP
03/31/201904/01/2019JOES SPORTING GOODS - S$80.73ANN HUTCHINSON
04/04/201904/05/2019CINTAS 60A SAP$7.73ANN HUTCHINSON
04/04/201904/05/2019DALCO ENTERPRISES$590.80DAVID JAHN
04/02/201904/03/2019AMAZON.COM*MW02X18O2 AMZN$7.94ELIZABETH JOHNSON
04/03/201904/04/2019AMZN MKTP US*MW0DJ1QW2 AM$36.46ELIZABETH JOHNSON
04/09/201904/10/2019IN *VIRTUE PRINTING$303.67ELIZABETH JOHNSON
03/30/201904/01/2019OREILLY AUTO #2074$3.75KEVIN JOHNSON
04/02/201904/04/2019KUNO SERVICES LLC$440.24KEVIN JOHNSON
04/03/201904/04/2019CARANDTRUCKREMOTES$9.95KEVIN JOHNSON
04/11/201904/12/2019RED WING SHOE #727$297.90DON JONES
04/02/201904/03/2019SHRED-IT USA LLC$90.20LOIS KNUTSON
04/08/201904/09/2019PANERA BREAD #601305$118.11LOIS KNUTSON
04/09/201904/10/2019THE STAR TRIBUNE CIRCULAT$453.44LOIS KNUTSON
04/02/201904/04/2019MENARDS MAPLEWOOD MN$13.87ERIC KUBAT
04/07/201904/08/2019NAPA STORE 3279016$13.49ERIC KUBAT
04/07/201904/09/2019MENARDS MAPLEWOOD MN$21.26ERIC KUBAT
04/09/201904/10/2019PAYPAL *FIREMARSHAL$480.00ERIC KUBAT
04/02/201904/03/2019PEACHJAR$450.00GINA KUCHENMEISTER
04/08/201904/09/2019THOMSON WEST*TCD$565.01DAVID KVAM
03/29/201904/01/2019DALCO ENTERPRISES$31.50CHING LO
$244.23CHING LO
04/04/201904/05/2019DALCO ENTERPRISES
04/05/201904/08/2019DALCO ENTERPRISES($32.41)CHING LO
04/09/201904/10/2019DALCO ENTERPRISES$87.81CHING LO
Packet Page Number 34 of 300
G1, Attachments
03/31/201904/02/2019AIRGASS NORTH$20.63STEVE LUKIN
04/02/201904/03/2019AIRGASS NORTH$246.80STEVE LUKIN
04/02/201904/03/2019AIRGASS NORTH$168.84STEVE LUKIN
04/03/201904/03/2019COMCAST CABLE COMM$2.24STEVE LUKIN
04/10/201904/11/2019ASPEN MILLS INC.$140.55STEVE LUKIN
03/28/201904/01/2019PARKING METER ST PAUL$7.48MICHAEL MONDOR
03/29/201904/01/2019CHANNING BETE CO AHA$28.50MICHAEL MONDOR
03/30/201904/01/2019STILLWATER MOTORS$374.94MICHAEL MONDOR
03/31/201904/01/2019HOLIDAY STATIONS 0442$12.86MICHAEL MONDOR
03/31/201904/01/2019STILLWATER ACE HDWE$35.31MICHAEL MONDOR
04/02/201904/04/2019DELTA AIR 0062365421119$521.60MICHAEL MONDOR
04/03/201904/04/2019TRAVEL INSURANCE POLICY$35.21MICHAEL MONDOR
04/08/201904/09/2019PP*AYALEW3$41.46MICHAEL MONDOR
04/09/201904/10/2019PEN*FDIC/FIRE ENGINEER$541.95MICHAEL MONDOR
03/28/201904/01/2019THE HOME DEPOT 2801$206.51JOHN NAUGHTON
03/29/201904/01/2019MIDWEST FENCE$34.40JOHN NAUGHTON
04/01/201904/02/2019FRATTALLONES WOODBURY AC$62.48JOHN NAUGHTON
04/01/201904/03/2019THE HOME DEPOT #2801$53.48JOHN NAUGHTON
04/02/201904/04/2019THE HOME DEPOT #2801($77.42)JOHN NAUGHTON
04/02/201904/04/2019THE HOME DEPOT #2801$183.34JOHN NAUGHTON
04/03/201904/05/2019THE HOME DEPOT #2801$136.64JOHN NAUGHTON
04/04/201904/08/2019THE HOME DEPOT 2801$332.66JOHN NAUGHTON
04/05/201904/08/2019THE HOME DEPOT #2801$15.97JOHN NAUGHTON
04/03/201904/05/2019MAGNUM ELECTRONICS$171.29MICHAEL NYE
04/09/201904/10/2019ACME TOOLS PLYMOUTH$82.68JORDAN ORE
03/28/201904/01/2019BOUND TREE MEDICAL LLC$31.50KENNETH POWERS
03/28/201904/01/2019BOUND TREE MEDICAL LLC$901.74KENNETH POWERS
KENNETH POWERS
03/29/201904/01/2019BOUND TREE MEDICAL LLC$551.94
04/01/201904/03/2019BOUND TREE MEDICAL LLC$106.00KENNETH POWERS
04/01/201904/03/2019HEALTH CARE LOGISTICS$418.01KENNETH POWERS
04/04/201904/08/2019BOUND TREE MEDICAL LLC$76.30KENNETH POWERS
04/08/201904/10/2019BOUND TREE MEDICAL LLC$176.05KENNETH POWERS
04/08/201904/10/2019BOUND TREE MEDICAL LLC$44.50KENNETH POWERS
04/09/201904/11/2019BOUND TREE MEDICAL LLC$456.88KENNETH POWERS
03/29/201904/01/2019PIONEER RIM AND WHEEL COM$275.49STEVEN PRIEM
03/29/201904/01/2019PIONEER RIM AND WHEEL COM$8.05STEVEN PRIEM
03/30/201904/01/2019MINNESOTA TRUCKING ASS$318.18STEVEN PRIEM
04/01/201904/02/2019TOWMASTER$1,245.40STEVEN PRIEM
04/01/201904/02/2019RDOCE BUR 020101$338.34STEVEN PRIEM
04/01/201904/02/2019FACTORY MTR PTS #19$343.64STEVEN PRIEM
04/01/201904/02/20190391-AUTOPLUS$79.95STEVEN PRIEM
04/01/201904/03/2019TURFWERKS EAGAN$388.96STEVEN PRIEM
04/01/201904/03/2019AN FORD WHITE BEAR LAK$814.85STEVEN PRIEM
04/01/201904/03/2019TERMINAL SUPPLY-MINN$33.40STEVEN PRIEM
04/02/201904/03/2019FORCE AMERICA DISTRIBUTIN$52.12STEVEN PRIEM
04/02/201904/03/20190391-AUTOPLUS$665.70STEVEN PRIEM
04/02/201904/03/20190391-AUTOPLUS$52.99STEVEN PRIEM
04/02/201904/03/20190391-AUTOPLUS$99.95STEVEN PRIEM
04/02/201904/03/2019MILLS FLEET FARM 2700$56.36STEVEN PRIEM
04/02/201904/03/2019TRUCK UTILITIES INC ST PA$71.95STEVEN PRIEM
04/03/201904/05/2019AN FORD WHITE BEAR LAK$430.75STEVEN PRIEM
04/04/201904/08/2019AN FORD WHITE BEAR LAK$125.28STEVEN PRIEM
04/05/201904/08/2019OXYGEN SERVICE COMPANY,$524.30STEVEN PRIEM
04/05/201904/08/2019FACTORY MTR PTS #19$216.96STEVEN PRIEM
$37.52STEVEN PRIEM
04/05/201904/08/2019FACTORY MTR PTS #1
04/05/201904/08/2019AN FORD WHITE BEAR LAK$357.26STEVEN PRIEM
04/06/201904/08/2019AN FORD WHITE BEAR LAK($100.00)STEVEN PRIEM
Packet Page Number 35 of 300
G1, Attachments
04/08/201904/09/2019FACTORY MTR PTS #19$48.46STEVEN PRIEM
04/08/201904/09/2019FACTORY MTR PTS #19$45.52STEVEN PRIEM
04/08/201904/09/2019FACTORY MTR PTS #19$13.13STEVEN PRIEM
04/08/201904/09/2019FACTORY MTR PTS #19$13.13STEVEN PRIEM
04/08/201904/09/2019ZAHL-PETROLEUM MAINTEN$116.75STEVEN PRIEM
04/08/201904/10/2019NORTHERN TOOL+EQUIP$8.58STEVEN PRIEM
04/08/201904/10/2019MIDWAY FORD PARTS$44.98STEVEN PRIEM
04/09/201904/10/2019AN FORD WHITE BEAR LAK($53.97)STEVEN PRIEM
04/10/201904/11/20190391-AUTOPLUS($221.90)STEVEN PRIEM
04/10/201904/11/2019FACTORY MTR PTS #19$27.02STEVEN PRIEM
04/10/201904/11/2019FACTORY MTR PTS #19$15.02STEVEN PRIEM
04/10/201904/11/2019FACTORY MTR PTS #19$107.88STEVEN PRIEM
04/10/201904/11/2019FACTORY MTR PTS #19$57.00STEVEN PRIEM
04/10/201904/11/2019FACTORY MTR PTS #19$2.75STEVEN PRIEM
04/10/201904/11/2019IN *AUTOMOTIVE TRAINING G$627.00STEVEN PRIEM
04/10/201904/12/2019MENARDS MAPLEWOOD MN$11.51STEVEN PRIEM
04/10/201904/12/2019BOYER FORD TRUCKS$70.90STEVEN PRIEM
04/11/201904/12/2019SOL*SNAP-ON INDUSTRIAL$1,995.00STEVEN PRIEM
04/03/201904/05/2019THE HOME DEPOT #2801$15.98KELLY PRINS
04/04/201904/05/2019DALCO ENTERPRISES$118.71KELLY PRINS
04/03/201904/04/2019MINNESOTA OCCUPATIONAL H$214.00TERRIE RAMEAUX
04/11/201904/12/2019PERSONNEL EVALUATION$450.00TERRIE RAMEAUX
04/02/201904/03/2019AMZN MKTP US*MW3GR7KS1$29.00MICHAEL RENNER
04/08/201904/09/2019BEST BUY MHT 00000109$39.99MICHAEL RENNER
04/09/201904/10/2019AMZN MKTP US*MW5R689W2$104.98MICHAEL RENNER
04/11/201904/12/2019AMZN MKTP US*MZ99E7O40$192.44MICHAEL RENNER
04/04/201904/05/2019AMAZON.COM*MW85F2IP1 AMZN$40.16AUDRA ROBBINS
AUDRA ROBBINS
04/06/201904/08/2019AMZN MKTP US*MW3KR8K90$85.68
04/06/201904/08/2019AMZN MKTP US*MW1B86RL1$47.17AUDRA ROBBINS
04/09/201904/10/2019EIG*CONSTANTCONTACT.COM$65.00AUDRA ROBBINS
04/09/201904/12/2019THE HOME DEPOT #2801$52.09ROBERT RUNNING
04/10/201904/12/2019MENARDS MAPLEWOOD MN$42.45ROBERT RUNNING
04/02/201904/04/2019MENARDS OAKDALE MN$21.20JASON SAKRY
04/05/201904/08/2019MILLS FLEET FARM 2700$43.88JASON SAKRY
04/11/201904/12/2019LILLIE SUBURBAN NEWSPAPER$243.75DEB SCHMIDT
04/11/201904/12/2019LILLIE SUBURBAN NEWSPAPER$57.50DEB SCHMIDT
04/01/201904/03/2019SPOK INC$16.20SCOTT SCHULTZ
04/03/201904/04/2019CINTAS 60A SAP$62.23SCOTT SCHULTZ
04/03/201904/04/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ
04/03/201904/04/2019CINTAS 60A SAP$33.72SCOTT SCHULTZ
04/03/201904/04/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ
04/10/201904/11/2019CINTAS 60A SAP$62.23SCOTT SCHULTZ
04/10/201904/11/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ
04/10/201904/11/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ
04/10/201904/11/2019CINTAS 60A SAP$25.56SCOTT SCHULTZ
04/08/201904/10/2019OFFICE DEPOT #1090$51.08STEPHANIE SHEA
04/09/201904/10/2019CURTIS 1000 INC.$253.87STEPHANIE SHEA
04/02/201904/03/2019IN *RICE STREET CAR WASH$87.75MICHAEL SHORTREED
04/02/201904/04/2019SUN BADGE COMPANY$63.00MICHAEL SHORTREED
04/03/201904/04/2019EMERGENCY AUTO TECH$90.00MICHAEL SHORTREED
04/04/201904/05/2019STOP STICK LTD$2,311.00MICHAEL SHORTREED
04/08/201904/10/2019STORCHAK CLEANERS$13.77MICHAEL SHORTREED
04/08/201904/10/2019STORCHAK CLEANERS$26.74MICHAEL SHORTREED
04/09/201904/11/2019GREAT RIVER OFFICE PRODUC$3,244.00MICHAEL SHORTREED
$631.05MICHAEL SHORTREED
04/09/201904/11/2019GREAT RIVER OFFICE PRODUC
04/11/201904/12/2019LITTLE VENETIAN$49.98MICHAEL SHORTREED
03/29/201904/01/2019DISCOUNT STEEL -MN$185.38JEFF WILBER
Packet Page Number 36 of 300
G1, Attachments
$65,488.30
Packet Page Number 37 of 300
G1, Attachments
Check Register
City of Maplewood
05/02/2019
CheckDateVendorDescriptionAmount
10359705/07/201904572ETTEL & FRANZ ROOFING CO.REPAIR ROOF 1902 GARAGE/CITY HALL5,127.00
10359805/07/201900687HUGO'S TREE CARE INCEAB REMOVALS11,699.00
05/07/201900687HUGO'S TREE CARE INCREMOVE COTTONWOOD 56 DENNIS LN1,155.00
05/07/201900687HUGO'S TREE CARE INCREMOVE TREES WINTHROP/KENWOOD900.00
05/07/201900687HUGO'S TREE CARE INCREMOVE TREE HARVESTER/HIGHWOOD530.00
10359905/07/201905353MANSFIELD OIL COCONTRACT GASOLINE - APRIL ADD'L2,097.74
10360005/07/201904316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - MARCH526.50
10360105/07/201902105MN TRANSPORTATION ALLIANCEMEMBERSHIP FEE JUN 2019 - MAY 20201,170.00
10360205/07/201905902NEOFUNDSPOSTAGE - CITY HALL POSTAGE MACHINE1,500.00
05/07/201905902NEOFUNDSPOSTAGE - 1902 POSTAGE MACHINE 62971,000.00
10360305/07/201901819PAETEC/WINDSTREAMLOCAL PHONE SERVICE 03/15 - 04/14547.99
10360405/07/201901409S E HPROJ 18-01 FERNDALE-IVY STREET IMP210.90
10360505/07/201901546SUBURBAN SPORTSWEART-SHIRTS FOR YOUTH SOCCER PROG1,217.50
10360605/07/201901190XCEL ENERGYELECTRIC UTILITY13,379.64
05/07/201901190XCEL ENERGYELECTRIC & GAS UTILITY1,212.36
05/07/201901190XCEL ENERGYGAS UTILITY166.35
05/07/201901190XCEL ENERGYGAS UTILITY87.32
05/07/201901190XCEL ENERGYELECTRIC UTILITY63.75
05/07/201901190XCEL ENERGYELECTRIC UTILITY17.92
05/07/201901190XCEL ENERGYELECTRIC & GAS UTILITY-291.00
10360705/07/201905013YALE MECHANICAL LLCINSTALL DRINKING FOUNTAIN IN PD1,459.59
10360805/07/201905369CINTAS CORPORATION #470CLEANING SUPPLIES-CH/PD/PW/PM64.23
10360905/07/201905807COMMUNITY HEALTH CHARITIESRECEPIENT #130765254 - PLEDGES443.00
10361005/07/201905313GRAPHIC DESIGN, INC.BUSINESS CARDS118.50
10361105/07/201905640GRAYBARUPS YEARLY SRVS AGREEMENT 2019-202,481.61
10361205/07/201900702ICMAMEMBERSHIP-M COLEMAN 7/2019-6/20201,380.00
10361305/07/201900827L M C I TCLAIM DEDUCTIBLE LMC CA 79288 (18/19)7,113.96
10361405/07/201900244LINE 1 PARTNERS, INCCABLING AT WAKEFIELD PK BLDG4,477.09
10361505/07/201905840MAKE THE MOVE TRAINING, LLCFIRE TRAINING - APRIL1,400.00
10361605/07/201905809MARCO TECHNOLOGIES LLCXPROTECT MAINT AGREEMENT 20192,516.00
10361705/07/201903818MEDICAMONTHLY PREMIUM - MAY193,987.47
10361805/07/201901089MN UC FUNDQTR UNEMPLOYMENT - 1ST QTR3,786.55
10361905/07/201901126NCPERS GROUP LIFE INS. MNMONTHLY PREMIUM - MAY528.00
10362005/07/201900001ONE TIME VENDORREIMB K HUNT - 500 FERNDALE ST274.00
10362105/07/201900001ONE TIME VENDORRENEWAL BY ANDERSON - PERMIT117.00
10362205/07/201900001ONE TIME VENDORREIMB MO CHANG 2055 WHITE BEAR AVE N80.00
10362305/07/201905609OUTDOOR LAB LANDSCAPE DESIGNSPRING CLEAN-UP BOULEVARD GARDENS4,200.00
10362405/07/201906014REHDER FORESTRY CONSULTINGTREE INSPECTION SRVS - APRIL2,470.01
10362505/07/201904130SCHINDLER ELEVATOR CORPQUARTERLY MAINT - 1902 PW 5/1 -7/31771.24
10362605/07/201900198ST PAUL REGIONAL WATER SRVSWATER UTILITY1,514.42
10362705/07/201901836ST PAUL, CITY OFANIMAL BOARDING SRVS - FEBRUARY430.00
05/07/201901836ST PAUL, CITY OFANIMAL BOARDING SRVS - JANUARY305.00
05/07/201901836ST PAUL, CITY OFRADIO MAINT & SRVS - DECEMBER100.00
10362805/07/201905282STERTIL KONI - USAST-1085-2FWA MOBILE COLUMS~41,950.58
10362905/07/201901550SUMMIT INSPECTIONSELECTRICAL INSPECTIONS - APRIL8,108.00
10363005/07/201901698GREATER TWIN CITIES UNITED WAY1ST QTR PLEDGE AMT 2019210.00
10363105/07/201901876WHAT WORKS INCSTAFF TRAINING FOR CD DEPT1,000.00
323,604.22
35Checks in this report.
Packet Page Number 38 of 300
G1, Attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
DatePayeeDescriptionAmount
4/29/2019MN State TreasurerDrivers License/Deputy Registrar92,301.97
4/30/2019MN State TreasurerDrivers License/Deputy Registrar88,317.11
5/1/2019MN State TreasurerDrivers License/Deputy Registrar78,329.75
5/2/2019MN State TreasurerDrivers License/Deputy Registrar94,368.67
5/3/2019MN State TreasurerDrivers License/Deputy Registrar49,989.00
5/3/2019US Bank VISA One Card*Purchasing card items44,577.64
5/3/2019Optum HealthDCRP & Flex plan payments1,431.70
5/3/2019ICMA (Vantagepointe)Deferred Compensation7,394.00
5/3/2019MN Dept of Natural ResourcesDNR electronic licenses1,386.40
458,096.24
*Detailed listing of VISA purchases is attached.
Packet Page Number 39 of 300
G1, Attachments
Transaction DatePosting DateMerchant NameTransaction AmountName
04/15/201904/16/2019OLD LOG THEATRE$100.00JOSHUA ABRAHAM
04/16/201904/17/2019MINNESOTA MASONIC HE$450.00JOSHUA ABRAHAM
04/16/201904/17/2019TARGET 00011858$75.52JOSHUA ABRAHAM
04/17/201904/18/2019CUB FOODS #1599$6.98JOSHUA ABRAHAM
04/22/201904/24/2019THE HOME DEPOT #2801$9.41JOSHUA ABRAHAM
04/25/201904/26/2019OLD LOG THEATRE$399.50JOSHUA ABRAHAM
04/12/201904/15/2019FERGUSON WTRWRKS #2518$176.95DAVE ADAMS
04/17/201904/18/2019FASTENAL COMPANY01$73.26DAVE ADAMS
04/17/201904/18/2019GANDER #662$21.41DAVE ADAMS
04/17/201904/18/2019MILLS FLEET FARM 2700$14.95DAVE ADAMS
04/15/201904/17/2019OFFICE DEPOT #1090$69.41REGAN BEGGS
04/22/201904/23/2019ST PAUL STAMP WORKS INC$24.20REGAN BEGGS
04/12/201904/15/2019FEDEX OFFIC61700006171$1,217.50CHAD BERGO
04/17/201904/18/2019CULVER'S # 344$21.64BRIAN BIERDEMAN
04/17/201904/18/2019COUNTRY INN & SUITES SC$320.28BRIAN BIERDEMAN
04/22/201904/23/2019AMAZON.COM*MZ29M0VZ0 AMZN$95.12BRIAN BIERDEMAN
04/22/201904/24/2019THE HOME DEPOT #2801$28.13OAKLEY BIESANZ
04/22/201904/24/2019MINNESOTA ASSOCIATIO$75.00OAKLEY BIESANZ
04/17/201904/18/2019AMZN MKTP US*MZ75K6ZR2 AM$8.04NEIL BRENEMAN
04/16/201904/17/2019SITEONE LANDSCAPE SUPPLY,$8.24TROY BRINK
04/16/201904/18/2019MENARDS MAPLEWOOD MN$44.04TROY BRINK
04/16/201904/18/2019THE HOME DEPOT #2801$178.08TROY BRINK
04/14/201904/15/2019AMAZON.COM*MZ3Y33ZH0 AMZN$716.60DANIEL BUSACK
04/17/201904/18/2019COUNTRY INN & SUITES SC$106.76DANIEL BUSACK
04/22/201904/23/2019CUB FOODS #1599$17.97DANIEL BUSACK
04/25/201904/25/2019EISEMAN-LUDMAR CO INC$36.39DANIEL BUSACK
04/24/201904/25/2019BATTERIES PLUS - #0031$23.57JOHN CAPISTRANT
04/10/201904/15/2019TWIN CITY FILTER SERVICE$1,254.07SCOTT CHRISTENSON
04/10/201904/15/2019TWIN CITY FILTER SERVICE$363.16SCOTT CHRISTENSON
04/10/201904/15/2019TWIN CITY FILTER SERVICE$173.16SCOTT CHRISTENSON
04/10/201904/15/2019TWIN CITY FILTER SERVICE$42.14SCOTT CHRISTENSON
04/12/201904/19/2019BEARINGS PT$244.22SCOTT CHRISTENSON
04/17/201904/18/2019CINTAS 60A SAP$28.11SCOTT CHRISTENSON
04/17/201904/18/2019CINTAS 60A SAP$86.53SCOTT CHRISTENSON
04/17/201904/19/2019VIKING ELECTRIC-CREDIT DE$105.28SCOTT CHRISTENSON
04/22/201904/24/2019THE HOME DEPOT #2801$36.96SCOTT CHRISTENSON
04/24/201904/25/2019CINTAS 60A SAP$61.69SCOTT CHRISTENSON
04/12/201904/15/2019GALLUP INC($119.97)MELINDA COLEMAN
04/14/201904/15/2019COSTCO WHSE #1021$41.90MELINDA COLEMAN
04/22/201904/23/2019GALLUP INC$39.99MELINDA COLEMAN
04/16/201904/17/2019U OF M PARKING AND TRANS$7.00KERRY CROTTY
04/12/201904/15/2019AMAZON.COM*MW3RH5YW2 AMZN$78.59THOMAS DABRUZZI
04/12/201904/15/2019REI.COM$120.00THOMAS DABRUZZI
04/15/201904/16/2019AMZN MKTP US*MZ5H78ZF0 AM$105.04THOMAS DABRUZZI
04/17/201904/18/2019AMZN MKTP US*MZ52I80P1 AM$53.66THOMAS DABRUZZI
04/13/201904/15/2019PANERA BREAD #601305$60.82MICHAEL DUGAS
04/14/201904/15/2019BATTERIES PLUS - #0031$50.25MICHAEL DUGAS
04/17/201904/18/2019NAPA STORE 3279016$16.99DOUG EDGE
04/17/201904/19/2019ON SITE SANITATION INC$61.99SHANN FINWALL
04/22/201904/23/2019TARGET 00011858$73.81SHANN FINWALL
04/16/201904/17/2019PAYPAL *IACA$10.00CASSIE FISHER
04/18/201904/19/2019CINTAS 60A SAP$19.76CASSIE FISHER
04/16/201904/17/2019AMZN MKTP US*MZ9C53TC0 AM$49.33MYCHAL FOWLDS
04/16/201904/17/2019AMZN MKTP US*MZ5AP0ZA2 AM$9.65MYCHAL FOWLDS
04/16/201904/17/2019IDU*INSIGHT PUBLIC SEC$989.08MYCHAL FOWLDS
04/17/201904/17/2019COMCAST CABLE COMM$4.50MYCHAL FOWLDS
04/17/201904/18/2019IDU*INSIGHT PUBLIC SEC$989.08MYCHAL FOWLDS
Packet Page Number 40 of 300
G1, Attachments
04/18/201904/19/2019IDU*INSIGHT PUBLIC SEC$571.08MYCHAL FOWLDS
04/21/201904/23/2019U.S.INTERNET CORP$394.00MYCHAL FOWLDS
04/23/201904/23/2019COMCAST CABLE COMM$140.95MYCHAL FOWLDS
04/24/201904/25/2019AMZN MKTP US*MZ29Q6G02 AM$75.12MYCHAL FOWLDS
04/24/201904/25/2019AMZN MKTP US*MZ75I3G72$75.15MYCHAL FOWLDS
04/13/201904/15/2019AMZN MKTP US*MZ03R13Z1$67.88NICK FRANZEN
04/12/201904/15/2019THANH TRUCGREEN BAMBOO$34.00MICHAEL FUNK
04/15/201904/17/2019OTC BRANDS, INC.$24.37CAROLE GERNES
04/12/201904/15/2019SAFE-FAST(MW)$45.08MARK HAAG
04/17/201904/18/2019SITEONE LANDSCAPE SUPPLY,$138.83MARK HAAG
04/17/201904/19/2019LTG POWER EQUIPMENT$46.26MARK HAAG
04/22/201904/24/2019OFFICEMAX/DEPOT 6164$14.94MARK HAAG
04/15/201904/16/2019FASTENAL COMPANY01$235.89TAMARA HAYS
04/15/201904/16/2019FASTENAL COMPANY01$320.01TAMARA HAYS
04/15/201904/16/2019FASTENAL COMPANY01$309.30TAMARA HAYS
04/18/201904/19/2019MERSC$175.00LINDSAY HERZOG
04/18/201904/22/2019NORTHERN TOOL+EQUIP$134.98GARY HINNENKAMP
04/19/201904/22/2019NORTHERN TOOL+EQUIP$31.96GARY HINNENKAMP
04/16/201904/17/2019PAYPAL *RAPIDWRISTB$56.00ANN HUTCHINSON
04/18/201904/19/2019HOMEGOODS #391$36.40ANN HUTCHINSON
04/18/201904/19/2019CINTAS 60A SAP$18.30ANN HUTCHINSON
04/24/201904/26/2019OTC BRANDS, INC.$21.65ANN HUTCHINSON
04/12/201904/15/2019EASYKEYSCOM INC$22.39DAVID JAHN
04/16/201904/17/2019EASYKEYSCOM INC$34.75DAVID JAHN
04/17/201904/19/2019FINANCE AND COMMERCE INC$380.89MEGHAN JANASZAK
04/13/201904/15/2019AMAZON.COM*MZ1RH84R0 AMZN$18.44ELIZABETH JOHNSON
04/14/201904/15/2019AMAZON.COM*MZ79C8JP1$29.84ELIZABETH JOHNSON
04/16/201904/17/2019U OF M PARKING AND TRANS$7.00KEVIN JOHNSON
04/18/201904/19/2019BCA TRAINING EDUCATION$75.00KEVIN JOHNSON
04/23/201904/23/2019AMZN MKTP US*MZ8IR9VG0$34.32KEVIN JOHNSON
04/24/201904/25/2019AMZN MKTP US*MZ8KJ5HY0 AM$322.02KEVIN JOHNSON
04/15/201904/16/2019AMAZON.COM*MZ4HZ1NP0 AMZN$42.94LOIS KNUTSON
04/16/201904/18/2019OFFICE DEPOT #1090$52.88LOIS KNUTSON
04/17/201904/18/2019JERRYS WOODBURY$28.43LOIS KNUTSON
04/18/201904/22/2019MICHAELS MAPLEWOOD BAKERY$30.30LOIS KNUTSON
04/19/201904/22/2019TST* ACAPULCO MEXICAN RES$273.87LOIS KNUTSON
04/22/201904/24/2019OLIVE GARDEN 0021200$141.80LOIS KNUTSON
04/23/201904/24/2019BLUE RIBBON BAIT SHOP$18.20ERIC KUBAT
04/16/201904/17/2019U OF M PARKING AND TRANS$7.00JASON KUCHENMEISTER
04/17/201904/17/2019ULINE *SHIP SUPPLIES$164.29JASON KUCHENMEISTER
04/18/201904/19/2019TRI-TECH/NATIONAL LAW$124.50JASON KUCHENMEISTER
04/18/201904/19/2019TRI-TECH/NATIONAL LAW$169.50JASON KUCHENMEISTER
04/19/201904/22/2019MENARDS OAKDALE MN$42.99JASON KUCHENMEISTER
04/18/201904/19/2019TARGET 00011858$100.00CHING LO
04/18/201904/19/2019CUB FOODS #1599$25.96CHING LO
04/24/201904/25/2019ST PAUL PUBLIC WORKS PARK$4.65STEVE LOVE
04/12/201904/15/2019COSTCO WHSE #1021$83.72STEVE LUKIN
04/20/201904/22/2019REPUBLIC SERVICES TRASH$158.74STEVE LUKIN
04/23/201904/24/2019ASPEN MILLS INC.$16.50STEVE LUKIN
04/23/201904/25/2019M&G TRAILER SALES SERV$3,129.00STEVE LUKIN
04/24/201904/25/2019USA*MINUTE KEY, INC.$5.89STEVE LUKIN
04/24/201904/25/2019USA*MINUTE KEY, INC.$5.89STEVE LUKIN
04/23/201904/24/2019TARGET 00011858$24.75MIKE MARTIN
04/23/201904/25/2019ABM PARKING UNION DEPOT 8$5.00MIKE MARTIN
04/11/201904/15/2019DELTA AIR 0062170910843$375.03MICHAEL MONDOR
04/13/201904/15/2019SQ *TAXI PROS LLC$39.06MICHAEL MONDOR
04/13/201904/15/2019MARRIOTT INDY$870.48MICHAEL MONDOR
04/14/201904/15/2019MARRIOTT INDY$288.96MICHAEL MONDOR
Packet Page Number 41 of 300
G1, Attachments
04/14/201904/15/2019HOLIDAY CAR WASH 442$12.00MICHAEL MONDOR
04/17/201904/18/2019HELMETS R US$1,531.40MICHAEL MONDOR
04/17/201904/18/2019AMAZON.COM*MZ6O59TH0 AMZN$28.97MICHAEL MONDOR
04/17/201904/18/2019AMAZON.COM*MZ3M35AM0 AMZN$15.45MICHAEL MONDOR
04/17/201904/18/2019AMAZON.COM*MZ08T2ZL2 AMZN$45.60MICHAEL MONDOR
04/17/201904/19/2019KWIK TRIP 41500004150$5.00MICHAEL MONDOR
04/18/201904/19/2019EVEREST EMERGENCY VEHICLE$769.70MICHAEL MONDOR
04/18/201904/19/2019EVEREST EMERGENCY VEHICLE$122.61MICHAEL MONDOR
04/17/201904/19/2019BEST WESTERN HOTELS ST$368.28SCOTT NADEAU
04/16/201904/18/2019THE HOME DEPOT #2801$179.75JOHN NAUGHTON
04/18/201904/19/2019MIDWEST FENCE$30.00JOHN NAUGHTON
04/18/201904/22/2019NORTHERN TOOL+EQUIP$59.98JOHN NAUGHTON
04/25/201904/26/2019VL OAKDALE CONTRACT SALES$197.70JOHN NAUGHTON
04/15/201904/17/2019ST CLOUD PARKING$5.00MICHAEL NYE
04/16/201904/18/2019THE BOULDER TAP HOUSE & G$65.02MICHAEL NYE
04/16/201904/18/2019ST CLOUD PARKING$5.00MICHAEL NYE
04/17/201904/18/2019GREEN MILL - ST CLOUD$58.28MICHAEL NYE
04/17/201904/18/2019COUNTRY INN & SUITES SC$320.28MICHAEL NYE
04/17/201904/19/2019ST CLOUD PARKING$5.00MICHAEL NYE
04/23/201904/25/2019THE HOME DEPOT #2801$4.95JORDAN ORE
04/15/201904/17/2019MINNESOTA GOVERNMENT FIN$40.00ELLEN PAULSETH
04/16/201904/18/2019BOUND TREE MEDICAL LLC$926.95KENNETH POWERS
04/24/201904/26/2019MENARDS MAPLEWOOD MN$35.82KENNETH POWERS
04/12/201904/15/20190391-AUTOPLUS$53.86STEVEN PRIEM
04/12/201904/15/20190391-AUTOPLUS$70.36STEVEN PRIEM
04/15/201904/16/2019POMP'S TIRE #021$246.75STEVEN PRIEM
04/15/201904/16/2019FACTORY MTR PTS #19$24.52STEVEN PRIEM
04/15/201904/16/20190391-AUTOPLUS$79.95STEVEN PRIEM
04/15/201904/17/2019AN FORD WHITE BEAR LAK$18.00STEVEN PRIEM
04/16/201904/17/2019AN FORD WHITE BEAR LAK($62.50)STEVEN PRIEM
04/16/201904/17/2019TRI-STATE BOBCAT$52.28STEVEN PRIEM
04/17/201904/18/2019TOOLDISCOUNTER($79.69)STEVEN PRIEM
04/17/201904/18/20190391-AUTOPLUS$40.58STEVEN PRIEM
04/17/201904/18/20190391-AUTOPLUS$79.95STEVEN PRIEM
04/17/201904/18/2019IN *MIDWEST LIFT WORKS$345.00STEVEN PRIEM
04/17/201904/22/2019PERFORMANCE TRANSMISSION$98.27STEVEN PRIEM
04/18/201904/19/20190391-AUTOPLUS$79.95STEVEN PRIEM
04/18/201904/19/2019ABLE HOSE$444.39STEVEN PRIEM
04/18/201904/22/2019WHEELCO BRAKE &SUPPLY$48.28STEVEN PRIEM
04/18/201904/22/2019NUSS TRUCK GROUP INC$227.96STEVEN PRIEM
04/18/201904/22/2019AN FORD WHITE BEAR LAK$464.48STEVEN PRIEM
04/18/201904/22/2019PIONEER RIM AND WHEEL COM$259.28STEVEN PRIEM
04/19/201904/22/2019FACTORY MTR PTS #19$101.54STEVEN PRIEM
04/19/201904/22/2019FACTORY MTR PTS #19$21.77STEVEN PRIEM
04/19/201904/22/2019TRI-STATE BOBCAT$50.77STEVEN PRIEM
04/22/201904/23/2019CRYSTEEL TRUCK EQUIPMENT$18.06STEVEN PRIEM
04/22/201904/24/2019AN FORD WHITE BEAR LAK$31.10STEVEN PRIEM
04/23/201904/24/2019POMP'S TIRE #021$130.77STEVEN PRIEM
04/23/201904/24/2019NATIONAL PARTS CORP$810.45STEVEN PRIEM
04/23/201904/25/2019TURFWERKS EAGAN$112.86STEVEN PRIEM
04/23/201904/25/2019TURFWERKS EAGAN$124.53STEVEN PRIEM
04/24/201904/25/20190391-AUTOPLUS$9.59STEVEN PRIEM
04/24/201904/25/2019ABLE HOSE$4.38STEVEN PRIEM
04/24/201904/26/2019NUSS TRUCK GROUP INC($73.60)STEVEN PRIEM
04/24/201904/26/2019NUSS TRUCK GROUP INC$6.63STEVEN PRIEM
04/24/201904/26/2019NORTHERN TOOL+EQUIP$7.99STEVEN PRIEM
04/25/201904/26/2019POMP'S TIRE #021$918.60STEVEN PRIEM
04/25/201904/26/2019POMP'S TIRE #021$465.00STEVEN PRIEM
Packet Page Number 42 of 300
G1, Attachments
04/24/201904/25/2019DALCO ENTERPRISES$75.60KELLY PRINS
04/16/201904/17/2019THE STAR TRIBUNE ONLINE$360.00TERRIE RAMEAUX
04/24/201904/25/2019PERSONNEL EVALUATION$500.00TERRIE RAMEAUX
04/15/201904/16/2019AMZN MKTP US*MZ17G9TH1 AM$45.12MICHAEL RENNER
04/15/201904/16/2019AMZN MKTP US*MZ4WD4AB1 AM$146.56MICHAEL RENNER
04/16/201904/17/2019AMZN MKTP US*MZ3085L92 AM$84.66MICHAEL RENNER
04/15/201904/17/2019CINTAS 60A SAP$111.20AUDRA ROBBINS
04/16/201904/17/2019DOLLAR TREE$98.17AUDRA ROBBINS
04/17/201904/17/2019AMZN MKTP US*MZ13G5ZD2 AM$16.08AUDRA ROBBINS
04/17/201904/19/2019CINTAS 60A SAP$38.10AUDRA ROBBINS
04/17/201904/19/2019FUN EXPRESS$47.30AUDRA ROBBINS
04/22/201904/24/2019GIGSALAD$453.00AUDRA ROBBINS
04/26/201904/26/2019WALMART.COM 8009666546$1,272.26AUDRA ROBBINS
04/15/201904/16/2019TARGET 00011858$2,175.00JOSEPH RUEB
04/15/201904/16/2019WALGREENS #01751$750.00JOSEPH RUEB
04/16/201904/17/2019WALGREENS #01751$750.00JOSEPH RUEB
04/16/201904/17/2019MINN COR INDUSTRIES$70.00JOSEPH RUEB
04/16/201904/18/2019MINNESOTA GOVERNMENT FIN$50.00JOSEPH RUEB
04/19/201904/22/2019CUB FOODS #1599$1,650.00JOSEPH RUEB
04/19/201904/22/2019WALGREENS #01751$750.00JOSEPH RUEB
04/22/201904/23/2019GARY CARLSON EQUIPMENT$718.00ROBERT RUNNING
04/23/201904/24/2019FASTENAL COMPANY01$383.90ROBERT RUNNING
04/23/201904/24/2019FASTENAL COMPANY01$383.90ROBERT RUNNING
04/25/201904/26/2019FASTENAL COMPANY01($383.90)ROBERT RUNNING
04/18/201904/22/2019MENARDS OAKDALE MN$439.68JASON SAKRY
04/14/201904/15/2019REPUBLIC SERVICES TRASH$1,556.22SCOTT SCHULTZ
04/17/201904/18/2019CINTAS 60A SAP$105.71SCOTT SCHULTZ
04/17/201904/18/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ
04/17/201904/18/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ
04/17/201904/18/2019CINTAS 60A SAP$33.72SCOTT SCHULTZ
04/20/201904/22/2019CINTAS 60A SAP$116.56SCOTT SCHULTZ
04/20/201904/22/2019CINTAS 60A SAP$94.00SCOTT SCHULTZ
04/22/201904/23/2019AM LEONARD$117.97SCOTT SCHULTZ
04/22/201904/24/2019ON SITE SANITATION INC$118.07SCOTT SCHULTZ
04/24/201904/25/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ
04/24/201904/25/2019CINTAS 60A SAP$62.23SCOTT SCHULTZ
04/24/201904/25/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ
04/24/201904/25/2019CINTAS 60A SAP$25.56SCOTT SCHULTZ
04/24/201904/26/2019MENARDS MAPLEWOOD MN$24.64SCOTT SCHULTZ
04/13/201904/15/2019FACEBK ACYZ4KWBC2$25.00JOE SHEERAN
04/14/201904/15/2019FACEBK N6658KWAC2$5.00JOE SHEERAN
04/15/201904/16/2019FACEBK RDVS5KWBC2$25.00JOE SHEERAN
04/18/201904/19/2019CVS/PHARMACY #01751$8.52JOE SHEERAN
04/19/201904/19/2019FACEBK B9R6PKABC2$17.67JOE SHEERAN
04/15/201904/16/2019GREEN MILL - ST CLOUD$54.71MICHAEL SHORTREED
04/15/201904/16/2019GRANITE CITY -ST. CLOUD$87.63MICHAEL SHORTREED
04/16/201904/17/2019GRAFIX SHOPPE$165.00MICHAEL SHORTREED
04/17/201904/18/2019GREEN MILL - ST CLOUD$29.30MICHAEL SHORTREED
04/17/201904/19/2019BEST WESTERN HOTELS ST$368.28MICHAEL SHORTREED
04/18/201904/19/2019GREEN MILL - ST CLOUD$39.05MICHAEL SHORTREED
04/22/201904/23/2019CUB FOODS #1599$11.92MICHAEL SHORTREED
04/22/201904/23/2019GRAPHIC DESIGN INC$306.39MICHAEL SHORTREED
04/12/201904/15/2019HOLIDAY STATIONS 3519$3.50JOSEPH STEINER
04/23/201904/24/2019SHOPCORPORATEMARK.COM$154.96DAVID SWAN
04/25/201904/26/2019EB 2019 AMBO CHAPTER$200.00DAVID SWAN
04/19/201904/22/2019RED WING SHOE #727$222.72TODD TEVLIN
Packet Page Number 43 of 300
G1, Attachments
$44,577.64
Packet Page Number 44 of 300
G1, Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
04/19/19ABRAMS, MARYLEE564.0726.39
04/19/19JUENEMANN, KATHLEEN473.60
04/19/19KNUTSON, WILLIAM473.60
04/19/19NEBLETT, SYLVIA473.60
04/19/19SMITH, BRYAN473.60
04/19/19COLEMAN, MELINDA6,088.64
04/19/19FUNK, MICHAEL5,499.75
04/19/19KNUTSON, LOIS3,092.54
04/19/19CHRISTENSON, SCOTT2,814.02
04/19/19JAHN, DAVID2,296.58
04/19/19PRINS, KELLY2,396.59
04/19/19HERZOG, LINDSAY2,090.24
04/19/19RAMEAUX, THERESE3,657.78
04/19/19ANDERSON, CAROLE2,059.18
04/19/19DEBILZAN, JUDY2,514.59
04/19/19OSWALD, BRENDA2,550.40
04/19/19PAULSETH, ELLEN5,256.32
04/19/19RUEB, JOSEPH4,147.59
04/19/19ARNOLD, AJLA2,226.83
04/19/19BEGGS, REGAN2,206.59
04/19/19COLE, DEBORAH3,618.95
04/19/19EVANS, CHRISTINE2,248.99
04/19/19LARSON, MICHELLE2,249.00
04/19/19SINDT, ANDREA3,647.03
04/19/19HANSON, MELISSA1,967.66
04/19/19HOCKBEIN, JUDY1,030.56
04/19/19KRAMER, PATRICIA1,169.40
04/19/19MOY, PAMELA2,139.12101.50
04/19/19OSTER, ANDREA2,258.25
04/19/19RICHTER, CHARLENE1,678.43
04/19/19VITT, JULIANNE1,000.51
04/19/19WEAVER, KRISTINE3,398.16
04/19/19ABEL, CLINT2,580.41
04/19/19ALDRIDGE, MARK3,845.04
04/19/19BAKKE, LONN3,771.01
04/19/19BARTZ, PAUL3,959.75
04/19/19BELDE, STANLEY4,612.44
04/19/19BENJAMIN, MARKESE3,462.57
04/19/19BERG, TERESA735.60
04/19/19BERGERON, ASHLEY2,880.88
04/19/19BIERDEMAN, BRIAN4,096.40
04/19/19BURT-MCGREGOR, EMILY2,697.55
04/19/19BUSACK, DANIEL4,488.70
04/19/19COLEMAN, ALEXANDRA2,464.08
04/19/19CONDON, MITCHELL2,443.25
04/19/19CORCORAN, THERESA2,251.29
04/19/19CROTTY, KERRY4,700.01
04/19/19DEMULLING, JOSEPH3,604.11
04/19/19DUGAS, MICHAEL4,252.58
04/19/19FISHER, CASSANDRA2,503.39
Packet Page Number 45 of 300
G1, Attachments
04/19/19FORSYTHE, MARCUS3,188.51
04/19/19FRITZE, DEREK4,471.80
04/19/19GABRIEL, ANTHONY4,082.55
04/19/19HAWKINSON JR, TIMOTHY4,172.90
04/19/19HENDRICKS, JENNIFER1,905.61
04/19/19HER, PHENG3,742.86
04/19/19HIEBERT, STEVEN3,597.37
04/19/19HOEMKE, MICHAEL3,725.46
04/19/19JOHNSON, KEVIN4,490.98
04/19/19KHAREL, RAM406.00
04/19/19KONG, TOMMY3,794.57
04/19/19KREKELER, NICHOLAS632.40
04/19/19KROLL, BRETT3,646.97
04/19/19KUCHENMEISTER, JASON1,749.60
04/19/19KVAM, DAVID5,019.96
04/19/19LANGNER, SCOTT3,484.91
04/19/19LANGNER, TODD4,465.78
04/19/19LENERTZ, NICHOLAS2,593.95
04/19/19LYNCH, KATHERINE3,415.11
04/19/19MARINO, JASON4,142.45
04/19/19MCCARTY, GLEN3,613.52
04/19/19MICHELETTI, BRIAN3,675.47
04/19/19MURRAY, RACHEL2,689.14
04/19/19NADEAU, SCOTT5,818.59
04/19/19NYE, MICHAEL4,252.58
04/19/19OLSON, JULIE3,768.72
04/19/19PARKER, JAMES4,246.35
04/19/19SALCHOW, CONNOR406.00
04/19/19SEPULVEDA III, BERNARDO348.00
04/19/19SHEA, STEPHANIE2,043.39
04/19/19SHORTREED, MICHAEL4,880.42
04/19/19STARKEY, ROBERT3,072.28
04/19/19STEINER, JOSEPH4,307.77
04/19/19STOCK, AUBREY2,590.03
04/19/19SWANSON, MATTHEW348.00
04/19/19SWETALA, NOAH348.00
04/19/19TAUZELL, BRIAN3,982.11
04/19/19THIENES, PAUL5,354.45
04/19/19WENZEL, JAY3,548.71
04/19/19WIETHORN, AMANDA2,276.63
04/19/19XIONG, KAO3,892.83
04/19/19XIONG, TUOYER2,276.63
04/19/19ZAPPA, ANDREW3,669.64
04/19/19BARRETTE, CHARLES3,521.82
04/19/19BAUMAN, ANDREW3,185.98
04/19/19BEITLER, NATHAN2,822.77
04/19/19CAPISTRANT, JOHN97.50
04/19/19CONWAY, SHAWN4,134.96
04/19/19CRAWFORD JR, RAYMOND3,846.30
04/19/19CRUMMY, CHARLES2,993.47
04/19/19DABRUZZI, THOMAS3,392.70
04/19/19DANLEY, NICHOLAS2,613.36
04/19/19DAVISON, BRADLEY2,615.33
04/19/19DAWSON, RICHARD4,280.03
04/19/19HAGEN, MICHAEL3,548.25
04/19/19HALWEG, JODI3,315.81
04/19/19HAWTHORNE, ROCHELLE3,643.54
04/19/19KUBAT, ERIC3,497.64
04/19/19LANDER, CHARLES3,255.05
04/19/19LO, CHING1,379.73
04/19/19LUKIN, STEVEN5,503.01
Packet Page Number 46 of 300
G1, Attachments
04/19/19MALESKI, MICHAEL4,019.07
04/19/19MCGEE, BRADLEY2,747.89
04/19/19MERKATORIS, BRETT3,719.01
04/19/19MONDOR, MICHAEL5,214.78
04/19/19NEILY, STEVEN4,861.69
04/19/19NIELSEN, KENNETH3,838.45
04/19/19NOVAK, JEROME3,328.71
04/19/19PERRY, SAM2,310.981,725.54
04/19/19POWERS, KENNETH3,405.68
04/19/19RADINZEL, AUSTIN2,604.17
04/19/19SEDLACEK, JEFFREY3,655.90
04/19/19SMITH, CHARLES3,522.70
04/19/19STREFF, MICHAEL3,781.58
04/19/19ZAPPA, ERIC2,969.31
04/19/19CORTESI, LUANNE2,248.99
04/19/19JANASZAK, MEGHAN2,796.01
04/19/19BRINK, TROY3,354.11
04/19/19BUCKLEY, BRENT2,791.85
04/19/19DOUGLASS, TOM2,397.15
04/19/19EDGE, DOUGLAS2,611.06
04/19/19JOHNSON, JEREMY2,213.05
04/19/19JONES, DONALD3,038.71
04/19/19MEISSNER, BRENT2,819.93
04/19/19NAGEL, BRYAN4,525.60
04/19/19OSWALD, ERICK3,350.98
04/19/19RUNNING, ROBERT3,022.37
04/19/19TEVLIN, TODD3,044.71
04/19/19BURLINGAME, NATHAN3,120.81
04/19/19DUCHARME, JOHN3,245.53
04/19/19ENGSTROM, ANDREW3,268.42
04/19/19JAROSCH, JONATHAN4,066.40
04/19/19LINDBLOM, RANDAL3,247.83
04/19/19LOVE, STEVEN5,274.89
04/19/19STRONG, TYLER2,668.80
04/19/19ZIEMAN, SCOTT136.00
04/19/19HAMRE, MILES2,438.66
04/19/19HAYS, TAMARA2,506.48
04/19/19HINNENKAMP, GARY2,830.89
04/19/19NAUGHTON, JOHN2,616.85
04/19/19ORE, JORDAN2,491.55
04/19/19SAKRY, JASON2,140.01
04/19/19BIESANZ, OAKLEY1,650.79
04/19/19GERNES, CAROLE1,982.45
04/19/19HER, KONNIE684.00
04/19/19HUTCHINSON, ANN3,169.60
04/19/19TROENDLE, CATHY JO72.00
04/19/19WACHAL, KAREN1,124.49
04/19/19GAYNOR, VIRGINIA3,875.83
04/19/19JOHNSON, ELIZABETH2,105.80
04/19/19KONEWKO, DUWAYNE5,847.305,256.00
04/19/19KROLL, LISA2,253.29
04/19/19ADADE, JANE1,717.23
04/19/19FINWALL, SHANN3,856.39
04/19/19MARTIN, MICHAEL4,098.03
04/19/19SWAN, DAVID3,463.59
04/19/19WEIDNER, JAMES2,832.19
04/19/19WELLENS, MOLLY2,438.60
04/19/19REININGER, RUSSELL1,320.32
04/19/19ABRAHAM, JOSHUA2,416.21
04/19/19AYALA ORTIZ, WALTER54.00
04/19/19BJORK, BRANDON168.00
Packet Page Number 47 of 300
G1, Attachments
04/19/19BRENEMAN, NEIL3,177.62
04/19/19KUCHENMEISTER, GINA2,050.40
04/19/19KUCHENMEISTER, JACK136.50
04/19/19NINGEN, BRANDON228.00
04/19/19PARKER, JACK105.00
04/19/19PFEFFERLE, LILY88.00
04/19/19ROBBINS, AUDRA4,483.77
04/19/19ROBBINS, CAMDEN231.25
04/19/19THAO, THONY144.00
04/19/19BERGO, CHAD3,604.39
04/19/19SCHMITZ, KEVIN2,229.29
04/19/19SHEERAN JR, JOSEPH3,839.49
04/19/19ADAMS, DAVID2,486.40
04/19/19HAAG, MARK3,164.47
04/19/19JENSEN, JOSEPH2,340.61
04/19/19SCHULTZ, SCOTT4,468.90
04/19/19WILBER, JEFFREY2,510.57
04/19/19PRIEM, STEVEN2,914.12
04/19/19WOEHRLE, MATTHEW2,676.34
04/19/19XIONG, BOON2,400.44
04/19/19FOWLDS, MYCHAL4,563.89
04/19/19FRANZEN, NICHOLAS4,328.56
04/19/19GERONSIN, ALEXANDER3,217.74
04/19/19RENNER, MICHAEL2,795.63
564,460.53
Packet Page Number 48 of 300
G1, Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
incl in Amount
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
05/03/19ABRAMS, MARYLEE537.68
05/03/19JUENEMANN, KATHLEEN473.60
05/03/19KNUTSON, WILLIAM473.60
05/03/19NEBLETT, SYLVIA473.60
05/03/19SMITH, BRYAN473.60
05/03/19COLEMAN, MELINDA6,636.00
05/03/19FUNK, MICHAEL5,899.75
05/03/19KNUTSON, LOIS3,588.44
05/03/19CHRISTENSON, SCOTT2,432.05
05/03/19JAHN, DAVID2,443.62
05/03/19PRINS, KELLY2,490.15
05/03/19HERZOG, LINDSAY2,090.24
05/03/19RAMEAUX, THERESE3,657.79
05/03/19ANDERSON, CAROLE2,739.89
05/03/19DEBILZAN, JUDY2,514.60
05/03/19OSWALD, BRENDA2,550.40
05/03/19PAULSETH, ELLEN5,456.32
05/03/19RUEB, JOSEPH4,147.59
05/03/19ARNOLD, AJLA2,226.83
05/03/19BEGGS, REGAN2,206.60
05/03/19COLE, DEBORAH3,618.95
05/03/19EVANS, CHRISTINE2,248.99
05/03/19LARSON, MICHELLE2,249.01
05/03/19SINDT, ANDREA3,647.03
05/03/19HANSON, MELISSA1,975.63
05/03/19HOCKBEIN, JUDY1,030.56
05/03/19KRAMER, PATRICIA1,169.39
05/03/19MOY, PAMELA1,801.03
05/03/19OSTER, ANDREA2,340.49
05/03/19RICHTER, CHARLENE1,513.92
05/03/19VITT, JULIANNE1,078.88
05/03/19WEAVER, KRISTINE3,398.18
05/03/19ABEL, CLINT2,900.71
05/03/19ALDRIDGE, MARK4,688.10
05/03/19BAKKE, LONN3,910.36
05/03/19BARTZ, PAUL3,959.75
05/03/19BELDE, STANLEY3,915.69
05/03/19BENJAMIN, MARKESE4,331.8297.71
05/03/19BERGERON, ASHLEY2,880.88
05/03/19BIERDEMAN, BRIAN4,096.40
05/03/19BURT-MCGREGOR, EMILY2,784.81
05/03/19BUSACK, DANIEL4,252.58
05/03/19COLEMAN, ALEXANDRA2,557.94
05/03/19CONDON, MITCHELL2,453.80
05/03/19CORCORAN, THERESA2,251.29
05/03/19CROTTY, KERRY4,700.02
05/03/19DEMULLING, JOSEPH3,982.11
05/03/19DUGAS, MICHAEL4,685.46
05/03/19FISHER, CASSANDRA2,503.39
05/03/19FORSYTHE, MARCUS3,321.51
Packet Page Number 49 of 300
G1, Attachments
05/03/19FRITZE, DEREK3,805.21
05/03/19GABRIEL, ANTHONY4,082.55
05/03/19HAWKINSON JR, TIMOTHY4,973.36
05/03/19HENDRICKS, JENNIFER1,905.60
05/03/19HER, PHENG3,415.11
05/03/19HIEBERT, STEVEN3,679.98
05/03/19HOEMKE, MICHAEL3,345.54
05/03/19JOHNSON, KEVIN4,731.46
05/03/19KHAREL, RAM348.00
05/03/19KONG, TOMMY4,351.37
05/03/19KREKELER, NICHOLAS632.40
05/03/19KROLL, BRETT3,876.24
05/03/19KUCHENMEISTER, JASON1,815.22
05/03/19KVAM, DAVID5,019.96
05/03/19LANGNER, SCOTT3,484.91
05/03/19LANGNER, TODD4,961.44
05/03/19LENERTZ, NICHOLAS2,689.14
05/03/19LYNCH, KATHERINE4,675.11
05/03/19MARINO, JASON4,643.01
05/03/19MCCARTY, GLEN3,742.13
05/03/19MICHELETTI, BRIAN4,432.80
05/03/19MURRAY, RACHEL3,117.50
05/03/19NADEAU, SCOTT5,818.59
05/03/19NYE, MICHAEL4,567.40
05/03/19OLSON, JULIE3,859.50
05/03/19PARKER, JAMES3,963.64
05/03/19PETERS, DANIEL2,538.56
05/03/19SALCHOW, CONNOR348.00
05/03/19SEPULVEDA III, BERNARDO319.00
05/03/19SHEA, STEPHANIE2,043.39
05/03/19SHORTREED, MICHAEL4,880.45
05/03/19SPARKS, NICOLLE2,221.24
05/03/19STARKEY, ROBERT2,991.60
05/03/19STEINER, JOSEPH4,984.76
05/03/19STOCK, AUBREY2,381.76
05/03/19SWANSON, MATTHEW348.00
05/03/19SWETALA, NOAH2,221.24
05/03/19TAUZELL, BRIAN3,572.61
05/03/19THIENES, PAUL5,118.34
05/03/19WENZEL, JAY3,810.73
05/03/19WIETHORN, AMANDA2,297.46
05/03/19XIONG, KAO4,105.50
05/03/19XIONG, TUOYER2,276.63
05/03/19ZAPPA, ANDREW3,839.10
05/03/19BARRETTE, CHARLES3,214.37
05/03/19BAUMAN, ANDREW4,519.39
05/03/19BEITLER, NATHAN3,906.72
05/03/19CAPISTRANT, JOHN195.00
05/03/19CONWAY, SHAWN4,134.96
05/03/19CRAWFORD JR, RAYMOND3,217.76
05/03/19CRUMMY, CHARLES2,720.35
05/03/19DABRUZZI, THOMAS892.70
05/03/19DANLEY, NICHOLAS3,861.35170.00
05/03/19DAVISON, BRADLEY2,857.35
05/03/19DAWSON, RICHARD5,741.21
05/03/19HAGEN, MICHAEL3,573.85
05/03/19HALWEG, JODI3,884.15
05/03/19HAWTHORNE, ROCHELLE4,738.31
05/03/19KUBAT, ERIC4,513.09
05/03/19LANDER, CHARLES2,932.44
05/03/19LO, CHING1,325.87
Packet Page Number 50 of 300
G1, Attachments
05/03/19LUKIN, STEVEN5,503.01
05/03/19MALESKI, MICHAEL2,591.13
05/03/19MCGEE, BRADLEY3,687.67
05/03/19MERKATORIS, BRETT2,821.83
05/03/19MONDOR, MICHAEL5,214.78
05/03/19NEILY, STEVEN4,119.14
05/03/19NIELSEN, KENNETH2,754.49
05/03/19NOVAK, JEROME4,052.70
05/03/19POWERS, KENNETH4,459.90
05/03/19RADINZEL, AUSTIN2,662.13
05/03/19SEDLACEK, JEFFREY4,067.34110.49
05/03/19SMITH, CHARLES3,118.03
05/03/19STREFF, MICHAEL3,412.31
05/03/19ZAPPA, ERIC3,808.10
05/03/19CORTESI, LUANNE2,248.99
05/03/19JANASZAK, MEGHAN2,796.01
05/03/19BRINK, TROY3,131.29
05/03/19BUCKLEY, BRENT2,679.97
05/03/19DOUGLASS, TOM2,328.79
05/03/19EDGE, DOUGLAS2,557.40
05/03/19JOHNSON, JEREMY2,018.49
05/03/19JONES, DONALD2,580.09
05/03/19MEISSNER, BRENT2,559.29
05/03/19NAGEL, BRYAN4,500.60
05/03/19OSWALD, ERICK2,603.02
05/03/19RUNNING, ROBERT2,817.29
05/03/19TEVLIN, TODD2,571.59
05/03/19BURLINGAME, NATHAN3,764.52
05/03/19DUCHARME, JOHN3,245.52
05/03/19ENGSTROM, ANDREW3,268.41
05/03/19JAROSCH, JONATHAN4,066.40
05/03/19LINDBLOM, RANDAL3,247.83
05/03/19LOVE, STEVEN5,474.88
05/03/19STRONG, TYLER2,668.80
05/03/19ZIEMAN, SCOTT208.00
05/03/19HAMRE, MILES2,408.80
05/03/19HAYS, TAMARA2,461.69
05/03/19HINNENKAMP, GARY2,796.71
05/03/19NAUGHTON, JOHN2,561.59
05/03/19ORE, JORDAN2,461.69
05/03/19SAKRY, JASON2,114.49
05/03/19BIESANZ, OAKLEY1,818.55
05/03/19GERNES, CAROLE1,659.85
05/03/19HER, KONNIE1,093.50
05/03/19HUTCHINSON, ANN3,169.60
05/03/19WACHAL, KAREN1,138.20
05/03/19DANNER, BRENDA901.88
05/03/19GAYNOR, VIRGINIA3,875.83
05/03/19JOHNSON, ELIZABETH2,105.79
05/03/19KONEWKO, DUWAYNE5,847.305,256.00
05/03/19KROLL, LISA2,251.29
05/03/19ADADE, JANE1,919.31
05/03/19FINWALL, SHANN3,856.39
05/03/19MARTIN, MICHAEL4,098.03
05/03/19SWAN, DAVID3,463.61
05/03/19WEIDNER, JAMES2,832.19
05/03/19WELLENS, MOLLY2,296.50
05/03/19REININGER, RUSSELL2,180.75
05/03/19ABRAHAM, JOSHUA2,416.20
05/03/19AYALA ORTIZ, WALTER54.00
05/03/19BJORK, BRANDON207.00
Packet Page Number 51 of 300
G1, Attachments
05/03/19BRENEMAN, NEIL3,177.62
05/03/19HURT, LAURA120.00
05/03/19ISERMAN, TIANNA48.00
05/03/19KRUEGER, KAYLA48.00
05/03/19KRUEGER, SCOTT48.00
05/03/19KUCHENMEISTER, GINA2,050.40
05/03/19KUCHENMEISTER, JACK124.50
05/03/19LOVE, HANNAH48.00
05/03/19NINGEN, BRANDON203.50
05/03/19NZARA, MUNASHE54.00
05/03/19PARKER, JACK45.00
05/03/19PFEFFERLE, LILY111.00
05/03/19PIEPER, THEODORE54.00
05/03/19ROBBINS, AUDRA4,483.77
05/03/19ROBBINS, CAMDEN56.25
05/03/19SNODDY, BRIANNA54.00
05/03/19THAO, THONY144.00
05/03/19VUKICH, CANDACE36.00
05/03/19WHITE, LINDA48.00
05/03/19BERGO, CHAD4,198.31
05/03/19SCHMITZ, KEVIN2,229.29
05/03/19SHEERAN JR, JOSEPH3,839.49
05/03/19ADAMS, DAVID2,696.19
05/03/19HAAG, MARK3,020.86150.00
05/03/19JENSEN, JOSEPH2,432.15
05/03/19SCHULTZ, SCOTT4,468.90
05/03/19WILBER, JEFFREY2,897.36
05/03/19COUNTRYMAN, BRENDA1,526.50
05/03/19PRIEM, STEVEN2,879.10
05/03/19WOEHRLE, MATTHEW2,645.73
05/03/19XIONG, BOON2,381.69
05/03/19FOWLDS, MYCHAL4,763.89
05/03/19FRANZEN, NICHOLAS3,923.63
05/03/19GERONSIN, ALEXANDER2,683.94
05/03/19RENNER, MICHAEL4,018.80
583,385.79
Packet Page Number 52 of 300
Packet Page Number 53 of 300
Packet Page Number 54 of 300
(Citizen Survey: excellent,
good, fair, poor)
(Citizen Survey: excellent, good, fair,
poor)
(Submit data as reported by the Minnesota Bureau of Criminal
Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny,
motor vehicle theft, and arson. Part II crimes include other assaults, forgery/counterfeiting,
embezzlement, stolen property, vandalism, weapons, prostitution, other sex offenses,
narcotics, gambling, family/children crime, D.U.I., liquor laws, disorderly conduct, and
other offenses.)
(Citizen Survey: very safe, somewhat safe,
neither safe nor unsafe, somewhat unsafe, very unsafe)
(Time it takes on top priority calls from dispatch to the first officer
on scene.)
(The Insurance Service Office (ISO) issues ratings
to Fire Departments throughout the country for the effectiveness of their fire protection
services and equipment to protect their community. The ISO rating is a numerical grading
system and is one of the primary elements used by the insurance industry to develop premium
rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression
Rating Schedule (FSRS) and then assigns a Public Protection Classification from 1 to 10.
Class 1 generally represents superior property fire protection and Class 10 indicates that the
area's fire suppression program does not meet ISO's minimum criteria.)
(Citizen Survey: excellent, good,
fair, poor)
Time it takes from dispatch to apparatus on scene for calls that are
dispatched as a possible fire).
Time it takes from
dispatch to arrival of EMS)
(Provide average rating and the rating system
program/type. Example: 70 rating on the Pavement Condition Index (PCI))
Packet Page Number 55 of 300
(Citizen Survey: good condition, mostly
good condition, many bad spots)
(Citizen Survey: excellent, good,
fair, poor)
(Citizen Survey: excellent, good, fair, poor)
(Actual operating expense for water utility / (total gallons pumped/1,000,000))
(Citizen Survey: excellent, good, fair, poor)
(Number of sewer blockages on city system reported by sewer utility /
(population/100))
(Citizen Survey: excellent, good, fair, poor)
Packet Page Number 56 of 300
Packet Page Number 57 of 300
G3
CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Steve Love, Public Works Director/City Engineer
Audra Robbins, Parks and Recreation Manager
PRESENTER:Audra Robbins
AGENDA ITEM:
Wakefield Park Playground Replacement
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
As part of the Parks System Master Plan implementation, staff is proposing to replace the
playground at Wakefield Park. This replacement will be funded through the Park Improvement Fund
with a not to exceed budget amount of $250,000. Staff is recommending using Northland
Recreation/Little Tykes for this project and purchasing directly off of the State Purchasing Contract.
Recommended Action:
Motion to approve the replacement of the Wakefield Park Playground and authorize the City
Manager and the Mayor to enter into a contract with Northland Recreation/Little Tykes (State
Contract #030117-LTS) with a not to exceed budget of $250,000.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is not to exceed $250,000
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: Monies for this project are included in the
2019 CIP PM19.02 utilizing the Park Improvement Fund. Staff is asking City Council to approve this
project with a not to exceed budget of $250,000.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The Parks System Master Plan states taking care of the existing parks system was found to be
Maplewood’s highest community priority. This means reinvesting in and upgrading parks and
facilities. One of the Community Inclusiveness goals in the Strategic Plan is to ensure that our
facilities are accessible to all residents and this will be a major factor in the design of this
playground.
Packet Page Number 58 of 300
G3
Background
Upon the adoption of the Parks System Master Plan in early 2015, staff has been working with the
Parks and Recreation Commission and the City Council on an implementation plan. Two major
outcomes were to take care of what we have and to improve accessibility in our facilities. This
project will address both of these and is an important part of the overall improvements planned for
Wakefield Park to make it a signature park in our system.
Staff is recommending utilizing Northland Recreation/Little Tykes through the State Purchasing
Contract for the design and installation of this equipment. Northland Recreation/Little Tykes are
playground industry leaders and their mission very closely relates to the goals of this project and
supports the outcomes of the Parks System Master plan.
For this project, we feel public meetings on the front end are important to create a playground that
meets the needs of our stakeholders and the community. The process we will follow for this project
is:
1.Seek approval of the Parks & Recreation Commission and City Council to move forward with
the project.
2.Meet with staff and Northland Recreation Professionals to create the design concept.
3.Hold a community meeting in May at Wakefield to gather input about the design from
residents.
4.Begin construction of the new playground in July, completing the project in August of 2019.
Attachments
None
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CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Steven Love, Public Works Director/City Engineer
Bryan Nagel, Street/Storm/Building Superintendent
PRESENTER:Steven Love
AGENDA ITEM:
Purchase of Bituminous Materialfor Spot Paving Maintenance Operation
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
City Council will consider authorizing the purchase of bituminous materials for spot paving
maintenance operations.
Recommended Action:
Motion to authorize the Street Superintendent to purchase bituminous materials in an amount up to
$80,000 for spot paving operations.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$80,000.00
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:$80,000 from the Street Revitalization
Fund will be used to purchase bituminous material for spot paving maintenance operations.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Maplewood’s streets are a vital part of the City’s infrastructure. The condition of streets have a
direct impact on pedestrian and vehicle safety, as well as the quality of life for residents and
businesses. City maintenance staff will utilize the bituminous materials to perform spot paving
operations in a number of locations where pothole patching is no longer sufficient to maintain the
roadway.
Background
As part of the City’s fiveyear Capital Improvement Plan (CIP), two street reconstruction projects per
year are planned to replace/rehabilitate City streets. There are a number of streets and
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neighborhoods that are targeted to be future CIP projects, but are not included in the fiveyear CIP.
Some of these streets have reached a point where pothole patching is no longer a viable option to
maintain the road until a CIP project can be implemented(see attached pictures).
Several areas in need of spot paving have been identified by City staff and are shown on the
attached map. City staff is recommending spot pavingforselectedareas on these streets to
temporarilyimprove the roadway condition and provide some relief until a CIP project is
implemented. Spotpaving is the placement of a thin coat of bituminous over a select area that has
many pavement issues. This is a temporary improvement as the underlying structural issues of the
road have not been addressed.
The proposed supplier of bituminous material is T.A.Schifsky &Sons, Inc. This isdue to their
nearby location in North St. Paul and the lower pricing compared to other bituminous suppliers. The
second closest plant is owned by the City of St. Paul and requiresa 30-45 minute round tripdrive.
By adding the extra travel time per load, the City’s bituminous maintenance operations would
become much less efficient.
City staff is exploring the feasibility of implementing an annual spot paving maintenance operation
andwould be funded through the Street Revitalization Fund under the Street Maintenance Budget.
This would allow staff to address deterioratedpavement areas, identified early in the spring, as part
of our maintenance activities.
Attachments
1.Examples of Areas in Need of Spot Pavement
2.Spot Pavement Location Map
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Examples of Areas in Need of Spot Pavement
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Innovative Teaching GrantsAngel Fund.
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CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Andrea Sindt,City Clerk
Regan Beggs, Business License Specialist
PRESENTER:Andrea Sindt,City Clerk
AGENDA ITEM:
Local Lawful GamblingPermitfor Associated General Contractors of
Minnesota
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
A request for a Local Lawful Gambling permit has been submitted by Associated General
Contractors of Minnesota. Approval of the request would allow raffles to be sold during a golf
tournament held at Keller Golf Course, 2166 Maplewood Driveon Wednesday, August 2, 2019.
Recommended Action:
Motion to approve the Local Lawful Gambling permit forAssociated General Contractors of
Minnesotaon August 2, 2019 at Keller Golf Course, 2166 Maplewood Drive.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Council approval is requiredpriorto issuance of alocalgambling permit, perCity Code Sec. 22-12.
Background
Lawfulgambling activityconducted at this event is exemptfrom state licensure under MN §349.166.
MN §349.213 authorizes citiestorequire a local permitforconduct of lawful gambling exemptfrom
state licensing requirements.
Attachments
None
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CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Andrea Sindt, City Clerk
Regan Beggs, Business License Specialist
PRESENTER:
Andrea Sindt, City Clerk
AGENDA ITEM:
On-Sale Intoxicating Liquor and Sunday Sales License for Q Bar &
Breakfast Inc., 3001 White Bear Avenue, Ste 27
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
In accordance with City Code Chapter 6 (Alcoholic Beverages), anapplication for an On-Sale
Intoxicating Liquor and Sunday Sales license was submitted byQuan Nguyen, owner of Q Bar &
Breakfast, Inc., who will takeover operation of the bar/restaurant within the Maplewood Mall at
3001 White Bear Avenue, Ste 27.Operation of the site was previously conducted under Admiral’s
through December 2018.
Recommended Action:
Motion to approve the On-Sale Intoxicating Liquorand Sunday Saleslicense for Q Bar & Breakfast,
Inc., located at 3001 White Bear Avenue, Ste 27
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.00
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure &Asset Mgmt.
Council approval is required prior to issuance of an On-Sale Intoxicating Liquor and Sunday Sales
licenses, per City Code Sec. 6-165and Sec. 6-163, respectively.
Background
For the purposes of the license applicationa background investigation was conducted on Mr.
Nguyen, in addition to two individuals who would have management roles in the operation: Joseph
Chu and Alexander Akens; nothing was found that would prohibit the issuance of these licenses.
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Police Chief Nadeau will be meeting with the individuals to discuss measures to eliminate the sale
of alcohol to underage persons, general security, retail crime issues and the city ordinances
pertaining to the service of alcohol.
Attachments
None
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CITY COUNCIL STAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Ron Batty, City Attorney
PRESENTER:
Ron Batty, City Attorney
AGENDA ITEM: Parking Agreement for Nature Center
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The City wishes to enter into a short-term agreement with Dege Properties, LLC, the owner of the
property at 831 Century Avenue North, to allow overflow and special event parking for visitors to the
Nature Center. There is no cost to the City for use of this parking lot.
Recommended Action:
Motion to approve Parking Agreement with Dege Properties, LLC
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:
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Background
th
Due to street construction in the vicinity of the Nature Center (on E. 7 Street and Mayhill), staff felt
it prudent to arrange for additional parking. Dege Properties, LLC has agreed to allow Nature Center
parking on their back parking lot. The agreement runs through August 31, 2019, although may be
terminated earlier if the Dege property is sold. Staff’s intent is to use this parking primarily for special
events at the Nature Center and as overflow parking if needed.
Attachments
1.Parking Agreement
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PARKING AGREEMENT
This Limited License Agreement (the “Agreement”) is made as of _________________,
2019, by and between the Dege Properties, LLC, a Minnesota limited liability company, the owner
of real property located at 831 Century Avenue North, Maplewood, Minnesota 55119-3822
(“Owner”) and the City of Maplewood, a municipal corporation under the laws of the state of
Minnesota (the “City”).
RECITALS
A. The Owner is the fee Owner of certain real estate located at 831 Century Avenue
North located in the City of Maplewood, Minnesota, legally described on the attached Exhibit A
(“Property”). The Property consists of a commercial buildingand a parking lot.
B. The City operates a nature center (the “Center”) adjacent to the Property. The City
and the Owner desire to enter into this Agreement to allow patrons of the Center to park on the
Property, for a limited period of time, subject to the terms herein.
AGREEMENT
1. Incorporation of Recitals.The recitals set forth above are incorporated herein and
made a part of this Agreement.
2. Grant of Limited Use.The Owner warrants that it owns and has the right to grant
this limited license affecting the Property. The Owner does hereby grant a non-exclusive limited
license to City for the purposes of allowing its patrons to park common passenger vehicles within
the established parking lot located on the Property in exchange for City’s covenants and promises
contained herein. To the extent necessary, the City may also park its vehicles upon the Property in
accordance with the terms herein.
3. Scope. The Owner reserves the right to the use the Property during the term of this
Agreement for its own purposes. Nothing herein shall prevent the Owner from taking any action
necessary to exercise its ownership of the Property, except that if the Owner takes any action which
will make it impossible or impractical for the City to offer the Property for parking, the Owner
shall provide advance written notice to the City so that it may notify its patrons.
4. No Maintenance Obligation. Notwithstanding the City’s right to use the Property
as outlined herein, the City shall have no obligation to improve, maintain, or repair any portion of the
Property.
5. Hold Harmless; Indemnification. Any and all claims that arise or may arise against
the City, its officers, employees, agents or contractors while engaged in its use of the Property shall
in no way be the obligation of the Owner. Furthermore, City shall indemnify, hold harmless and
defend the Owner, their officials, employees, contractors and agents from and against any and all
liability, loss, costs, damages, expenses, claims, actions or judgments, including reasonable attorneys’
fees which Owner, its officers, employees, agents or contractors may hereinafter sustain, incur, or be
required to pay, arising out of or by reason of this Agreement. Nothing in this Agreement shall be
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construed as a waiver by the City of any immunity, defenses, or other limitations on liability to which
the City is entitled by law.
6. Signage; Advertising.The parties hereto acknowledge that the primary, although
not sole, purpose of this Agreement is to allow the City to advertise use of the Property as additional
public parking to patrons of the Center. To the extent that the City deems necessary, in its sole
discretion, it may advertise use of the Property as public parking in accordance with the terms herein.
7. Term. This Agreement shall be effective upon execution and shall terminate on
August 31, 2019.
8. Termination. The Owneror City may terminate this Agreement at any time for any
reason, or for no reason at all, by providing seven days’ written notice to the other party. Upon
termination of this Agreement, the City shall cease advertising the Property as public parking to its
patrons.
9. Notices. Any notice, demand, or other communication under this Agreement by either
party to the other shall be sufficiently given or delivered if it is dispatched by certified or registered
mail or delivered personally to the respective address of each party as set forth in the beginning of
this Agreement.
10. Entire Agreement; Modification. This Agreement constitutes the entire agreement
between the parties and supersedes any other written or oral agreements between the parties. Any
modification of this Agreement or additional obligation assumed by any party in connection with
this Agreement shall be binding only if evidenced in writing signed by the parties to be affected
by said modification or additional obligation.
11. Assignment; Successors and Assigns. The Owner shall not have the right to assign
any rights under this Agreement except with the prior, express, and written consent of the City.
The terms of this Agreement shall be binding upon the Owner’s successors and assigns.
IN WITNESS WHEREOF, the Owner and City have executed this Agreement this ______
day of ____________, 2019.
OWNER – DEGE PROPERTIES, LLC
By: __________________________________
Its: __________________________________
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CITY OF MAPLEWOOD
By: ____________________________________
Marylee Abrams
Its: Mayor
By: ____________________________________
Melinda Coleman
Its: City Manager
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered (AMB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A
Legal Description of the Property
Lot 31 and 32, Block 1 of Cahanes Acres
and
That part of Lot I, Block 1 of Cahanes Acres except the east 85 feet thereof, lying Southerly of the
following described line: Beginning at a point on the West line of Lot 1, 21.9 feet North of the
Southwest corner of said Lot, thence easterly to a point on the east line of Lot l, 16.18 feet north
of the Southeast Corner of said lot and there terminating.
Also, Lot 2, Block 1 of Cahanes Acres, except that part of the east 85 feet lying north of the
following described line: Beginning at the northwest corner of said lot 2 thence easterly to a point
on the east line of Lot 2, 5.3 feet South of the northeast corner of said lot and there terminating.
Property Address: 831 Century Avenue N.
Maplewood, MN 55119
P.I.N.: 25.29.22.44.0052
A-1
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EXHIBIT B
Depiction of the Property
B-1
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CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Steven Love, Public Works Director/City Engineer
PRESENTER:
Steven Love
AGENDA ITEM:Sewer Backwater Valve Reimbursement
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
City Council will consider authorizing the reimbursement for the installation of a sewer backwater
valve at 2496 Bittersweet Lane, Maplewood, Minnesota.
Recommended Action:
Motion to authorize the Finance Director to reimburse the property owner(s) of 2496 Bittersweet
Lane, Maplewood, Minnesotafor the costs associated with the installation of a sewer backwater
valve in the amount of $3,032.22.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$3,032.22
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:The reimbursement will be funded by the
Sanitary Sewer Fund in the amount of $3,032.22.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Maplewood’s sanitary sewer systemisa vital part of the City’s infrastructure and maintaining a
reliable system is crucialto the community.
Background
The property of 2496Bittersweet Lane has experienced three sanitary sewer backups that have
impacted their homeand were most likely caused by tree root intrusion into surrounding private
service lines and the City’s sewermains. Tree rootsalso intruded into several of the private
sanitary services near this property which then impacted the Citysewer mains. The City lined
several sewer mains to help mitigate tree roots from directly impacting the City’s sewer main.
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Staff recommends the reimbursement for costs associated with the installation of a sewer
backwater valve at 2496 Bittersweet Lanein the amount of $3,032.22. This valve will help reduce
the chances of a future backup if the City’s sewer main is impacted by root intrusion in the future.
Attachments
1.Sewer Backwater Valve Invoice
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TERMS AND CONDITIONS
It is agreed that Mr. Rooter® is not responsible for the following:
1.Damage caused tothe property as a result of obtaining access toand exposing plumbing and drainage
systems.
2.Additional plumbing work beyond that specifically mentioned in this estimate and proposal including, but not limited
to, that which may be required because of preexisting plumbing code violations or additional work revealed to be
necessary as a result of performing the specified work.
3.Any repairs, installation, removal or replacement of non-plumbing items or activities including but not limited to:
concrete, paving, asphalt, slabs, sidewalks, driveways, patios, pools, shrubbery, grass lawns, fences, electrical wiring
and fixtures, painting, decorations, plastering, sheetrock and other wall coverings, glass, carpentry, millwork, cabinets,
floors, carpeting, floor surfaces and preparation, roofing, flashing, sheet metal gutters, downspouts, brick, stonework,
extension walls, steel and other framework.
4.Damage caused to customer's plumbing system by sewer and drain cleaning equipment when such is caused by pre-
existing defects in such plumbing systems.
Customer accepts full responsibility for the prompt payment of all costs of this agreement even though customer may
intend to obtain reimbursement from others such as landlords, tenants, insurance companies and tort feasors.
This proposal and said specifications shall not be altered or modified except by written agreement between the parties
hereto and verbal understandings and agreements with representatives shall not be binding unless set forth herein.
LIMITED SERVICE WARRANTY
Mr. Rooter warrants, to the extent stated herein, the plumbing repair service and drain cleaning services furnished by it.
The stated period of warranty commences upon installation or repair of plumbing or upon cleaning of drains.
Purchaser understands that Mr. Rooter's liability under this warranty is limited to repair, replacement, recleaning or
refund of money, and does not extend to property damage resulting from drains which become clogged or
obstructed or from plumbing work which fails during the agreed upon warranty period.
This warranty gives you specific legal rights. You may also have other rights which vary from state to state.
NOTICE TO OWNER
THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING
MATERIALS AND LABOR BEFORE ANY PAYMENT IS REQUIRED TO BE MADE TO THE CONTRACTOR.
1.Do not sign this contract until you read it or if any spaces intended for the agreed terms, except as to
unavailable information, are blank.
2.You are entitled to a copy of this contract at the time you sign it.
3.You may at any time pay off the full unpaid balance due under this contract, and in doing so you may
receive a partial rebate of the service charge.
4.You may cancel this contract if it is solicited in person, and you sign it, at a place other than the seller's
business address, by sending notice of cancellation by certified mail return request receipt requested to the
seller at his address which notice shall be postmarked not later than midnight of the third day (excluding
Sundays and holidays) following your signing this contract. If you choose to cancel this contract, you must
return or make available to the seller at the place of delivery any merchandise, in its original condition,
received by you under this contract.
This contractor is registered to do business in the state in which this work is performed. (See registration number on the
front side of this contract.) Where required, this contractor has posted with the State all necessary bonds or cash
deposits for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract
in the conduct of the business. This bond or cash deposit may not be sufficient to cover a claim which might
arise from the work done under your contract. If any supplier of materials used in your construction project or any
employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property
may be liened to force payment. If you wish additional protection, you may request the contractor to provide youwith
the original "lien release" documents from each supplier or subcontractor on your project. The contractor is required to
provide you with further information about lien release documents if you request it. General information is also available
from the licensing board in your state.
The specific telephone number and address of your governing agency can be found by calling 1-800-583-8003 or by
writing Mr. Rooter Corporation, P.O. Box 3146 Waco, Texas 76707.
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CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER:Steven Love
AGENDA ITEM:
Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27
a.Assessment Hearing, 7:00 p.m.
b.Resolution Adopting Assessment Roll
c.Resolution Receiving Bids and Awarding Construction Contract
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The City Council should hold an assessment hearing for the Mailand-Crestview Forest Area
Pavement Rehabilitation, City Project 18-27. Following the assessment hearing, the Council will
consider approving a resolution adopting the assessment roll, as well as consider approving a
resolution receiving bids and awarding a construction contract to T.A. Schifsky and Sons, Inc.for
the Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27
Recommended Action:
a.Hold an assessment hearingand receive any objections.
b.Motion to approvethe resolution AdoptingAssessment Roll for the Mailand-Crestview
Forest Area Pavement Rehabilitation, City Project 18-27
c.Motion to approvethe Resolution Receiving bids and Awarding Construction Contract for
the Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27,to T.A.
Schifsky and Sons, Inc.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$1,333,021.13
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:Construction Contract
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
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The assessments are one of the funding sources of the approved project funding plan for the
proposed infrastructure improvementsof the Mailand-Crestview Forestareaneighborhood. The
proposed improvements continuethe City’s investment into improving the condition of the
infrastructure throughout the City.
Background
Assessments:
There are a total of 232assessable residential and multi-familyparcels within the project area. It
should be noted the McKnight townhomes have been assessed for a half unit. These properties
were assessed a half unit on a past city project (Pond-Dorland Area Street Improvements, City
Project 16-12) which was completed in 2018. An independent appraisal firm was hired to ascertain
an opinion of special benefit received by properties within the neighborhood project area. The
appraisal report confirmed that the rates are reasonable. These rates are as follows:
Residential
o Pavement RehabilitationRate = $3,450/unit (Majority of Project Area)
o Crestview Forest Drive/Deer Ridge Lane = $3,100.00/unit
Commercial / Multi-Family
o McKnight Townhomes = $69/Front-Foot (Assessed for half units)
o Quads near Dorland = $69/Front-Foot
o Crestview Forest Drive/Deer Ridge Lane Townhomes Clubhouse = $69/Front-Foot
o 0 McKnight Road = $69/Front-Foot
As of May 6, 2019staff havereceived twoobjections or requests for a deferralto the proposed
assessments as detailed below.
a.Parcel 122822230413 – Julia Beasley, 469 Dorland Court South. It is currently proposed
that the property be assessed for ½ of a unit at a rate of $806.50 per ½ unit. Mrs. Beasleyis
objecting to her assessment as she was previously assessed for the Pond-Dorland Area
Street Improvements, City Project 16-12.
b.Parcel 122822420063 – Robert and Kim Prayfrock, 563 Deer Ridge Lane South. It is
currently proposed that the property be assessed for 1 unit at a rate of $3,100 per unit. Mr.
and Mrs. Prayfrock are objecting to their assessment and/or requesting a deferral of
assessment.
Objections will be received up to and as part of the assessment hearing on May 13, 2019. Once
the public hearing is closed, no further objections will be considered.
Staff will review all submitted objections and provide the City Council recommendations for action
on those objections at the May 28, 2019City Council meeting. Staff will coordinate with the
objectors and send out the staff determination that will be recommended to the Council.This letter
willalso inform the property owner that if they wish to further address the City Council about the
proposed assessment or staff recommendation they will be able to do so at the May 28, 2019City
Council Meeting.
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Bid Discussion:
Fourvalid bidswerereceived and tabulated.A summary of the bidsareshown below in Table 1.
The bidshavebeen checked and tabulated for accuracy.
The Engineer’s Estimate for project construction cost for the base bid was $1,430,446.65. As seen
in Table 1, the bid from T.A. Schifsky and Sons, Inc.of $1,333,021.13is approximately $97,000
(7%)lowerthan the Engineer’s Estimate.Stafffeels the bid is competitive andis recommending
award of the bid.
Bid Tabulation - Table 1
Bid Amount
T.A. Schifsky and Sons$1,333,021.13
Valley Paving$1,389,899.99
MN Paving & Materials$1,435,290.25
Park Construction Co.$1,508,027.85
Engineering Estimate$1,430,446.65
The City has worked successfully with T.A.Schifsky and Sons, Inc.as a prime contractor in the
past, most recently during the Ferndale-FarrellAreaStreet Improvements.
Budget Impact:
The currently approved financing plan for the project is $1,604,000. The total estimated project
costs (including indirect costs and a 10% contingency) is approximately $1,512,000. This falls
within the currently approved budget. No changes to the approved financing plan are
recommended at this time.The estimated project costs and approved financing planhave been
reviewed by the Finance Director.
Proposed Schedule:
Project MilestoneDate
Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/11/2019
Plans & Specifications
Public Hearing & Order Improvement2/25/2019
Approve Plansand Specifications, Authorize Advertisement for Bids, 4/8/2019
Authorize Preparation of Assessment Roll
Accept Assessment Roll & Order Assessment Hearings4/22/2019
Bid Opening5/3/2019
Assessment Hearing, Award Contract5/13/2019
Adopt Revised Assessment Roll5/28/2019
Begin Construction7/1/2019
Assessments Certified to Ramsey CountyNovember 2019
Complete ConstructionSeptember2019
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Attachments
1.Resolution Adopting Assessment Roll
2.Resolution Receiving Bids and Awarding Construction Contract
3.Project Location Map
4.Assessment Roll
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H1, Attachment 1
RESOLUTION
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to resolution passed by the City Council on April 22, 2019, calling
for a Public Hearing, the assessment roll for theMailand-Crestview Forest Area Pavement
Rehabilitation, City Project 18-27was presented ina Public Hearing, pursuant to Minnesota
Statutes, Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
a.Parcel 122822230413 – Julia Beasley,469 Dorland Court South. It is currently
proposed that the property be assessed for ½ of a unit at a rate of $806.50 per½unit.
Mr s.Beasley is objecting to her assessment as she was previously assessed for
the Pond-Dorland Area Street Improvements, City Project 16-12.
b.Parcel 122822420063 – Robert and Kim Prayfrock, 563 Deer Ridge Lane South.
It is currently proposed that the property be assessed for 1 unit at a rate of
$3,100 per unit. Mr. and Mrs. Prayfrock are objecting to their assessment and/or
requesting a deferral of assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1.Such proposed assessment, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2.That the City Engineer and City Clerk are hereby instructed to review the objections
received and reportto the City Council at the regular meeting on May 28, 2019, as to
their recommendations for adjustments.
3.The assessment roll for the Mailand-Crestview Forest Area Pavement Rehabilitationas
amended, without those property owners’ assessments that have filed objections, a copy
of which is attached hereto andmade a part hereof, is hereby adopted. Said assessment
roll shall constitute the specialassessment against the lands named therein, and each
tract of land therein included is herebyfound to be benefited by the proposed
improvement in the amount of the assessment leviedagainst it.
4.Such assessments shall be payable in equal annual installments extending over a period
of and 15years for residentialpropertiesand 8 years for commercial properties, the first
installments to be payable on or before the first Monday in January 2020and shall bear
interest at the rate of 5.0percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2019. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
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5.The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than November 15, 2019, pay the whole
of the assessment on such property, with interest accrued to the date of the payment, to
the city clerk, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of this resolution; and they may, at any time after
November 15, 2019, pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
6.The CityEngineer and City Clerk shall forthwith after November 15, 2019, butno later
than November 16, 2019, transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists of the county. Such assessments shall be
collected and paid over the same manner as other municipal taxes.
Approved this 13th day of May2019.
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RESOLUTION
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to resolution passed by the City Council on April 8, 2019,
approving plans and specifications and advertising for bidsfor theFerndale-Ivy Area
Improvements, City Project 18-01, and
WHEREAS, the plans and specifications were advertised for bids pursuant to Minnesota
Statutes, Chapter 429,and
WHEREAS, bids were received and opened on May 3, 2019 at 10:00 A.M.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD,
MINNESOTA that that the base bid of T.A. Schifsky and Sons, Inc.in the amount of
$3,586,720.38is the lowest responsible bid for the construction of Ferndale-Ivy Area Street
Improvements, City Project 18-01, and the Mayor and the City Manager are hereby authorized
and directed to enter into a contract with said bidder for and on behalf of the City.
The Finance Director is hereby authorized to make the financial transfers necessary to
implement the financingplan for the project and to prepare a budget adjustment based on final
construction costs.
th
Approved this 13day of May2019.
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H2
CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Steven Love, Public Works Director / City Engineer
Jon Jarosch, Assistant City Engineer
Tyler Strong, Civil Engineer I
PRESENTER:Steven Love
AGENDA ITEM:
Ferndale-IvyAreaImprovements, City Project 18-01
a.Assessment Hearing, 7:00 p.m.
b.Resolution Adopting Assessment Roll
c.Resolution Receiving Bids and Awarding Construction Contract
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The City Council should hold an assessment hearing for the Ferndale-Ivy Improvements, City
Project 18-01. Following the assessment hearing, the Council will consider approving a resolution
adopting the assessment roll, as well as consider approving a resolution receiving bids and
awarding a construction contract to T.A. Schifsky andSons, Inc.for the Ferndale-Ivy Area
Improvements, City Project 18-01.
Recommended Action:
a.Hold an assessment hearingand receive any objections
b.Motion to approvethe resolution AdoptingAssessment Roll for the Ferndale-IvyArea Street
Improvements, City Project 18-01
c.Motion to approvethe Resolution Receiving bids and Awarding Construction Contract for
the Ferndale -Ivy Area Street Improvements, City Project 18-01,to T.A. Schifsky andSons,
Inc.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$3,586,720.38
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:Construction Contract
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
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The assessments are one of the funding sources of the approved project funding plan for the
proposed infrastructure improvementsof the Ferndale-Ivyarea.The proposed improvements
continuethe City’s investment into improving the condition of the infrastructure throughout the City.
Background
Assessments:
There are a total of 172assessable residential and multi-familyparcels within the project area.An
independent appraisal firm was hired to ascertain an opinion of special benefit received by
properties within the neighborhood project area. The appraisal report recommended the following
rates.
Residential
o Full Reconstruction Rate = $6,600/unit (Majority of Project Area)
o Ferndale Street Quads = $4,539.37/unit (Ferndale Street)
o Residential Duplexes = $4,206.40/unit
Commercial / Multi-Family
o Rolling Hills Mobile Homes $120/Front-Foot
o Pondview Apartment Homes $120/Front-Foot
o Beaver Creek Condominiums $120/Front-Foot
As of May 6, 2019staff havereceived 1 objection or requestfor deferral tothe proposed
assessments as detailed below.
a.Parcel 242922430065 – Shannan Seibert,1235 Ferndale Street, Unit C20. It is currently
proposed that the property be assessed for 1 unit at a rate of $680.10per unit. Mrs. Seibert
is objecting to her assessment and/or requesting a hardship deferral.
Objections will be received up to and as part of the assessment hearing on May 13, 2019. Once
the public hearing is closed, no furtherobjections will be considered.
Staff will review all submitted objections and provide the City Council recommendations for action
on those objections at the May 28, 2019City Council meeting. Staff will coordinate with the
objectors and send out the staff determination that will be recommended to the Council.This letter
will also inform the property owner that if they wish to further address the City Council about the
proposed assessment or staff recommendation they will be able to do so at theMay 28, 2019City
Council Meeting.
Bid Discussion:
Twovalid bids werereceived and tabulated. A summary of the bidsareshown below in Table 1.
The bidshavebeen checked and tabulated for accuracy.
The Engineer’s Estimate for project construction cost for the base bid was $3,225,225.00. As seen
in Table 1, the base bid from T.A. Schifsky andSons, Inc.of $3,586,720.38is approximately
$361,000 (11%)higher than the Engineer’s Estimate. Stafffeels the base bid is competitive,
represents increases in construction costs over last year,andis recommending award of the base
bid. \[TS1\]
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Bid Tabulation - Table 1
Engineering EstimateT.A. Schifsky and Sons, Inc.Park Construction
Base Bid$3,225,225.00$3,586,720.38$3,724,702.08
Bid Alt. 1$96,716.75$102,262.00$89,870.31
Bid Alternate 1 represented the installationof anewsidewalk along theMaryland Avenue from
Ferndale Street to Sterling Street. The bid received for this alternate of $102,262.00is
approximately 6% higherthan the engineer’s estimate. Staff is not recommending award of Bid
Alternate 1at this timebased on the bid results and available funding. Opportunities to make these
improvements will be investigated in the future.
The City has worked successfully with T.A. Schifsky andSons, Inc.as a prime contractor in the
past, most recently during the Ferndale-FarrellAreaStreet Improvements
Budget Impact:
The currently approved financing plan for the project is $3,806,000. The total estimated project
costs (including indirect costs and a 10% contingency) is approximately $4,089,000. This estimate
exceeds the current funding plan by $283,000. The estimated increase in total projects cost are
anticipated to be funded through potentialproject savings on City Projects 16-18 and 18-27 and by
the Street Revitalization Fund.
Estimated Project Cost Recovery
RevenuesFeasibility Funding PlanProjected Funding Plan
Bonds - Improvement G.O.$1,688,900$1,688,900
Bonds - Special Assessments$1,026,000$849,000
St. Paul Water $60,000$112,975
W.A.C. Fund$122,000$184,044
Environmental Utility Fund$647,100$700,768
Sanitary Sewer Fund$262,000$262,000
Project Savings/SRF Fund$0$290,854
Total Funding$3,806,000$4,088,541
The estimated project costs and proposed funding plan have been reviewed by the Finance
Director.A final budget adjustment will be made based on final construction costs, potential project
savings on City Projects 16-18 and 18-27, and by the Street Revitalization Fund.
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Proposed Schedule:
Project MilestoneDate
Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/11/2019
Plans & Specifications
Public Hearing & Order Improvement2/25/2019
Approve Plans and Specifications, Authorize Advertisement for Bids, 4/8/2019
Authorize Preparation of Assessment Roll
Accept Assessment Roll & Order Assessment Hearings4/22/2019
Bid Opening5/3/2019
Assessment Hearing, Award Contract5/13/2019
Adopt Revised Assessment Roll5/28/2019
Begin Construction6/3/2019
Assessments Certified to Ramsey CountyNovember 2019
Complete ConstructionOctober2019
Attachments
1.Resolution Adopting Assessment Roll
2.Resolution Receiving Bids and Awarding Construction Contract
3.Project Location Map
4.Assessment Roll
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H2, Attachment 1
RESOLUTION
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to resolution passed by the City Council on April 22, 2019, calling
for a Public Hearing, the assessment roll for the Ferndale-IvyAreaStreet Improvements, City
Project 18-01was presented inaPublic Hearing, pursuant to Minnesota Statutes, Chapter 429,
and
WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
a.Parcel 242922430065– Shannan Seibert,1235 Ferndale Street, Unit C20. It is
currently proposed that the property be assessed for 1 unit at a rate of $680.10
per unit. Mrs. Seibert is objecting to her assessment and/or requesting a
hardship deferral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1.Such proposed assessment, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2.That the City Engineer and City Clerk are hereby instructed to review the objections
received and reportto the City Council at the regular meeting on May 28, 2019, as to
their recommendations for adjustments.
3.The assessment roll for the Ferndale-IvyAreaStreet Improvements as amended,
without those property owners’ assessments that have filed objections, a copy of which
is attached hereto andmade a part hereof, is hereby adopted. Said assessment roll shall
constitute the specialassessment against the lands named therein, and each tract of
land therein included is herebyfound to be benefited by the proposed improvement in
the amount of the assessment leviedagainst it.
4.Such assessments shall be payable in equal annual installments extending over a period
of and 15years for residentialpropertiesand 8 years for commercial properties, the first
installments to be payable on or before the first Monday in January 2020and shall bear
interest at the rate of 5.0percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2019. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
5.The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than November 15, 2019, pay the whole
of the assessment on such property, with interest accrued to the date of the payment, to
the city clerk, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of this resolution; and they may, at any time after
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November 15, 2019, pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
6.The City Engineer and City Clerk shall forthwith after November 15, 2019, butno later
than November 16, 2019, transmit a certified duplicate of this assessment to the county
auditor to be extended on the property tax lists ofthe county. Such assessments shall be
collected and paid over the same manner as other municipal taxes.
Approved this 13th day of May2019.
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RESOLUTION
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
WHEREAS, pursuant to resolution passed by the City Council on April 8, 2019,
approving plans and specifications and advertising for bidsfor theFerndale-Ivy Area
Improvements, City Project 18-01, and
WHEREAS, the plans and specifications were advertised for bids pursuant to Minnesota
Statutes, Chapter 429,and
WHEREAS, bids were received and opened on May 3, 2019 at 10:00 A.M.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD,
MINNESOTA that that the base bid of T.A. Schifsky and Sons, Inc.in the amount of
$3,586,720.38is the lowest responsible bid for the construction of Ferndale-Ivy Area Street
Improvements, City Project 18-01, and the Mayor and the City Manager are hereby authorized
and directed to enter into a contract with said bidder for and on behalf of the City.
The Finance Director is hereby authorized to make the financial transfers necessary to
implement the financingplan for the project and to prepare a budget adjustment based on final
construction costs.
th
Approved this 13day of May2019.
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CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Mychal Fowlds, IT Director
PRESENTER:
Mychal Fowlds, IT Director
AGENDA ITEM: Cable Television Franchise Ordinance
a.Repeal andReplace Cable Television Franchise Ordinance for
Comcast
b.Resolution Authorizing Publication of Franchise Ordinance by Title
and Summary (4 votes)
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The City has been engaged in negotiations with Comcast regarding the reissuance of a cable
franchise ordinance to the company. The proposed cable television franchise ordinance attached
to this report is the result of those negotiations.
Recommended Action:
a.Motion to repeal and replace cable television franchise ordinance for Comcast.
b.Motion to approve resolution authorizing publication of ordinance by title and summary. (4
votes)
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The City enters into a number of agreements and contracts with a variety of entities. Doing so in a
timely manner ensures that the City continues to operate effectively. This particular ordinance
ensures that the City has the ability to create and broadcast communications to City residents.
Background
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Maplewood issued a cable franchise to Comcast in November of 1999. This franchise was for a 15
year period and allows Comcast to utilize the public right-of-way as a means to provide residents
with cable TV service. In 2014, with the franchise renewal date coming due, an extension was
granted through July 31, 2018. With the new renewal date coming, and Comcast wishing to renew
its franchise, the City has begun its required work to do so.
As the City is no longer a member of a Cable Commission, it is the City’s responsibility to negotiate
the terms of the new franchise ordinance itself. To assist the City in this process, Mr. Bob Vose
from the firm Kennedy & Graven was hired. Mr. Vose has extensive experience with the cable
franchise renewal process and on November 6, 2017 presented an overview of the renewal process
to Council. One of the steps in the renewal process that Mr. Vose explained is the process of
identifying future needs and reviewing past performance. Council directed staff to complete this
work in house initially, knowing that it could seek a consultant if need be during negotiations, and
the needs assessment presented to you on April 9, 2018 was the result of that direction.
In July of 2018 staff presented to Council that while the City was working with Comcast to come to
an agreement regarding their renewal, that had not happened and was not going to happen prior to
the July 31, 2018 expiration of their current cable franchise ordinance. As such, an extension was
requested and ultimately approved that extended the current cable franchise ordinance, as is,
through January 1, 2019.
Over the past 6 months staff has met with Comcast representatives to continue negotiations. We
are pleased to report that after many negotiating sessions, we have a proposed cable franchise
ordinance that is agreed upon by both sides. Attached to this report you’ll find the complete
document and also a summary of the contents of the ordinance. As stated above, early on in the
process the City accepted a Community Needs Assessment report where the primary needs of the
City, related to this ordinance, were laid out. The attached summary uses the items highlighted in
that Community Needs Assessment report as a framework.
Attachments
1.Cable Franchise Ordinance for Comcast Overview
2.Cable Franchise Ordinance for Comcast
3.Resolution Authorizing Publication of Ordinance by Title and Summary
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Cable Television Franchise Ordinance Overview
Below is a list of items identified as priorities in the Community Needs Assessment document and a brief
description of how they are addressed in the proposed Cable Television Franchise Ordinance with
Comcast. Please note that the numbers in parentheses below signify the section number where the
complete verbiage for that item may be found in the proposed ordinance.
Subscriber Experience
High quality customer service: (14) Comcast commits to meeting and measuring customer
service interactions
Reasonable rates for service: (8.1) Section defines regulation of rates and charges. In addition,
the City is not able to set rates for Comcast but in right-sizing our PEG fee we are able to reduce
some total bills.
Senior discount: Comcast is not providing a senior discount. They do, however, cite their
Internet Essentials program which provides internet and affordable computers at a discounted
rate to many seniors, families in need, etc.
Universal service: (7.12) Comcast commits to continuing to provide Universal Service (service to
just PEG channels) to residents that currently have it (roughly 70) but will no longer offer it to
new subscribers
Continued improvement to the cable system: (5.1 & 5.3) Comcast commits to technical
standards listed and to meeting FCC technical quality standards
Infrastructure
I-Net connectivity: (7.9) City will retain its connectivity to City Hall, Carver school and Edgerton
school as is at no cost. For the other sites currently only connected via the I-Net (Fire Station 3
& Nature Center) the City may continue to use that fiber connection at a cost of $330 per month
via a services agreement with Comcast.
Interconnectivity with other public entities: (7.10) City will still be able to communicate on the
PRIMSA ring (other cable entities, schools, etc.) and over the I-Net (other cities, schools, etc.)
Signal & video quality in the standard of the day: (5.1 & 5.3) Comcast commits to technical
standards listed and to meeting FCC technical quality standards
Continued capital support: (16.1) City currently receives a Franchise fee in the amount of 5% of
total gross revenues from Comcast. The proposed agreement also includes a 5% Franchise fee.
This 5% equates to roughly $435,000
Cable service connections for City use: (6.5) Comcast will provide 1 service drop and up to 3
converters at each site listed in Exhibit A (which lists almost all City buildings) with the Digital
Starter Service package which includes the PEG channels
PEG Access
Ability to broadcast on the cable system: (7.1) Comcast agrees to allow City access to channels
so as to broadcast content on their system
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Retain adequate number of channels for broadcast: (7.1 & 7.14.b) City will receive a minimum
of 3 PEG channels in standard definition (SD) with the capability to move to 2 simulcast channels
(SD & HD) and 1 PEG channel
Find & view PEG programming easily (interactive menu & on-demand): (7.6) City will have ability
to place PEG programming information on the interactive channel guide
Capital support for PEG related equipment: (7.15) Residents currently see a flat $3.94 PEG fee
on their monthly bills. The proposed agreement includes a PEG fee of 2% of total Comcast
revenues. This equates to a yearly estimated amount of $174,000, or roughly $1.94 average
monthly PEG fee per subscriber.
Other Notable Items
Term: (2.3) 10 years is the proposed term of the agreement
Nonexlusive: (2.5) The City reserves the right to issue cable franchises to other applicants
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CITY OF MAPLEWOOD, MINNESOTA
ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE
TO
COMCAST OF ST. PAUL, INC.
i
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TABLE OF CONTENTS
PAGE
SECTION 1 DEFINITIONS .........................................................................................................1
SECTION 2 FRANCHISE ...........................................................................................................5
SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY .........................................8
SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM ..............................................12
SECTION 5 SYSTEM DESIGN AND CAPACITY .................................................................13
SECTION 6 PROGRAMING AND SERVICES .......................................................................15
SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS ......................17
SECTION 8 REGULATORY PROVISIONS ............................................................................24
SECTION 9 BOND ....................................................................................................................25
SECTION 10 SECURITY FUND ................................................................................................26
SECTION 11 DEFAULT .............................................................................................................28
SECTION 12 FORECLOSURE AND RECEIVERSHIP ............................................................30
SECTION 13 REPORTING REQUIREMENTS .........................................................................31
SECTION 14 CUSTOMER SERVICE POLICIES......................................................................32
SECTION 15 SUBSCRIBER PRACTICES.................................................................................37
SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS .......................................38
SECTION 17 MISCELLANEOUS PROVISIONS ......................................................................41
EXHIBIT A ............................................................................................................................. A-1
EXHIBIT B ..............................................................................................................................B-1
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ORDINANCE NO.
AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF ST.
PAUL, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY
OFMAPLEWOOD, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND
ADMINISTRATION OF THE CABLE SYSTEM; TERMINATING PRIOR FRANCHISE
RECITALS
The City of Maplewood, Minnesota (“City”), pursuant to applicable federal and state law,
is authorized to grant one (1) or more nonexclusive cable television franchises to construct,
operate, maintain and reconstruct cable television systems within the City limits.
Comcast of St. Paul, Inc., a Delaware corporation (“Grantee”) has operated a Cable
System in the City, under a cable television franchise granted pursuant to a Cable Television
Franchise Ordinance passed on October 10, 1999.
Negotiations between Grantee and the City have been completed and the franchise
renewal process followed in accordance with the guidelines established by Minnesota Statutes
Chapter 238 and the Cable Act (47 U.S.C. §546).
The City reviewed the legal, technical and financial qualifications of Grantee and has
determined that it is in the best interest of the City and its residents to renew the cable television
franchise with Grantee.
NOW, THEREFORE, THE CITY OF MAPLEWOOD DOES ORDAIN that a
franchise is hereby granted to Comcast of St. Paul, Inc., to operate and maintain a Cable System
in the City upon the following terms and conditions:
SECTION 1 DEFINITIONS
For the purpose of this Franchise, the following, terms, phrases, words, derivations and
their derivations shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include the
singular number and words in the singular number include the plural number. In the event the
meaning of any word or phrase not defined herein is uncertain, the definitions contained in
applicable local, state or federal law shall apply.
“Advertising Revenues” shall mean revenues derived from sales of advertising that are
made available to Grantee’s Cable System subscribers within the City and shall be allocated on a
pro rata basis using total Cable Service subscribers reached by the advertising. Additionally,
Grantee agrees that Gross Revenues subject to franchise fees shall include all commissions,
representative fees, Affiliated Entity fees, or rebates paid to National Cable Communications and
Comcast Spotlight or their successors associated with sales of advertising on the Cable System
1
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within the City allocated according to this paragraph using total Cable Service subscribers
reached by the advertising.
“Affiliate” shall mean any Person controlling, controlled by or under common control of
Grantee.
“Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, code,
license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement,
injunction (whether temporary, preliminary or permanent), judgment, decree or other order
issued, executed, entered or deemed applicable by any governmental authority of competent
jurisdiction.
“Basic Cable Service” shall be defined as set forth in applicable law, currently 47 USC §
522(3), as any means any service tier which includes the lawful retransmission of local television
broadcast.
“Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et
seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as
further amended by the Telecommunications Act of 1996, as further amended from time to time.
“Cable Service” shall be defined as set forth in applicable law, currently47 USC §
522(6), as (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other
Programming Service, and b) Subscriber interaction, if any, which is required for the selection or
use of such video programming or other programming service. For the purposes of this
definition, “video programming” is programming provided by, or generally considered
comparable to programming provided by a television broadcast station; and, “other programming
service” is information that a cable operatormakes available to all Subscribers generally.
“Cable System” or “System” shall have the meaning specified for “Cable System” in the
Cable Act. Unless otherwise specified, it shall in this document refer to the Cable System
constructed and operated in the City under this Franchise.
“Channel” shall be defined as set forth in applicable law, currently 47 USC § 522(4), as a
portion of the electromagnetic frequency spectrum which is used in a Cable System and which is
capable of delivering a television channel as defined by the FCC by regulation.
“City” shall mean the City of Maplewood, a municipal corporation in the State of
Minnesota.
“City Code” means the Municipal Code of the City of Maplewood, Minnesota, as may be
amended from time to time.
“Connection” means the attachment of the Drop to the television set of the Subscriber.
“Converter” means an electronic device, including Digital Transport Adapters, which
converts signals to a frequency not susceptible to interference within the television receiver of a
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Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all signals
included in the Basic Cable Service tier delivered at designated converter dial locations.
“Council” shall mean the governing body of the City.
“Day” unless otherwise specified shall mean a calendar day.
“Demarcation Point” is the point agreed upon by the Grantee and the City upon which
one side is the responsibility of the Grantee, and the other side is the responsibility of the City.
“Drop” shall mean the cable that connects the Subscriber terminal to the nearest feeder
cable of the cable.
“Effective Date” shall mean July 1, 2019.
“FCC” means the Federal Communications Commission, or a designated representative.
“Franchise” shall mean the right granted by this Franchise Ordinance and conditioned as
set forth herein.
“Franchise Area” means the entire geographic area within the City as it is now
constituted or may in the future be constituted.
“Franchise Fee” shall mean the fee assessed by the City to Grantee, determined in
amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage
allowed for such assessment by federal law. The term Franchise Fee does not include the
exceptions noted in 47 U.S.C. §542(g)(2)(A-E).
“GAAP” means generally accepted accounting principles as promulgated and defined by
the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”)
and/or the U.S. Securities and Exchange Commission (“SEC”).
“Gross Revenues” means, and shall be construed broadly to include all revenues derived
directly or indirectly by Grantee and/or an Affiliated Entity that is the cable operator of the Cable
System, from the operation of Grantee’s Cable System to provide Cable Services within the City.
Gross Revenues shall include revenue received by any Affiliate to prevent evasion or avoidance
of the obligation under this Franchise to pay Franchise and PEG Fees. Revenues of both Grantee
and an Affiliate that represent a transfer of funds between the Grantee and the Affiliate and that
would otherwise constitute Gross Revenues shall be included for purposes of determining “Gross
Revenues.” Except as provided herein, Gross Revenues shall not be net of: (1) any operating
expense or other expenditure; (2) any prior actual or claimed overpayment of Franchise or PEG
Fees, or (3) any accrual, including, without limitation, for commissions. Gross revenues include,
by way of illustration and not limitation:
monthly fees for Cable Services, regardless of whether such Cable Services are
provided to residential or commercial customers, including revenues derived from the
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provision of all Cable Services (including but not limited to pay or premium Cable
Services, digital Cable Services, pay-per-view, pay-per-event, and video-on-demand
Cable Services);
fees paid to Grantee for channels designated for commercial/leased access use and
shall be allocated on a pro rata basis using total Cable Service subscribers within the
City;
converter, remote control, and other Cable Service equipment rentals, leases, or sales;
Advertising Revenues as defined herein;
late fees, convenience fees, and administrative fees, which shall be allocated on a pro
rata basis using Cable Services revenue as a percentage of total subscriber revenues
within the City;
revenues from program guides;
Franchise Fees;
FCC Regulatory Fees;
Except as provided in subsection (B) below, any fee, tax, including without
limitation, the City’s utility tax, or other charge assessed against Grantee by
municipality, which Grantee chooses to pass through and collect from its Subscribers;
and
commissions from home shopping channels and other Cable Service revenue sharing
arrangements which shall be allocated on a pro rata basis using total Cable Service
subscribers within the City.
(a) “Gross Revenues” shall not include:
actual bad debt write-offs, except any portion which is subsequently collected which
shall be allocated on a pro rata basis using Cable Services revenue as a percentage of
total subscriber revenues within the City;
Public, Educational and Governmental (PEG) Fees; and
unaffiliated third party advertising sales agency fees which are reflected as a
deduction from revenues.
Grantee shall allocate fees and revenues generated from bundled packages and services to cable
revenues pro rata based on current published rate card for the packaged services delivered on a
stand-alone basis as follows:
i. To the extent revenues are received by Grantee for the provision of a discounted
bundle of services which includes Cable Services and non-Cable Services, Grantee shall
calculate revenues to be included in Gross Revenues using a GAAP methodology that
allocates revenue, on a pro rata basis when comparing the bundled service price and its
components to the sum of the published rate card, except as required by specific federal,
state or local law (for example, it is expressly understood that equipment may be subject
to inclusion in the bundled price at full rate card value). The City reserves its right to
review and to challenge Grantee’s calculations.
ii. Grantee reserves the right to change the allocation methodologies set forth in this
section in order to meet the standards required by governing accounting principles as
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promulgated and defined by the Financial Accounting Standards Board (“FASB”),
Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange
Commission (“SEC”). Grantee will explain and document the required changes to the
City upon request or as part of any audit or review of franchise fee payments, and any
such changes shall be subject to the next subsection below.
iii. Resolution of any disputes over the classification of revenue should first be
attempted by agreement of the Parties, but should no resolution be reached, the Parties
agree that reference shall be made to generally accepted accounting principles (“GAAP”)
as promulgated and defined by the Financial Accounting Standards Board (“FASB”),
Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange
Commission (“SEC”). Notwithstanding the forgoing, the City reserves its right to
challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP
as promulgated and defined by the FASB, EITF and/or the SEC.
“Interactive Services” are those services provided to Subscribers whereby the Subscriber
either (a) both receives information consisting of either television or other signal and transmits
signals generated by the Subscriber or equipment under his/her control for the purpose of
selecting what information shall be transmitted to the Subscriber or for any other purpose or (b)
transmits signals to any other location for any purpose.
“Minnesota Cable Communications Act” means the provisions of Minnesota law
governing the requirements for a cable television franchise as set forth in Minn. Stat. Ch. 238, as
may be amended.
“Normal Business Hours” means those hours during which most similar businesses in
City are open to serve customers. In all cases, “Normal Business Hours” must include some
evening hours, at least one (1) night per week and/or some weekend hours.
“Normal Operating Conditions” means those Service conditions which are within the
control of Grantee. Those conditions which are not within the control of Grantee include, but are
not limited to, natural disasters, civil disturbances, power outages, telephone network outages,
and severe or unusual weather conditions. Those conditions which are ordinarily within the
control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable
System.
“Pay Service” means programming (such as certain on-demand movie channels or pay-
per-view programs) offered individually to Subscribers on a per-channel, per-program or per-
event basis.
“PEG” means public, educational and governmental.
“PEG Access Channels” means any channels or portions of channels made available for
use by the City for public, educational or governmental programming.
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“Person” means any natural person and all domestic and foreign corporations, closely-
held corporations, associations, syndicates, joint stock corporations, partnerships of every kind,
clubs, businesses, common law trusts, societies and/or any other legal entity.
“Street” shall mean the surface of and the space above and below any public Street, road,
highway, freeway, lane, path, trail, public way, alley, court, sidewalk, boulevard, parkway, drive
or any easement or right-of-way now or hereafter held by City which shall, within its proper use
and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of
installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, man-
holes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and
pertinent to a Cable System.
“Subscriber” means a Person who lawfully receives Cable Service.
“Wireline MVPD” means a multichannel video programming distributor that utilizes the
Streets to install cable or fiber and is engaged in the business of making available for purchase,
by Subscribers, multiple Channels of video programming in the City.
SECTION 2 FRANCHISE
2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the
City’s Streets subject to: 1) the provisions of this non-exclusive Franchise to provide Cable
Service within the City; and 2) all applicable provisions of the City Code. Nothing in this
Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable
Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the
City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of
its rights to regulate such other services to the extent not prohibited by Applicable Law and no
provision herein shall be construed to limit or give up any right to regulate.
2.2 Reservation of Authority. The Grantee specifically agrees to comply with the
lawful provisions of the City Code and applicable regulations of the City. Subject to the police
power exception below, in the event of a conflict between A) the lawful provisions of the City
Code or applicable regulations of the City and B) this Franchise, the express provisions of this
Franchise shall govern. Subject to express federal and state preemption, the material terms and
conditions contained in this Franchise may not be unilaterally altered by the City through
subsequent amendments to the City Code, ordinances or any regulation of City, except in the
lawful exercise of City’s police power. Grantee acknowledges that the City may modify its
regulatory policies by lawful exercise of the City’s police powers throughout the term of this
Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however,
Grantee reserves all rights it may have to challenge such modifications to the City Code whether
arising in contract or at law. The City reserves all of its rights and defenses to such challenges
whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the
City to perform any public works or public improvements of any description, (B) be construed as
a waiver of any codes or ordinances of general applicability promulgated by the City, including
the Right of Way ordinance, or (C) be construed as a waiver or release of the rights of the City in
and to the Streets.
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2.3 Franchise Term. The term of the Franchise shall be ten (10) years from the
Effective Date, unless extended by mutual written consent in accordance with Section 17.7 or
terminated sooner in accordance with this Franchise.
2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein.
Grantee shall extend its Cable System to provide Service to any residential unit in the City in
accordance with Section 6.6 herein.
2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The
City specifically reserves the right to grant, at any time, such additional franchises for a Cable
System as it deems appropriate provided, however, such additional grants shall not operate to
materially modify, revoke, or terminate any rights previously granted to Grantee other than as
described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to
constitute a modification, revocation, or termination of rights previously granted to Grantee.
Any additional cable franchise grants shall comply with Minn. Stat. § 238.08 and any other
applicable federal level playing field requirements.
rd
2.6 Periodic Public Review of Franchise. Within sixty (60) Days of the third (3) and
th
sixth (6) annual anniversary of the Effective Date of this Franchise, the City may conduct a
public review of the Franchise. The purpose of any such review shall be to ensure, with the
benefit of full opportunity for public comment, that the Grantee continues to effectively serve the
public in the light of new developments in cable law and regulation, cable technology, cable
company performance with the requirements of this Franchise, local regulatory environment,
community needs and interests, and other such factors. Both the City and Grantee agree to make
a full and good faith effort to participate in the review. So long as Grantee receives reasonable
notice, Grantee shall participate in the review process and shall fully cooperate. The review shall
not operate to modify or change any provision of this Franchise without mutual written consent
in accordance with Section 17.7 of this Franchise.
2.7 Transfer of Ownership.
(a) No sale, transfer, assignment or “fundamental corporate change”, as
defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the
sale, transfer, or fundamental corporate change files a written request with City for its
approval, provided, however, that said approval shall not be required where Grantee
grants a security interest in its Franchise and assets to secure an indebtedness.
(b) City may determine that a public hearing is necessary due to potential
adverse effect on Grantee’s Subscribers resulting from the sale or transfer.
(c) If a public hearing is deemed necessary pursuant to (b) above, such
hearing shall be commenced within thirty (30) Days of such determination and notice of
any such hearing shall be given in accordance with local law. The notice shall contain the
date, time and place of the hearing and shall briefly state the substance of the action to be
considered by City.
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(d) City shall approve or deny in writing the sale or transfer request. City shall
set forth in writing with particularity its reason(s) for denying approval. City shall not
unreasonably withhold its approval.
(e) The parties to a sale or transfer of the Franchise only, without the
inclusion of the System in which substantial construction has commenced, shall establish
that the sale or transfer of only the Franchise will be in the public interest.
(f) Any sale or transfer of stock in Grantee so as to create a new controlling
interest in the System shall be subject to the requirements of this Section 2.7. The term
“controlling interest” as used herein is not limited to majority stock ownership, but
includes actual working control in whatever manner exercised.
(g) In no event shall a transfer or assignment of ownership or control be
approved without the transferee becoming a signatory to this Franchise and assuming all
rights and obligations thereunder, and assuming all other rights and obligations of the
transferor to the City.
(h) In accordance with Minn. Stat. § 238.084, Subd. 1(y), the City shall have
the right to purchase the System in the event the Franchise or System is proposed to be
transferred or sold on the same terms and conditions as the offer pursuant to which
transfer notice was provided pursuant to this section. The City shall have thirty (30) days
from receipt of an application for consent under this Section 2.7 in which to give notice
of its intention to exercise such right.
2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its
own election and subject to Grantee’s rights under Section 626 of the Cable Act to:
(a) extend the Franchise, though nothing in this provision shall be construed
to require such extension;
(b) renew the Franchise, in accordance with Applicable Laws;
(c) invite additional franchise applications or proposals;
(d) terminate the Franchise subject to any rights Grantee has under Section
626 of the Cable Act; or
(e) take such other action as the City deems appropriate.
2.9 Right to Require Removal of Property. At the expiration of the term for which
the Franchise is granted provided no renewal is granted, or upon its forfeiture or revocation as
provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own
expense all or any part of the Cable System from all Streets and public ways within the Franchise
Area within a reasonable time. If Grantee fails to do so, the City may perform the work and
collect the cost thereof from Grantee. However, Grantee shall have no obligation to remove the
Cable System where it utilizes the system to provide other non-cable services and has any other
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authority under applicable law to maintain facilitates in the public rights-of-way, or where
Grantee is able to find a purchaser of the Cable System who holds such authorization.
2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to
receive all available services insofar as their financial and other obligations to Grantee are
honored. In the event that Grantee elects to overbuild, rebuild, modify, or sell the system, or the
City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all
Subscribers receive continuous uninterrupted service, regardless of the circumstances, while the
Franchise remains effective. In the event of expiration, purchase, lease-purchase, condemnation,
acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any
other Person, including any other grantee of a cable communications franchise, the current
Grantee shall cooperate fully to operate the system in accordance with the terms and conditions
of this Franchise for a temporary period sufficient in length to maintain continuity of service to
all Subscribers.
SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY
3.1 Use of Streets.
(a) Grantee may, subject to the terms of this Franchise and the City Code,
erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon,
across and along the Streets within the City such lines, cables, conductors, ducts,
conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other
property and equipment as are necessary and appurtenant to the operation of a Cable
System within the City. Without limiting the foregoing, Grantee expressly agrees that it
will construct, operate and maintain its Cable System in compliance with, and subject to,
the requirements of the City Code, including by way of example and not limitation, those
requirements governing the placement of Grantee’s Cable System; and with other
applicable City Codes, and will obtain and maintain all permits and bonds required by the
City Code in addition to those required in this Franchise.
(b) All wires, conduits, cable and other property and facilities of Grantee shall
be so located, constructed, installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic and travel upon, or other use of the
Streets of City. Grantee shall keep and maintain all of its property in good condition,
order and repair so that the same shall not menace or endanger the life or property of any
Person. Grantee shall keep accurate maps and records of all of its wires, conduits, cables
and other property and facilities located, constructed and maintained in the City.
(c) All wires, conduits, cables and other property and facilities of Grantee,
shall be constructed and installed in an orderly and professional manner. All wires,
conduits and cables shall be installed, where possible, parallel with electric and telephone
lines. Multiple cable configurations shall be arranged in parallel and bundled with due
respect for engineering considerations.
3.2 Construction or Alteration. Grantee shall in all cases comply with applicable
sections of the City Code, City resolutions and City regulations regarding the acquisition of
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permits and/or such other items as may be reasonably required in order to construct, alter or
maintain the Cable System. Grantee shall, upon request, provide information to the City
regarding its progress in completing or altering the Cable System.
3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a
Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the
case of above ground lines, make use of existing poles and other facilities available to Grantee.
When residents receiving underground service or who will be receiving underground service will
be affected by proposed construction or alteration, Grantee shall provide such notice as set forth
in the permit or in City Code of the same to such affected residents.
3.4 Consistency with Designated Use. Notwithstanding the above grant to use Streets,
no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is
inconsistent with the terms, conditions or provisions by which such Street was created or
dedicated, or presently used under Applicable Laws.
3.5 Undergrounding. Grantee shall place underground all of its transmission lines
which are located or are to be located above or within the Streets of the City in the following
cases:
(a) all other existing utilities are required to be placed underground by statute,
resolution, policy or other Applicable Law;
(b) Grantee is unable to get pole clearance;
(c) underground easements are obtained from developers of new residential
areas; or
(d) utilities are overhead but residents prefer underground (undergrounding
provided at cost paid by benefitted residents).
If an ordinance is passed which involves placing underground certain utilities including
Grantee’s cable plant which is then located overhead, Grantee shall participate in such
underground project and shall remove poles, cables and overhead wires if requested to do so and
place facilities underground. Nothing herein shall mandate that City provide reimbursement to
Grantee for the costs of such relocation and removal. However, if the City makes available
funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee
from participating in such funding to the extent consistent with the City Code or Applicable
Laws.
Grantee shall use conduit or its functional equivalent to the greatest extent possible for
undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other
private property where the owner requests that conduit not be used. Cable and conduit shall be
utilized which meets the highest industry standards for electronic performance and resistance to
interference or damage from environmental factors. Grantee shall use, in conjunction with other
utility companies or providers, common trenches for underground construction wherever
available.
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3.6 Maintenance and Restoration.
(a) Restoration. In case of disturbance of any Street, public way, paved area
or public improvement, Grantee shall, at its own cost and expense and in accordance with
the requirements of the City Code restore such Street, public way, paved area or public
improvement to substantially the same condition as existed before the work involving
such disturbance took place. All requirements of this section pertaining to public
property shall also apply to the restoration of private easements and other private
property. Grantee shall perform all restoration work within a reasonable time and with
due regard to seasonal working conditions, but not to exceed ninety (90) days. If Grantee
fails, neglects or refuses to make restorations as required under this section, then the City
may do such work or cause it to be done, and the cost thereof to the City shall be paid by
Grantee. If Grantee causes any damage to private property in the process of restoring
facilities, Grantee shall repair such damage.
(b) Maintenance. Grantee shall maintain all above ground improvements that
it places on City right-of-way pursuant to the City Code and any permit issued by the
City. In order to avoid interference with the City’s ability to maintain the right-of-way,
Grantee shall provide such clearance as is required by the City Code and any permit
issued by the City. If Grantee fails to comply with this provision, and by its failure,
property is damaged, Grantee shall be responsible for all damages caused thereby.
(c) Disputes. In any dispute over the adequacy of restoration or maintenance
relative to this section, final determination shall be the prerogative of the City,
Department of Public Works and consistent with the City Code and any permit issued by
the City.
3.7 Work on Private Property. Grantee, with the consent of property owners, shall
have the authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys,
sidewalks, and public ways so as to prevent the branches of such trees from coming in contact
with the wires and cables of Grantee, except that at the option of the City, such trimming may be
done by it or under its supervision and direction at the reasonable expense of Grantee.
3.8 Relocation.
(a) Public Property. Grantee shall relocate its System and facilities in
accordance with the City Code. In addition, if, during the term of the Franchise, the City
or any government entity elects or requires a third party to alter, repair, realign, abandon,
improve, vacate, reroute or change the grade of any Street, public right-of-way or other
public property; or to construct, maintain or repair any public improvement; or to replace,
repair install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire-
holding structure, structure, or other facility, including a facility used for the provision of
utility or other services or transportation of drainage, sewage or other liquids, for any
public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at
its sole expense remove or relocate as necessary its poles, wires, cables, underground
conduits, vaults, pedestals, manholes and any other facilities which it has installed.
Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of
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such relocation and removal. However, if the City makes available funds for the cost of
placing facilities underground, nothing herein shall preclude the Grantee from
participating in such funding to the extent consistent with the City Code or Applicable
Laws.
(b) Utilities and Other Franchisees. If, during the term of the Franchise,
another entity which holds a franchise or any utility requests Grantee to remove or
relocate such facilities to accommodate the construction, maintenance or repair of the
requesting party’s facilities, or their more efficient use, or to “make ready” the requesting
party’s facilities for use by others, or because Grantee is using a facility which the
requesting party has a right or duty to remove, Grantee shall do so. The companies
involved may decide among themselves who is to bear the cost of removal or relocation,
pursuant to City Code, and provided that the City shall not be liable for such costs.
(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove
or relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance
written notice to Grantee advising Grantee of the date or dates removal or relocation is to
be undertaken; provided, that no advance written notice shall be required in emergencies
or in cases where public health and safety or property is endangered.
(d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or
refuses to remove or relocate its facilities as directed by the City; or in emergencies or
where public health and safety or property is endangered, the City may do such work or
cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee
fails, neglects or refuses to remove or relocate its facilities as directed by another
franchisee or utility, that franchisee or utility may do such work or cause it to be done,
and if Grantee would have been liable for the cost of performing such work, the cost
thereof to the party performing the work or having the work performed shall be paid by
Grantee.
(e) Procedure for Removal of Cable. Grantee shall not remove any
underground cable or conduit which requires trenching or other opening of the Streets
along the extension of cable to be removed, except as hereinafter provided. Grantee may
remove any underground cable from the Streets which has been installed in such a
manner that it can be removed without trenching or other opening of the Streets along the
extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at
its sole cost and expense, any underground cable or conduit by trenching or opening of
the Streets along the extension thereof or otherwise which is ordered to be removed by
the City based upon a determination, in the sole discretion of the City, that removal is
required in order to eliminate or prevent a hazardous condition. Underground cable and
conduit in the Streets which is not removed shall be deemed abandoned and title thereto
shall be vested in the City.
(f) Movement of Buildings. Grantee shall, upon request by any Person
holding a building moving permit, franchise or other approval issued by the City,
temporarily remove, raise or lower its wire to permit the movement of buildings. The
expense of such removal, raising or lowering shall be paid by the Person requesting same,
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and Grantee shall be authorized to require such payment in advance. The City shall
require all building movers to provide not less than fifteen (15) Days’ notice to the cable
company to arrange for such temporary wire changes.
SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM
4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is
discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable
System has been installed in a Street without complying with the requirements of this Franchise,
Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of
the Cable System other than any which the City may permit to be abandoned in place. In the
event of any such removal Grantee shall promptly restore the Street to a condition as nearly as
possible to its prior condition the Street or other public places in the City from which the System
has been removed. However, Grantee shall have no obligation to remove the Cable System
where it utilizes the system to provide other non-cable services and has any other authority under
applicable law to maintain facilities in the public rights-of-way, or where Grantee is able to find
a purchaser of the Cable System who holds such authorization.
4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the
Cable System, City shall have the right to require Grantee to conform to the state right-of-way
rules, Minn. Rules, Chapter 7819. The Cable System to be abandoned in place shall be
abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the
System without having first given three (3) months written notice to the City. Grantee may not
abandon any portion of the System without compensating the City for damages resulting from
the abandonment.
4.3 Removal after Abandonment or Termination. If Grantee has failed to
commence removal of System, or such part thereof as was designated by City, within thirty (30)
days after written notice of City’s demand for removal consistent with Minn. Rules, Ch. 7819, is
given, or if Grantee has failed to complete such removal within twelve (12) months after written
notice of City’s demand for removal is given, City shall have the right to apply funds secured by
the letter of credit and performance bond toward removal and/or declare all right, title, and
interest to the Cable System to be in City with all rights of ownership including, but not limited
to, the right to operate the Cable System or transfer the Cable System to another for operation by
it.
4.4 City Options for Failure to Remove Cable System. If Grantee has failed to
complete such removal within the time given after written notice of the City’s demand for
removal is given, the City shall have the right to exercise one of the following options:
(a) Declare all right, title and interest to the System to be in the City or its
designee with all rights of ownership including, but not limited to, the right to operate the
System or transfer the System to another for operation by it; or
(b) Declare the System abandoned and cause the System, or such part thereof
as the City shall designate, to be removed at no cost to the City. The cost of said removal
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shall be recoverable from the security fund, indemnity and penalty section provided for in
this Franchise or from Grantee directly.
(c) Upon termination of service to any Subscriber, Grantee shall promptly
remove all its facilities and equipment from within the dwelling of a Subscriber who
owns such dwelling upon his or her written request, except as provided by Applicable
Law. Such Subscribers shall be responsible for any costs incurred by Grantee in
removing the facilities and equipment.
4.5 System Construction and Equipment Standards. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and shall
conform, when applicable, with the National Electrical Safety Code, the National Electrical Code
and the FCC’s Rules and Regulations.
4.6 System Maps and Layout. Grantee shall maintain complete and accurate system
maps, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-
date route maps showing the location of the Cable System adjacent to the Streets. Grantee shall
make all maps available for review by the appropriate City personnel.
SECTION 5
SYSTEM DESIGN AND CAPACITY
5.1 Availability of Signals and Equipment.
(a) The Cable System utilizes a Fiber to the Fiber node architecture, with
Fiber Optic cable deployed from Grantee’s Headend to Grantee’s Fiber nodes, tying into
Grantee’s coaxial Cable System serving Subscribers. The System is currently passing a
minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz) and shall
be maintained to provide to Subscribers at least 200 or more activated minimum
downstream video Channels, or such comparable video viewing capability as is provided
in light of developing technologies and video distribution practices in the future.
(b) The entire System shall be technically capable of transmitting industry-
standard digital television signals in a manner and quality consistent with applicable FCC
regulations.
(c) Grantee agrees to maintain the Cable System in a manner consistent with,
or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the
Franchise with sufficient capability and technical quality to enable the implementation
and performance of all the requirements of this Franchise, including the Exhibits hereto,
and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R.
§ 76 Subpart K, regardless of the particular format in which a Signal is transmitted.
5.2 Equal and Uniform Service. Grantee shall provide access to equal and uniform
Cable Service throughout the City to the extent required by applicable law.
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5.3 System Specifications.
(a) System Maintenance. In all its construction and service provision
activities, Grantee shall meet or exceed the construction, technical performance,
extension and service requirements set forth in this Franchise.
(b) Emergency Alert Capability. At all times during the term of this
Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS)
consistent with applicable Federal law and regulations including 47 C.F.R., Part 11, and
any Minnesota State Emergency Alert System requirements. The City may identify
authorized emergency officials for activating the EAS insofar as the City’s process is
consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City
may also develop a local plan containing methods of EAS message distribution, insofar
as the local plan is consistent with Applicable Laws and the EAS Plan.
(c) Standby Power. Grantee shall provide standby power generating capacity
at the Cable System control center and at all hubs. Grantee shall maintain standby power
system supplies,rated at least at two (2) hours’ duration, throughout the trunk and
distribution networks. In addition, Grantee shall have in place throughout the Franchise
term a plan, and all resources necessary for implementation of the plan, for dealing with
outages of more than two (2) hours.
(d) Technical Standards. The technical standards used in the operation of the
Cable System shall comply, at minimum, with the technical standards promulgated by the
FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of
Federal Regulations, as may be amended or modified from time to time, which
regulations are expressly incorporated herein by reference. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and
shall conform with the National Electrical Safety Code and all other Applicable Laws
governing the construction of the Cable System.
5.4 Performance Testing. Grantee shall perform all system tests at the intervals
required by the FCC, and all other tests reasonably necessary to determine compliance with
technical standards required by this Franchise.
5.5 Special Testing.
(a) Throughout the term of this Franchise, City shall have the right to inspect
all construction or installation work performed pursuant to the provisions of the
Franchise. In addition, City may require special testing of a location or locations within
the System if there is a particular matter of controversy or unresolved complaints
regarding such construction or installation work or pertaining to such location(s).
Demand for such special tests may be made on the basis of complaints received or other
evidence indicating an unresolved controversy or noncompliance. Such tests shall be
limited to the particular matter in controversy or unresolved complaints. City shall
endeavor to so arrange its request for such special testing so as to minimize hardship or
inconvenience to Grantee or to the Subscribers caused by such testing.
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(b) Before ordering such tests, Grantee shall be afforded thirty (30) Days
following receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. City shall meet with Grantee prior to
requiring special tests to discuss the need for such and, if possible, visually inspect those
locations which are the focus of concern. If, after such meetings and inspections, City
wishes to commence special tests and the thirty (30) Days have elapsed without
correction of the matter in controversy or unresolved complaints, the tests shall be
conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a
right to participate in such testing by having an engineer of City’s choosing, and at City’s
expense, observe and monitor said testing.
SECTION 6 PROGRAMMING AND SERVICES
6.1 Categories of Programming Service. Grantee shall provide video programming
services in at least the following broad categories:
Local Broadcast (subject to federal carriage requirements)
Public Broadcast
News and Information
Sports
General Entertainment
Arts/Performance/Humanities
Science/Technology
Children/Family/Seniors
Foreign Language/Ethnic Programming
PEG Access Programming (to the extent required by the Franchise)
Movies
Leased Access
6.2 Changes in Programming Services. Grantee shall provide at least thirty (30)
Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively
delete any broad category of programming or any Channel within its control, including all
proposed changes in bandwidth or Channel allocation and any assignments including any new
equipment requirements that may occur as a result of these changes.
6.3 Parental Control Device or Capability. Upon request by any Subscriber, Grantee
shall make available a parental control or lockout device or functionality that will enable the
Subscriber to block all access to any and all Channels without affecting those not blocked.
Grantee shall inform Subscribers of the availability of the lockout device or functionality at the
time of original subscription and annually thereafter.
6.4 FCC Reports. The results of any tests required to be filed by Grantee with the
FCC shall also be available to the City upon request.
6.5 Free Cable Service to Public Buildings.
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(a) Throughout the term of this Franchise, Grantee shall provide, free of
charge, one (1) service Drop, up to three (3) Converters if necessary, and Digital Starter
Service or equivalent service which includes the PEG Channels (“Complimentary
Service”), to all of the sites listed on Exhibit A attached hereto. City and Grantee do not
waive any rights under Applicable Law regarding Complimentary Service. Should
Grantee elect under Applicable Lawto begin offsetting the value of Complimentary
Service against Franchise Fees, Grantee shall first provide City with notice in accordance
with section 16.1(f) herein before beginning any such offset, and further provided that
Grantee shall only offset for Complimentary Service in the event Grantee begins
offsetting the value of similar complimentary services provided to other local franchising
authorities in the Twin Cities region, and provided that Grantee shall not offset for
Complimentary Service provided to schools and public libraries during the term of this
Franchise.
(b) If any newly installed Drop line to a building listed on Exhibit A exceeds
two hundred (200) feet, Grantee will pay the cost of such Drop up to two hundred (200)
feet, with the City or other agency paying the remainder, if the City or other agency
provides the necessary attachment point for aerial service or conduit pathway for
underground service. If the necessary pathway is not provided, the City or other agency
shall pay the incremental cost of such Drop in excess of one hundred fifty (150) feet for
an aerial service Drop, or in excess of one hundred twenty-five (125) feet for an
underground service Drop. For purposes of this paragraph, “incremental cost” means
Grantee’s actual cost to provide the Drop beyond the applicable distances, with no mark-
up for profit. The recipient of the service will secure any necessary right of entry.
(c) The City or the building occupant shall have the right to extend Cable
Service throughout the building to additional outlets without any fees imposed by
Grantee for the provision of Complimentary Service to such additional outlets. If
ancillary equipment, such as a Converter, is required to receive the signal at additional
outlets, Grantee will provide (in addition to the three (3) devices per site free of charge)
additional devices at Grantee’s lowest residential rate charged within the Twin Cities
metropolitan area.
6.6 Limitation on Free Service. Notwithstanding anything to the contrary set forth in
this section, Grantee shall not be required to provide Complimentary Service to such buildings
unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be
provided free of fees and charges.
6.7 Annexation. Unless otherwise provided by Applicable Law, including the City
Code, upon the annexation of any additional land area by City, the annexed area shall thereafter
be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee
of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall
require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area
annexed by the City if such area is then served by another Wireline MVPD franchised to provide
multichannel video programming.
6.8 Line Extension.
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(a) Grantee shall construct and operate its Cable System so as to provide
Cable Service within the Franchise Area where there exists a density equivalent of seven
(7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest
active plant of the Cable System if the extension is to be constructed using aerial plant,
and nine (9) dwelling units per one-quarter (1/4) mile of feeder cable as measured from
the nearest active plant if the extension is to be constructed using underground plant. The
City, for its part, shall endeavor to exercise reasonable efforts to require developers and
utility companies to provide the Grantee with at least fifteen (15) Days advance notice of
an available open trench for the placement of necessary cable.
(b) Any residential unit located within one hundred twenty-five (125) feet
fromthe nearest point of access on the Street from which the Cable System is designed to
serve the site shall be connected to the Cable System at no charge other than the standard
installation charge. Grantee shall, upon request by any potential Subscriber residing in
City beyond the one hundred twenty-five (125) foot limit, extend service to such
Subscriber provided that the Subscriber shall pay the net additional Drop costs, unless the
Grantee agrees to waive said costs. To the extent consistent with Applicable Laws,
Grantee agrees that it shall impose installation costs for non-standard installations in a
uniform and nondiscriminatory manner throughout the City.
6.9 Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
7.1 Number of PEG Access Channels. Upon the Effective Date of this Franchise,
Grantee will make available a minimum of 3 PEG Access Channels in Standard Definition (SD).
Grantee shall provide the Access Channels on the Basic Tier or such other most-basic tier of
service as may be offered by Grantee in accordance with the Cable Act, Section 611, and as
further set forth in this Section 7.
(a) PEG Access Channels and programming may be delivered by City to
Grantee in SD or High Definition (HD) format. Grantee shall provide all necessary
transmission equipment from the demarcation point and throughout Grantee’s
distribution system, in order to deliver the PEG Access Channels to Subscribers. Access
Channel Signals delivered in HD format to Grantee shall not require Grantee to deliver
such HD signals to Subscribers except as set forth in this Section 7.
(b) For purposes of this Franchise, an HD signal refers to a television signal
delivering picture resolution of either 720p or greater, or such other resolution in this
same range that company utilizes for other similar non-sport, non-movie programming
channels on the Cable System, whichever is greater.
7.2 HD PEG Channels.
(a) Upon one hundred and twenty (120) days’ written notice from the City,
Grantee shall provide SD/HD simulcast capability to one (1) of the PEG Access
Channels, which Channel shall be selected by the City. No sooner than twelve (12)
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months after the Effective Date, in the event the City produces sufficient locally-
produced or local interest HD programming to program at least eight (8) hours of
programming per week on a second Channel, the Grantee shall, upon one hundred and
twenty (120) days’ written notice by the City, provide SD/HD simulcast capability to a
second SD PEG Access Channel selected by the City. Following implementation of all
HD PEG Channels as set forth in this section 7.2(a), the City will have two (2) simulcast
SD/HD PEG Channels and one (1) remaining SD PEG Channel.
(b) At such time as 80% of the Grantee’s Basic Service tier Channels are
provided exclusively in HD format, Grantee shall, upon 120 days’ notice by the City,
convert the remaining SD PEG Channel to HD. For purposes of calculating the 80%
threshold, “on demand” programming and similar programming shall not be considered a
Channel even if available to Basic Service tier Subscribers.
(c) The City acknowledges that receipt of an HD format PEG Access Channel
may require Subscribers to buy or lease special equipment, or pay additional HD charges
applicable to all HD services.
(d) Any costs of end-user equipment associated with the delivery of SD PEG
Access channels in HD format beyond the Demarcation Point shall be borne by the City,
which may be paid for out of PEG funds.
(e) The City is responsible for acquiring all equipment necessary to produce
programming in HD, which may be paid for out of PEG funds.
(f) Grantee shall have the right to use any technology to deploy or deliver HD
signals (including selection of compression, utilization of IP and other processing characteristics)
so long as it produces signal quality for the consumer that is reasonably comparable (from the
viewer’s standpoint) and functionally equivalent to similar commercial HD signals carried on the
cable system.
7.3 Control of PEG Access Channels. The control and administration of the PEG
Access Channels shall rest with the City. The City may delegate, from time to time over the
term of this Franchise, such control and administration to various entities as determined in City’s
sole discretion.
7.4 Transmission of Access Channels. PEG Access Channels may be used for
transmission of non-video signals in compliance with Applicable Laws. This may include
downstream transmission of data using a protocol such as TCP/IP or current industry standards.
Should Grantee develop the capability to provide bi-directional data transmission, spectrum
capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities.
7.5 PEG Access Channel Locations.
(a) PEG Access Channels shall be carried on the Basic Cable Service tier as
set forth in Section 7.1 herein. Nothing herein precludes the Grantee from charging for
equipment needed for Basic Cable Service. Grantee shall initially continue cablecasting
programming on the PEG Access Channels on the Cable System on the same Channel
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designations as such programming is cablecast within the City as of the Effective Date.
In no event shall any PEG Access Channel reallocations be made prior to ninety (90)
Days written notice to the City by Grantee, except for circumstances beyond Grantee’s
reasonable control. The PEG Access Channels will be located within reasonable
proximity to other commercial video or broadcast Channels, excluding pay-per-view
programming offered by Grantee in the City.
(b) Grantee agrees not to encrypt the PEG Access Channels differently than
other commercial Channels available on the Cable System.
(c) Grantee shall make reasonable efforts to minimize channel movements for
PEG Access Channels, and shall make reasonable efforts to locate both SD and HD PEG
Access Channels in its lineup in a manner that is easily accessible to subscribers. In the
event an SD PEG Access Channel is moved, Grantee will pay all reasonable costs or
expenses of the City arising out of the Channel move, including but not limited to,
reasonable marketing and constituency notification costs, up to a maximum of $5,000.
7.6 Navigation to PEG Access Channels/Electronic Programming Guide. Grantee
agrees that if it utilizes a visual interface on its Cable System for all Channels, the PEG Access
Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so
that Subscribers will have ready access to PEG Access Channels. Within sixty (60) Days of the
Effective Date, Grantee will make available to City the ability to place PEG channel
programming information on the interactive channel guide via the electronic programming guide
(“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. Grantee will
be responsible for providing the designations and instructions necessary for the PEG Access
Channels to appear on the EPG. All costs and operational requirements of the EPG provider shall
be the responsibility of the City. City acknowledges that Grantee is not responsible for
operations of the EPG provider.
7.7 Ownership of PEG Access Channels. Grantee does not relinquish its ownership
of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user
– whether an individual, educational or governmental user – acquires no property or other
interest by virtue of the use of a Channel position so designated. Grantee shall not exercise
editorial control over any public, educational, or governmental use of a Channel position, except
Grantee may refuse to transmit any public access program or portion of a public access program
that contains obscenity, indecency, or nudity in violation of Applicable Law.
7.8 Noncommercial Use of PEG. Only noncommercial uses of the PEG Access
Channels shall be permitted. Permitted noncommercial uses of the PEG Access Channels shall
include, by way of example and not limitation, the following: (1) the identification of financial
supporters of PEG programming similar to what is provided on public broadcasting stations; (2)
the solicitation of financial support for the provision of PEG programming by the City or third
party users for charitable, educational or governmental purposes; (3) programming offered by
accredited, non-profit, educational institutions which may, for example, offer telecourses over a
PEG Access Channel; or (4) the delivery of governmental programming, information, or data via
a PEG Access Channel.
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7.9 Dedicated Fiber Return Lines. In addition to the requirements of section 7.4
above, the Grantee will maintain all existing fiber paths in place as of the Effective Date to
facilitate PEG origination/return capacity in the Cityto allow the origination of PEG
programming (video or character generated). Such fiber returns paths are listed in Exhibit B
attached hereto. Grantee shall not be responsible for fiber “replacement” but will handle any
damage and all maintenance on the existing fiber. Grantee anticipates, but cannot guarantee, that
that this will result in minimal fiber expenditures by the City over the Franchise term.
7.10 Interconnection. Grantee shall continue to make the fiber loop known as the
PRIMSA Ring available to City until the network equipment servicing the PRIMSA Ring as of
the Effective Date is at the end of life. The City can use the PRIMSA Ring to send and receive
live and recorded programming for playback. Grantee shall provide City access to the PRIMSA
Ring at an agreed upon Demarcation Point. Grantee will provide use of and maintain the
PRIMSA Ring free of charge but Grantee will not be obligated to replace network equipment on
the PRISMA Ring or for any equipment on the City’s side of the Demarcation Point.
7.11 Ancillary Equipment.Any ancillary equipment operated by Grantee for the
benefit of PEG Access Channels on Grantee’s fiber paths or Cable System, whether referred to
switchers, routers or other equipment, will be maintained by Grantee, at no cost to the City or
schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its
side of the demarcation point and the City or school is responsible for all other
production/playback equipment.
7.12 Universal PEG Tier. The Grantee shall continue providing the Universal PEG Tier
free of charge to all Persons receiving such service as of the Effective Date as long as it remains
technically and economically possible to provide such service. The Universal PEG Tier shall be
continued for the term of the Franchise or until all current recipients discontinue such service, or until
such time as Grantee’s Basic Service Tier Channels are provided in HD only The "Universal PEG
Tier" shall mean all SD PEG channels identified in this Franchise or subsequently added
pursuant to the Franchise.
7.13 Future Fiber Return Lines for PEG. At such time that the City determines:
(a) that the City desires the capacity to allow Subscribers in the City to
receive PEG programming (video or character generated) which may originate from
schools, City facilities, other government facilities or other designated facilities (other
than those indicated in paragraph 9); or
(b) that the City desires to establish or change a locations from which PEG
programming is originated; or
(c) that the City desires to upgrade the Connection to Grantee from an
existing signal point of origination,
the City will give Grantee written notice detailing the point of origination and the capability
sought by the City. After an agreement to reimburse Grantee for Grantee’s out of pocket time
and material costs, Grantee will implement any necessary Cable System changes within a
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reasonable period of time. Nothing herein prevents the City, or a private contractor retained by
the City, from constructing said return fiber.
7.14 Access Channel Carriage.
(a) Grantee shallprovide all necessary transmission equipment from the
demarcation point and throughout Grantee’s distribution system in order to deliver the
PEG Access Channels. Any and all costs associated with any modification of the Access
Channels or signals after the Access Channels/signals leave the City’s designated
playback facilities, or any designated playback center authorized by the City shall be
borne entirely by Grantee. Grantee shall not cause any programming to override PEG
programming on any Access Channel, except by oral or written permission from the City,
with the exception of emergency alert signals.
(b) The City may request and Grantee shall provide an additional Access
Channel when the cumulative time on all the existing Access Channels combined meets
the following standard: whenever one (1) of the Access Channels in use during eighty
percent (80%) of the weekdays, Monday through Friday, for eighty percent (80%) of the
time during a consecutive three (3) hour period for six (6) weeks running, and there is a
demand for use of an additional Channel for the same purpose, the Grantee has six (6)
months in which to provide a new, Access Channel for the same purpose; provided that,
the provision of the additional Channel or Channels does not require the Cable System to
install Converters.
(c) The VHF spectrum shall be used for one (1) of the public, educational, or
governmental specially designated Access Channels.
(d) The City or its designee shall be responsible for developing,
implementing, interpreting and enforcing rules for PEG Access Channel use.
(e) The Grantee shall monitor the Access Channels for technical quality to
ensure that they meet FCC technical standards including those applicable to the carriage
of Access Channels, provided however, that the Grantee is not responsible for the
production quality of PEG programming productions. The City, or its designee, shall be
responsible for the production and quality of all PEG access programming. Grantee shall
carry all components of the standard definition of Access Channel including, but not
limited to, closed captioning, stereo audio and other elements associated with the
programming.
7.15 Access Channel Support.
(a) Effective with the first Subscriber bill after the Effective Date of this
Franchise, Grantee shall pay to City a fee equal to 2% of Gross Revenues in support of
PEG (“PEG Fee”) for the duration of this Franchise, or such lower amount as may be
subsequently determined by the City to be sufficient to fund PEG expenditures in
accordance with Applicable Law. Payments pursuant to this subsection shall be paid
quarterly to the City (or its designated access entity) on the same schedule as the
Franchise Fee payments.
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(b) The PEG Fee may be used by City to fund PEG expenditures in
accordance with Applicable Law.
(c) The PEG Fee is not part of the Franchise Fee and instead falls within one
or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized,
itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C.
§ 542 or other Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at
the same time as the payment of Franchise Fees under Section 16.1 of the Franchise.
Grantee agrees that it will not offset or reduce its payment of past, present or future
Franchise Fees required as a result of its obligation to remit the PEG Fee.
(d) Any PEG Fees owing pursuant to this Franchise which remain unpaid
more than thirty (30) Days after the date the payment is due shall be delinquent and shall
thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate
published by the Wall Street Journal on the Day the payment was due plus two percent
(2%), whichever is greater.
7.16 PEG Technical Quality.
(a) Grantee shall not be required to carry a PEG Access Channel in a higher
quality format than that of the Channel Signal delivered to Grantee, but Grantee shall not
implement a change in the method of delivery of Access Channels that results in a
material degradation of signal quality or impairment of viewer reception of Access
Channels, provided that this requirement shall not prohibit Grantee from implementing
new technologies also utilized for commercial Channels carried onits Cable System.
Grantee shall meet FCC signal quality standards when offering Access Channelson its
Cable System and shall continue to comply with closed captioning pass-through
requirements.There shall be no significant deterioration in an Access Channels signal
from the point of origination upstream to the point of reception downstream on the Cable
System.
(b) Within twenty-four (24) hours of a written or e-mailed request from City
to the Grantee identifying a technical problem with a Access Channel and requesting
assistance, Grantee will provide technical assistance or diagnostic services to determine
whether or not a problem with a PEG signal is the result of matters for which Grantee is
responsible and if so, Grantee will take prompt corrective action. If the problem persists
and there is a dispute about the cause, then the parties shall meet with engineering
representation from Grantee and the City in order to determine the course of action to
remedy the problem.
7.17 Access Channel Promotion.
At such time as an Access Channel is moved or, relocated or launched in HD, Grantee shall
provide a bill message announcing the change upon the written or e-mailed request of the City.
7.18 Change in Technology. In the event Grantee makes any change in the Cable
System and related equipment and facilities or in its signal delivery technology, which requires
the City to obtain new equipment in order to be compatible with such change for purposes of
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transport and delivery of the Access Channels, Grantee shall, at its own expense and free of
charge to City or its designated entities, purchase such equipment as may be necessary to
facilitate the cablecasting of the Access Channels in accordance with the requirements of the
Franchise.
7.19 Relocation of Grantee’s Headend. In the event Grantee relocates its headend,
Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at
Grantee’s cost so that all the functions and capacity remain available, operate reliably and satisfy
all applicable technical standards and related obligations of the Franchise free of charge to the
City or its designated entities.
7.20 Regional Channel Six. Grantee shall make available Regional Channel Six as long
as it is required to do so by Applicable Law.
7.21 Compliance with Minnesota Statutes Chapter 238. In addition to the
requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with
the PEG requirements mandated by Minn. Stat. § 238.084.
SECTION 8 REGULATORY PROVISIONS
8.1 Regulation of Rates and Charges.
(a) Right to Regulate. The City reserves the right to regulate rates or charges
for any Cable Service within the limits of Applicable Law, to enforce rate regulations
prescribed by the FCC, and to establish procedures for said regulation or enforcement.
(b) Notice of Change in Rates and Charges. Throughout the term of this
Franchise, Grantee shall give the City and all Subscribers within the City at least thirty
(30) Days’ notice of any intended modifications or additions to Subscriber rates or
charges. Nothing in this subsection shall be construed to prohibit the reduction or
waiving of rates or charges in conjunction with promotional campaigns for the purpose of
attracting Subscribers or users.
(c) Rate Discrimination Prohibited. Within any category of Subscribers,
Grantee shall not discriminate among Subscribers with regard to rates and charges made
for any service based on considerations of race, color, creed, sex, marital or economic
status, national origin, sexual preference, except as otherwise provided herein; and for
purposes of setting rates and charges, no categorization of Subscribers shall be made by
Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to
establish (1) discounted rates and charges for providing Cable Service to low-income,
handicapped, or low-income elderly Subscribers, (2) promotional rates, and (3) bulk rate
and package discount pricing.
SECTION 9BOND
9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times
thereafter Grantee shall maintain with City a bond in the sum of $100,000.00 in such form and
with such sureties as shall be acceptable to City, conditioned upon the faithful performance by
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Grantee of this Franchise and the acceptance hereof given by City and upon the further condition
that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be
recoverable jointly and severally from the principal and surety of the bond, any damages or
losses suffered by City as a result, including the full amount of any compensation,
indemnification or cost of removal of any property of Grantee, including a reasonable allowance
for attorneys’ fees and costs (with interest at two percent (2%) in excess of the then prime rate),
up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of
all claims and liens against City or any, public property, and taxes due to City, which arise by
reason of the construction, operation, maintenance or use of the Cable System.
9.2 Rights. The rights reserved by City with respect to the bond are in addition to all
other rights the City may have under this Franchise or any other law.
9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of
the bond.
SECTION 10 SECURITY FUND
10.1 Security Fund. If the City determines that there is an uncured breach by Grantee
of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of
this Franchise, then Grantee shall, upon written request, establish and provide to the City, as
security for the faithful performance by Grantee of all of the provisions of this Franchise, an
irrevocable letter of credit from a financial institution satisfactory to the City in the amount of
Twenty-five Thousand and No/100 Dollars ($25,000.00). In no event shall Grantee fail to post a
Twenty-five Thousand and No/100 Dollar ($25,000.00) letter of credit within thirty (30) days
receipt of a notice of franchise violation pursuant to this Section 10.1. Failure to post said letter
of credit shall constitute a separate material violation of this Franchise, unless the breach is cured
within such thirty (30) Day period or longer period allowed under the Franchise. The letter of
credit shall serve as a common security fund for the faithful performance by Grantee of all the
provisions of this Franchise and compliance with all orders, permits and directions of the City
and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which
arise by reason of the construction, operation or maintenance of the Cable System. Interest on
this deposit shall be paid to Grantee by the bank on an annual basis. The security may be
terminated by the Grantee upon the resolution of the alleged noncompliance. The obligation to
establish the security fund required by this paragraph is unconditional. The fund must be
established in those circumstances where Grantee disputes the allegation that it is not in
compliance, and maintained for the duration of the dispute. If Grantee fails to establish the
security fund as required, the City may take whatever action is appropriate to require the
establishment of that fund and shall be entitled to an award of its costs, and reasonable
attorneys’ fees in that action.
10.2 Withdrawal of Funds. The irrevocable letter of credit shall permit the City to
withdraw funds upon demand (sight draft). Grantee shall not use the security fund for other
purposes and shall not assign, pledge or otherwise use this security fund as security for any
purpose.
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10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount has
been withdrawn by the City from the security fund pursuant to 10.4 of this section, Grantee shall
deposit a sum of money sufficient to restore such security fund to the required amount.
10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to
City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise,
City in its sole discretion may charge to and collect from the security fund liquidated damages in
the amount of two hundred and fifty dollars ($250.00) per day for each day, or part thereof, that
any Franchise breach for non-compliance occurs or continues.:
10.5 Each Violation a Separate Violation. Each violation of any provision of this
Franchise shall be considered a separate violation for which separate liquidated damages can be
imposed.
10.6 Maximum 120 Days. Any liquidated damages for any given violation shall be
imposed upon Grantee for a maximum of one hundred twenty (120) Days. If after that amount
of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the
City, the City may pursue all other remedies.
10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes
due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall
be compelled to pay by reason of any act or default of the Grantee in connection with this
Franchise; or fails, after thirty (30) Days notice of such failure by the City to comply with any
provision of the Franchise which the City reasonably determines can be remedied by an
expenditure of the security, the City may then withdraw such funds from the security fund.
Payments are not Franchise Fees as defined in Section 16 of this Franchise.
10.8 Procedure for Draw on Security Fund. Whenever the City finds that Grantee has
violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall
be given to Grantee. The written notice shall describe in reasonable detail the alleged violation
so as to afford Grantee an opportunity to remedy or dispute the violation. Grantee shall have
thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the
City may require Grantee to make payment of damages, and further to enforce payment of
damages through the security fund. Grantee may, within ten (10) Days of receipt of notice,
notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred.
Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall
stay the running of the above-described time.
(a) City shall hear Grantee’s dispute at a regularly scheduled or specially
scheduled Council meeting within sixty (60) days of receipt of written notice of a dispute.
Grantee shall have the right to speak and introduce evidence. The City shall determine if
Grantee has committed a violation and shall make written findings of fact relative to its
determination.
(b) If after hearing the dispute, the claim is upheld by the City, then the
Grantee shall pay such liquidated damages as may be due and the City may begin to draw
from the security fund.
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10.9 Time for Correction of Violation. The time for Grantee to correct any alleged
violation may be extended by the City if the necessary action to collect the alleged violation is of
such a nature or character as to require more than thirty (30) Days within which to perform
provided Grantee commences corrective action within fifteen (15) Days and thereafter uses
reasonable diligence, as determined by the City, to correct the violation.
10.10 Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shallhave the
opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to
promptly remit payment to the City, the City may resort to a draw from the security fund in
accordance with the terms of this Section 10 of the Franchise.
10.11 Failure to so Replenish Security Fund. If the letter of credit is set to expire prior
to expiration of the Franchise, it shall be renewed or replaced prior to its expiration. If the City
draws on the letter of credit, the Grantee shall replace or replenish such letter of credit to its full
amount within ten (10) Days. If the security fund is not so replaced, City may draw the whole
amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs
incurred by City in performing and paying for any or all of the obligations, duties and
responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee
pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The
failure to so replace any security fund may also, at the option of City, be deemed a default by
Grantee under this Franchise. The drawing on the security fund by City, and use of the money so
obtained for payment or performance of the obligations, duties and responsibilities of Grantee
which are in default, shall not be a waiver or release of such default.
10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any
damages or monies from the security fund shall not affect any other right or remedy available to
City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a
waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section,
however, should the City elect to impose liquidated damages, that remedy shall remain the City’s
exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.6.
SECTION 11DEFAULT
11.1 Basis for Default. City shall give written notice of default to Grantee if City, in its
sole discretion, determines that Grantee has:
(a) Violated any material provision of this Franchise or the acceptance hereto
or any rule, order, regulation or determination of the City, state or federal government,
not in conflict with this Franchise;
(b) Attempted to evade any provision of this Franchise or the acceptance
hereof;
(c) Practiced any fraud or deceit upon City or Subscribers;
(d) Made a material misrepresentation of fact in the application for or
negotiation of this Franchise; or
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11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days
after the giving of such notice (or if such default is of such a character as to require more than
thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same
within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole
opinion, to cure such default as soon as possible), then, and in any event, such default shall be a
substantial breach and City may elect to terminate the Franchise. The City may place the issue
of revocation and termination of this Franchise before the governing body of City at a regular
meeting. If City decides there is cause or reason to terminate, the following procedure shall be
followed:
(a) City shall provide Grantee with a written notice of the reason or cause for
proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent
to receipt of the notice in which to correct the default.
(b) Grantee shall be provided with an opportunity to be heard at a public
hearing prior to any decision to terminate this Franchise.
(c) If, after notice is given and an opportunity to cure, at Grantee’s option, a
public hearing is held, and the City determines there was a violation, breach, failure,
refusal or neglect, the City may declare by resolution the Franchise revoked and of no
further force and effect unless there is compliance within such period as the City may fix,
such period may not be less than thirty (30) Days provided no opportunity for compliance
need be granted for fraud or misrepresentation.
11.3 Mediation. If the Grantee and City are unable to resolve a dispute through
informal negotiations during the period of thirty (30) days following the submission of the claim
giving rise to the dispute by one (1) party to the other, then unless that claim has been waived as
provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both
parties. Mutually agreed upon Mediation shall stay other enforcement remedies of the parties for
a period of ninety (90) days from the date of filing, unless stayed for a longer period by
agreement of the Grantee and City. The Grantee and City shall each pay one-half of the
mediator’s fee and any filing fees. The mediation shall be held in the City unless another
location is mutually agreed upon. Agreements reached in mediation shall be enforceable as a
settlement agreement in any court having jurisdiction thereof. Nothing herein shall serve to
modify or on any way delay the franchise enforcement process set forth in Section 10 of this
Franchise.
11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to
comply promptly with any provision of the Franchise by reason of any failure of the City to
enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or
acquiescence in Grantee’s conduct.
11.5 Compliance with the Laws.
(a) If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee from performing
any service or act which may be in conflict with the terms of this Franchise, then as soon
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as possible following knowledge thereof, either party shall notify the other of the point in
conflict believed to exist between such law or regulation. Grantee and City shall conform
to state laws and rules regarding cable communications not later than one (1) year after
they become effective, unless otherwise stated, and shall conform to federal laws and
regulations regarding cable as they become effective.
(b) If any term, condition or provision of this Franchise or the application
thereof to any Person or circumstance shall, to any extent, be held to be invalid or
unenforceable, the remainder hereof and the application of such term, condition or
provision to Persons or circumstances other than those as to whom it shall be held invalid
or unenforceable shall not be affected thereby, and this Franchise and all the terms,
provisions and conditions hereof shall, in all other respects, continue to be effective and
complied with provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In the event such law, rule or
regulation is subsequently repealed, rescinded, amended or otherwise changed so that the
provision which had been held invalid or modified is no longer in conflict with the law,
rules and regulations then in effect, said provision shall thereupon return to full force and
effect and shall thereafter be binding on Grantee and City.
SECTION 12FORECLOSURE AND RECEIVERSHIP
12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System,
Grantee shall notify the City of such fact and such notification shall be treated as a notification
that a change in control of Grantee has taken place, and the provisions of this Franchise
governing the consent to transfer or change in ownership shall apply without regard to how such
transfer or change in ownership occurred.
12.2 Receivership. The City shall have the right to cancel this Franchise subject to any
applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days
after the appointment of a receiver or trustee to take over and conduct the business of Grantee,
whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration of said one hundred
twenty (120) Days, or unless:
(a) Within one hundred twenty (120) Days after his election or appointment,
such receiver or trustee shall have fully complied with all the provisions of this Franchise
and remedied all defaults thereunder; and,
(b) Such receiver or trustee, within said one hundred twenty (120) Days, shall
have executed an agreement, duly approved by the Court having jurisdiction in the
premises, whereby such receiver or trustee assumes and agrees to be bound by each and
every provision of this Franchise.
SECTION 13REPORTING REQUIREMENTS
13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each
calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report
showing the basis for computation of such fees prepared by an officer of Grantee showing the
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basis for the computation of the Franchise Fees paid during that period in a form and substance
substantially equivalent to Exhibit Cattached hereto. This report shall separately indicate
revenues received by Grantee within the City including, but not limitedto such items as listed in
the definition of “Gross Revenues” at Section 1 of this Franchise.
13.2 Monitoring and Compliance Reports. Upon request, but no more than once a
year, Grantee shall provide a written report of any and all FCC technical performance tests for
the residential network required in FCC Rules and Regulations as now or hereinafter constituted
13.3 Reports. Upon request of the City and in no event later than thirty (30) Days from
the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City,
at the times and in the form prescribed, such additional reports with respect to its operation,
affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the
terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration
Grantee’s need for the continuing confidentiality as prescribed herein. Neither City nor Grantee
shall unreasonably demand or withhold information requested pursuant with the terms of this
Franchise.
13.4 Communications with Regulatory Agencies.
(a) Upon written request, Grantee shall submit to City copies of any pleading,
applications, notifications, communications and documents of any kind, submitted
by Grantee or its Affiliates to any federal, State or local courts, regulatory
agencies and other government bodies if such documents directly relate to the
operations of Grantee 's Cable System within the Franchise Area. Grantee shall
submit such documents to City no later than thirty (30) Days after receipt of City's
request. Grantee shall not claim confidential, privileged or proprietary rights to
such documents unless under federal, State, or local law such documents have
been determined to be confidential by a court of competent jurisdiction, or a
federal or State agency. With respect to all other reports, documents and
notifications provided to any federal, State or local regulatory agency as a routine
matter in the due course of operating Grantee 's Cable System within the
Franchise Area, Grantee shall make such documents available to City upon City's
written request.
(b) In addition, Grantee and its Affiliates shall within ten (10) Days of any
communication to or from any judicial or regulatory agency regarding any alleged
or actual violation of this Franchise, City regulation or other requirement relating
to the System, use its best efforts to provide the City a copy of the
communication, whether specifically requested by the City to do so or not.
SECTION 14 CUSTOMER SERVICE PROVISIONS
14.1 Customer Service Standards. The Grantee shall at all times comply with FCC
customer service standards. In addition, the Grantee shall at all times satisfy all additional or
stricter customer service requirements as set forth in this Franchise, or as may be set forth in any
ordinance or regulation lawfully enacted by the City.
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14.2 Response to Customers and Cooperation with City. Grantee shall promptly
respond to all requests for service, repair, installation and information from Subscribers. Grantee
acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work
in close cooperation with the City to resolve complaints.
14.3 Definition of “Complaint.” For the purposes of Section 14, with the exception of
Subsection 14.5, a “complaint” shall mean any communication to Grantee or to the City by a
Subscriber or a Person who has requested Cable Service; a Person expressing dissatisfaction with
any service, performance, or lack thereof, by Grantee under the obligations of this Franchise.
14.4 Customer Service Agreement and Written Information. Grantee shall provide to
Subscribers a comprehensive service agreement and information in writing for use in
establishing Subscriber service. Written information shall, at a minimum, contain the following
information:
(a) Services to be provided and rates for such services.
(b) Billing procedures.
(c) Service termination procedure.
(d) Change in service notifications.
(e) Liability specifications.
(f) Converter/Subscriber terminal equipment policy.
(g) Breach of Franchise specification.
(h) How complaints are handled including Grantee’s procedure for
investigation and resolution of Subscriber complaints.
14.5 Reporting Complaints. The requirements of this Section 14.4 shall be subject to
federal law regarding Subscriber privacy. Grantee shall maintain all Subscriber data available
for City inspection. Subscriber data shall include the date, name, address, telephone number of
Subscriber complaints as well as the subject of the complaint, date and type of action taken to
resolve the complaint, any additional action taken by Grantee or the Subscriber. The data shall be
maintained in a way that allows for simplified access of the data by the City.
Subject to federal law and upon reasonable request by the City, Grantee shall, within a
reasonable amount of time, provide City with such Subscriber data for its review.
14.6 Customer Service Standards. The City hereby adopts the customer service
standards set forth in Part 76, §76.309 of the FCC’s rules and regulations, as amended. Grantee
shall, upon request, which request shall include the reason for the request (such as complaints
received or other reasonable evidence of concern), provide City with information which shall
describe in detail Grantee’s compliance with each and every term and provision of this Section
14.5. Grantee shall comply in all respects with the customer service requirements established by
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the FCC and those set forth herein. The City reserves the right to enact additional consumer
protection laws or requirements to the extent such requirements are not inconsistent with, and
preempted by, the FCC’s customer service standards.
14.7 Local Office. Grantee shall maintain a convenient local customer service and bill
payment location for matters such as receiving Subscriber payments, handling billing questions,
equipment replacement and customer service information. Grantee shall comply with the
standards and requirements for customer service set forth below during the term of this
Franchise.
14.8 Cable System office hours and telephone availability.
(a) Grantee will maintain a local, toll-free or collect call telephone access line
which will be available to its Subscribers twenty-four (24) hours a Day, seven (7) days a
week.
(i) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(ii) After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a trained
Grantee representative on the next business Day.
(b) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30) seconds when
the connection is made. If the call needs to be transferred, transfer time shall not exceed
thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the
time under Normal Operating Conditions, measured on a quarterly basis.
(c) Grantee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
(d) Under Normal Operating Conditions, the customer will receive a busy
signal less than three percent (3%) of the time. Under Normal Operating Conditions, the
percentage of calls abandoned or dropped shall not exceed three percent (3%).
(e) Customer service center and bill payment locations will be open at least
during Normal Business Hours and will be conveniently located.
14.9 Installations, Outages and Service Calls. Under Normal Operating Conditions,
each of the following standards will be met no less than ninety-five percent (95%) of the time
measured on a quarterly basis:
(a) Standard Installations will be performed within seven (7) business days
after an order has been placed. "Standard" Installations are those that are located up to
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one hundred twenty-five (125) feet from the existing distribution system as more
specifically set forth in Section 6.6 (c).
(b) Excluding conditions beyond the control of Grantee, Grantee will begin
working on "Service Interruptions" promptly and in no event later than twenty-four (24)
hours after the interruption becomes known. Grantee must begin actions to correct other
Service problems the next business Day after notification of the Service problem.
(c) The "appointment window" alternatives for Installations, Service calls,
and other Installation activities will be either a specific time or, at maximum, a four (4)
hour time block during Normal Business Hours. (Grantee may schedule Service calls and
other Installation activities outside of Normal Business Hours for the express
convenience of the customer.)
(d) Grantee may not cancel an appointment with a customer after the close of
business on the business Day prior to the scheduled appointment.
(e) If Grantee’s representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will be
contacted. The appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
14.10 Communications between Grantee and Subscribers.
(a) Refunds. Refund checks will be issued promptly, but no later than either:
(i) The customer’s next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
(ii) The return of the equipment supplied by Grantee if Cable Service
is terminated.
(b) Credits. Credits for Cable Service will be issued no later than the
customer's next billing cycle following the determination that a credit is warranted.
14.11 Billing:
(a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and
understandable. Bills must be fully itemized, with itemizations including, but not limited
to, Basic Cable Service and premium Cable Service charges and equipment charges.
Bills will also clearly delineate all activity during the billing period, including optional
charges, rebates and credits.
(b) In case of a billing dispute, Grantee must respond to a written complaint
from a Subscriber within thirty (30) days.
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14.12 Subscriber Information. Grantee will provide written information on each of
the following areas at the time of Installation of Service, at least annually to all Subscribers, and
at any time upon request:
(a) Products and Services offered;
(b) Prices and options for programming services and conditions of
subscription to programming and other services;
(c) Installation and Service maintenance policies;
(d) Instructions on how to use the Cable Service;
(e) Channel positions of programming carried on the System; and
(f) Billing and complaint procedures, including the address and telephone
number of the City's cable office.
Subscribers shall be advised of the procedures for resolution of complaints about the
quality of the television signal delivered by Grantee, including the address of the responsible
officer of the City. Grantee shall notify Subscribers thirty (30) days in advance of any
significant changes in the information required by this Section 14.12.
14.13 Notice or Rate Programming Change. In addition to the requirement of this
Section 14.13 Grantee shall give thirty (30) days written notice to both Subscribers and the City
before implementing any rate or Service change. Such notice shall state the precise amount of
any rate change and briefly explain in readily understandable fashion the cause of the rate change
(e.g., inflation, change in external costs or the addition/deletion of Channels). When the change
involves the addition or deletion of Channels, each Channel added or deleted must be separately
identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify
for Subscribers, the television signal added and not whether that signal may be multiplexed
during certain dayparts.
14.14 Subscriber Contracts. Grantee shall, upon written request, provide the City with
any standard form residential Subscriber contract utilized by Grantee. If no such written contract
exists, Grantee shall file with the City a document completely and concisely stating the length
and terms of the Subscriber contract offered to customers.
14.15 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued,
without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by
the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every
month will be assumed to have thirty (30) Days.
14.16 Late Fees. Grantee shall comply with all applicable state and federal laws with
respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes
upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s
compliance with all Applicable Laws to the maximum extent legally permissible.
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14.17 Disputes. All Subscribers and members of the general public may direct
complaints, regarding Grantee’s Service or performance to the chief administrative officer of the
City or the chief administrative officer’s designee, which may be a board or Commission of the
City. Grantee must make its best efforts to contact the Subscriber who is the subject of the
dispute within two (2) business Days of receiving notice of the complaint from the City. The
Grantee shall establish and maintain a company “escalated complaint” contact (telephone
number and email address) to whom the City may forward escalated complaints. Grantee will
make its best efforts to notify City of resolution to an “escalated complaint.”
14.18 Customer Bills. Customer bills shall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Customers, and in a way that (A) is
not misleading and (B) does not omit material information. Notwithstanding anything to the
contrary in Section 14.10, above, Grantee may, in its sole discretion, consolidate costs on
Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C.
§542(c)).
14.19 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty
(30) days in a manner deemed reasonable by the City under the terms of the Franchise.
14.20 Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free
telephone Subscriber complaint line, available to its Subscribers twenty-four (24) hours per Day,
seven (7) days a week.
14.21 Notification of Complaint Procedure. Grantee shall have printed clearly and
prominently on each Subscriber bill and in the customer service agreement provided for in
Section 14.3, the twenty-four (24) hour Grantee phone number for Subscriber complaints.
Additionally, Grantee shall provide information to customers concerning the procedures to
follow when they are unsatisfied with measures taken by Grantee to remedy their complaint.
This information will include the phone number of the City office or Person designated to handle
complaints.
14.22 Subscriber Privacy.
(a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall
comply with the following: No signals including signals of a Class IV Channel may be
transmitted from a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the Subscriber. The
request for permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of its
provisions. Such written permission shall be for a limited period of time not to exceed
one (1) year which may be renewed at the option of the Subscriber. No penalty shall be
invoked for a Subscriber’s failure to provide or renew such permission. The permission
shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(b) No information or data obtained by monitoring transmission of a signal
from a Subscriber terminal, including but not limited to lists of the names and addresses
of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or
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otherwise made available to any party other than to Grantee or its agents for Grantee’s
business use, and also to the Subscriber subject of that information, unless Grantee has
received specific written permission from the Subscriber to make such data available.
The request for permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of its
provisions. Such written permission shall be for a limited period of time not to exceed
one (1) year which may be renewed at the option of the Subscriber. No penalty shall be
invoked for a Subscriber’s failure to provide or renew such permission. The permission
shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(c) Written permission from the Subscriber shall not be required for the
conducting of system wide or individually addressed electronic sweeps for the purpose of
verifying System integrity or monitoring for the purpose of billing. Confidentiality of
such information shall be subject to the provision set forth in subparagraph (b) of this
section.
14.23 Grantee Identification. Grantee shall provide all customer service technicians
and all other Grantee employees entering private property with appropriate picture identification
so that Grantee employees may be easily identified by the property owners and Subscribers.
SECTION 15 SUBSCRIBER PRACTICES
15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or
outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other
properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided,
however, that such disconnection shall not be effected until after the later of: (i) forty-five (45)
Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after
delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before
expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon
payment in full of the delinquent fee or charge and the payment of a reconnection charge,
Grantee shall promptly reinstate the Subscriber’s Cable Service.
15.2 Refunds to Subscribers shall be made or determined in the following manner:
(a) If Grantee fails, upon request by a Subscriber, to provide any service then
being offered, Grantee shall promptly refund all deposits or advance charges paid for the
service in question by said Subscriber. This provision does not alter Grantee’s
responsibility to Subscribers under any separate contractual agreement or relieve Grantee
of any other liability.
(b) If any Subscriber terminates any monthly service because of failure of
Grantee to render the service in accordance with this Franchise, Grantee shall refund to
such Subscriber the proportionate share of the charges paid by the Subscriber for the
services not received. This provision does not relieve Grantee of liability established in
other provisions of this Franchise.
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(c) If any Subscriber terminates any monthly service prior to the end of a
prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the
number of days as a basis, shall be refunded to the Subscriber by Grantee.
SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS
16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay to the City a
Franchise Fee of five percent (5%) of Gross Revenues. If any such law, regulation or valid rule
alters the five percent (5%) Franchise Fee ceiling establishedby the Cable Act, then the City
shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly,
provided such increase is for purposes not inconsistent with Applicable Law. In the event
Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non-
Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee
for more than one (1) class of service resulting in a discount on Cable Services, Grantee shall, for
the purpose of calculation of the Franchise Fee, allocate to Cable Service revenue no less than a
pro rata share of the revenue received for the bundled or combined services. The pro rata share
shall be computed on the basis of the published charge for each service in the bundled or
combined classes of services when purchased separately.
(a) Franchise Fees shall be paid quarterly not later than forty-five (45) Days
following the end of a given quarter. In accordance with Section 16 of this Franchise,
Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit
C, signed by an authorized representative of Grantee, which identifies Gross Revenues
earned by Grantee during the period for which payment is made. No acceptance of any
payment shall be construed as an accord that the amount paid is in fact, the correct
amount, nor shall such acceptance of payment be construed as a release of any claim
which the City may have for further or additional sums payable under the provisions of
this section.
(b) Neither current nor previously paid Franchise Fees shall be subtracted
from the Gross Revenue amount upon which Franchise Fees are calculated and due for
any period, unless otherwise required by Applicable Law.
(c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid
more than forty-five (45) Days after the dates specified herein shall be delinquent and
shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%)
above prime lending rate as quoted by the Wall Street Journal, whichever is greater.
(d) No term or condition in this Franchise shall in any way modify or affect
Grantee’s obligation to pay in full the Franchise Fee percentage listed in this Franchise.
Additionally, the PEG fee pursuant to Section 7, as well as any charges incidental to the
awarding or enforcing of this Franchise, including payments for bonds, security funds,
letters of credit, insurance, indemnification, penalties or liquidated damage shall not be
offset against Franchise Fees. Furthermore, the City and Grantee agree that any utility
tax, business and occupation tax or similar local tax of general applicability shall be in
addition to any Franchise Fees required herein and there shall be no offset against
Franchise Fees subject to Applicable Laws. With the exception of the foregoing,
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Comcast reserves all rights to offset cash or non-cash payments from Franchise Fees,
consistent with Applicable Laws.
(e) Furthermore, if the Grantee discovers it has materially overpaid or underpaid the
City, it will provide the City a written explanation of its findings prior to making any
adjustments to future franchise fee payments to correct for overpayment or
underpayment. The City reserves the right to contest Grantee’s claimed overpayment or
underpayment including pursuant to Section 11 herein. This Section shall not apply to
Grantee’s regular process for truing up third party Gross Revenues derived in the
ordinary course of business, such as ad sales revenues.
(f) Should Grantee elect to offsetagainst the Franchise Fee the value of
Franchise commitments or initiatives such as Complimentary Service as may be
permitted by Applicable Laws including any Order resulting from the FCC’s 621
proceeding, MB Docket No. 05-311, Grantee shall provide the City ninety (90) days’
advance written notice. Discounted leased fiber or managed services provided under a
separate contract with Comcast Business are not a non-cash commitment or initiative,
and shall not be offset.
(g) Any decision or election by Grantee not to exercise any right it has under
Applicable Laws, including any Order by the FCC in the 621 proceeding, to offset cash
or non-cash payments from Franchise Fees under or pursuant to this Franchise, shall not
constitute a waiver of any such rights Grantee may have under applicable law.
16.2 Auditing and Financial Records. Throughout the term of this Franchise, the
Grantee agrees that the City, upon reasonable prior written notice of twenty (20) Days to the
Grantee, may review such of the Grantee’s books and records regarding the operation of the
Cable System and the provision of Cable Service in the Franchise Area which are reasonably
necessary to monitor and enforce Grantee’s compliance withthe provisions of this Franchise.
Grantee shall provide such requested information as soon as possible and in no event more than
thirty (30) Days unless Grantee explains that it is not feasible to meet this timeline and provides
a written explanation for the delay and an estimated reasonable date for when such information
will be provided. All such documents pertaining to financial matters that may be the subject of
an inspection by the City shall be retained by the Grantee for a minimum period of seven (7)
years, pursuant to Minn. Stat. § 541.05. The Grantee shall not deny the City access to any of the
Grantee’s records on the basis that the Grantee’s records are under the control of any parent
corporation, Affiliated entity or a third party. The City may request in writing copies of any such
records or books that are reasonably necessary, and the Grantee shall provide such copies within
thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required
under this or any other section shall be furnished to the City at the sole expense of the Grantee.
If the requested books and records are too voluminous, or for security reasons cannot be copied
or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such
request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices
more convenient to City or its duly authorized agent. If any books or records of the Grantee are
not kept in such office and not made available in copies to the City upon written request as set
forth above, and if the City determines that an examination of such records is necessary for the
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enforcement of this Franchise, then all reasonable travel expenses incurred in making such
examination shall be paid by the Grantee.
16.3 Review of Record Keeping Methodology. Upon request, Grantee agrees to meet
with a representative of the City to review its methodology of record-keeping, financial
reporting, computing Franchise Fee obligations, and other procedures the understanding of
which the City deems necessary for understanding the meaning of reports and records.
16.4 Audit of Records. The City or its authorized agent may at any time and at the
City’s own expense conduct an independent audit of the revenues of Grantee in order to verify
the accuracy of Franchise Fees paid to the City. Grantee and each parent company of Grantee
shall cooperate fully in the conduct of such audit. In the event it is determined through such
audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than
was due the City, then Grantee shall reimburse the City for the entire cost of the audit within
thirty (30) days of the completion and acceptance of the audit by the City.
16.5 Records to be reviewed. The City agrees to request access to only those books and
records, in exercising its rights under this section, which it deems reasonably necessary for the
enforcement and administration of the Franchise.
16.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify,
defend and hold harmless the City, and in their capacity as such, the officers and employees
thereof, from and against any and all claims, suits, actions, liability and judgments for damage or
otherwise except those arising wholly from negligence on the part of the City or its employees;
for actual or alleged injury to persons or property, including loss of use of property due to an
occurrence, whether or not such property is physically damaged or destroyed, in any way arising
out of or through or alleged to arise out of or through the acts or omissions of Grantee or its
officers, agents, employees, or contractors or to which Grantee’s or its officers, agents,
employees or contractors acts or omissions in any way contribute, and whether or not such acts
or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out
of. or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy,
defamation of any Person, firm or corporation, or the violation of infringement of any copyright,
trademark, trade name, service mark or patent, or of any other right of any Person, firm or
corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the
provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its
officers, or its employees from participating in the defense of any litigation by their own counsel
at such parties’ expense. Such participation shall not under any circumstances relieve Grantee
from its duty of defense against liability or of paying any judgment entered against the City, its
officers, or its employees.
16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense
take out and maintain during the term of this Franchise public liability insurance with a company
licensed to do business in the state of Minnesota with a rating by A.M. Best & Co. of not less
than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and
agents from claims which may arise from operations under this Franchise, whether such
operations be by the Grantee, its officials, officers, directors, employees and agents or any
subcontractors of Grantee. This liability insurance shall include, but shall not be limited to,
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protection against claims arising from bodily and personal injury and damage to property,
resulting from Grantee’s vehicles, products and operations. The amount of insurance for single
limit coverage applying to bodily and personal injury and property damage shall not be less than
Three Million Dollars ($3,000,000). The liability policy shall include:
(a) The policy shall provide coverage on an “occurrence” basis.
(b) The policy shall cover personal injury as well as bodily injury.
(c) The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier’s standard
endorsement as to bodily injuries, personal injuries and property damage.
(d) Broad form property damage liability shall be afforded.
(e) City shall be named as an additional insured on the policy.
(f)An endorsement shall be provided which states that the coverage is
primary insurance with respect to claims arising from Grantee’s operations under this
Franchise and that no other insurance maintained by the Citywill be called upon to
contribute to a loss under this coverage.
(g) Standard form of cross-liability shall be afforded.
(h) An endorsement stating that the policy shall not be canceled without thirty
(30) Days notice of such cancellation given to City.
(i) City reserves the right to adjust the insurance limit coverage requirements
of this Franchise no more than once every three (3) years. Any such adjustment by City
will be no greater than the increase in the State of Minnesota Consumer Price Index (all
consumers) for such three (3) year period.
(j) Upon the Effective Date, Grantee shall submit to City a certificate
documenting the required insurance, as well as any necessary properly executed
endorsements. The certificate and documents evidencing insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Grantee has complied with
all insurance requirements. Renewal certificates shall be provided to City prior to the
expiration date of any of the required policies. City will not be obligated, however, to
review such endorsements or certificates or other evidence of insurance, or to advise
Grantee of any deficiencies in such documents and receipt thereof shall not relieve
Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph or to require further documentation reasonably necessary to form an
opinion regarding the adequacy of Grantee’s insurance coverage.
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SECTION 17 MISCELLANEOUS PROVISIONS
17.1 Posting and Publication. Grantee shall assume the cost of posting and publication
of this Franchise as such posting and publication is required by law and such is payable upon
Grantee’s filing of acceptance of this Franchise.
17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise
voluntarily in order to secure and in consideration of the grant from the City of a ten (10) year
Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by
Grantee.
17.3 Entire Agreement. This Franchise contains the entire agreement between the
parties, supersedes all prior agreements or proposals except as specifically set forth herein, and
cannot be changed orally but only by an instrument in writing executed by the parties. This
Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended
to comply with all requirements set forth therein.
17.4 Consent. Wherever the consent or approval of either Grantee or the City is
specifically required in this agreement, such consent or approval shall not be unreasonably
withheld.
17.5 Prior Franchise Terminated. The cable television franchise originally granted by
Ordinance \[X\] is hereby terminated.
17.6 Franchise Acceptance. No later than 45 Days following City Council approval of
this Franchise, Grantee shall execute and return to the City three (3) original franchise
agreements. The executed agreements shall be returned to the City accompanied by performance
bonds, security funds, and evidence of insurance, all as provided in this Franchise. In the event
Grantee fails to accept this Franchise, or fails to provide the required documents, this Franchise
shall be null and void. The Grantee agrees that despite the fact that its written acceptance may
occur after the Effective Date, the obligations of this Franchise shall become effective on the
Effective Date.
17.7 Amendment of Franchise. Grantee and City may agree, from time to time, to
amend this Franchise. Such written amendments may be made to address technology changes or
advances subsequent to a review session pursuant to Section 2.6 or at any other time if City and
Grantee agree that such an amendment will be in the public interest or if such an amendment is
required due to changes in federal, state or local laws; provided, however, nothing herein shall
restrict City’s exercise of its police powers.
17.8 Notice. Any notification that requires a response or action from a party to this
Franchise, within a specific time-frame or would trigger a timeline that would affect one or both
parties’ rights under this franchise, shall be made in writing and shall be sufficiently given and
served upon the other party by hand delivery, first class mail, registered or certified, return
receipt requested, postage prepaid, or by reputable overnight courier service and addressed as
follows:
To the City: City of Maplewood
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Attention: City Manager
1830 County Road B East
Maplewood,MN 55109-2702
To the Grantee: Comcast Regional Vice President of Operations
10 River Park Place
St. Paul, MN 55107
Recognizing the widespread usage and acceptance of electronic forms of communication,
emails and faxes will be acceptable as formal notification related to the conduct of general
business amongst the parties to this contract, including but not limited to programming and price
adjustment communications. Such communication should be addressed and directed to the
Person of record as specified above.
17.9 Force Majeure. In the event that either party is prevented or delayed in the
performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire,
hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot,
vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public
easements, sabotage, acts or omissions of the other party, or any other similar event beyond the
reasonable control of that party, it shall have a reasonable time under the circumstances to
perform such obligation under this Franchise, or to procure a substitute for such obligation to the
reasonable satisfaction of the other party.
17.10 Work of Contractors and Subcontractors. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if the work were
performed by Grantee. Grantee shall be responsible for all work performed by its contractors
and subcontractors, and others performing work on its behalf as if the work were performed by it
and shall ensure that all such work is performed in compliance with this Franchise, the City Code
and other Applicable Law, and shall be jointly and severally liable for all damages and correcting
all damage caused by them. It is Grantee’s responsibility to ensure that contractors,
subcontractors or other Persons performing work on Grantee’s behalf are familiar with the
requirements of this Franchise, the City Code and other Applicable Laws governing the work
performed by them.
17.11 Abandonment of System. Grantee may not abandon the System or any portion
thereof during the Term of this Franchise, and thereafter without having first given three (3)
months written notice to City and conforming to the City Code, as well as the state right-of-way
rules, Minn. Rules, Chapter 7819. To the extent required by Minn. Stat. § 238.084, Subd. 1 (w),
Grantee shall compensate City for damages resulting from the abandonment.
17.12 Removal After Abandonment. In the event of Grantee’s abandonment of the
System, City shall have the right to require Grantee to conform to Section 405 of the City Code,
as well as the state right-of-way rules, Minn. Rules, Chapter 7819. If Grantee has failed to
commence removal of System, or such part thereof as was designated by City, within thirty (30)
days after written notice of City’s demand for removal consistent with Section 405 of the City
Code and Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal
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within twelve (12) months after written notice of City’s demand for removal is given City shall
have the right to apply funds secured by the Performance Bond toward removal and/or declare
all right, title, and interest to the System to be in City with all rights of ownership including, but
not limited to, the right to operate the System or transfer the System to another for operation by
it.
17.13 Governing Law. This Franchise shall be deemed to be executed in the State of
Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and
construed in accordance with, the laws of the State of Minnesota, as applicable to contracts
entered into and performed entirely within the State.
17.14 Nonenforcement by City. Grantee shall not be relieved of its obligation to
comply with any of the provisions of this Franchise by reason of any failure of the City or to
enforce prompt compliance.
17.15 Captions. The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in any way the meaning of
interpretation of this Franchise.
17.16 Calculation of Time. Where the performance or doing of any act, duty, matter,
payment or thing is required hereunder and the period of time or duration for the performance is
prescribed and fixed herein, the time shall be computed so as to exclude the first and include the
last Day of the prescribed or fixed period or duration of time. When the last Day of the period
falls on Saturday, Sunday or a legal holiday, that Day shall be omitted from the computation and
the next business Day shall be the last Day of the period.
17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee
shall no longer have the right to occupy the Streets for the purpose of providing Cable Service.
However, Grantee’s obligations to the City (other than the obligation to provide service to
Subscribers) shall survive according to their terms.
17.18 Competitive Equity.
(a) The Grantee acknowledges and agrees that the City is authorized to grant one (1)
or more additional franchises or other similar lawful authorization to utilize the Rights-of-Way in
order to provide Cable Services or similar video programming service within the City, and that
the City has previously issued an additional franchise to another provider to provide Cable
Services in the City. If, after the Effective Date of this Franchise, the City grants such an
additional franchise or other similar lawful authorization to utilize the Rights-of-Way for Cable
Services or similar video programming services containing material terms and conditions that
differ from Grantee’s material obligations under this Franchise, or declines to require such
franchise or other similar lawful authorization where it has the legal authority to do so, then the
Grantee may provide written notice to the City as provided in Section 17.18(b) below. “Material
terms and conditions” include, but are not limited to: Franchise Fees and Gross Revenues;
complementary services; insurance; System build-out requirements; security instruments; Public,
Education and Government Access Channels and support; customer service standards; required
reports and related record keeping; competitive equity (or its equivalent); audits; dispute
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resolution; remedies; and notice and opportunity to cure breaches.
(b) The Grantee’s notice shall address the following: (1) identify the specific terms or
conditions in the competitive cable services franchise that are materially different from Grantee’s
obligations under this Franchise; (2) identify the Franchise terms and conditions for which
Grantee is seeking amendments; (3) provide text for any proposed Franchise amendments to the
City, with a written explanation of why the proposed amendments are necessary and consistent.
(c) Upon receipt of Grantee’s written notice as provided in Section 17.18(b), the City
shall ensure that material terms and conditions of both franchises are materially equivalent
pursuant to the processes set forth herein. The City and Grantee agree that they will use best
efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such
negotiation will proceed and conclude within a ninety (90) day time period, unless that time
period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach
agreement on the Franchise modifications pursuant to such negotiations, then the City shall
amend this Franchise to include the modifications.
(d) If the Franchise modification negotiations as provided for in Section 17.18(c) do
not result in mutual agreement , Grantee may, at its option, elect to replace this Franchise by
opting into the franchise or other similar lawful authorization that the City grants to another
multi-channel video programming provider, with the understanding that Grantee may use its
current system design and technology infrastructure to meet any requirements of the new
franchise, so as to insure that the regulatory and financial burdens on each entity are equivalent.
If Grantee so elects, the City shall immediately commence proceedings to replace this Franchise
with the franchise issued to the other multi-channel video programming provider.
(e) Notwithstanding anything contained in this Section 17.18 (a) through (d) to the
contrary, the City shall not be obligated to amend or replace this Franchise unless the new
entrant makes Cable Services or similar video programming services available for purchase by
Subscribers or customers under its franchise agreement with the City.
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Passed and adopted this_____ day of _________2019.
ATTEST CITY OF MAPLEWOOD , MINNESOTA
By: By:
Its: City ClerkIts: Mayor
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.
COMCAST OF ST. PAUL, INC.
Date: By:
Its:
SWORN TO BEFORE ME this
___ day of ___________, 2019.
NOTARY PUBLIC
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Exhibit A
Complimentary Cable Service to Public Buildings
y Hall
Cit
1830 County Road B East
Nature Center
2659 East 7th Street
Fire Station 2
1955 Clarence Street
Fire Station 3
1530 County Road C East
Fire Station
600 McKnight Road
Carver Elementary School
2680 Upper Afton Road
Edgerton Elementary School
1929 Edgerton Street
Weaver Elementary
2135 Birmingham St
John Glen Middle School
2410 Holloway Ave E
St. Jerome School
380 Roselawn Ave E
Hi
ll Murray High School
2625 Larpenteur Ave.
Gladstone Community Center
1945 Manton St
Public Works
1902 County Road B
Park Maintenance Building
1810 County Road B
A-1
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Exhibit B
Fiber Return Lines
City Hall, 1830 County Road B East to Comcast Hub
Carver Elementary School , 2680 Upper Afton Road to Comcast Oakdale Hub
Edgerton Elementary School, 1929 Edgerton Street to Comcast Oakdale Hub.
A-2
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Exhibit C
Franchise Fee Payment Worksheet
TRADE SECRET – CONFIDENTIAL
Month/YearMonth/YearMonth/YearTotal
A la Carte Video Services
Audio Services
Basic Cable Service
Installation Charge
Bulk Revenue
Expanded Basic Cable
Service
Pay Service
Pay-per-view
Guide Revenue
Franchise Fee Revenue
Advertising Revenue
Home Shopping Revenue
Digital Services
Inside Wiring
Other Revenue
Equipment Rental
Processing Fees
PEG Fee
FCC Fees
Bad Debt
Late Fees
REVENUE
Fee Calculated
Fee Factor: 5%
B-1
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RESOLUTION NO. ________
APPROVING SUMMARY PUBLICATION
OF CABLE TELEVISION FRANCHISE
ORDINANCE NO. ________
WHEREAS, the City Council for the City ofMaplewood, Minnesota, enacted a lengthy
ordinance granting a 10-year renewal of the cable franchise issued to Comcast of St. Paul, Inc.
(“Comcast”), and;
WHEREAS, the franchise ordinance authorizes Comcast to operate a cable system and
deliver cable services in the City, and;
WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City Council
has determined that publication of the title and summary of the franchise ordinance will clearly inform
the public of the intent and effect thereof; and
WHEREAS, a printed copy of the franchise ordinance is available for inspection during
regular office hours in the office of the city clerk.
NOW THEREFORE, BE IT RESOLVED that the following summary of the ordinance is
approved for publication:
ORDINANCE NO. ________
AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF ST.
PAUL, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF
MAPLEWOOD,MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND
ADMINISTRATION OF THE CABLE SYSTEM; TERMINATING PRIOR FRANCHISE
By Order of the City of Maplewood, Minnesota:
By By
Its Mayor Its City Manager
Packet Page Number 165 of 300
For the permanent record
Meeting Date: 05/13/2019
Agenda Item: J1
470 US Bank Plaza
200 South Sixth Street
Kennedy
Minneapolis MN 55402
&
Robert J.V. Vose
(612) 337-9275 telephone
Graven
(612) 337-9310 fax
rvose@kennedy-graven.com
C H A R T E R E D
MEMORANDUM
DATE:May 8, 2019
TO: City of Maplewood
FROM: Bob Vose
RE: Proposed Cable Franchise
Staff and I have completed negotiation of a renewed franchise with Comcast. The termsthat
have been negotiatedare outlined in the staff report and summary. As indicated, our
negotiations have produced a proposed agreement that largely meets the needs and interests
identified by the City for purposes of establishing our bargaining positions. The terms
negotiatedarealso favorable relative to other metro area franchise renewals recently completed
with Comcast.
This memo highlights a few significant issues:
Financial Arrangements(Franchise and PEG Fees)
As noted in the staff report, the franchise will continue to require payment of a franchise fee
calculated as 5% of Comcast’s “Gross Revenues,” asdefined. However, we have negotiated
several important improvements to this arrangement. First, the prior franchise excluded certain
revenues which lawfully could have been, and typically are,subject to franchise fees--for
example, advertising revenues. We have corrected the definition of “Gross Revenues” to ensure
that the City is paid a full 5% fee. Comcast estimates the financial impact of this change would
initially be an increase of just under $30,000 annually (comparing 2018 to 2019).
In addition, the franchise will now expressly address how the discount Comcast offers on
bundled services (i.e. cable services packagedwith internet and/or phone) must be allocated.
This will ensure that the discount is not inequitably applied to cable revenues subject to the
franchise fee. Also, any delinquent franchise fees are now subject to interest and the City’s right
to audit payments has been bolstered.
Finally, the franchise sets PEG support at 2% of Comcast’s revenues. Thiswill, staff believes,
produce sufficient funding for continued strong programming while also reducing the fees paid
by Subscribers.
For the permanent record
Meeting Date: 05/13/2019
Agenda Item: J1
PEG Channels.
We have negotiated a right for the City to utilize 3PEG channels going forward. The fact that
the City will use fewer channels than the cable commission previously controlled allowed
Comcast to agree that some of the newly released capacity would be made available to the City
to simulcast PEG channels in SD and HD. Accordingly, the City may require that 1channel be
cablecast in both SD and HD now, with aright to require a second SD/HD channel within one
year. In addition, thePEG channels will be identified on Comcast’selectronic on-screen guide
in same fashion as commercial channels.
Competition Language
Since 2015 when CenturyLink began pursuing cable franchises in the Mpls/St. Paul metro,
Comcast has been seeking to negotiate language in franchise renewals to provide protection from
competitive franchise terms it views asunfair or unfavorable. The protection Comcast seeks
would be over-and-above a “level playing field” requirement contained in Minnesota state law.
Comcast’s proposed language has evolved and the rights it seeks have significantly expanded in
the past year. In our negotiations, Comcast sought to include the right to either terminate its
franchise if a competitor’s franchise is viewed as more favorable and corresponding
modifications to Comcast’s franchise could not be negotiated, or the right to opt in to the
competitor’s franchise. While such accommodations seem unworkable, several metro-area
franchising authorities have recently accepted this type of language.
We negotiated revisions to Comcast’s preferred language to ensure it cannot be applied
retroactively to the CenturyLink franchise. We have also made revisions to ensure Comcast
cannot seek such accommodations if the City did not require a franchise from an operatorthat is
not lawfullysubject to municipal franchising. So, for example, Comcast’s rights would not
apply toa wirelessly-delivered video service. With these modifications, and with the
understanding that the City Council would not be inclined to grant materially favorable rights to
a future, theoretical competitor to Comcast, we believe the requested protections can be
accepted.
CONCLUSION
Because the franchise terms that have been negotiated both address the issues identified by the
City Council and are favorable in relation to other franchises recently negotiated in this market,
we recommend approval.
J2
CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
Melinda Coleman, City Manager
REPORT TO:
REPORT FROM:Shann Finwall, AICP, Environmental Planner
PRESENTER:Shann Finwall, AICP, Environmental Planner
Authorize the Release of a Request for Proposal for Residential Curbside
AGENDA ITEM:
Trash and Recycling
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The City’s residential trash and recycling contracts end December 31, 2019. The City Council
directed City staff to draft a Request for Proposals (RFP) for new trash and recycling contracts.A
competitive RFP process will allow the City to compare prices directly between respondents, allow
for new or improved services, andprovide an opportunity for the City to bundle its trash and
recycling contracts if that alternative provides the highest value to Maplewood residents.
Recommended Action:
Approve the resolution authorizing the release of a Request for Proposals for Residential Curbside
Trash and Recycling.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The City’s trash and recycling programs create operational effectiveness by protecting the public
health and safety, and promoting city cleanliness and livability. They are also an important
component to the City’s green infrastructure - which purpose is to achieve a reduction in waste
generated by using best management practices to protect air quality, water quality, and natural
resources.
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Background
Maplewood Solid Waste History
Trash Hauling
Maplewood organized its trash collection system in 2011 when it entered into a contract with
Republic Services, with service beginning 2012. Prior to that the City had an open-hauling system
whereresidents could select from any licensed trash hauler. The City had nine-residentially
licensed haulers at that time.
The contract with Republic Services is for city-wide curbside trash and yard waste collection for
single family residential homes withfour or less units. Manufactured homes and townhomes can
opt into the trash program.The city supplies the carts in four sizes and Republic Services manages
the carts. Republic Services does the billing with current rates ranging from $9.79 to $14.66 per
month depending on cart size (prices include all taxes and a $.75 cart fee). The contract will end
December 31, 2019.
Recycling
Maplewoodhas had an organized residential recycling system for over 20 years. Currently the City
contracts with Tennis Sanitation for curbside single-sort recycling collection for single family
residential homes (including townhomes and manufactured homes) and centralized collection at
multi-familyhomes (apartments). Churches and small businesses can opt into the program.
Tennis Sanitation supplies the carts in three sizes to single-family, townhomes, and manufactured
homes and 95 gallon carts to multi-family homes. Tennis Sanitation charges the City $2.86 per
household per month. The City adds the recycling fee to residential water billsat a rate of $3.54
per household per monthto cover the cost of the City’s recycling program.
Ramsey County Support
Ramsey County has offered the City of Maplewood technical support through their Public Entities
Solid Waste Technical Assistance Program. Foth Infrastructure and Environment, the County’s
solid waste consultants, has drafted the RFP and will assist the City with the financial review of the
proposals.
Request for Proposals
Following is an outline of the draft RFP:
1.RFP Packet: The RFP packet contains the RFP body, forms and attachments. Attachment A is
a draft Trash Contract and Attachment B is a draft Recycling Contract. These draft Contracts
contain the new, detailed service standards, terms and conditions.
2.Alternates: Respondents to the RFP will have the choice to propose on any alternate or
combination of alternates.
a.Alternate 1 – Bundled Trash and Recycling
b.Alternate 2 – Trash only
c.Alternate 3 – Recycling only
3.Term of Contract(s): The proposed term of the new Contract(s) is for five and one-half years
beginning operations on January 1, 2020and ending June 31, 2025, with extension possible.
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4.Responsibilities of the City and Contractor:
a.Trash Collection:
1)Trash Contractorwould continue to do the billing and most administrative customer
services related to residents’ orders.
2)The current Trash service levels would be continued: 20-gallon/every other week; 20-
gallon every week; 35-gallon/every week; 65-gallon/every week; and 95-gallon/every
week.
3)The City will continue to own the Trash carts, but all Trash cart management services
would continue to be handled by the Trash Contractor.
4)All Trash will continue to be hauled to the Recycling & Energy Center (R&E Center) at
Newport.
5)The Trash Contractor would pay for Trash disposal and taxes. These costs would
continue to be itemized on residents’ bills as separate from Trash collection charges.
6)Yard Waste collection service would remain an option for residents and charged by the
Trash Contractor on a subscription basis. Yard Waste could either be an annual
subscription or on an on-call, “pay per bag” basis.Yard Waste carts would continue to
be owned by the Trash Contractor.
7)Bulky Waste collection service would remain an option for residents and charged by the
Trash Contractor on a “per item” basis.
b.Recycling Collection:
1)The City may continue to arrange for Recycling costs to be billed to residents through a
partnership agreement with the Saint Paul RegionalWater Services utility bills, or
alternatively the Recycling Contractor can do the billing for Recycling services.
2)The Recycling Contractor would continue to take calls directly from residents for most of
the questions about Recycling operations. Most Recycling billing questions would
continue to be handled by City staffunless the Recycling Contractor takes on that
responsibility.
3)Weekly curbside Recycling would continue similar to current operations using Recycling
carts collecting recyclables in single-stream form.
4)The Recycling Contractor would arrange for processing/marketing of all recyclables; take
all of the risk of recyclables market price fluctuations; and retain all revenue from
recyclables sales (or pay the processing charges). All recycling costs wouldbe reflected
in the Recycling Contract price.
5)Recycling will continue to be charged per household per month.
5.Proposed changes under the new Contract(s) are summarized as follows:
a.Trash Collection
1)The City would formalize the fall Clean UpCampaign into a standardized service as part
of the Trash Contract, including significant discounts to residents compared to the
regular “price per item” for Bulky Item collections during other months of the year.
2)City buildings and park facilities would receive Trash and Recyclables collection services
under the new Trash/Recycling Contract(s). \[Note: Currently, City facilities are served
under a separate, stand-alone Trash contract.\]
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3)The Contract(s) will have new Contractor performance standards and liquidated
damages to help continuously improve the accuracy of information and responsiveness
provided by the Contractor’s customer service call center staff.
4)The City would include a phased in plan for implementing a new “Pay As You Throw”
(PAYT) Trash pricing schedule for single-family dwellings. The RFP would specify how
the PAYT price increments between Trash cart sizes would continuously increase on an
annual basis.
5)The current Trash/Recycling collection zones and collection days of the week (Monday
through Friday) would probably remain the same under the new Contract(s). However,
RFP Respondents will have the option to propose changes to the collection zone map
and collection days schedule to Monday through Thursday if this option will provide
better value to City residents.
6)The City would develop a long-range, capital fund plan to help pay for Trash and
Recycling cart replacements, parts and repairs.
7)Planning for curbside organics collection would continue with the Trash Contractor.
Details and prices for any new curbside organics collection service would be negotiated
based on the proposed new organics recycling system put in place by the Recycling &
Energy Board (R&E Board). \[Note: The organics recycling drop-off system from City
facilities would continue as a separate project with collection services managed and paid
for by Ramsey County.\]
b.Recycling Collection
1)The City will own the Recycling Carts, with all Recycling cart management services the
responsibility of the Recycling Contractor.
2)RFP Respondents would have the option to propose to do the billing for Recycling
services instead of the City arranging for this billing through the Saint Paul Regional
Water Services utility bill.The City would still set the final recycling rate to be charged to
residents, with additional revenues transferred back to the City.
3)City-contracted Recycling service would be extended to more small businesses and
charitable organizations.
4)More multi-family properties would be serviced using Recycling dumpsters instead of
Recycling carts.
Trash Carts
The City purchased 10,330 trash carts in 2012 for the new organized trash hauling system. The
trash carts have a ten-year warranty, and could be used for 20 years. Thetotal cost was $404,876,
which was financed through a seven-year utility bond. The City charges residents $.75 per
household per month on their trash bill to cover the cost of the trash cartutility bond. The final
payment for the trash cart utility bond will be made later this year. City staff will be developing a
cash flow plan for replacement trash carts and a financial management plan to determine the rate of
future trash cart fees under the new contract.
Recycling Carts
The City may use its recycling reserve fund as one option to pay for the costs of new recycling
carts. The cost estimate for thepurchase of new recycling carts is $660,000 for all single family
residential homes (12,000 x an estimated $55 per recycling cart). There are 4,206 multi-family units
included in the City’s recycling program. However, there are not 4,206 recycling carts in use at
these developments. For this reason, and the fact that the City will review options for collecting
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multi-family recycling in recycling dumpsters, the cost for multi-family carts/dumpsters needs
additional analysis. The City is in the process of applying for a Ramsey County Recycling Cart
Grant that will hopefully pay for 50 percent of the costs of new Recycling carts, or approximately
$330,000 plus one-half the cost of multi-family carts/dumpsters.
Proposal Review Committee
TheProposal Review Committee includes two City Councilmembers (Councilmembers Juenemann
and Knutson), three Environmental and Natural Resources Commissioners (Commissioners Palzer,
Miller, and Sinn), two City staff and one County staff. Foth Infrastructure and Environment will
complete a cost analysis of the proposals. The City’s objective is to enhance the value of the
overall package of services without increasing pricescharged to residents if possible. The following
evaluation criteria will be used:
1.Economics
2.Proposal content and overall responsiveness
3.Aesthetics
4.Safety
5.Education
6.Environmental
7.Qualifications
Next Steps
TheCity Council will authorize the release of theRFP during the May 13, 2019, City Council
meeting with or without amendments. Once the final RFP is complete, the following steps will be
taken to secure future trash and recycling contracts:
May 20, 2019: City Releases RFP
May 23, 2019: Pre-Proposal Meeting
May 29, 2019: Questions from Respondents Due
May 29, 2019: Notification of Intent to Submit RFP
June 3, 2019: Addendum Released (if needed)
June 17, 2019: Proposals Due
June 24, 2019: Respondent Interviews (if needed)
July8, 2019: Proposal Review Team Completes Reviews and Rankings
July 22, 2019: City Council Approves Proposal Rankings
August 5, 2019: Draft Contract Complete
August 12, 2019: City Council Authorizes Execution of Final Contract
December 2019: New Recycling Cart Roll Out
January 1, 2020: New Contract Service Begins
Attachments
1.Resolution Authorizing the Release of Request for Proposals for Residential Curbside Trash
and Recycling
2.Maplewood Request for Proposals for Trash and Recycling Collection Services
Packet Page Number 170 of 300
J2, Attachment 1
RESOLUTION
APPROVING REQUEST FOR PROPOSALS (RFP)
FOR RESIDENTIAL CURBSIDE TRASH AND RECYCLING
WHEREAS, the city’s current curbside trash and recycling contracts end December 31,
2019; and
WHEREAS, the citycouncil authorized city staff to draft a request for proposals (RFP)
for new residential curbside trash and recycling during the February 25, 2019, city council
workshop; and
WHEREAS, a request for proposals (RFP) for residential curbside trash and recycling
has been prepared by Foth Infrastructure and Environment, Ramsey County’s solid waste
consultants,under the direction of city and county staff; and
WHEREAS, city staff have reported back tothecity council with an informational update
onthedraft RFP on April 22, 2019; and
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1.The RFP, a copy of which isattached hereto and made a part hereof, ishereby
approved and ordered placed on file in the office of the city clerk.
2.The city clerk shall prepareand cause to be inserted in the Maplewood Review
an advertisement officially announcingthe request for proposals. The advertisementshall be
published at least twenty-one days before the date set for proposal to be submitted; shall
summarize the work tobe done;shall state that only the company names on proposals
submitted will be announced at the date of opening; andshall state that all other contents of
proposals submitted will be held confidential until such time as the city fully executes a contract
or elects to discontinuethe trash and recycling contracting process pursuant to Minnesota
Statute 13.591 subp 3(b).
3.The city clerk and city environmental planner are hereby authorized and
instructed to receive, openand file the proposals received.
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J2, Attachment 2
City of Maplewood, Minnesota
Request for Proposals (RFP) for
Trash and Recycling Collection Services
Scheduled Release Date:
May 20, 2019
Proposal Due Date:
Monday, June 17,2019; 4 p.m.
City of Maplewood
1902 County Road B East
Maplewood, MN 55109
Packet Page Number 172 of 300
J2, Attachment 2
City of Maplewood
RFP for Trash and Recycling Collection Services
Request for Proposals for
Trash and Recycling Collection Services
Table of Contents
1 Introduction .............................................................................................................. 1
1.1 Statement of Intent and City Goals ................................................................. 1
1.2 Summary of Requested Collection Services in this RFP ................................. 1
1.3 Background Description of Current Operations ............................................ 2
1.3.1 Trash Contract .................................................................................... 2
1.3.2 Recycling Contract .............................................................................. 4
1.3.3 General Information ............................................................................ 6
2 Description of Proposal Alternates ........................................................................... 7
2.1 Alternate 1 Bundled Trash and Recycling into One Contract ....................... 7
2.2 Alternate 2 Trash Only ................................................................................. 8
2.3 Alternate 3 Recycling Only ........................................................................... 9
2.4 Service Options ............................................................................................. 10
2.4.1 Option 1 Organic Waste Recycling Service .................................. 10
2.4.2 Option 2 Contractor Undertakes the Recycling Billing (Available for
Alternate 1 Only) .............................................................................. 10
2.4.3 Option 3 Proposed Consolidation of Collection Service Areas ..... 11
2.5 Other Alternate Proposals and Service Options ............................................ 11
3 Multi-Family Dwelling Recyclables Collection Requirements ................................. 12
4 City Buildings & Parks Facilities ............................................................................. 12
5 Yard Waste ............................................................................................................ 14
6 Bulky Items ............................................................................................................ 14
7 Spring Clean Up Services ...................................................................................... 14
8 Public Education and Outreach ............................................................................. 16
9 Pollution Reduction and Environmentally Sustainable Initiatives ........................... 16
10 Annual Report of Accounts .................................................................................... 16
11 Quarterly Billing ..................................................................................................... 17
12 Term of Contract .................................................................................................... 17
13 Submitting Proposals ............................................................................................. 17
13.1 RFP Schedule ............................................................................................... 17
13.2 Notification of Intent ...................................................................................... 18
13.3 Questions ...................................................................................................... 18
13.4 City Designated Contact ............................................................................... 18
13.5 Proposals Held Confidential .......................................................................... 18
13.6 Review of Proposals ..................................................................................... 18
13.7 Negotiations .................................................................................................. 19
13.8 Award of Contract ......................................................................................... 19
ii
PW_IE\\Documents\\Clients\\Ramsey Co PH MN\\0019R001.00\\10300\\MW - 2019 RFP\\RFP- Maplewood Trash and Recycling Services
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City of Maplewood
RFP for Trash and Recycling Collection Services
13.9 New Contract ................................................................................................ 19
14 Proposals May be Rejected in Whole or Part ........................................................ 19
15 How to Submit Proposals ...................................................................................... 19
16 Proposal Content ................................................................................................... 20
16.1 Proposal Content Checklist ........................................................................... 20
16.2 References .................................................................................................... 20
16.3 Litigation ........................................................................................................ 20
16.4 Price Worksheet(s) ........................................................................................ 20
16.5 Pay As You Throw (PAYT) Future Trash Pricing Schedule .......................... 20
17 Respondents May Team with Other Companies ................................................... 21
18 RFP and Proposal to Become Part of Final Contract ............................................. 22
19 Evaluation Criteria ................................................................................................. 22
20 Standard Contract Agreement Terms and Conditions ........................................... 22
Tables
Table 1.1 City Trash Carts Deployed to Residential Single-Family Dwellings in 2018 ... 3
Table 1.2 Trash Cart Activity For Single-Family Dwellings in 2018 ................................. 4
Table 1.3 Current Lifts per Collection Zone ..................................................................... 4
Table 1.4 Estimated Recyclables Composition ............................................................... 5
Table 1.5 Single-Family and Multi-Family Dwelling Units in Maplewood Served by
Recycling ......................................................................................................... 6
Table 1.6 Single-Family Dwelling Units Served by Recycling by Service Area 2018 ...... 6
Table 15.1 Future PAYT Increments ............................................................................. 21
iii
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RFP Forms
Proposal Cover Letter
Form A Proposal Content Checklist
Form B Contractor Questionnaire (including references)
Form C Certification of Binding Signature
Form D Certification of Independent Proposal Pricing
Form E Price Worksheets
Form F Itemized Listing of Trucks and Other Collection Equipment
Form G Acceptance of Draft Contract for Services
Form H Acknowledgement of Receipt of Addenda
Form I Bulky Waste Items Price Worksheet
RFP Attachments
Attachment A Draft Trash Services Agreement
Attachment B Draft Recycling Services Agreement
Attachment C List of Multi-Family Dwelling Complexes
Attachment D
Agreement Appendices
Appendix A Definitions
Appendix B Map of Trash & Recycling Service Area
Appendix C List of Recyclable Materials
City of Maplewood
iv RFP for Trash and Recycling Collection Services
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J2, Attachment 2
1 Introduction
1.1 Statement of Intent and City Goals
The City of Maplewood is seeking Proposals from qualified companies (referred to as
) to provide curbside collection of solid waste materials from City
residents. In general terms, Trash collection services, including Yard Waste and Bulky
Items, is collected from Single-Family Dwellings up to four-plex in size. Recyclable
Materials are collected from Single-Family and most Multi-Family Dwellings.
This Request for Proposals (RFP) packet defines the service standards, specifications
and proposal requirements of the Trash and Recycling program for the City of
Maplewood, Minnesota (City). This RFP packet includes two draft contracts as
Attachment A (Draft Trash Services Agreement) and Attachment B (Draft Recycling
Services Agreement), plus all associated contract appendices. Appendix A includes the
definitions used throughout this RFP packet. Defined terms are capitalized throughout.
The goals of the City are to:
1. Provide safe and high quality Trash and Recycling collection services that are
directly responsive to the needs of Maplewood residents and enhance a sense of
community;
2. Maximize the recovery of Recyclable Materials and minimize Trash disposal in
the most cost-effective manner possible; and
3. Improve education of all City residents about Trash and Recycling services to
improve Recycling participation and recovery rates.
1.2 Summary of Requested Collection Services in this RFP
The City seeks to enter into Trash and Recycling Contract(s) with a company (or
companies) that has the qualifications, resources and ability to provide collection
services for the entire City. It is the intent of the City to accept and evaluate proposals
for Trash and Recycling services including collection, processing, and/or disposal of
Trash, Recycling, Yard Waste, and Bulky Items.
The City currently has two separate contracts: one for Trash collection services
(including separate collection services for Yard Waste and Bulky Items) and a second
for Recyclables collection. The City is releasing this RFP to solicit proposals for:
Alternate 1: Trash plus Recycling combined into one contract;
Alternate 2: Trash only as a separate contract; and/or
Alternate 3: Recycling only as a separate contract.
The City encourages Respondents to submit their best proposal (or proposals).
Proposals must be directly responsive to the minimum requirements in this RFP.
Respondents are encouraged to go beyond the minimum specified services to add
additional value to residents and/or the City.
City of Maplewood
RFP for Trash, Yard Waste and Recycling Collection Services 1
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Qualified Respondents must propose to use a standard carted, single-stream
(commingled) method of collecting Recyclable Materials from Single-Family Dwellings.
Carts and/or dumpsters should be used for Recyclable Materials collection for Multi-
Family Dwellings, depending on the unique needs of each property. Qualified
Respondents must propose to use a standard carted method of collecting Trash from
Single-Family Dwellings.
The City currently owns the Trash carts. The City intends to purchase and roll-out new
Recycling carts for single-family and multi-family curbside collection and some recycling
dumpsters for multi-family collection. The roll out of the new carts and dumpsters is
December 2019.
The City will select the proposal (or proposals) that provides the highest value to
Maplewood residents.
Respondents may submit multiple proposals addressing one, two or three of the above
RFP-defined alternates. Additional alternates may also be submitted as designed by
Respondents. Each alternate proposed must be explicitly described and have distinct,
associated pricing using a separate Proposal Price Worksheet.
The City may consider the option to offer curbside Organic Waste collection to
residents during the term of the Agreement. If these services are considered, the City
may request a detailed proposal for such services from the Contractor for consideration
and negotiation prior to implementation.
1.3 Background Description of Current Operations
The City of Maplewood currently has two separate contracts: one for Trash and a
second for Recycling.
1.3.1 Trash Contract
The City has had an organized Trash collection program since 2012. The current Trash
agreement requires the contractor to collect from Single-Family Dwellings. The current
estimate of residential Trash accounts is 9,332 Single-Family Dwellings, which includes
Trash contract.
The current Trash contract includes an optional Yard Waste service (annual
subscription or pay per bag) and Bulky Item collection (on call, pay per item). Property
owners of Multi-Family Dwellings (five units per building and above) are responsible for
arranging their own Trash, Yard Waste, and Bulky Item collection services and are not
under the current City Trash contract. Townhomes and manufactured homes can opt
2,348 townhomes and
contract, but could do so
in the future.
City of Maplewood
2 RFP for Trash and Recycling Collection Services
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Trash carts are owned by the City and were first rolled out as part of the new organized
Trash collection system in 2012. The City purchased standard, Otto Trash carts in
sized Trash cart (20-gallon) is actually a small (32-
gallon) Trash cart with a false bottom installed to reduce the capacity of the cart. All
Trash carts have already been provided by the City based on resident orders.
Currently, there are very few new Trash cart deliveries and size switches each year.
Yard Waste may be collected weekly to subscribing properties on the same day as
Trash/Recyclables collection during the Yard Waste season (April through November,
weather permitting). Approximately 1,225 Single-Family Dwellings subscribe to carted,
Yard Waste collection. The current Trash contractor provides a separate, medium (65-
gallon) Yard Waste cart to subscribing residents. As part of the current Yard Waste
subscription service, there is no additional cost for collection of up to five (5), additional
Compostable Bags of Yard Waste. If residents do not subscribe to Yard Waste service,
bagged Yard Waste must be in certified Compostable Bags only. The current Trash
contractor is required to leave behind any Yard Waste incorrectly set out in non-
compostable bags along with an education tag.
Regular (year-round) Bulky Item collection service is available only to residential Single-
Family Dwellings that have City-contracted Trash service. The Bulky Item service is not
intended to replace the need for a large roll-off for projects such as a home remodeling
project or a major property clean-up. The Trash contractor is responsible for customer
service related to residents orders for Bulky Items and must pay the tipping fee and/or
any other disposal cost. In 2018 1,515 tons of Bulky Items were collected and disposed
and approximately 5,000 pounds of appliances and/or electronics were collected.
The table below describes the number of City Trash carts by size deployed to
residential Single-Family Dwellings in 2018. (Note: This Trash cart count may not
exactly match the number of residential Single-Family Dwelling accounts due to
different reporting methods and time periods.)
Table 1.1
City Trash Carts Deployed to
Residential Single-Family Dwellings in 2018
Trash Cart Service LevelYearEndCount
20-gallon, Every Other Week (EOW) 139
20-gallon, Weekly 302
32-gallon, Weekly 978
65-gallon, Weekly 3,434
95-gallon Weekly 3,943
2 x 32-gallon, Weekly 8
2 x 65-gallon, Weekly 36
2 x 95-gallon, Weekly 360
3 x 95-gallon, Weekly 144
City of Maplewood
RFP for Trash, Yard Waste and Recycling Collection Services 3
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Trash Cart Service LevelYearEndCount
4 x 95-gallon, Weekly 160
5 x 95-gallon, Weekly 275
Trash carts in use9,779
The current Trash contractor handles all Trash cart management and operations
including the number of services listed in the table below for Single-Family Dwellings in
2018.
Table 1.2
Trash Cart Activity
For Single-Family Dwellings in 2018
Trash Cart ActivityAnnual Total
Volume switches 250
Replacement or repair 1,629
Removal 702
Delivery 513
Remove Yard Waste cart 231
Add Yard Waste cart 378
Total Activity3,703
The current Trash contractor reports the following number of lifts per collection zone.
(Note: This Trash cart count may not exactly match the number of residential Single-
Family Dwelling accounts due to different reporting methods and time periods.)
Table 1.3
Current Lifts per Collection Zone
Number of Lifts
Zone Dayper Zone
Monday 2,393
Tuesday 1,843
Wednesday 1,516
Thursday 1,516
Friday 1,912
1.3.2 Recycling Contract
or serves 11,680 Single Family Dwelling accounts,
which includes townhomes and manufactured homes that can be collected curbside.
Additionally, there are 4,182 Multi-Family Dwelling accounts that are collected at
centralized areas of a Multi-Family building. Multi-Family Dwellings are allowed to
supply their own Recycling service per the Solid Waste Ordinance. The City
intends to amend the ordinance to require that all Multiple-Family Dwellings have
RFP Attachment C \[IN PROGRESS\]
contains the current list of Multiple-Family Dwellings addresses with City-contracted
City of Maplewood
4 RFP for Trash and Recycling Collection Services
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Recycling service. This list is based on the best available data available to the City and
may change from time-to-time.
27 small businesses and churches have
The City employs a single-stream Recycling program for the collection of all Recyclable
Materials (except for Textiles). The list of Recyclable Materials is itemized in the
Agreement Appendix C.
participation for the year of 93 percent.
In 2018 t
derived from an annual materials analysis for the facilities recycling stream as a whole:
Table 1.4
Estimated Recyclables Composition
(Derived from an annual materials analysis for the
MRF based on all Recyclables)
Percent
Typeof TotalDescription
Cardboard 25.4% Includes all cardboard boxes.
Paper: 42.3% Includes cardboard, paper, newspaper and junk mail
Scrap metal 1.7% Metal pans and misc. metal
Large Plastic 0.5% Toys; patio furniture and large containers
Z-Bale Plastic 2.4% Food and beverage containers
PET Plastic 3.4% Food and beverage containers
Tin: 1.5% includes all bi-metal and tin cans
Glass: 18.0% Includes all clear, brown and green colors
Aluminum 1.6% Includes all aluminum cans
Linens 1.0% Reusable clothes and shoes
Milk Cartons: 0.3% Beverage cartons
Residuals (trash) 1.9% Includes all residuals and trash
Currently the Recycling contractor owns the Recycling carts. The default size provided
to residents is a large (95-gallon) Recycling cart. Residents in Single-Family Dwelling
Units may request additional Recycling carts without additional charge to residents.
Currently, there are very few new Recycling cart deliveries and switches each year.
The City currently coordinates the billing for Recycling through the Saint Paul Regional
Water Services, the water utility agency for Maplewood. (Note: The City is encouraging
Respondents proposing Alternate 1 (Bundled Trash and Recycling) to propose taking
over the billing administration for Recycling as an option.)
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1.3.3 General Information
31, 2019. Both the Trash and Recyclables are collected weekly from Single-Family
Dwellings, on the same day, currently Monday through Friday. Recyclables collection
from Multiple-Family Dwellings is on a weekly schedule using Recycling carts. The City
is divided into five zones (Service Areas) which correspond to each of the five days that
Trash and Recyclables collections are provided.
In 2018, approximately 8,229 tons of Trash, 554 tons of Yard Waste, 1,515 tons of
Bulky Items and 2,979 tons of Recyclable Materials were collected from Maplewood
residents residing in Single-Family Dwellings. About 313 tons of Recyclable Materials
were collected from Multi-Family Dwellings as reported to the City.
-Family and Multi-
Family Dwelling units in Maplewood served. (Note: These dwelling unit counts may not
exactly match the number of residential Single-Family Dwelling accounts due to
different reporting methods and time periods.)
Table 1.5
Single-Family and Multi-Family Dwelling Units in Maplewood Served by Recycling
Collection
Housing Unit TypeContainer TypeNumber of Units
Single-Family Dwellings
(a)
Carts 11,680
(Both Trash and Recycling service)
Multi-Family Dwellings
(b)
Carts 4,292
(Recycling service only)
TotalNumber of Dwelling Units15,972
Note:
a. Single-Family Dwellings = Household count under current Trash and Recycling contracts.
b. Multi-Family Dwellings = Count under current Recycling contract
The following table itemizes the number of Single-Family Dwelling units by Service Area
Service
Area may not exactly match the number of residential Single-Family Dwelling accounts
from the current contractors due to different reporting methods and time periods.)
Table 1.6
Single-Family Dwelling Units Served by Recycling by Service Area
2018
Collection Day Number of Single-Family
Service AreaDwellingUnits
Monday 2,934
Tuesday 1,562
Wednesday 2,667
Thursday 1,856
Friday 2,662
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TOTAL11,680
The map of the scheduled Trash/Recycling days, by Service Area, can be
found in Agreement Appendix B (Map of Trash and Recycling Service Areas).
The current Trash contractor provides the billing and nearly all related customer
services for the Trash, Yard Waste, and Bulky Item collection operations. The City
currently manages the billing for Recycling services with most of the customer service
calls being handled by the Recycling contractor.
2 Description of Proposal Alternates
The City is seeking proposals for three system Alternates. Respondents may propose
on one, two or all three Alternates, but separate price worksheets must be submitted
with each Alternate proposed. The following are summaries of the system Alternates;
detailed service standards are in Attachment A (Draft Trash Services Agreement) and
Attachment B (Draft Recycling Services Agreement).
2.1 Alternate 1 Bundled Trash and Recycling into One Contract
Alternate 1 identified by the City for purposes of this RFP is a bundled Trash and
Recycling contract.
shall mean collection of Trash, Yard Waste and Bulky Items.)
The Contractor must undertake the billing and customer service requirements for Trash,
Yard Waste and Bulky Item services. The Contractor shall be responsible for billing
residents for the State Solid Waste Management Tax and the County Environmental
Charge and then to submit these fees to the appropriate agency.
The City is encouraging Respondents to propose an option to take on the Recycling
billing as part of Alternate 1 after Agreement Year 1 (i.e., after June 2021). Currently
the City manages the Recycling billing.
Draft Contracts are provided for Trash collection services (Attachment A) and Recycling
collection services (Attachment B). The following describes the collection service
standards and provisions for Alternate 1.
Alternate 1 includes the following highlights (detailed Contact specifications and service
standards are included in Attachment A Draft Trash Services Agreement and
Attachment B Draft Recycling Services Agreement):
The City intends to explore options for a collection schedule with a reduced
number of collection Service Areas (e.g., Monday through Thursday).
The City intends to include all Multi-Family Dwellings in the Agreement for
Recycling collection services.
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Trash services will continue to remain the responsibility of the Multi-Family
Dwelling (dwellings with more than 4 units) property owners.
Recyclables collection from Single-Family and Multi-Family Dwellings will
continue to be weekly.
This RFP does not require Recycling revenue sharing. The costs of
processing/marketing should be embedded into the proposed Recycling
collection price. Respondents may propose their own alternate pricing system
for Recyclables processing/marketing risk-revenue sharing, but this should be in
addition to the RFP-specified pricing worksheets without revenue sharing.
The City will own the Trash and Recycling carts. The City intends to purchase
and pay for roll out of the new Recycling carts later this fall (e.g., approximately
by December 2019). The City will arrange for and pay the costs of initial roll-out,
including assembly and delivery, of the new City Recycling carts and dumpsters.
The Contractor must own, roll-out, and manage the Yard Waste carts to
subscribers.
The Contractor shall be responsible for all cart management services (e.g.,
repairs, replacements, label replacements, warranty work, size switches, storage
and inventory management, etc.). City staff will not physically touch or store the
carts. The Contractor will maintain an inventory of new and replacement
carts and parts (e.g., lids, wheels, axles), purchased by the City, sufficient to
provide immediate replacement and repair services.
Per current operations, residents may request a second Recycling cart at no
additional charge to the resident. This option for a second Recycling cart will be
promoted by the City as a means to provide adequate Recycling cart capacity
for large generators of Recyclables.
The current Bulky Item collection service shall remain per current operations.
The one exception is that the Fall Clean Up Campaign, with discounted unit
prices for Bulky Items during the month of October, will become part of the Trash
Contract. The City encourages the prices for the discounted Fall Clean Up
Campaign to be approximately 50 percent of the regular (year-round) Bulky Item
unit prices. Respondents proposed prices for Bulky Item collection services
must be itemized separately in the price worksheet (Form I).
The Alternate 1 proposal pricing worksheets are provided in the Forms section E.1.
2.2 Alternate 2 Trash Only
Alternate 2 may be proposed if a Respondent chooses to offer a
Alternate 2 includes the following highlights (detailed Trash Contact specifications and
service standards are included in Attachment A Draft Trash Services Agreement):
The City intends to explore options for a collection schedule with a reduced
number of collection Service Areas (e.g., Monday through Thursday).
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Trash services will continue to remain the responsibility of the Multi-Family
Dwelling (more than 4 units) property owners.
The City will continue to own the Trash carts.
The Trash Contractor must own, roll-out, and manage the Yard Waste carts to
subscribers.
The Trash Contractor shall be responsible for all Trash cart management
services (e.g., repairs, replacements, warranty work, size switches, storage and
inventory management, etc.). City staff will not physically touch or store the
carts. The Trash Contractor will maintain an inventory of new and
replacement Trash carts and parts (e.g., lids, wheels, axles), purchased by the
City, sufficient to provide immediate replacement and repair services.
Most of the current Bulky Item collection service shall remain per current
operations. The one exception is that the Fall Clean Up Campaign, with
discounted unit prices for Bulky Items during the month of October, will become
part of the Trash Contract. The City encourages the prices for the discounted
Fall Clean Up Campaign to be approximately 50 percent of the regular (year-
round) Bulky Item unit prices. Respondents proposed prices for Bulky Item
collection services must be itemized separately in the price worksheet (Form I).
The Alternate 2 proposal pricing worksheet is provided in the Forms section E.2.
2.3 Alternate 3 Recycling Only
Alternate 3 may be proposed if a Respondent chooses
service. Alternate 3 includes the following highlights (detailed Recycling Contact
specifications and service standards are included in Attachment B Draft Recycling
Services Agreement):
The City intends to explore options for a collection schedule with a reduced
number of collection Service Areas (e.g., Monday through Thursday).
The City intends to include all Multi-Family Dwellings in the Agreement for
Recycling collection services.
Recyclables collection will continue to be weekly.
The City plans to own the Recycling carts and some recycling dumpsters for
Multiple-Family Dwellings. The City intends to purchase and pay for roll out of
the new Recycling carts and dumpsters later this fall (e.g., approximately by
December 2019). The City will arrange for and pay the costs of initial roll-out,
including assembly and delivery, of the new City Recycling carts and dumpsters.
The Recycling Contractor shall be responsible for all Recycling cart
management services (e.g., repairs, replacements, warranty work, size
switches, storage and inventory management, etc.). City staff will not physically
touch or store the carts. The Recycling Contractor will maintain an inventory
of new and replacement Recycling carts and parts (e.g., lids, wheels, axles),
City of Maplewood
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purchased by the City, sufficient to provide immediate replacement and repair
services.
Per current operations, residents may request a second Recycling cart at no
additional charge to the resident. This option for a second Recycling cart will be
promoted by the City as a means to provide adequate Recycling cart capacity
for large generators of Recyclables.
The City is encouraging Respondents to propose an option to take on the Recycling
billing as part of Alternate 3 after Agreement Year 1 (i.e., after June 2021). Currently
the City manages the Recycling billing.
The Alternate 3 proposal pricing worksheet is provided in the Forms section E.3.
2.4 Service Options
Respondents may propose the following service options. These options are
supplemental variables and are not considered as substitute alternates. Price changes
for these options should be clearly indicated in the Respondents answers to the
respective questions in Form B (Questionnaire).
2.4.1 Option 1 Organic Waste Recycling Service
Organic Waste is not yet collected curbside from Maplewood residents, but the City
intends to implement such a service over the next few years. The list of recyclable
Organic Waste materials shall be
Organics Recycling web page Respondents may
propose additional details of their preferred method of collecting Organic Waste in Form
B (Questionnaire). Proposed Organic Waste prices may be included in Form B
(Questionnaire), but are not required at this time. If the City elects to begin final Organic
Waste planning and collection system designs, the City will initiate negotiations with the
Contractor to negotiate a contract amendment. The City reserves the right to contract
separately for this Organic Waste curbside collection service.
2.4.2 Option 2 Contractor Undertakes the Recycling Billing
Instead of the City coordinating the Recycling billing, this option is defined as the
Contractor doing the billing for the Recycling collection after Agreement Year 1 (i.e.,
after June 2021). This option also includes the Contractor providing customer service
phone calls and questions related to Recycling billing issues.
Respondents proposing this option shall state the added, incremental Contract price for
the administrative services related to Contractor management of Recycling billing and
customer service phone calls. This proposed Contract price for Recycling billing
services shall be stated in Form B (Questionnaire) and shall be in addition to (not
embedded into) the proposed price for Recycling collection services in Form E (Price
Worksheet) for Agreement Years 2 through 5 (July 1, 2021 through June 30, 2025).
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If Option 2 is implemented, during the first year of the Agreement the City and
Contractor would negotiate a detailed transition schedule for the City to hand over the
billing to the Contractor, including customer lists, current status of each Recycling
account, etc. Respondents are encouraged to provide as much detail as possible in
Form B (Questionnaire) as to your proposed plan for taking over the Recycling billing.
The implementation of this Option would be scheduled for no sooner than Agreement
Year 2 (sometime after June 2021).
2.4.3 Option 3 Proposed Consolidation of Collection Service Areas
As an option, the Service Area boundaries and collection days can be proposed to be
changed under the new Agreement if four or fewer collection days are proposed (e.g.,
changing to Monday through Thursday instead of the current Monday through Friday
schedule and map).
If such an option is proposed, Respondents must clearly specify their proposed new
collection Service Area map and schedule for any such changes in the Form B
(Questionnaire). The cost of educating residents about such a change in collection
Service Areas, must be solely paid by the Contractor. All public education materials
related to this change must be pre-approved by the City. If the City accepts this
proposed option, the City and Contractor will negotiate a detailed transition schedule
and public relations plan for resident outreach and education.
2.5 Other Alternate Proposals and Service Options
and/or price
review committee).
The City encourages Respondents to submit other alternate proposals and/or additional
service options. If submitted, Respondents should provide clear descriptions of
additional services proposed to be provided.
Examples of value added services could include, but are not limited to:
Alternative, more efficient means of collecting and recovering special items (for
example, Bulky Items) at no extra cost to the residents.
Early implementation of separate Organic Waste curbside collection.
Early implementation of Pay As You Throw (PAYT) policy, earlier than
scheduled in this RFP packet. (See RFP Section 15.5 below for more PAYT
details.)
Additional, proposed public education options to improve the quality of
Recyclable materials and reduce contaminants collected.
Use of alternative fuels for trucks (e.g., CNG, electric).
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Specific additional means to reduce contamination of Recyclables at Multi-
Family Dwellings.
3 Multi-Family Dwelling Recyclables Collection
Requirements
The following collection requirements are for Recycling service only at Multi-Family
Dwellings and do not pertain to curbside Recycling service at Single-Family Dwellings.
No less than weekly, single-stream Recyclables collection will be provided by the
Contractor from Multi-Family Dwellings for the properties listed in Attachment C. Multi-
Family Dwelling Recycling stations will likely be a cluster of Recycling carts or a
Recycling dumpster, or both. Carts and dumpsters shall be provided by the City.
The number and location of Multi-Family Dwelling Recycling stations shall be adequate
in number, convenient in location, and accessible to all Multi-Family Dwelling residents.
The Multi-Family Dwelling Recycling stations must be planned to be of sufficient
capacity and collection frequency to avoid overflowing of Recyclable materials.
Multi-Family
Dwelling unit The Contractor, together with the building owner and City
staff, shall propose the number and location of the Multi-Family Dwelling Recycling
containers for each Multi-Family Dwelling building owner but the City retains the right to
approve the service levels. In Form B (Questionnaire), Respondents should clearly
describe their proposed process for planning the Multi-Family Dwelling Recycling
stations, Recycling containers, and service levels to avoid overflowing of Recyclable
Materials.
Respondents should clearly describe in Form B (Questionnaire) how they intend to set
up the Multi-Family Dwelling Recycling system to provide clear educational signage and
other public education tools to help reduce contamination and maximize diversion of
waste by recycling. Respondents are encouraged to specify how they will address the
needs of families that are English learners through public education tools in alternate
languages. While this is especially important for Multi-Family Dwellings, it also applies
to Single-Family Dwelling households where English is a second language.
4 City Buildings & Parks Facilities
The Contractor shall provide dumpsters for Trash and Recyclable collection service at
least once per week at the following City buildings & parks facilities at no additional
charge to the City. The costs of these Trash and Recycling collection services shall be
City Hall, 1830 County Road B East
Trash: one (1), six (6) cubic yard dumpster, collected two times per week
Recyclables: one (1), 95-gallon Recycling cart, collected once per week
Organics: one (1), 90-gallon Organics cart, collected once per week
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Community Center, 2100 White Bear Avenue
Trash: Two (2), four (4) cubic yard dumpsters, collected two times per week
Recyclables: one (1), 95-gallon Recycling cart, collected once per week
Organics: two (2), two (2) cubic yard Organics dumpsters, collected once per
week
Public Works Facility, 1902 County Road B East
Trash: One (1), six (6) cubic yard dumpster, collected two times per week
Recyclables: one (1), 95-gallon Recycling cart, collected once per week
Organics: one (1), 90-gallon Organics cart, collected once per week
Wakefield Park, 1590 Frost Ave
Trash: One (1), eight (8) cubic yard dumpster, collected once per week
Recyclables: \[TBD\]
Harvest Park, 2561 Barclay Street (April October)
Trash: Two (2), eight (8) cubic yard dumpsters, collected once per week
Recyclables: \[TBD\]
Goodrich Park, 1980 North St. Paul Road (April October)
Trash One (1), eight (8) cubic yard dumpster, collected once per week
Recyclables: TBD
Fire Station 1, 600 McKnight Road
Recyclables: One (1), 95-gallon Recycling cart, collected once per week
Fire Station 2, 1955 Clarence Street
Recyclables: One (1), 95-gallon Recycling cart, collected once per week
Fire Station 3, 1530 Hazelwood Street
Recyclables: One (1), 95-gallon Recycling cart, collected once per week
The dumpsters shall be placed at specific, City-designated locations. The exact service
levels (e.g., dumpster size and collection frequency) will be negotiated with the
successful Contractor. Proposed changes to the current service levels must be
specified in Form B (Questionnaire).
City Parks Department staff are responsible for delivering bags of Trash and
Recyclables from various City park Trash and Recycling containers and depositing them
in dumpsters to be serviced by the Contractor.
Respondents should clearly describe their proposed process for planning the number of
Trash and Recycling containers and collection frequencies at the City buildings & parks
facilities to avoid overflowing of Trash and Recyclable Materials.
Respondents should clearly describe how they intend to set up the City buildings &
parks Recycling system to provide clear educational signage and other public education
tools to help reduce contamination.
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5 Yard Waste
Alternate 1 and Alternate 2 must assume current subscription Yard Waste service for
residential Single-Family Dwellings. This includes weekly Yard Waste collection from
April through November (weather permitting). Yard Waste shall be picked up on the
same day as Trash collection. Subscription Yard Waste service shall include collection
from one, large (95-gallon) cart and up to five (5), additional compostable bags of Yard
Waste. Alternate 1 and Alternate 2 also include continuing the option for residents to
-per-(also known as on-call Yard Waste service).
6 Bulky Items
Alternate 1 and Alternate 2 must assume the current Bulky Item collection service for
residential Single-Family Dwellings. The list of Bulky Item categories is contained in
Form I. The Contractor is responsible for billing all collection and disposal fees related
to Bulky Item collections and proposed prices shall be inclusive of all such disposal
fees.
7 Spring Clean Up Services
The Trash Contractor shall support collections at the Spring Clean Up event as
produced by the City in the spring (April/May) of each year at Aldrich Arena (1850 White
Spring Clean Up web page
(https://maplewoodmn.gov/1020/Recycling-Clean-Up-Announcements) for more public
information used to help inform Maplewood residents.
The Maplewood Spring Clean Up is a one-day event open to City residents for drop-off
of special residential Bulky Items and other materials from 8 a.m. to 1 p.m. As noted on
Bulky Items have additional charges.
The Trash Contractor will provide cash and check handling services at the Spring Clean
Up event. The Contractor must handle payments from residents based on the
load/vehicle size and the specific Bulky Items. The Contractor will maintain a count of
the vehicles/loads and number of charged Bulky Items by price and produce a written
report the following week. City staff will assist and monitor with counting the cash and
checks at the end of the day. The Contractor will credit the City with the total amount of
cash and check payments received as part of the separate invoice for the Spring Clean
Up services.
City staff assist with vehicle checking, and traffic control services at the Spring Clean Up
from resident's vehicles and loading into dumpsters. Ramsey County Household
Hazardous Waste (HHW) staff also provide assistance with collection of HHW items at
these events. Other partner organizations will also be on site at the Maplewood Spring
Clean Up event to handle their specialized waste materials.
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recycling secondary contractors handling specialized waste materials. The City will
contract directly with those other organizations and the primary Contractor does not
need to handle these materials. These other specialized waste materials and
secondary contractors are:
Reusable clothing and shoes, etc. c/o USAgain (www.usagain.com)
Bicycles c/o Re-Cycle, Inc. (www.re-cycle.com)
Carpet c/o Bro-Tex (http://carpet.brotex.com)
Small Engines c/o Small Engine Doctors
Household Hazardous Waste c/o Ramsey County (Household Hazardous Waste)
Document shredding c/o Shred-N-Go, Inc. (www.shredngo.com)
Electronics (no screen) c/o Retrofit Companies, Inc.
(https://retrofitcompanies.com)
There is no prime subcontractor structure implied or needed with these other Spring
Clean Up partner organizations listed above as the City contracts directly with these
secondary contractors. The list of other materials and other Spring Clean Up partner
organizations handling specialized waste items is expected to change from year to year
during the term of the Agreement. The City reserves the right to continue to contract for
these other Spring Clean Up services.
Generally, the Trash Contractor will provide receiving, handling, hauling and disposal
services for Bulky Items and other Trash as received by residents at the Spring Clean
Up that cannot be recycled. The Contractor provides collection equipment (e.g., roll-off
boxes; rear-load garbage trucks), operator labor, other helpers, and hauling/disposal
services for the Trash and other large Recyclable scrap metal(not listed above)
received at the Spring Clean Up event. The City will pay for services and itemized
disposal cost tipping fees based on the Contractors special invoice for the Spring Clean
Up. A report summarizing all services provided, the cash/check funds received, and
any revenue from sale of materials (e.g., scrap metal items), must accompany the
special Spring Clean Up invoice.
Over the past two years, the following data summarize the approximate average
amounts of materials collected, equipment used and labor used by the current Spring
Clean Up Contractor:
Average amount of materials disposed as MSW/Construction = 42 tons per event
Number of rear-load packer truck hours = ____ \[TBD\]hours per event
Number of roll-off truck hours = ____ \[TBD\]hours per event
number of helpers and hours = 8 employees x 7 hours per event
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The above data is for RFP background information and assumptions only. These past
Spring Clean Up events may not be reflective of level of effort of future events and the
City does not guarantee any minimum amount of work or material.
Respondents shall summarize their approach for providing collection services at the
Spring Clean Up events in Form B (Questionnaire) Respondents are encouraged to
describe how they propose to increase the amount of reuse and/or recycling of
reusable/recyclable Bulky Items at these Spring Clean up events (e.g., appliances,
furniture, mattresses, etc.).
Respondents shall describe their experience in providing Recycling collection services
at such community events and what, if any, recycling Collection opportunities could be
provided and if there would be an additional cost.
8 Public Education and Outreach
The City intends to enhance public education and outreach related to Recycling and
general Trash issues during the term of the Contract. The Contractor shall be
considered a full partner in public education planning and implementation. Minimum
public education responsibilities are specified in the draft Agreement(s).
In their proposals, Respondents should clearly describe how these minimum public
education tools will be implemented and are encouraged to offer additional value-added
public education / outreach tools.
9 Pollution Reduction and Environmentally Sustainable
Initiatives
The Contractor shall demonstrate a commitment to reducing air pollution from collection
vehicles. In addition, the Contractor shall keep the City informed of their current efforts
and future plans to reduce greenhouse gas emissions (from collection operations,
processing operations, transporting materials to market, etc.) as well as any
environmentally sustainable initiatives that are a part of the Contractorbusiness
operations or are planned for the future. If the Respondents have a sustainability plan
for their company, this should be cited and summarized in your proposal.
10 Annual Report of Accounts
By January 31 of each year, the Contractor shall submit to the City a report of billable
accounts by service level. The report shall contain all account information of all
services provided for each billable property including:
Property address where service is provided;
Any special notes as to where containers are located on the property (e.g., alley
vs. curb);
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Property owner who is paying the bill, including name, mailing address, all other
contact data (e.g., email, phone);
Collection service levels (i.e., number of containers by size; frequency of
collection) by type of Solid Waste material (Trash, Recycling), including optional
collection services ordered (e.g., Yard Waste and Bulky Items).
The report shall include a summary of total counts of billable properties served including
number of Single-Family Dwelling units and Multi-Family properties. The City will
review, comment, and if acceptable, approve the report.
11 Billing
The Contractor shall bill accounts no less frequently than on aquarterly basis. Only
prices and charges specified in the Agreement shall be included; no additional fees or
charges are allowed (e.g., administrative fees, environmental charges, etc.).
12 Term of Contract
The term of the new trash and recycling Agreement will be a period of five and one-half
(5.5) years from January 1, 2020 through June 30, 2025. The City may consider
extensions. The final decision on any Agreement extension will be
discretion.
13 Submitting Proposals
To the best of its ability, the City will use the process and schedule outlined below in the
RFP for its decision-making regarding this RFP.
13.1 RFP Schedule
The following RFP schedule reflects current City plans. This schedule is subject to
change by the City.
May 20, 2019 City releases RFP packet
May 23, 2019 Pre-proposal meeting
\[TIME/ROOM LOCATION TBD\]
May 29, 2019; 4pm Questions from Respondents due and
Respondents notify City of intent to submit a proposal
June 3, 2019 Addendum (if needed) released
June 17, 2019; 4:00pm Proposals due
Week of June 24, 2019 Respondent interviews (if needed)
July 22, 2019 City Council reviews staff report and
may authorize finalization of Contract(s)
August 12, 2019 City Council authorizes execution of final Contract(s)
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January 1, 2020 New Contract(s) services begin
13.2 Notification of Intent
Prospective Respondents interested in responding to this RFP should notify the City via
email of their interest and to allow the City to communicate efficiently with Respondents.
Notifications of intent should be sent to :
Ms. Shann Finwall, Environmental Planner
E-mail: Shann.Finwall@maplewoodmn.gov
Notifications shall include the name, title, address,
phone number, and e-mail address. Notification of intent should be made by
Wednesday, May 29, 2019 by 4pm. It is the responsibility of the Respondents to ensure
their Notification of Intent is received by the City.
13.3 Questions
Questions, requests for clarification or requests for information about this RFP packet or
City process must be submitted only via email by Wednesday, May 29 by 4 p.m. to the
, Shann Finwall. T to any
questions will be emailed to all prospective Respondents by close of business Monday,
June 3, 2019.
13.4 City Designated Contact
Any
other unauthorized contact concerning this RFP with any other City staff, County staff,
County consultant, or City Council Members may subject the Contractor to
disqualification from further consideration. This restriction will be in effect from the date
this RFP is released through the date of final Agreement execution unless this
restriction period is modified by the City.
13.5 Proposals Held Confidential
Proposals will be treated in accordance with Minnesota Statutes 13.591, Subdivision 3
(b), Data Practices Act. Only the company names of Respondents submitting proposals
will be made public during the restriction period. All proposal documents shall be held
as confidential until the new Agreement is executed.
13.6 Review of Proposals
A City proposal review committee will review and analyze the details of the qualified
submitted proposals (see the Evaluation Criteria Section within this RFP). City staff will
then make a recommendation to the City Council.
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13.7 Negotiations
City staff will negotiate with the top ranked Respondent(s) to finalize an Agreement. If
negotiations with top ranked Respondent(s) are not successful, the City may then
initiate negotiations with second ranked Respondent(s), and so on. The City reserves
the right to negotiate specific work elements with a Respondent into an Agreement of
lesser or greater expense than described in this RFP packet or in the Respondent's
proposal.
13.8 Award of Contract
Once a final Agreement (or Agreements) has (have) been successfully negotiated, City
staff will present its recommendations to the City Council. The City Council may then
authorize the Mayor and City Manager to execute a final Agreement (or Agreements).
13.9 New Contract
Collection services under the new Agreement(s) are scheduled to commence
operations on January 1, 2020. Planning, preparations and transition implementation
activities will take place prior this date.
14 Proposals May be Rejected in Whole or Part
The City of Maplewood reserves the right to:
Reject any or all proposals;
Reject parts of proposals;
Negotiate modifications of proposals submitted;
Accept part or all of the proposals on the basis of consideration(s) other than
price; and
Contract with two or more Respondents for selected service elements.
15 How to Submit Proposals
Proposals will be accepted only from those who submitted a Notification of Intent as
described in this RFP. Proposals shall be submitted to City Hall per the deadline in
Section 12.1, addressed or delivered as follows:
Trash and Recycling Collection
Shann Finwall
Community Development Department
City of Maplewood
City Hall
1902 County Road B East
Maplewood, MN 55109
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Proposals will be date-stamped and treated as confidential during the RFP process in
accordance with Minnesota Statutes 13.591, Subdivision 3 (b), Data Practices Act.
Ten (10) written, bound, hard copies of the proposal packet shall be
submitted.
One electronic copy of the full proposal packet must also be submitted on a
(or suitable alternative electronic format) inside of the sealed envelope. The
proposal file must be formatted in Microsoft Word or a suitably compatible alternative.
16 Proposal Content
16.1 Proposal Content Checklist
Qualified proposals must include all of the elements referenced in this RFP. A Proposal
Content Checklist can be found in Form A.
16.2 References
In Form B (Questionnaire), Respondents must include a list of three references
including other municipal or other government agency clients receiving similar services.
16.3 Litigation
In Form B (Questionnaire), Respondents should include a statement as to any litigation
in the past five years within the State of Minnesota and the current status of that
litigation.
16.4 Price Worksheet(s)
Respondents must complete a proposal response to Alternate 1, Alternate 2, and/or
Alternate 3 within the price worksheet (Form E). Respondents may complete additional
alternate price as well
associated, descriptive title. The Contractorproposal narrative must clearly describe
details of the proposed operations of the alternate.
16.5 Pay As You Throw (PAYT) Future Trash Pricing Schedule
The PAYT price increment percent between Single-Trash service
levels is based on the total price including disposal costs, taxes and City cart fee. The
Respondents proposed total PAYT price increments should increase each year after the
first Agreement year.
PAYT increment percent is the percentage increase in the total price from one Trash
service level to the next larger Trash cart size. For example, there is currently about a
thirty-seven percent (37%) difference between the 20-gallon, EOW total price and the
20-gallon, Weekly total price. Another example is there is currently about a sixteen
percent (16%) difference between the 20-gallon, Weekly total price and the 32-gallon,
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Weekly total price. (See these and more details under Agreement Year 1 (1/1/2020 to
6/30/2021) in the table below.)
The Agreement Year 1 (1/1/20 to 6/30/21) PAYT increments shown in the table below
are the same as PAYT increments for total 2019 prices. The intent is to keep the PAYT
price increments the same for the first year of the new Trash Agreement.
Policy suggests the total price increments between Trash service
levels should be at least fifty percent (50%) by Agreement year five (7/1/24 through
6/30/2
presented in the table below. The intent is to gradually phase in the increases in price
increments over time in order to reach effective PAYT incentives by the end of the term
of the Agreement without a significant change in any one year.
Table 15.1
(a)
Future PAYT Increments
Agreement Year
12345
1/1/20 to 7/1/21 to 7/1/22 to 7/1/23 to 7/1/24 to
Trash Collection
6/30/216/30/226/30/236/30/246/30/25
Service Level
20-gallon, Every Other
Week (EOW)
20-gallon, Weekly 37% 37% 37% 37% 50%
32-gallon, Weekly 16% 20% 25% 35% 50%
65-gallon, Weekly 14% 20% 25% 35% 50%
95-gallon, Weekly 13% 20% 25% 35% 50%
(a) PAYT Increment" is the percentage increase in total price from one Trash service level to the next
largest Trash cart size.
The City also intends to work with the Contractor to annually review and discuss the
overall program financials, including the Contractors bottom line gross revenue from
residential Trash collection fees and annual adjustments to disposal costs (i.e., changes
pro-rated to the change in Trash disposal tipping fees at the R&E Center at Newport,
MN). Agreement Year 1 (with no change in the current PAYT pricing schedule) will be
used as the base year for purposes of discussion and planning for implementation of
negotiations with the Contractor will be to work towards maintaining a similar gross
revenue stream even though Maplewood residents may be switching to smaller, more
right-
City-owned cart inventory will also be considered in these negotiations.
17 Respondents May Team with Other Companies
It is recognized that some Respondents may wish to sub-contract or otherwise partner
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with other companies for certain service elements. For example, Recyclables
processing/marketing services could be handled by another organization as long as this
teaming approach is specified in your proposal. This is allowed as needed, but all such
sub-contractor or other teaming relationships must be explicitly described and approved
by the City in writing prior to a sub-contractor performing any work. The City will contract
with only one primary Contractor for each collection service. The Contractor shall be
responsible to ensure any approved sub-contractor will meet the same Agreement
terms and conditions. A company may be listed as a part of more than one team as long
as this company submits a written certification that no collusion occurred between
competing proposals.
18 RFP and Proposal to Become Part of Final Contract
The contents of this RFP as amended, the successful proposal, and any written
clarifications or modifications submitted by the successful Respondent and approved by
the City shall become part of the contractual obligations and incorporated by reference
into the final Agreement. If any provision of the final Agreement is in conflict with the
referenced RFP or proposal, the final Agreement shall take precedent.
19 Evaluation Criteria
The City will evaluate the proposals submitted to determine the best value for the City
and its residents. A comprehensive set of criteria will be used to evaluate the merits of
each proposal. Proposed prices alone will not be the sole evaluation criteria.
The criteria will include, but is not limited to, the following.
Economics
Proposal Content and Overall Responsiveness
Safety
Education
Environmental
Qualifications
20 Standard Contract Agreement Terms and Conditions
The draft Agreement (Attachment A and Attachment B
conditions for the following legal requirements:
Liquidated Damages
Insurance and Other Legal Risk Management Requirements
Transfer of Interest
Data Practices
Contract Termination
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Procedures
All Respondents must thoroughly review Attachment A Draft Trash Services
Agreement and Attachment B Draft Recycling Services Agreement and their entire
contents and then complete the respective Form(s) G Acceptance of Draft Contract
for Services appropriate to your proposed alternates.
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City of Maplewood
RFP for Trash and RecyclingCollectionServices
RFP PROPOSAL FORMS:
Instructions......................................................................................................................1
Form A: Proposal Content Checklist............................................................................2
Form B: Respondent Questionnaire............................................................................3
Form C: Certification of Binding Signature................................................................. 13
Form D: Certification of Independent Proposal Pricing..............................................14
Form E: Price Worksheets.........................................................................................15
Form F: Lists of Trucks and Other Collection Equipment..........................................22
Form G.1: Acceptance of, or Exceptions to, Draft Trash Services Agreement.............23
Form G.2: Acceptance of, or Exceptions to, Draft Recycling Services Agreement.......24
Form H: Acknowledgement of Receipt of Addenda...................................................25
Form I: Bulky Waste Item Price Worksheet..............................................................26
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City of Maplewood
RFP for Trashand RecyclingCollectionServices
PROPOSAL FORMS:
RFP FORMS A THROUGH I
Instructions
Use this Word document to enter your responses to the RFP questions. When
completed, print and sign the final forms for submittal with your proposaland submit an
electronic copy on a USB flash/thumb drive (or suitable alternative electronic format)
inside the sealed envelope.
You may also print out this document, fill in your numeric answers by hand, attach
additional sheets for typed narrative answersas needed, and then sign the forms. All
forms completed manually must be clear and legible.
In addition to the USB flash/thumb drive electronic format, ten (10) printed, “hard
copies” must also be submitted (including one original version with signatures).
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Form A:Proposal Content Checklist
Instructions: Check off the completed forms and other proposal sections to assure
that your proposal is complete and all forms are signed:
Proposal Cover Letter
Form A:Proposal Content Checklist
Form B:RespondentQuestionnaire (including references)
Form C:Certification of Binding Signature
Form D:Certification of Independent Proposal Pricing
Form E:Price Worksheets (check all that apply):
E.1Alternate 1 – Bundled Trash and Recycling Price Worksheet
E.2Alternate 2 – Trash Only Price Worksheet
E.3 Alternate 3 – Recycling Only Price Worksheet
Form F: Listsof Trucks and Other Collection Equipment
Form G: Acceptance/Exceptions to Draft Contracts (check all that apply):
Form G.1: Acceptanceof, or Exceptions to,Draft Trash Contract
Form G.2:Acceptance of, or Exceptions to,Draft Recycling Contract
Form H: Acknowledgement of Receipt of Addenda
Form I:Bulky Waste Items Price Worksheet (Alternate 1 and 2)
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Form B:RespondentQuestionnaire
Instructions
Use this form (available in Wordformatwith expandable text fields for your answers)
andattach additional pages as necessary to respond to each of the following questions.
All Respondents must complete Form B. If any items are Not Applicable, please mark
the Section “N/A”.
Note: If this is a teaming arrangement, list all team members, providing: organization
name, contact person name, address, telephone number, email, website, and contact
person.The word “company” as used below includes partnerships, corporations, and/or
sole proprietorships.
General Contact Information:
Name of Company Proposing:Click or tap here to enter text.
Address:Click or tap here to enter text.
Telephone: Click or tap hereto enter text.
Email:Click or tap here to enter text.
Website:Click or tap here to enter text.
Name of contact person:Click or tap here to enter text.
Type of organization:Click or tap here to enter text.
(e.g., corporation, joint venture, partnership, individual)
Is this a “Team” proposal? Yes No
If yes, list the name(s)of the other organizations proposing as a part of your Team.(A
letter of intent to team should be included from each organization.)
1.Click or tap here to enter text.
2.Click or tap here to enter text.
3.Click or tap here to enter text.
References
Provide on separate page(s) collection service references.Provide at least three (3)
municipal references. Include:
The name of the municipalityor other government agency
Number of households served
Contract structure between the organizationand current status
Type of materials collected
Summary of service level(e.g., weekly Trashcollection; weekly or Every Other
Weekcurbside Recycling in carts, etc.)
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If this is a teaming arrangement, collection service references for each team member
should be submitted.
Qualifications
General Management
Describe the management structure of your company, including local decision-making
authorityrelated to this Agreement.
Click or tap here to enter text.
Financial Stability and Strength
Provide financial data for the previous three years (e.g., balance sheets, annual report).
Click or tap here to enter text.
Proposal Scope
Respondents may propose on Alternate 1, Alternate 2 and/or Alternate 3 as specified in
this RFP packet. Respondents may also propose their own alternate that you design
yourselves, but the City encourages you to submit at least one of the three RFP-
specified Alternates for comparison.
Check all alternates you are proposing.
Alternate 1 – Bundled Trash and Recycling(as specified in this RFP packet)
Alternate 2 – Trash Only(as specified in this RFP packet)
Alternate 3 – Recycling Only(as specified in this RFP packet)
Other alternate –As designed by the Respondent
(in addition to at least one of the above, RFP-specified alternates)
Respondents may propose on any of the three RFP-specified service options.
Respondents may also propose your own options that you design yourselves. These
“options” are supplemental variables and are not considered as substitutes to the above
alternates.
Check all optionsyouare proposing.
Option1– Organic Waste Recycling Service
Option 2 – Contractor Undertakes the Recycling Billing
Option 3 – Proposed Consolidation of Collection Zones
Other option(s) – As designed by the Respondent
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Bulky ItemCollection Experience
(Relevant to Alternate 1and Alternate 2)
List and summarize your experiencewith providing Bulky Itemcollection services,
whether collected via curbside or at clean-up events.
Click or tap here to enter text.
Special Events
List and summarize your past experience with providing recycling services at special
events (e.g., community clean up events, other community events, etc.).
Click or tap here to enter text.
Proposed Spring Clean Up Event Operations
Describe your proposed operations for supporting collections from the City’s Spring
Clean Up event. Added value services (e.g., that enhance reuse and/or recycling of
Bulky Items collected from the Spring Clean Up event) are encouraged but not required.
Click or tap here to enter text.
Recycling Contamination as Collected
(Relevant to Alternate 1 and Alternate3)
List the Recycling contamination rates (as collected) from your top performing
communities referenced. Describe the methods used to measurecontamination (as
collected) in each instance. For example, summarize Recyclables composition sorts
that include measurement of contamination rates. Summarize the reasons each
community program has been successful in reducing Recyclables contamination (as
collected)and your role.
Click or tap here to enter text.
Business Information
Complete this section for the Respondentand, if applicable, each member of a teaming
arrangement.
Within the past five (5) years, has your company failed to complete a collection
contract? Yes No
If so, state name of parties to the contract, the date of the contract, and the reason for
non-completion. If a bond was posted, state the contact information for the bond
company.
Click or tap here to entertext.
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Within the past five (5) years has your company, or any facility or property owned or
operated by your company, failed to perform any of its contract obligations with any
municipality, county or other public entity? Yes No
If so, state the nature of the failure:
Click or tap here to enter text.
Within the last five (5) years, has your company, or any facility or property owned or
operated by your company, everbeen the subject of administrative or judicial action for
alleged violation of the conditions of a permit issued by a governmental entity; or
alleged violations of environmental, zoning, or public health laws or regulations?
Yes No
If so, state the details and disposition:
Click or tap here to enter text.
Has your company submitting this proposal or any of itssubsidiaries been a party to any
lawsuits within the last five (5) years that may affect yourability to perform the services
described in this RFP packet? Yes No
If so, list these lawsuits.
Click or tap here to enter text.
Proposal Description
For each Alternateproposed, provide a clear summary of your proposed operations
including explicit proposed deviations from the specifications within this RFP packet.
Describe any expectationsfor City responsibilities not specified in this RFP packet.
Click or tap here to enter text.
Billing
The Trash Contractor will be required to bill for Trash, Yard Waste, and Bulky Item
services.
Are you proposing to performthe Recycling billing? Yes No
If yes, and ifyou are submitting an Alternate 1 proposal (Bundled Trash and Recycling),
what is your proposedadditionalprice to also bill for Recycling servicesunder Option 2
as specified in the RFP (billing administrative costs only, not collection operations)?
Click or tap here to enter text.
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If yes, and ifyou are submitting an Alternate 3 proposal(Recycling only), what is your
proposed additionalprice to also bill for Recycling servicesunder Option 2 as specified
in the RFP(billing administration costs only)?
Click or tap here to enter text.
Annual Fuel Adjustment
Do you propose any form of annual fuel adjustment to reflect the changing prices of fuel
used in your trucks? Yes No
If yes, the City will restrict this to adjust the fuel cost portion of the collection feeonly of
your total costs (i.e., not applied to Trash disposal costs, taxes, City cart fee, etc.).
What portion of the Trash and Recycling Collection fees do you propose to be allocated
to your fuel costs? ___________% (Your proposed annual fuel adjustment will be
applied to only this portion of your proposedcollection fees.)
Please clearly specify your proposed annual fuel adjustment formula and provide one or
twoexample hypothetical calculations of how this might work in changing your Trash
Collection Fee from Agreement Year 1 (1/1/2020 to 6/30/2021) to Agreement Year 2
(7/1/2021 to 6/30/2022).
Click or tap here to enter text.
Extra Bags of Trash
What is your proposed price for an extra “overflow” bag of Trash:
$ _____________bag.
Extra Trash Cart
What is your proposed price for an extra Trash cart at the same Single-Family
Dwelling? $______________ per Single-Family Dwelling per month
Pay As You Throw (PAYT) Pricing Schedule
In general, qualitative terms, describe you proposed PAYT process. How do you
propose working with the City to develop a PAYT pricing schedule that both provides an
increasingly greater incentive for residents to recycle / reduce waste and is
economically sustainable for all parties?
Click or tap here to enter text.
Safety Plansand Records
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Summarize your safety plans for route collection operations to protect both residents
and your workers.
Click or tap here to enter text.
Have you had any OSHA – reportable accidents within the past three years in
Minnesota? If so, summarizethe individual events, and corrective actions taken.
Click or tap here to enter text.
Transition
What is your plan for transition of operations between the current operations and the
new Contract operations? Describe proposed timingof these transitions including: truck
acquisition (if needed); personnel training; moving of excess City Trash cart inventory;
public notices; new billingadministration procedures; etc.
Click or tap here to enter text.
Cart Management Plan
The City currently owns the Trash carts and plans to own the new Recycling carts. The
Contractor(s) will be responsible for all cart management as summarized in this RFP
packet. Please describe how you plan to manage cart inventory, size switches, repairs,
maintenance, new labeling, warranty work, etc.
Click or tap here to enter text.
Use of RFID Tags on the Carts
Do you propose to use the RFID tags embedded in the City’s Trash and proposed
Recycling carts to help maintain an accurate inventory of carts in your warehouse
inventory? Yes NoIf yes, explain:
Click or tap here to enter text.
Do you propose to use on-board readers and the RFID tags embedded in the City’s
Trash and proposed Recycling carts to record set-outs by property?
Yes NoIf yes, explain:
Click or tap here to enter text.
Planning for Multi-FamilyDwelling Recycling Services
(Relevant to Alternate 1and Alternate3)
Describe your process for planning the Recycling service levels at Multi-Family
Dwellingsto help assure no overflow of Recyclables.Also, describe your specific
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strategies you will implement to reduce contamination of Recyclables at Multi-Family
Dwellings.
Click or tap here to enter text.
Planning for Services at City Buildings & Parks Facilities
Describe your process for planning the Trashand Recycling service levels atCity
buildings&parks facilities to help assure no overflow ofwastes.Also, describe your
specific strategies you will implement to reduce contamination of Recyclables at City
buildings & parksfacilities.
Click or tap here to enter text.
Proposed List of Recyclable Materials
Do you plan to collect and recycle any additional Recyclable Materials other than the
minimum items listed in Appendix C? Yes No
If yes, please itemize below, including your materials marketing strategy to assure
consistent end market outlets and actual recycling of these items.
Clickor tap here to enter text.
Proposed Destination of All Materials
List the processing or disposal facilities for all non-Trash materials to be collected as a
part of this Contract:Recyclables, Yard Waste, and Bulky Items. (Note: Trash must be
delivered to the Recycling & Energy Center at Newport.)
Click or tap here to enter text.
Recyclables Marketing Plan
(Relevant to Alternate 1 and Alternate3)
What is your plan to address the fluctuating marketprices for Recyclables?
Click or tap here to enter text.
Proposed Bulky Item Collection and Recycling Plan
(Relevant to Alternate 1 and Alternate 2)
How will your proposed Bulky Itemcollection and disposal operations promote and
provide more recycling of these items?
Click or tap here to enter text.
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Proposed Fall Clean Up Campaign Plan
(Relevant to Alternate 1 and Alternate 2)
What is your proposed percent discount for Bulky Items set out during the Fall Clean Up
Campaign? Describe how you will promote this Campaign? How will you train your
customer service call center staff about the Campaign?
Click or tap here to enter text.
Proposed OrganicWasteCollection Plan
Ifthis option is included in your proposal,describe the details of your proposed Organic
Wastecurbside collection service. Include: schedule for planning,details ofany pilot
projects, citywide implementation/roll-out; cart ownership(if needed); proposed
composting facility (or facilities) to be used; and any other pertinent details.If available,
provide a proposed Organic Waste collection service price schedule.
Click or tap here to enter text.
Proposed Collection Service Areas
The Alternate 1, 2, and 3proposal must use the current collection Service Areas and
days (as shown in Appendix B). However, options proposed by the Respondent may
include a change to the collection Service Areas as long as the change reduces the
number of Collection days per week. If you propose such an option, describe the
change and provide a proposed map. Alsodescribe your proposed schedule and
process of educating residents about the change.
Click or tap here to enter text.
Public Education
The City and the Contractor will plan for a coordinated public education campaign.
Does your company use “education tags”(e.g., “Oops” or similar tags)that are left by
your collection crews at the time material is left behind? Yes No
If yes, attach an example of one such education tag from another community.
What other public education efforts have you used successfully in the past that
are directly relevant to this scope of service?
Click or tap here to enter text.
What are your plans for additional public education efforts?
Click or tap here to enter text.
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Describe your plan for the annual Recycling participation study.
Click or tap here to enter text.
How do you propose educatingresidents who do not participate in curbside
Recycling to improve Recycling participation?
Click or tap here to enter text.
Planning for Public Education Tools in Alternative Languages for Recycling
Services
(Relevant to Alternate 1and Alternate3)
Describe your process for assisting the City and County with planning and implementing
public education tools in languages other than English at appropriate residences.
Click or tap here to enter text.
Customer Serviceand Other Community Relations Services
Describe your call center plans. At a minimum, describe:
Where the call center will be located:
Click or tap here to enter text.
Hours of livecall center operations:
Click or tap here to enter text.
Averagecall center response times (time from arrival of call to “live” Customer
Service employee contact with caller):
Click or tap here to enter text.
Methods to support your customer service representatives to train them on
Maplewood-specific service elements and Contract standards:
Click or tap here to enter text.
Do you currently use some form of “Frequently Asked Questions” (FAQs)
together with standardized call center responses that are customized to a local
community? If so, please provide a current example.
Click or tap here to enter text.
Methods to link customer complaints to improved route services:
Click or tap here to enter text.
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Walk-UpCollectionServices
Describe your plans for Walk-Upcollectionsfrom Maplewoodresidents with physical
limitations:
Click or tap here to enter text.
Signature of person duly authorized to sign submittal on behalf of the Respondent:
Authorized Signature
Click or tap here to enter text.
Printed Name
Click or tap here to enter text.
Date
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Form C:Certification of Binding Signature
Instructions: All forms provided in this RFP are required to be completedand be
executed by an official authorized to bind the Proposal offer. All completed forms shall
be made a part of the Respondent’s proposal. All proposal forms must be signed by the
same authorized person.
The undersigned Respondent certifies that he/she has read the information submitted
by the Respondentand has personal knowledge that the information submitted is true
and correct.
I swear that I am authorized to execute all Proposal forms included in this Proposal
response to the RFP and to bind theCompany to these agreements; and swear that I
have read the information contained in this Proposal and that I have personal
knowledge that it is true and correct.
I,Click or tap here to enter text.
(Name of Authorized Officer)
Click or tap hereto enter text.Click or tap here to enter text.
(Title) (RespondentFirm name)
Click or tap here to enter text.
(Date)
.______________________________________________________________.
(Signature)
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Form D:Certification of Independent Proposal Pricing
Instructions: This form shall be executed by the authorized official to bind the Company.
The Respondentmakes the following representations and certifications as part of this
proposal:
1.The undersigned certifies that the Respondenthas not directly or indirectly entered
into any agreement, express or implied, with any other Respondent(s) (other than
for purposes of forming a Team as defined and allowed in this RFP) for any of the
following:
A.Controlling of the price of such proposal(s);
B.Limiting of the number of proposals or Respondents; or
C.Parceling or farming out to any Respondent(s) or other persons of any part
of the Contract or any part of the subject matter of the proposal(s) or of the
profits.
2.The undersigned certifies that they havenot and will not divulge any or all of the
contents of the sealed proposal to any person except those as a part of a
legitimate team, partnership or other person with direct financial interest with your
company until the City publicly releases this sealedinformation.
3.The undersigned respondent further certifies that the Respondenthas not been a
party to any collusion including, but not limited to, actions such as:
A.Respondents restraining the freedom of competition by agreement to
make a proposal at a fixed price or pre-arranged price limit;
B.Refraining from submitting a proposal at a fixed or pre-arranged price limit;
or
C.Refraining from submitting a proposal.
4.The undersigned respondentfurther certifies that the Respondenthas not engaged
in any prohibited contact or conflict of interest with any City official or its agents
such as, but not limited to:
A. Discussion of service quantity, quality, or price in the prospective Contract
or any other terms of said prospective Contract; or
B.Any other prohibited discussions between the Respondents and City
officials or agents concerning exchange of money or other things of value
for special consideration in the letting of a Contract.
Signature of person duly authorized to sign submittal on behalf of the Respondent:
Click or tap here to enter text. Click or tap here to enter text.
Printed Name Date
____________________________________
Signature
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J2, Attachment 2
Form E:Price Worksheets
Instructions: These price worksheet forms shall be executed by the authorized official
to bind the company. If Respondent-specified alternate proposal(s)aresubmitted, a
separate Form E – Price Worksheet must be included, labeled “Alternate”with an
appropriate title, that clearly specifies the proposed costs of any such alternate
provision.
All Respondents shouldcomplete at least one RFP-specified alternate (Section E1, E2,
and/or E3) of thefollowing price worksheetas it relates to your proposal(s). Additional
Respondent-specified alternate price worksheets may be submitted and are
encouraged if they add value to Maplewood residents.
E.1 Alternate 1 – Bundled Trash and Recycling
E.1.1 TrashCollection Service at Single-FamilyDwellings
Proposed Trash CollectionFeeprice per Single-FamilyDwelling.Price must exclude
Trashdisposal tipping feesand should NOT include taxes or other charges.
Trash Collection Fee
($ per Single-FamilyDwelling per month)
Agreement Year
12345
7/1/23
1/1/20 to7/1/21 to7/1/22 to7/1/24 to
to
6/30/216/30/226/30/236/30/25
6/30/24
1812121212
Trash Service Level
monthsmonthsmonthsmonthsmonths
Mini (20-gallon), Every Other Week
(EOW):
Mini (20-gallon), Weekly:
Small (35-gallon) Weekly:
Medium(65-gallon), Weekly:
Large cart (95-gallon), Weekly:
E.1.2 Disposal Costs for Trash Collected from Single-FamilyDwellings
Disposal charges related to the cost of Trash tipping fees at the R&E Center shall be
itemizedon resident’s bills as a separate item from collection charges. In the table
below, propose your Trash disposal prices for the first twelve months of service in 2020
assuming the R&E Center tipping fees are set at $79.00 per ton (without any hauler
rebate). Trash disposal prices for subsequent years will be adjusted proportional to the
change (up or down) of the actual net R&E Center tipping fees for each future year.
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Proposed Trash Disposal Fee
($ per Single-Family Dwelling per month)
1/1/20 to
12/31/20
Trash Service Level12 months
Mini (20-gallon), Every Other Week (EOW):
Mini (20-gallon), Weekly:
Small (32-gallon) Weekly:
Medium (65-gallon), Weekly:
Large cart (95-gallon), Weekly:
E.1.3SeasonalYard-WasteCollection Subscription Service
The Contractorwill own the Yard Wastecarts. Service includes collection from a 95-
gallon YardWaste cart plus up to five (5), overflow Compostable Bags per Single-
Family Dwelling. CompostableBags mustbe used by residents for Yard Waste that is
not contained loose in Yard Waste carts.Prices shall include all collection and Yard
Waste disposal/composting facility tipping fees.(No annual fuel adjustments on any
Yard Waste fees.)
Seasonal Yard Waste Subscription Service
($ per Single-Family Dwelling peryear)
Agreement Year
1 2 3 4 5
1/1/20 to7/1/21 to7/1/22 to7/1/23 to7/1/24 to
6/30/216/30/226/30/236/30/246/30/25
Seasonal Yard Waste Subscription 1812121212
Service Optionmonthsmonthsmonthsmonthsmonths
Large cart (95-gallon) plus five (5)
overflow compostable bags, weekly
(April –November):
For each additional compostable
bag, weekly
E.1.4 “On-Call” (Pay Per Bag) Yard-WasteCollection Service
The Contractorshall provide an “On-Call” (pay per bag) Yard Waste service option for
residents in Single-Family Dwellings. Prices shall include all collection and Yard Waste
disposal/processing facility tipping fees.Only Compostable Bags allowed.
$ per Compostable Bag $Click or tap here to enter text.
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E.1.5 Recyclables Collection fromSingle-FamilyDwellings
Proposed price for weeklyRecyclablescollection from Single-Family Dwellings.
Assume the City will own the large (95-gallon) Recycling Carts. Prices shall include all
Recyclables processing/marketingcosts and charges(i.e., without any revenue/risk
sharing provision).
\[Note: You may submit anadditional Respondent-designed Recycling option with some
form of revenue/risk sharingfor collection of Recyclables from Single-Family Dwellings.
If you do so, your revenue/risk sharing option must be clearly described, prices and
formula itemized, and include at least one example annual calculationbased on 2019
market prices to-date.If you submit such an option, the City encourages you to submit
it in addition to your proposed prices without revenue/risk sharing below.\]
Recyclables Service from Single-Family Dwellings
($ per Single-Family Dwelling per month)
Agreement Year
1 2 3 4 5
7/1/23
1/1/20 to7/1/21 to7/1/22 to7/1/24 to
to
6/30/216/30/226/30/236/30/25
6/30/24
1812121212
Recycling ServiceFee
monthsmonthsmonthsmonthsmonths
Large cart (95-gallon), Weekly:
E.1.6 Recyclables Collection fromMulti-FamilyDwellings
Proposed price for Recycling service from Multi-FamilyDwellings.Assume all
Recycling carts and dumpsters will be owned by the City.Initial Recycling cart
assembly delivery will be rolled-out by the City. Recycling dumpsters will be rolled-out
by the Contractor. Includes all Recyclables processing/marketing costs and charges.
\[Note: You may submit an additional Respondent-designed Recycling option with some
form of revenue/risk sharing for Recyclables collection from Multi-Family Dwellings.
The same revenue/risk sharing option guidelines apply as stated above for Recycling
from Single-Family Dwellings.\]
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J2, Attachment 2
Recyclables Service from Multiple-Family Dwellings
($ per Multi-Family Dwelling unit per month)
Agreement Year
12345
7/1/23
1/1/20 to7/1/21 to7/1/22 to7/1/24 to
to
6/30/216/30/226/30/236/30/25
6/30/24
Recycling Service 1812121212
monthsmonthsmonthsmonthsmonths
Proposed price per Multi-Family
Dwelling unitper month:
E.2 Alternate 2 – Trash Only
Alternate 2includes Trash, Yard Waste and Bulky Item collection services only (i.e., no
traditional residential curbside Recycling).
E.2.1 TrashCollection Service at Single-FamilyDwellings
Proposed Trash collectionprice per Single-Family Dwelling.Price must exclude Trash
disposal tipping feesand should NOT include taxes or other charges.
Trash Collection Fee
($ per Single-Family Dwelling per month)
Agreement Year
12345
1/1/20 to7/1/21 to7/1/22 to7/1/23 to7/1/24 to
6/30/216/30/226/30/236/30/246/30/25
1812121212
Trash Service Level
monthsmonthsmonthsmonthsmonths
Mini (20-gallon), Every Other Week
(EOW):
Mini (20-gallon), Weekly:
Small (35-gallon) Weekly:
Medium (65-gallons), Weekly:
Large cart (95 gallons), Weekly:
Notes:Under this Alternate 2, the City will assume Trash disposal prices are the same
as proposed under Alternate 1, Section E.1.2 (Disposal Costs for Trash Collected from
Single-FamilyDwellings) unless specified otherwise.
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Under this Alternate 2, unless you specify otherwise in Form B (Questionnaire), it is
assumed that your proposed prices for Yard Waste and Bulky Item collection services
remain the same as per your Alternate 1 proposed prices (Sections E.1.3 and E.1.4
above).
If you are only submitting under this Alternate 2 and not under Alternate 1, please fill out
Forms in Sections E.1.3 and E.1.4 and indicate they are for your Alternate 2 (Trash
Only) proposal.
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E.3 Alternate 3 – Recyclable Collection Service Only
E.3.1 Weekly Recyclables Collection at Single-FamilyDwellings
All Recycling carts are provided by the City. Proposed Recyclables price per Single-
FamilyDwelling;weeklycollection service.Includes all Recyclables
processing/marketing costs and charges.
($ per Single-Family Dwelling per month)
1/1/20 to7/1/21to7/1/22 to7/1/23to7/1/24to
6/30/216/30/226/30/236/30/246/30/25
Proposed price per Single-
Family Dwelling unitper
month
E.3.2Recyclables Collection at Multi-FamilyDwellings
Provide a unit price for proposed collection price per each Multi-Family Dwellingunit
served with cartsand/ordumpsters. All carts and dumpsters are provided by the City.
Includes all Recyclables processing/marketing costs and charges.
($ per Multi-Family Dwelling unitper month)
1/1/20 to7/1/21to7/1/22 to7/1/23to7/1/24to
6/30/216/30/226/30/236/30/246/30/25
Proposed price per Multi-
Family Dwelling unitper
month:
E.4 Option to includeOrganics Collection Service
This option is an “add on” to your proposal for any of the above Alternates (not an
alternatesubstitute). A proposed price is requested, but not required. If a price is
proposed, the detailed service specifications must be provided in the Respondent’s
narrative proposal (e.g., implementation schedule, cart ownership, organics transfer
station, composting facility to be used, etc.)
The Respondent may proposethat a price be negotiated in good faith between the City
and the Contractor at a later date. The schedule and process for these negotiations
should be described in the Respondents proposal.
The City reserves the right to contract separately for this Organics recycling service.
Do you propose a price at this time for your proposed curbside Organics recycling
service? Yes No
If yes, specify the proposed price per household per month:
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J2, Attachment 2
Proposed curbside Organics collection price serving Single-FamilyDwellings:
Units: Proposed $ per Single-FamilyDwellingper month:
=$Click or tap here to enter text.per Single-FamilyDwelling per month
Signature of person duly authorized to sign submittal on behalf of the Respondent:
______________________________________________
Authorized Signature
Click or tap here to enter text. Click or tap here to enter text.
Print Name Date
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J2, Attachment 2
Form F: Listsof Trucks and Other Collection Equipment
Description of Collection Equipment and Routes:
Instructions:This form shall be executed by the official authorized to bind the
company.Information should be completed for each different model of equipment
proposed (including any spares). This list should include equipment to service both
residential (Single-FamilyDwellingsandMulti-FamilyDwellings) and commercial
accountsin the City
Trash and Yard Waste Collection
Make of ModelYear#Capacity/CuFuelDelivery Schedule,
Chassis & bic YardsTypeif not Currently
BodyOwned
Recycling Collection
Make of ModelYear#Capacity/CuFuelDelivery Schedule,
Chassis & bic YardsTypeif not Currently
BodyOwned
Signature of person duly authorized to sign submittal on behalf of the Respondent:
____________________________________________
Authorized Signature
Click or tap here to enter text. Click or tap here to enter text.
Print Name Date
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J2, Attachment 2
Form G.1: Acceptance of, or Exceptionsto, Draft Trash
Services Agreement
Relevant to:
Alternate 1 (Bundled Trash + Recycling), and
Alternate 2 (Trash Only)
Click or tap here to enter text.\[Respondent’s Company Name\] has reviewed the draft
City of MaplewoodContract (Attachment A) in the RFP.
We have no changes to request to the draft Agreementand we have no
exceptions to the proposed Agreementlanguage. We hereby certify that legal
counsel for our company has reviewed the draft Agreementand accepts the
language “as is”. If awarded the Contract by the City, we hereby certify that we will
execute the final Agreementwithout any changes.
Or
We have exceptions to the draft Agreementlanguage. We have proposed
changes to the draft Agreement. We have attached a redlined (“tracked changes”)
version of the draft Agreementthat itemizes our changes or exceptions. We
hereby certify that legal counsel for our company has reviewed the draft
Agreementand accepts the language with the proposed changes. No other
exceptions or changes are or will be proposed. If awarded the Agreement, we
hereby certify that we will execute the final Agreementif our proposed changes
are accepted by the City.
Signature of person duly authorized to sign submittal on behalf of the respondent:
______________________________________________
Authorized Signature
Click or tap here to enter text. Click or tap here to enter text.
Print Name Date
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J2, Attachment 2
Form G.2: Acceptance of, or Exceptions to,Draft
Recycling Services Agreement
Relevant to:
Alternate 1 (Bundled Trash + Recycling), and
Alternate 3 (Recycling Only)
Click or tap here to enter text.\[Respondent’s Company Name\] has reviewed the draft
City of MaplewoodAgreement(Attachment B) in the RFP.
We have nochanges to request to the draft Agreementand we have no exceptions
to the proposed Agreementlanguage. We hereby certify that legal counsel for our
company has reviewed the draft Agreementand accepts the language “as is”. If
awarded the Agreementby the City, we hereby certify that we will execute the final
Agreementwithout any changes.
Or
We have exceptions to the draft Agreementlanguage. We have proposed changes
to the draft Agreement. We have attached a redlined (“tracked changes”) version
of the draft Agreementthat itemizes our changes or exceptions. We hereby certify
that legal counsel for our company has reviewed the draft Agreementand accepts
the language with the proposed changes. No other exceptions or changes are or
will be proposed. If awarded the Agreement, we hereby certify that we will execute
the final Agreementif our proposed changes are accepted by the City.
Signature of person duly authorized to sign submittal on behalf of the respondent:
______________________________________________
Authorized Signature
Click or tap here to enter text. Click or tap here to enter text.
Print Name Date
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J2, Attachment 2
Form H: Acknowledgement of Receipt of Addenda
Acknowledge receipt of addenda to the City’s RFP for RecyclingCollection Services
with your signature. An opportunity to acknowledge up to five (5) addenda is included in
this form but does not necessarily mean that five (5) addenda will be provided.
Addendum 1Click or tap here to enter text.(Date)
Addendum 2Click or tap here to enter text.(Date)
Addendum 3Click or tap here to enter text.(Date)
Addendum 4Click or tap here to enter text.(Date)
Addendum 5Click or tap here to enter text.(Date)
Signature of person duly authorized to sign submittal on behalf of the Respondent:
______________________________________________
Authorized Signature
Click or tap here to enter text. Click or tap here to enter text.
Print Name Date
Click or tap here to enter text. Click or tap here to enter text.
Email Address Telephone
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J2, Attachment 2
Form I: Bulky Waste Item Price Worksheet
This Form I should be used by Respondents electing to submit a proposal under
Alternates 1 and 2. AllPricesshallbeinunitsof "$peritem." Pricesinthis
scheduleshould include collectionanddisposalor processing.No other charges or
fees may be included (e.g., administrative fees, environmental fees, fuel
surcharges, etc.). There will be no annual adjustments to these Bulky Item prices
or other changes without a written Amendment to the Agreement.
Thislistisintendedas a generalguideof the typesofBulky Items to becollected.It
isnotintended to beanexhaustivelistofallpotentiallyBulky Items eligiblefor
collectionunderthe newAgreement.Rather,theseitemsrepresentthesizeand
generalhandlingcharacteristicsasexamplesundereachpricecategory.TheCityor
Contractor mayrequestamendments to thislist from time to time.
Per-Item Fee Bulky ItemCollections
The followingBulky Item list shall be used for the provision of service:
Appliance (without Freon)=$Click or tap here to enter text.Per Item
Appliance (with Freon)=$Click or tap here to enter text.Per Item
Bathtub (cast iron)=$Click or tap here to enter text.Per Item
Bathtub (Steel or Fiberglass)=$Click or tap here to enter text.Per Item
Bed –Headboard/Footboard=$Click or tap here to enter text.Per Item
Bed Frame=$Click or tap here to enter text.Per Item
Bookcase=$Click or tap here to enter text.Per Item
Couch=$Click or tap here to enter text.Per Item
Couch w/ hide-a-bed=$Click or tap here to enter text.Per Item
Desk=$Click or tap here to enter text.Per Item
Dining Room Table=$Click or tap here to enter text.Per Item
Dresser=$Click or tap here to enter text.Per Item
Electronics=$Click or tap here to enter text.Per Item
End Table=$Click or tap here to enter text.Per Item
Grill Charcoal=$Click or tap here to enter text.Per Item
Grill Gas (no propane tanks)=$Click or tap here to enter text.Per Item
Hutch=$Click or tap here to enter text.Per Item
Kitchen Chair=$Click or tap here to enter text.Per Item
Kitchen Table=$Click or tap here to enter text.Per Item
Lawnmower/ Snowblower=$Click or tap here to enter text.Per Item
(Liquids must be drained)
Loveseat=$Click or tap here to enter text.Per Item
Mattress/ Box Spring=$Click or tap here to enter text.Per Item
Office chair=$Click or tap here to enter text.Per Item
Recliner/ EZ chair=$Click or tap here to enter text.Per Item
Roll of Carpet =$Click or tap here to enter text.Per Item
Tire=$Click or tap here to enter text.Per Item
Tire with Rim=$Click or tap here to enter text.Per Item
Toilet=$Click or tap here to enter text.Per Item
Other Items (specify)=$Click or tap here to enter text.Per Item
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J2, Attachment 2
Attachment A
Draft Trash Services Agreement
Packet Page Number 227 of 300
J2, Attachment 2
SERVICE AGREEMENT BETWEEN THE
CITY OF MAPLEWOOD
AND
\[CONTRACTOR TBD\]
FOR
COMPREHENSIVE RESIDENTIAL
TRASH COLLECTION SERVICES *
(*INCLUDING COLLECTION SERVICES FOR: YARD WASTE, BULKY ITEMS,
AND TRASH AND ORGANICS COLLECTION FROM CITY FACILITIES)
Packet Page Number 228 of 300
J2, Attachment 2
Table of Contents
1. INTRODUCTION.........................................................................................................1
2. DEFINITIONS..............................................................................................................1
3. GENERAL REQUIREMENTS FOR ALL COLLECTIONS..........................................1
Eligible Household Count.............................................................................................1
Term of Contract..........................................................................................................2
One-Year Extension Options.......................................................................................2
This Agreement Takes Precedent Over RFP and Contractor’sProposal....................2
Monthly and Annual Reports........................................................................................3
Five Year Implementation Plan....................................................................................4
Annual Work Plan........................................................................................................4
Annual Performance Review.......................................................................................4
Public Education Information for Eligible Households..................................................5
City Shall Approve All Contractor Public Education Tools...........................................5
Missed Collections......................................................................................................5
Postpone Trash Collection..........................................................................................5
Collection Hours and Days..........................................................................................6
Designated Contact Person........................................................................................6
Customer Complaints and Call Center Service...........................................................6
Accuracy of Call Center Responses............................................................................7
Weighing of Loads......................................................................................................7
Scavenging Prohibited................................................................................................7
Cleanup of Spillage or Blowing Litter..........................................................................8
Disposal and Recovery at Licensed and Permitted Facilities Only.............................8
Designated Disposal Facilities for Trash.....................................................................8
Recovery or Disposal of Yard Waste and Bulky Items................................................8
Vehicle Requirements................................................................................................. 8
Vehicle Inspections.....................................................................................................9
Personnel Requirements.............................................................................................9
Litter Pickup..............................................................................................................10
Truck Fluid Leaks or Spills........................................................................................10
Safety........................................................................................................................10
Truck and Driver Licenses and Permits....................................................................10
Performance Monitoring............................................................................................11
Liquidated Damages................................................................................................. 11
Accommodations for Road and Other Construction Projects....................................12
4. TRASH COLLECTION REQUIREMENTS................................................................13
Summary Scope of Services......................................................................................13
Collection Day Service Areas....................................................................................13
Trash Service Levels................................................................................................. 13
Trash Carts................................................................................................................13
Same Day Collections with Recycling Service Areas.................................................14
Point of Collection......................................................................................................14
Collection Schedule Deadline....................................................................................14
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Trucks Shall Be Equipped with Automatic Lifters.......................................................14
Trucks Shall Be Equipped with Wind Screens...........................................................14
Trucks May Be Equipped with RFID Data Management Systems............................14
Procedure for Handling Prohibited Materials.............................................................15
5. YARD WASTE COLLECTION REQUIREMENTS.....................................................15
Voluntary Yard Waste Subscription Service..............................................................15
Yard Waste Cart Requirements.................................................................................15
Base Yard Waste Service Level and Allowed Overflow Amounts..............................15
Scheduled Months for Yard Waste Collection Service...............................................15
6. BULKY ITEM COLLECTION REQUIREMENTS.......................................................16
Special Bulky Items Collection...................................................................................16
7. OTHER COLLECTION SERVICE REQUIREMENTS................................................16
Separate Christmas Tree Collection Service.............................................................16
Food Waste and Other Organic Waste......................................................................16
8. BILLING FOR SERVICES.........................................................................................16
Base Trash Collection Fee (BTCF)............................................................................16
Pay As You Throw Price Schedule............................................................................16
Additional Trash Cart Price........................................................................................16
Additional Overflow Trash Bag Price.........................................................................17
Portion of BTCF related to fuel vs. non-fuel costs........Error! Bookmark not defined.
CPI Price Adjustment on the Non-Fuel Portion of the BTCF.......Error! Bookmark not
defined.
Fuel Adjustment on the Fuel Portion of the BTCF......................................................17
Trash Disposal Fees..................................................................................................17
Trash Disposal Fee Adjustments...............................................................................17
Trash Cart Exchange/Replacement Delivery Fee.....................................................17
Yard Waste Removal Fee.........................................................................................17
Yard Waste Annual Adjustment..................................Error! Bookmark not defined.
Yard Waste Overflow Fee.........................................................................................18
Special Bulky Items Fee............................................................................................18
Electronic Waste Fee................................................................................................18
Other Bulky Items Fee..............................................................................................18
Credits for Extended Vacations.................................................................................18
Bad Debt / Delinquent Accounts...............................................................................19
9. INSURANCE AND OTHER LEGAL REQUIREMENTS............................................19
Insurance...................................................................................................................19
Workers Compensation Insurance.............................................................................20
Commercial General Liability Insurance....................................................................20
Commercial Automobile Liability Insurance...............................................................20
Transfer of Interest.....................................................................................................20
Non-Assignment and Bankruptcy...............................................................................20
Dispute Resolution and Arbitration Procedures.........................................................20
Performance Bond.....................................................................................................21
General Compliance..................................................................................................21
Independent Contractor............................................................................................21
Hold Harmless..........................................................................................................21
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Accounting Standards...............................................................................................22
Retention of Records................................................................................................22
Data Practices...........................................................................................................22
Inspection of Records...............................................................................................22
Applicable Law..........................................................................................................22
Agreement Termination.............................................................................................22
Employee Working Conditions and Contractor’s Safety Procedures.........................23
Agreement Amendments..........................................................................................23
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J2, Attachment 2
1.INTRODUCTION
This Agreement is made thisday __________________, between the City of
Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and
\[CONTRACTOR TBD\](the “Contractor”).
WITNESSETH:
WHEREAS, the City supports a comprehensive residential TrashCollection
program and desires that high-quality, cost-effective,TrashCollectionservices be
available to all its residents with transparent pricing and minimum City administration;
WHEREAS, the City released a request for proposals (“RFP”) for comprehensive
Trashand Recycling Collectionservices (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 tothe City’s questions about the
Contractor’s proposal (incorporated herein to this Agreement by reference);and
WHEREAS, the City Council authorized staff to begin negotiations with the
Contractor to develop a draft Agreement; and
WHEREAS, the City Council authorized execution of the Agreement.
NOW, THEREFORE, the City and Contractor mutually agree to this Agreement,
in consideration of the mutual promises and covenants contained herein.
2.DEFINITIONS
Definitions for this Agreement are contained in Appendix A to this Contract.
3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS
The following general requirements are pertinent to all collections services: Trash,Yard
Waste,Bulky Items, City facilities Trash and Organics Waste Collection services, and
Spring Clean Up. More detailed specifications about Collectionfrequencies, levels and
other factors unique to each type of service are described within specific Sections in this
Agreement.
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
Page 1 of 24
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J2, Attachment 2
that have opted into the City’s trash service. According to the City’s solid waste
ordinance, townhomes and manufactured homes canhave their own private Trash
Collectioncontract, but can opt into the City’s Trashcontract. The City will provide a list
of eligible households, current billing and service name, address, and service level as
selected by the resident by November 1, 2019.
Excluded from this eligible Single-Family Dwellingscount are approximately 2,348
townhomesandmanufactured homes that have not opted into the City’s Trash
contract, but could do so in the future.
Each year, 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
propertytax identification numbers to monitor changes to the household counts. The
Contractor may use its customer data base, billing records, and route data from their
drivers and operations personnelto monitor changes to the household counts.
Term of Contract
The term of the Agreement shall be from date of execution through June 30, 2025.
Actual Collectionservice operations will be a period from January 1, 2020through June
30,2025. The City may consider an extension if mutually agreed to in writing by the
City and the Contractorat least eighteen (18) months prior to the end of any current
term of this Agreement.
One-Year Extension Options
Any extensionwill be subject to the City’s sole determination of the service and of the
City residents’ best interests. The basic elements and terms of this Agreement must be
retained in place for such extensions. Minor amendments may be negotiated between
both parties.
The Contractorshall not consider the right of the City to extend the initial five (5) year
and six (6) month term with extensions to constitute or imply any obligation by City to
renew the Contract. Nothing in this Agreement shall be interpreted or implied to mean
that the City will extend or negotiate beyond June 30, 2025.
This Agreement Takes Precedent Over RFP and Contractor’s
Proposal
The contents of the City’s Request for Proposal (RFP) for Trash and Recycling
CollectionServices (dated ______________________ \[TBD\]), the Contractor’s
proposal (dated______________________ \[TBD\]), and the Contractor’s responses to
City questions (dated ______________________ \[TBD\]) 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.
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J2, Attachment 2
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 themonthly reports:
Trash cart size / Collectionservice level, including weekly andevery other week
(EOW)
Total quantities of Trash collected (in tons)
Total quantities of Yard Waste collected(in tons)
Total quantities of Bulky Itemscollected (in tonsor item counts)
Revisions to any counts of eligible households served
Number of Trashcart switches, repairs and replacements
Service log of all resident addresses where education tags were left because of
prohibited materials set out for TrashCollectionor other forms of non-
compliance.
Log of all complaints, including the nature of the complaints, to include the
following: names, addresses, and contact numbers of the complainants; the date
and time received; the Contractor’s response; and the date and time of the
response.
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 anannual
summary total for the year
Total number of households served by:
Single-Family Dwellingsserved
Dwellings within homeowners’ associations (e.g., townhomes, manufactured
home, or other planned unit developments)
Route by day
Residents with walk-in service
th
Monthly reports shall be due to the City by the fifteenth (15) day of each monthfor the
previous month’s data. Annual reports shall be due by January 31 of each yearfor the
previous year’s data. The Contractor and City shall agree on mutually acceptable data
report formats (e.g., MicrosoftWord and/orExcel spreadsheet documents). The
Contractor will be encouraged to include in its annual report recommendations for
continuous improvement in the City’s Trashprogram (e.g., public education, customer
service communications, etc.).
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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 thePAYT 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. One item
in the annual work plan is to itemize any proposed amendments to the “five–year”
implementation schedule as outlined above.
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 amendmentsto this
Agreement.
Annual Performance Review
Upon receipt of the Contractor’s annual report, the City shall schedule an annual
meeting with the Contractor. The objectives of this annual meeting will include, but not
be 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.
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Discuss other opportunities for improvement with the remaining years under the
current Agreement.
Public Education Information for Eligible Households
TheCity 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
Collectiondays.
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., Prohibited Materials,Bulky Items, Yard Waste,or other waste requiring separate
Collectiontrucks) and a phone number to call to place an order for a special Collection.
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, “Call them all” telephone
messages, etc.) for approval by the City, at least one (1) month before printing,
distributionor other releaseof any such literatureor tools.No Prohibited Mailings or
public education materials or other communications to City residents shall be produced
or distributed without prior City written approval.
Missed Collections
The Contractor shall have a duty to pick up missed Trashcollections. The Contractor
agrees to pick up all missed collections on the same day the Contractor receives notice
of a missed Collection, provided notice is received by the Contractor before 11:00 a.m.
on a business day. With respect to all notices of a missed Collectionreceived after
11:00 a.m. on a business day, the Contractor agrees to pick up that missed Collection
before 4:00 p.m. on the following business day. If the resident did not have their
container in place for Collectionat the time when the Contractor provided service, it is
not deemed a “missed Collection”.
Postpone Trash Collection
After consultation with the City, the Contractor may postpone collections due to severe
weather or other causes outside the Contractor’s reasonable discretion. Every effort
shall be made by the Contractor to coordinate severe weather service postponement
announcements with the Cityso that mixed messages are not 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
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postponement, Collectionwill be made on the next day following the conclusion of the
service weather event, or ASAP at the discretion of the Contractor.
Collection Hours and Days
The City requires all such collections begin no sooner than 6 a.m. and shall be complete
by 6 p.m. Furthermore, the City requires scheduled Collectiondays to be Monday
through Friday, and 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 telephoneor 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. Thedesignated contact
person shall be available via phone and e-mail during customer service hours and
whenever trucks are providing service within the City.
Customer Complaintsand Call Center Service
The Contractor shall provide staffing of a telephone equipped office to receive missed
Collectioncomplaints and other complaints between the hours of 7:00 a.m. until 5: 00
p.m. on all days of Collectionas specified in this Contract. Phone calls to the
Contractor for any reason must be answered by a “live person” rather than a 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.The Contractor may have music or
City-approved educational information during the one (1) minute delay but no “prompts”
of any kind. Return calls to voice mail messages 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 left after 4:00 p.m. must be returned prior to 8:30 a.m. the next business day.
Recorded messages of the Contractor shall request a daytimephone number where the
caller can be reached. TheContractor may also request an email address for
customersin addition to a daytimephone number.
The Contractor shall have an answering machine or voice mail system activated to
receive phone calls after hours. The address and telephone numbers of such office
shall be given to the City in writing, with ten (10) days prior notice of changes therein.
The address of this office as of the execution of the Agreement is __________\[TBD\].
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.
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Accuracy of Call Center Responses
The City will produce a fact sheet containingfrequently 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 notifythe 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 Cityresidents.
The City will notify the Contractor immediately if the City receives any legitimate
complaints about the accuracy of answers given by the Contractor’s customer service
call center staff. The Contractor shall take corrective action to cure the mistake and
notify the City of the actions taken and means to prevent recurrence.
The City may make anonymous phone calls to the Contractor acting as if the call is from
the general public to ask selected questions. If such calls are made, an email report
summarizing the accuracy of the customer service representatives’ responses will be
provided back to the Contractor.
Weighing of Loads
Contractor will keep accurate records consisting of an approved weight slip with the
date, time, Collectionroute, driver’s name, vehicle number, tare weight, gross weight,
andnet 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 interferes with the contracted
services.
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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
wasteshall 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 thecontrary 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 wasteand other materials only at facilities that are properly
licensed and permitted for those materials.The Contractor is required to notify the City
30 days prior to changing any disposal facilities and receive City approval. City
approval will not be unreasonably withheld.
Designated Disposal Facilities for Trash
The Contractor shall dispose of all Trashcollected in the City at a Resource Recovery
Facility consistent with the current Minnesota Waste Management Act (M.S. 115A),
Ramsey County Solid Waste Master Plan, Ramsey County facility operating contracts
and other Ramsey County policies.
The City intends that the designated resource recovery facility at the onset of this
Agreementwill be the Ramsey/Washington Recycling & Energy Center(R&E Center) in
Newport, MN.
Ifthe R&E Centeris not reasonably available, the Contractor will notify the City
immediately. The City will then contact RamseyCounty for further direction and current
policy guidance. The City and Contractor may then negotiate a mutually agreeable plan
for Trashdisposal that is consistent with the requirements ofthis 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
Vehicles shall be clearly signed on both sides as a TrashCollection vehicle. In addition,
all Collection vehicles used in performance of the Agreement shall:
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Be marked with the name and telephone number of the Contractor prominently
displayed on both sides of thetruck.
Operate within the weight allowed by Minnesota Statutes and local ordinances.
Be duly licensed and inspected by the State of Minnesota.
Have a maximum loaded weight not to exceed 40,000 pounds.
Have a two (2) way communication device.
Have a firstaid 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 proposed services, trucks and facilities are subject to inspection, approval, and
acceptance by the City. The City will give reasonable notice of such inspections. The
Contractorwill not be responsible for normal City inspection costs.
Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of this Agreement. Contractor’s personnel shall be trained both in
program operations and in customer service, and insure that all personnel maintaina
positive attitude with the public and in the work place, and shall:
Conduct themselves at all times in a courteous manner and use no abusive or
foul language.
Make a concerted effort to have at all times a presentable appearance and
attitude.
For drivers and helpers, wear a uniform and employee identification badge or
name tag.
Drive in a safe and considerate manner.
Manage curbside Trashcarts in a careful manner so as to avoid spillage and
littering, or damage to the cart.
Monitor for any spillage and be responsible for cleaning up any litter.
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Avoid damage to property.
Not perform their duties or operate vehicles while consuming alcohol or illegally
using controlled substances or while under the influence of alcohol and/or such
substances.
Litter Pickup
The Contractor shall be responsible for Collectionand pickup of any litter spilled during
cart unloading, driving or other Collectionoperations.
Truck Fluid Leaks or Spills
The Contractor shall submit its plan to the City for responding to any leak, spill or other
release of truck fluids (e.g., oil, fuel, anti-freeze, hydraulic fluid, etc.). This plan must
provide that the Contractor respond immediately and make efforts to contain and clean
the leak. Cleaning shall include complete removal of any fluid released. If grass is
damaged to the point that it cannot live, the Contractor shall be responsible for turf
replacement.
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, equipment, facilities,
working conditions, training manuals, records of claims for Worker's Compensation or
safety violations and standard operating procedures documents.
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) Trash,Yard Waste, and Bulky
Item Collectionoperations.
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.
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Performance Monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this Agreement, the City’s ordinances and the City’s Solid
Waste Management Standards. Substandard performance as determined by the City in
its sole discretion will constitute non-compliance. If action to correct such substandard
performance is not taken by the Contractor within sixty (60) days after being notified by
the City, the City may initiate Agreement termination procedures.
Liquidated Damages
This Agreement requires Contractorto meet the following performance standards:
Deliver quality and timely Trash Collectionservices to residents as set forth in the
referenced RFP,Contractor’s proposal and clarifications, and this Agreement.
Meet other conditions as described herein for Collectionand transportation of
Trashto the designated Trash disposal facility.
City and Contractorshall 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.
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. 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.
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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.
TheCity may itemize and deduct liquidated damages from the monthly payments to
Contractor.
TheCity may withhold funds from future bad debt payments in the amounts specified
below asliquidated damages for failure of the Contractor fulfilling its obligations, in
addition to any other remedies available to the City:
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 litter or spills that knowingly occur during Collection
operations – two hundred fifty dollars ($250) per incident.
F. Failure to report on changes in location of Trashdisposal – two hundred fifty
dollars ($250) per incident.
G.Making changes to the Collection and Disposal systems prior to receiving City
approval to implement any such change – five thousand dollars ($5,000) per
incident.
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 Agreement and not subject to cure.
Accommodationsfor Road and Other Construction Projects
The City, County and State reserve the right to improve any street or alley. Such road
construction projectsmay temporarily prevent theContractor from traveling its
accustomed route or routes for Collection.The Contractor shallcontactthe City prior to
each constructionseason to determine areas of conflict and possible alternate routes or
solutions. The Contractors shall work with the City to maintain regular or modified
service during street reconstructionprojects.
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4.TRASH COLLECTION REQUIREMENTS
Summary Scope of Services
TheTrash Collectionwill continue to be by the same specific City Service Areas every
Monday through Friday and shall be provided weekly or every other week depending on
theservice level selected.
Collection Day Service Areas
The City is divided into four orfive Service Areas\[TBD\]which correspond to each of the
four orfive 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, Every Other Week(“EOW”)
20-gallon,weekly
32-gallon,weekly
65-gallon,weekly
95-gallon,weekly
Residents may request additional Trash carts.
Trash Carts
All occupants of residential dwelling units in the City shall be required by ordinance to
keepTrashin approved wheeled Trashcarts, not Trashcans.Standardized Trash carts
arepurchased 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 document
and report the cart replacement and repair rate in accordance with the City’s Trash cart
policyand procedures. The Contractor will be responsible for managing and completing
warrantywork on the carts. Residents shall have the option of requesting an additional
cart(s) for anadditional fee as specified in thisAgreement.
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Same Day Collections with Recycling Service Areas
The Contractor shall collect Trashweekly 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 TrashCollectionservice will occur at the curb, with the following exceptions:
A. Elderly residents or those with short or long-term physical limitations who
require house-side “Walk-Up”Collection Service.
B. Alley collections for the few, designated blocks that do not have adequate
access to curbside TrashCollectionservice due to the topography of the
street and boulevard.
Collection Schedule Deadline
If the Contractor determines that the Collectionof Trashwill not be completed by 7:00
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 will request the City Manager.
TrucksShall 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 MayBe Equipped with RFID Data Management Systems
The Contractor’strucks purchased and used for the City maybe equipped with on-
board radio frequency identification (RFID) systems to read the RFID tags installed in
the City Trashcarts when the carts are emptied in the Contractor’s trucksas a means to
count Trash cartset-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.
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Procedure for Handling ProhibitedMaterials
If Contractor determines that a resident has set out Prohibited Materials, the driver shall
use the following procedure:
A. Contractor shall leave the Prohibited Materials in the resident’s curbside
Trashcart and leave an “education tag” indicating prohibited materials and
the proper disposal method and/or other disposal options.
B. The driver shall record the address and the Contractor shall report the
address to the City in the required monthly report.
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 providea separate,95-gallon Yard Waste cartto City residents
eligible for service that subscribe for this additionalYard Waste Collectionservice. City
residents shall have the choice to subscribe to this optional service. TheYard Waste
cart shall have unique labeling (e.g., “Yard Waste”) and City-approved resident
instructions.TheYard 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 1through November30,
weather permitting.
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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. The Christmas Tree shall be cut to no
more than six (6) feet in length. 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 anOrganic Waste pilot Collectionprogram. The Contractor shall
participate with the City in the planning and design of this pilot Collectionproject.
Prices, scope and schedulefor any such additional separate Collection services will be
negotiated as part of the planning for this project.
8.BILLING FOR SERVICES
Trash Collection Fee
TheTrash Collection Feeschedule is contained within Appendix E\[TO BE ATTACHED
AND INCORPORATED INTO THE FINAL AGREEMENT. TBD\]. 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 PAYT policy goal is for price increments
to be at least fiftypercent(50%) by Agreement year five (7/1/2024 through 6/30/2025).
Additional Trash Cart Price
The additional Collectionprice for each additional Trashcart is contained in Appendix E.
This additional cart price is fixed for the term of this Agreement and shall not be
adjusted(i.e., no annual fuel adjustments).
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Additional Overflow Trash Bag Price
The additional Collectionprice for each overflow bag of Trashiscontained in Appendix
E. This additional overflow Trashbag price is fixed for the term of this Agreement and
shall not be adjusted(i.e., no annual fuel adjustments).
Fuel Adjustment on the Fuel Portion of the BTCF
The fuel portion of the Trash Collection Feewill be adjusted annually to reflect the
percent change in indexed diesel prices. The index shall be _______\[TBD\].The fuel
portion of the Trash Collection Fee shall beadjusted proportionately by the annual fuel
index. The fuel portion of the Trash Collection fee will be adjusted by the relative
change each year compared to the benchmark date.
Trash Disposal Fees
Trash Disposal Fees per month shall be as in Appendix E.
Trash Disposal Fee Adjustments
The Trashdisposal costs in the Agreement will beadjusted annually to reflect changes
in actual tipping fees. The actual 2020tipping fee at the Trashdisposal facility will be
defined as the benchmark year disposal price. The Contractor’s Trashdisposal costs
will be adjusted proportionally each yearbased on the change in actual tipping fees
compared to the 2020benchmark year tipping fees.The Contractor shall notify the City
as soon as the tipping fees for the next year are known, approximately in November
each year.
Ifthe 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 accompaniedby 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.
Trash Cart Exchange/Replacement Delivery Fee
Residents shall be allowed to change their cart size a maximum of once per year
without incurring an exchange fee. The Contractor’s price to deliver a cart or carts
thereafter as an exchange or addition to an existing household, as a one-time price per
occurrence, as contained in Appendix E. This additional cart exchange/replacement
delivery fee is fixed for the term of this Agreement and shall not be adjusted.
Yard Waste RemovalFee
The annual price per household for separate Yard Waste Collection/disposal service
collected once per weekfor eight months of the year (April through November) is
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contained in Appendix Efor a standard 95-gallon Yard Waste cartplus up to five
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 Feescover both the Contractor’s costs of Collection
operations 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).
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, orthermostats.This special Bulky Items
fee shall be fixed for the term of this Agreement without any annual adjustments (e.g.,
no annual fuel adjustments).
Electronic Waste Fee
The price per Collectionoccurrence for electronic waste that requiresspecial
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).
Credits for Extended Vacations
Residents shall be given credit on their next Trashbill for extended vacations of at least
three(3) weeks or more. The value of the vacation credit shall be up to the prorated
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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, emailsand 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 three monthspast due. The Contractor may impose their own administrative
service fee of ___ percent ( ___%)of the balance due for delinquent accounts over six
months past due provided that at least twowritten noticeswere first sentto 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.
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. 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.
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 Agreement. The Contractor and its sub-contractors shall secure and
maintain the followinginsurance as itemized below.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of
the Contractor. Any policy deductibles or retention shall be the responsibility of the
Contractor. The Contractor shall control any special or unusual hazards and be
responsible for any damages thatresult from those hazards. The City does not
represent that the insurance requirements are sufficient to protect the Contractor's
interest or provide adequate coverage. Evidence of coverage is to be provided on an
ACORD Insurance Certificate. A thirty (30)-day written notice is required if the policy is
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canceled. 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 -
Employers 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.
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.
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 ofthe 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
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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
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 defined pursuant to the Living Wage Calculator produced by PennsylvaniaState
University as a means to estimate the cost of living within specific geographic locations.
For more information, link to the Living Wage Calculator for Ramsey County, MN at:
http://www.livingwage.geog.psu.edu/counties/27123.
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 Contractorwith 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 act or omission of the
Contractor, its employees, its agents, or employees of subcontractors, in the
performance of the services provided by this Agreement, any resulting environmental
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liability that is a result of this Agreement or by reason of the failure of the Contractor to
fully perform, in any respect, any of its obligations under this Agreement.
Accounting Standards
The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices to
properly account for expenses incurred under this Agreement.
Retention of Records
The Contractor shall retain all records pertinent to expenditures incurred under this
Agreement for a period of six (6) years after the resolution of all audit findings. Records
for non-expendable property acquired with funds under this Agreement shall be retained
for six (6) years after final disposition of such property.
Data Practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act
and all other applicable state and federal laws relating to data privacy or confidentiality.
Individual household set-out data (e.g., number and date of TrashCollections) shall be
held as confidential, non-public data by the Contractor. The Contractor must
immediately report to the City any requests from third parties for information relating to
this Agreement. The City agrees to promptly respond to inquiries from the Contractor
concerning data requests. The Contractor agrees to hold the City, its officers, and
employees harmless from any claims resulting from the Contractor’s unlawful disclosure
or use of data protected under state and federal laws.
Inspection of Records
All Contractor records with respect to any matters covered by this Agreement shall be
made available to the City or its designees at any time during normal business hours, as
often as the City deems necessary, to audit, examine, and make excerpts or transcripts
of all relevant data.
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
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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 Compensationor
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.
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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:____________________________
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Attachment B
Draft Recycling Services Agreement
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SERVICE AGREEMENT BETWEEN THE
CITY OF MAPLEWOOD
AND
\[CONTRACTOR TBD\]
FOR
COMPREHENSIVE RESIDENTIAL *
RECYCLING SERVICES
(*INCLUDING RECYCLABLES COLLECTION SERVICES FOR FROM CITY FACILITIES)
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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
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
Weighing of Loads......................................................................................................6
Monthly and Annual Reports.......................................................................................7
Ownership of Recyclables...........................................................................................7
Scavenging Prohibited................................................................................................7
Cleanup of Spillage or Blowing Litter..........................................................................8
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............................10
Personnel Requirements...........................................................................................10
Truck Fluid Leaks or Spills........................................................................................10
Safety........................................................................................................................11
Licenses and Permits................................................................................................11
Performance Monitoring............................................................................................11
Liquidated Damages................................................................................................. 11
4. CURBSIDE COLLECTION REQUIREMENTS...........................................................13
Weekly Collection......................................................................................................13
Point of Collection......................................................................................................14
Curbside Collection Schedule Deadline.....................................................................14
Procedure for Handling Non-Targeted Materials........................................................14
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4.4.1. On-Board Truck Cameras to Monitor Materials During Loading..................14
4.4.2. Procedure for UnacceptableMaterials.........................................................14
Records of Non-Participants......................................................................................14
Public Education Information for Single Family Residents.........................................15
5. MULTI-FAMILY COLLECTION REQUIREMENTS....................................................15
Multi-Family Dwellings Building Owners May Elect to Subscribe to City’s Recycling
Service......................................................................................................................15
Multi-Family Dwellings Collection Stations................................................................. 15
5.2.1. Multi-Family Dwellings Container Location(s)..............................................15
Multi-Family Dwellings Service Standards................................................................. 15
Multi-Family Dwellings Recycling Container Requirements.......................................16
Responsibility for Providing and Maintaining Multi-Family Dwellings Recycling
Containers.................................................................................................................16
Public Education Information for Tenants with Multi-Family Dwellings Recycling Service
16
Other Public Education Tools to Residents with Multi-Family Dwellings Recycling
Service......................................................................................................................16
Annual Report to Multi-Family Dwellings Building Owners........................................17
Municipal Facilities Collection Requirements.............................................................17
6. INSURANCE AND OTHER LEGAL REQUIREMENTS.............................................17
Insurance...................................................................................................................17
6.1.1. Workers Compensation Insurance...............................................................18
Commercial General Liability Insurance....................................................................18
Commercial Automobile Liability Insurance...............................................................18
Environmental Liability Insurance..............................................................................18
Transfer of Interest.....................................................................................................18
Non-Assignment and Bankruptcy...............................................................................19
Dispute Resolution and Arbitration Procedures.........................................................19
Performance Bond.....................................................................................................19
General Compliance..................................................................................................19
Independent Contractor............................................................................................19
Hold Harmless..........................................................................................................20
Accounting Standards...............................................................................................20
Retention of Records................................................................................................20
Data Practices...........................................................................................................20
Inspection of Records...............................................................................................21
Applicable Law..........................................................................................................21
Contract Termination................................................................................................. 21
Employee Working Conditions and Contractor’s Safety Procedures.........................21
Agreement Amendments..........................................................................................21
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1.INTRODUCTION
This Agreement is made this __________________, between the City of
Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and
\[CONTRACTOR TBD\](the “Contractor”).
WITNESSETH:
WHEREAS, the City supports a comprehensive residential Recycling program
and desires that high-quality Recycling services be available to all its residents; and
WHEREAS, the City supports curbside Recycling from Single-Family Dwellings
as part of an overall landfill abatement program; and
WHEREAS, the Citysupports Multi-Family Dwelling Recyclingservices as
another part of an overall landfill abatement program; and
WHEREAS, Ramsey County has funding available for such residential Recycling
services; and
WHEREAS, the Contractor has submitted a proposal for comprehensive
Recycling services to the City;
NOW, THEREFORE, the City and Contractor mutually agree as follows, in
consideration of the mutual promises and covenants contained herein:
2.DEFINITIONS
Definitions for this Agreement are contained in Appendix A to this Contract.
3.GENERAL REQUIREMENTS FOR ALL COLLECTIONS
The following general requirements are pertinent to all Recycling Collectionservices:
Single-Family Dwellings, Multi-Family Dwellings and City buildings & parks facilities.
More detailed specifications about Collectionfrequencies, levels and other factors
unique to each type of service are described below within specific sections in this
Agreement.
Term of Contract
The term of the Agreement shall be from date of execution through June 30, 2025.
Actual Collectionservice operations will be a period from January 1, 2020through June
30, 2025. The City may consider 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.
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Extension Options
Any extensionwill be subject to the City’s sole determination of the service and of the
City residents’ best interests. The basic elements and terms of this Agreement must be
retained in place for such extensions. Minor amendments may be negotiated between
both parties.
The Contractorshall not consider the right of the City to extend the initial five (5) year
and six (6) month term with extensions to constitute or imply any obligation by City to
renew the Contract. Nothing in this Agreement shall be interpreted or implied to mean
that the City will extend or negotiate beyond June 30, 2025.
Annual Work Plan
The Contractor shall submit an annual work plan proposal no later than November1 for
the upcoming calendar year to outline key priorities for system improvements. Public
education tools shall be itemized and approximate timelines described. Other service
improvements may also be included in the work plan. The City shallreview and
approve the work plan by no later than December 15each year. 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, the City shallschedule an annual
meeting 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 ratesand 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 sort all City-designated Recyclables. City-provided Recycling cartswill be
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used to serve Single-Family Dwellings. City-provided 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”.
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 receiptof the invoice. The billing system
will include the following elements:
3.6.1.Per Dwelling Unit Feefor Single-Family Dwellings
The City has determined there are 11,680 Single 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 of
$_________________ \[TBD\]per unit per month. This price includesall Recyclables
processing/marketing costs and charges.The City has determined that there are
11,680Single-Family Dwelling unitscurrently served by the City’s curbside Recycling
service. This count of Single-Family Dwelling units include someof the townhomes and
manufactured homes that served by City-contracted curbside Recycling.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 is contained in Appendix E \[TO BE ATTACHED AND INCORPORATED INTO
THE FINAL AGREEMENT. TBD\].
3.6.2.Per Dwelling Unit Fee for Multiple-Family Dwellings
The City has determined that there are4,182 Multi-Family Dwelling units currently
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 price for perMulti-Family Dwellingunit shall be $_________________
\[TBD\].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 \[TBD\].
3.6.3.Fuel Adjustment
The fuel portion of the Recyclables Collection fee will be adjusted annually to reflect the
percent change in indexed diesel prices. The index shall be _______\[TBD\].The fuel
portion of the Recyclables Collection fee shall beadjusted proportionately by the annual
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fuel index. The fuel portion of the Recyclables Collection fee will be adjusted by the
relative change each year compared to the benchmark date.
RFP and Contractor’s Proposal
The contents of the City’s Request for Proposal (RFP) for Recycling Services (dated
________, 2019\[TBD\]) and the Contractor’s proposal (dated ________, 2019\[TBD\])
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 Collectionbefore 4:00 p.m. on the following business day.
Postpone Recycling Collections
After consultation with the City, the Contractor may postpone collections due to severe
weather or other causes outside the Contractor’s reasonable discretion. Every effort
shall be made by the Contractor to coordinate severe weather service postponement
announcements with the City so that mixed messages are not 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 ASAP at the discretion of the Contractor.
Collection Hours and Days
The City requires all such collections to begin no sooner than 7 a.m.and shall be
complete by 7 p.m. Furthermore, the City requires scheduled Collectiondays to be
Monday through Friday, and agreed upon Saturdays during holiday weeks. The
Contractor may request City approval of exceptions to these time and day requirements
(e.g., pursuant to the “Postpone Recycling Collections”section). 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.
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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. Thedesignated 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 Collectionas specified in this Agreement. Phone calls to the
Contractor for any reason must be answered by a “live person” 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.The Contractor may have music or
City-approved educational information during the one (1) minute delay but no “prompts”
of any kind. Return calls to voice mail messages 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 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. TheContractor may also request an email address for
customersin 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 office as of the execution of the Agreement is
_________________________________, \[TBD\]Minnesota and the telephone number
is _____________, \[TBD\]. 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 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
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for the final document will rest with the City. The City may from time-to-time update the
FAQs fact sheet as needed and will notify the Contractor and solicit input on the
changes.
The Contractor’s customer service call center staff serving the City shall be trained on
the use and compliance requirements for following the FAQs fact sheet when answering
questions from Maplewood residents.
The City will notify the Contractor immediately if the City receives any legitimate
complaints about the accuracy of answers given by the Contractor’s 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
It is the City’s sole right to clearly specify the resident sorting and setout requirements.
TheCityshall 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 to be left by Contractor’s Collectioncrews at the time any material is left
behind withoutbeing collected to instruct residents why the material was not collected
(e.g., Prohibited Materials).
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 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.
Weighing of Loads
Contractor will keep accurate records consisting of an approved weight slip with the
date, time, Collectionroute, driver’s name, vehicle number, tare weight, gross weight,
net weight and number of Recyclingstops for each loaded vehicle. Collection vehicles
will be weighed after completion of a route or at the end of the day, whichever occurs
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first. A copy of each weight ticket shall be kept on file and made available for inspection
upon request by the City.
Monthly and Annual Reports
The Contractor will submit to the City monthly and annual reports. At a minimum, the
Contractor shall include the following information in these reports:
Total quantities of RecyclableMaterials collected, by material type (in tons).
Net quantities of Recyclable Materials marketed, by material type (in tons).
Quantity of process residual disposed of (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.
th
Monthly reports shall be due to the City by the fifteenth (15) day of each month.
Annual reports shall be due by January 31 of each year. The Contractor will be
encouraged to include in its annual report recommendations for continuous
improvement in the City’s Recycling program (e.g., public education, Multi-Family
Recycling, etc.).
Ownership of Recyclables
Ownership of the Recyclablesshall remain with the person placing them for Collection
until Contractor’s personnel physically touches them for Collection, at which time the
ownership of the Recyclablesshall transfer to the Contractor.
Scavenging Prohibited
All RecyclableMaterials placed for Collectionshall be owned by and are the
responsibility of the occupants of residential properties until the Contractor handles
them. Upon Collectionof the designated Recyclable Materials by the Contractor, the
RecyclableMaterials become the property and responsibility of the Contractor.
It is unlawful for any person other than the City’s Recycling Contractor orowner’s
independent hauler to collect, remove, or dispose of designated Recyclablesafter the
materials have been placed or deposited for Collectionin the Recyclingcontainers. 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.
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Cleanup of Spillage or Blowing Litter
The Contractor shall clean up any material 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. Designated
Recyclablesshall be transported in a covered vehicle so that theRecyclablesdo 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 Recyclablesto a RecyclableMaterialprocessing center, an end market for
sale or reuse, or to an intermediate Collectioncenter for later delivery to a processing
center or end market. It is unlawful for any person to transport for disposal or to dispose
of designated Recyclablesin a mixed municipal solid waste disposal facility. The
Contractor shall not landfill, incinerate, compost or use the Recyclables as fuel for waste
to energy.
Processing Facilities
The Contractor shallassure the City that adequate Recyclable Material processing
capacity will be provided for City material collected. The Contractor shall provide written
notice to the City at least sixty (60) days in advance of any substantial change in plans
for receiving and processing Recyclables collected 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 ascollected 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.
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The Contractor shall give the City as much notice as possible about the indications of
such market condition changes.
The City and Contractor shall agree on a date in a written Agreement amendment to
cease Collection of the recyclable item in question. The Contractor shall at all times be
under a duty to minimize the quantity of Recyclable Materials disposed in a landfill,
resource recovery facility,or other facility receiving mixed municipal solid waste. If
disposal of any Recyclablecommodity becomes necessary, upon receiving written
permission from the City, the Contractor shall dispose of the RecyclableMaterials at a
facility specified in writing by the City or an alternative agreed upon by the City and the
Contractor. The City and the Contractor will negotiate a cost for disposal.
Vehicle Requirements
Vehicles shall be clearly signed on both sides as a RecyclingCollection vehicle. In
addition, all Collection vehicles used in performance of the Agreement shall:
Be marked with the name and telephone number of the Contractor prominently
displayed on both sides of the truck. The lettering must be at least three (3)
inches in height.
Operate within the weight allowed by Minnesota Statutes and local ordinances.
Be duly licensed and inspected by the State of Minnesota.
Have a maximum loaded weight not to exceed 40,000 pounds.
Have a two (2) way communication device.
Have a first aid kit.
Have an approved fire extinguisher.
Have warning flashers.
Have a broom and shovel for cleaning up spills.
Have warning alarms to indicate movement in reverse.
Have a sign on rear of vehicle which states “This vehicle makes frequent stops”.
All of the required equipment must be in proper working order.
All vehicles must be maintained in proper working order and be as clean and free
of offensive odors as possible.
Trucks Shall Be Equipped with Wind Screens
The Contractor’s automatic side loading truck dumping hoppers must be outfitted with
windscreens or shields to minimize wind-blown litter when tipping the carts.
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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 City Trashcarts when the carts are emptied in the Contractor’s trucksas a means to
count Trash cart set-outs by address.The Contractor may use alternative means or
technologies to accomplish the same set-out counts, but must submit this to the City in
writing for approval.
Personnel Requirements
TheContractor shall retain sufficient personnel and equipmentto fulfill the requirements
and specifications of this Agreement. TheContractor’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 RecyclingcartsandMulti-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 onceemptied.
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.
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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 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.
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. TheContractor 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’sfacilities
or vehicles 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 within sixty (60) days after being notified by the City, the City will initiate
Agreement termination procedures.
Liquidated Damages
This Agreement requires Contractor to meet the following performance standards:
Deliver quality and timely Recyclables collection services to residents as set forth
in the referenced RFP, Contractor’s proposal and clarifications, and this
Agreement.
Meet other conditions as described herein for collection and transportation of
Recyclables to the designated Recyclable processing facility.
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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.
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 newtimeline 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. 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.
TheCity 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.
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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 Collectionoperations – two hundred fifty
dollars ($250) per incident.
F.Failure to report on changes in location of Recyclableprocessing operations –
two hundred fifty dollars ($250) per incident.
G.Failure to provide written description of the means to estimate relative amount of
process residuals derived from the City’s Recyclables – one thousand dollars
($1000) per incident.
H.Exceeding the maximum process residual rate of six percent (6%) – one
thousand dollars ($1,000) per incident.
I.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.
J. Failure to conduct and report results of the annual composition analysis – one
thousand dollars ($1,000) per incident.
These amounts will be for liquidated damages for losses suffered by the City and not
penalties. Three (3) or more such incidents in a six (6) month period shall constitute
grounds for termination of Agreement and not subject to cure.
4.CURBSIDE COLLECTION REQUIREMENTS
The following Collectionrequirements 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 RecyclingMaterials weekly from the authorized
curbside Recycling carts to be provided by the City. No otherRecycling 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 Collectionon Saturdays within agreed-upon
“holiday weeks”).
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Point of Collection
All curbside Collectionservice will occur at the curbside, with the exception of elderly
residents or those with physical limitations who require Walk-UpCollection Service.
Curbside Collection Schedule Deadline
If the Contractor determines that the Collectionof Recyclableswill not be completed by
7:00 p.m. on the scheduled Collectionday, the Contractor shall notify the City by 4:30
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 mayrequest the City Manager.
Procedure for Handling Non-Targeted Materials
Ifthe driver observes that a resident has set out non-targeted materials, the driver shall
use the following procedure:
A.Contractor shall leave the cart with non-targeted materials and 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.
4.4.1.On-Board Truck Cameras to Monitor Materials During Loading
AllRecycling 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.
4.4.2.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 participate
in 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
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improving this method and procedurefor recording and reporting non-participating
households.
Public Education Information for Single Family Residents
The Contractor shall be responsible for the following:
A.Annual distribution of the City’s solid wastepublic education flyer as described in
this Agreement.
B.Distribution of resident education tags to be left by curbside Collection crews if
any non-targeted material is reflected and left at the curb.
5.MULTI-FAMILY COLLECTION REQUIREMENTS
The following Collectionrequirements are for Multi-Family Dwellings Recycling services
only and do not pertain to curbside Recycling services from Single-Family Dwellings.
Multi-Family Dwellings Building Owners May Elect to Subscribe to
City’s Recycling Service
Multi-Family Dwellingsbuilding owners are able to use the City’s Recycling Contractor
to provide Recycling services. Alternatively, Multi-Family Dwellingsbuilding owners
may independently contract with another licensed Recyclingcontractor to provide the
Recycling services at the owner’s expense.
Multi-Family Dwellings Collection Stations
Multi-Family Dwellings Recyclingstations will be specified with approvalof the Multi-
Family Dwellingsbuilding owner on a case-by-case basis. Multi-Family Dwellings
Recycling stations will likely be a cluster of Recyclingbins, carts and/or Recycling
dumpsters (e.g., for old corrugated cardboard). The number and location of Multi-
Family DwellingsRecyclingstations shall be adequate to be reasonably convenient and
accessible to all Multi-Family Dwellingsresidents.
5.2.1.Multi-Family Dwellings Container Location(s)
Multi-Family Dwellings Recyclingcontainers shall be placed in a location(s) on the Multi-
Family Dwellingspremises which permits access for Collectionpurposes but which
doesnot obstruct pedestrian or vehicular traffic. Recycling containers must also comply
with the City’s zoning and other ordinances.
Multi-Family Dwellings Service Standards
At a minimum, Multi-Family Dwellings Collectionservices shall be available on the
premises and shall be provided on a regularly scheduled weekly basis, or as the City
and Contractor agree is adequate. The Collection schedule and Recyclingcontainers’
capacity shall provide for regular removal of the Recyclablessuch that there is
adequate storage capacity available in the Recyclable containers to avoid overflowing
containers.
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Multi-Family Dwellings Recycling Container Requirements
The City shall purchase adequate Recycling carts and dumpsters to serve the needs of
the Multi-Family Dwellings buildings served under this Agreement. TheRecycling
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 which identify the type of RecyclableMaterialto 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 Providing and Maintaining Multi-Family Dwellings
Recycling Containers
If the Multi-Family Dwellingsbuilding owner uses the City’s Contractor, adequate Multi-
Family Dwellings Recyclingcontainers shall be purchased by the Cityand then rolled-
out and maintained by the City’s Contractor. As part of a larger Recycling container
management plan, within 30 days of executing this Agreement, the City and the
Contractor shall develop a specific schedule for purchase and roll-out of City carts and
dumpsters to eligible Multi-Family Dwellings properties.
Public Education Information for Tenants with Multi-Family Dwellings
Recycling Service
At least once per year, the City’s RecyclingContractor shall supply the Multi-Family
Dwellings building owner with the sufficient number of 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.
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
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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
The City’s Contractor shall provide an annual report by January 31 of each 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 Collectionservices made available to occupants, including number
of Multi-Family Dwellings Recycling stations, number of Multi-Family Dwellings
Recycling containers, location of stations and dates of Collection.
D.Description of public education toolsused to inform occupants of availability of
services.
E.Recommendations for future improvements to increase recovery rates (e.g.,
specific public education tools).
Municipal Facilities Collection Requirements
The Contractor shall provide, at no charge, Recycling containers and Collection
services 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.Maplewood Community Center -2100 White Bear Avenue
6.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
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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.
6.1.1.Workers Compensation Insurance
Workers compensation insuranceshall 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 Liabilityinsurance 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 Recyclingservices agreement. The Contractor shall add the City as an
additional insured under said insurance policy(s). The policy coverage shall include
environmental impairment liability. The Contractor shall provide the City with
appropriate documentation of said environmental liability insurance for verification upon
written request from the City. The Contractor further indemnifies the City, its
employees, agents and licensees from all liability related to hazardous
contamination/pollution resulting from the acts of the Contractor, its employees or
agents.
Transfer of Interest
The Contractor shall not assign any interest in the Agreement, and shall not transfer any
interest in the Agreement, either by assignment or notation, without the prior written
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approval of the City. The Contractor shall not subcontract any services under this
Agreement without priorwritten 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 governing funds provided under this Agreement.
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 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.
For more information, link to the Living Wage Calculator for Ramsey County, MN at:
http://www.livingwage.geog.psu.edu/counties/27123.
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
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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 aself-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.
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.
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J2, Attachment 2
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 thosecourts 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 thedate
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, 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.
Page 21of 23
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J2, Attachment 2
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first
written.
City of Maplewood:
By______________________________
City Manager
________________________________
Printed Name
Date:____________________________
By______________________________
Mayor
________________________________
Printed Name
Date:____________________________
Contractor:
By______________________________ By______________________________
Area President Title ____________________________________
________________________________ ________________________________
Printed Name Printed Name
Date:____________________________ Date:____________________________
Page 22of 23
Packet Page Number 281 of 300
J2, Attachment 2
Attachment C
List of Multi-Family Dwelling Complexes
Packet Page Number 282 of 300
J2, Attachment 2
ağƦƌĻǞƚƚķağǤЋЉЊВ
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Packet Page Number 283 of 300
J2, Attachment 2
Apartments(Maplewood)Ariel Street
Wednesday3100604
Village on WoodlynnWoodlynn Avenue
Wednesday2122609
Concordia ArmsLydia Avenue East
Wednesday203012514
Norgard ApartmentsGervais Court
Wednesday1807604
Carefree CottagesPolaris Lane North
Wednesday235525435
Markham ApartmentsHazelwood Street
Wednesday2730758
Fire Station # 3Hazelwood Street
Wednesday153011
Maplewood TownhomesAriel Street North
Wednesday2461312
Arcade Apartments (Bellwood)Arcade Street
Thursday1915274
Rosoto Villa on RoselawnDesoto Street
Thursday19017010
Edgerton HighlandsGrand Ave
Thursday8442254
2048 Mississippi StreetSkillman Ave East
Thursday350406
1860 McMenemy StreetMcMenemy Street
Thursday1860123
Golden Star ApartmentsLarpenteur Ave E
Thursday3211096
Western HillsAdolphus Street
Thursday1770548
Brookview Manor Brookview Dr
Friday271424
Century RidgeCentury Ave N
Friday89756
Connemara ILondin Lane
Friday24659612
Connemara IILondin Lane
Friday24559614
McKnight TownhomesMcKnight Rd
Friday37019033
Maplewood GardensFlorence Ave
Friday345329
Packet Page Number 284 of 300
J2, Attachment 2
Attachment D
CityÔs Solid Waste Guide
Packet Page Number 285 of 300
J2, Attachment 2
3/1/19 12:34 PM
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95 Gallon
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Trash_Recycl broch '19_v2.indd 1
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3/1/19 12:34 PM
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Trash_Recycl broch '19_v2.indd 2
Packet Page Number 287 of 300
J2, Attachment 2
CONTRACT APPENDIX A
DEFINITIONS
Packet Page Number 288 of 300
J2, Attachment 2
Agreement
Appendix A - Definitions
Additional Overflow Trash Trash bags in excess of the capacity of the trash cart
Bagwith lid fully closed incurring an additional overflow
trash collection fee.
AgreementThis legal Agreement executed between the City and
the Contractor. The Agreement shall include, but not
be limited to, the RFP document, RFP Addendum, the
se to City questions. These
additional documents are incorporated herein to this
Agreement by reference. If in conflict, this Agreement
shall take precedence.
Annual Trash and The City shall require the Contractor to publish and
Recycling Public distribute an annual public education flyer to all eligible
Education Flyer
following information for City residents (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.
List of acceptable recyclable materials.
Annual calendar and map of trash service areas
for eligible Single-
Specific instructions about how to useand 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 CollectionUse 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 ItemsA 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
MaplewoodService Agreement
Appendix A: Definition Page 1
Packet Page Number 289 of 300
J2, Attachment 2
include (but are not limited to) carpet and padding,
mattresses, chairs, couches, tables, wheels/rims/tires,
major appliances, and electronic waste.
CityThe City of Maplewood, Minnesota with offices located
at 1830 East County Road B, Maplewood, MN 55109.
CollectionThe 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 BagsPaper or BPI-
defined by Minnesota Statute (M.S.325E.046).
ContractorOnce a new Agreement (or Agreements) is (are)
Trash Services
Agreement and/or Recycling Services Agreement.
form may be
depending on the context.)
Disposal FacilityThe licensed and permitted landfill, resource recovery
facility, or transfer station where solid waste is tipped
for disposal.
Electronic WasteItems required to be recycled per Mn Stat 115a.1310
and 1330 and specifically defined for special handling
or processing.
Every Other Week Trash Residents who apply and receive City permission for
Collection (EOW) Every 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 weeksA 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 uponby the
City.
Holidays
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
Maplewood Service Agreement
Page 2Appendix A: Definition
Packet Page Number 290 of 300
J2, Attachment 2
publish the yearly calendar including alternate
Collection days, with assistance from the City.
Multi-Family DwellingsA building containing five (5) or more residential
(MFDs)dwelling units that are not eligible for the proposed
residential trash collection service in this RFP because
service.
and not trash services as provided in this Agreement.
Organic WasteOrganic Waste materials exclusive of yard waste.
Acceptable Organic Waste shall be similar to the
Organics
Recycling web page
section.
(https://www.ramseycounty.us/residents/recycling-
waste/collection-sites/organics-recycling)
Pay As You Throw (PAYT) A system of setting variable prices for the levels of
Policytrash collection service from Single-Family Dwellings to
provide an economic incentive for residents to improve
price schedule gradually increases the price
increments between the service levels to promote
downsizing of cart sizes as ordered by the residents.
Prohibited MailingsNotices 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.
RatesCity-approved rates as per the specifications in this
Agreement for various trash and other collection
services as charged by the Contractor directly to
residents.
MaplewoodService Agreement
Appendix A: Definition Page 3
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J2, Attachment 2
RecyclingThe collection of or action of consolidating recyclable
materials for collection.
RespondentThe organization submitting a proposal in response to
Service Areas Geographic areas of the City with specified day-certain
schedule for recycling and trash collection services.
(See Agreement
Appendix B for geographic boundaries.)
Single-Family DwellingsA building containing up to four (4) residential dwelling
(SFDs)units that is eligible for the proposed trash and
recycling collection service in this Agreement.
TextilesTextiles 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.
TrashThe mixed municipal solid waste from residential
homes as covered by this Agreement.
(Note: This
services to refer to the family of solid waste collection
services including Yard Waste and Bulky Items.)
Trash CartsStandardized 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-
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 serviceanddoes not include: disposal fees;
prices or costs of other services (e.g., Recycling, Yard
Maplewood Service Agreement
Page 4Appendix A: Definition
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J2, Attachment 2
Waste, Bulky Items, etc.); taxes; City cart fees, or other
government administrative fees.
Trash Collection Opt InThe process where properties owners, other than
owners of Single-Family Dwellings
City form and application procedure.
Walk-UpCollection Special collection of trash or recycling from the house
Serviceor 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.
Yard WasteGarden 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 Feea
basis of 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
waste disposal tipping fees paid by theContractor at
the specified yard waste facility.
MaplewoodService Agreement
Appendix A: Definition Page 5
Packet Page Number 293 of 300
J2, Attachment 2
CONTRACT APPENDIX B
MAP OF TRASH AND RECYCLING SERVICE AREAS
Packet Page Number 294 of 300
J2, Attachment 2
694
35E
§¦¨
§¦¨
694
§¦¨
120
65 Æ%
4765
107
19
19
4765
109
4765
4765
4765
68
Silver
4765
Lake
22
4765
23
23
Gervais
4765
4765
Lake
61
£
¤
65
4765
Keller
36
Æ%
Lake
\\
35E
25
§¦¨
25
4765
25
25
4765
4765
4765
58
4765
28
49
27 4765
4765
4765
62
65
4765
4765
29
4765
e
ur Av
pente
Lar
30
30
4765
30
4765
4765
120
Æ%
68
4765
Maplewood's Weekly Recycling
31
4765
and Trash Pick Up Schedule
Beaver
5
Æ%
Lake
34
4765
Monday
68
4765
Tuesday
120
94
Æ%
§¦¨
Wednesday
\\
Thursday
72
4765
Friday
39
4765
68
4765
25
4765
Recycling: Tennis Sanitation 651.459.1887
www.ci.maplewood.mn.us/recycling
Trash: Services 651.455.8634
www.ci.maplewood.mn.us/trash
72
4765
68
4765
494
§¦¨
43
4765
Packet Page Number 295 of 300
J2, Attachment 2
APPENDIX C
LIST OF RECYCLABLE MATERIALS
Packet Page Number 296 of 300
J2, Attachment 2
Appendix C List of Recyclable Materials
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, pizza
boxes, corrugated cardboard.
Glass:Food and beverage containers including glass jars and bottles.
Plastic: Rigidfood, 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, and tinned-steel
cans.
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
MaplewoodService Agreement
Appendix C:List of Recyclable Materials Page 1
Packet Page Number 297 of 300
J3
CITY COUNCILSTAFF REPORT
Meeting Date May 13, 2019
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Jeff Thomson, Community Development Director
Michael Martin, Assistant Community Development Director
PRESENTER:Jeff Thomson, Community Development Director
AGENDA ITEM:
Purchase Offerto Sell City-Owned Property at 2501 Londin Lane
a.Intent to Close Meeting (§13D.05 subd. 3c)
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The City of Maplewood has received a purchaseoffer for the City-owned property at 2501 Londin
Lane East.
Recommended Action:
Before the meeting is closed, the City Council must state on the record the specific grounds
permitting the meeting to be closed and describe the subject to be discussed. Therefore, it is
recommended the City Council introduce the following motion:
Pursuant to Minnesota Statutes Section 13D.05,subd. 3c, I hereby motion to close the
regular meeting and go into closed session to consider purchase offerfor City-owned
property located at 2501 Londin Lane East.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is$0.
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:Closing the meeting has no fiscal impact.
The potential sale of City-owned property would result in the City receiving funds from the sale.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
This property has historically been used as a fire station. The fire station went dormant several
years ago and the building has largely been used for storage. Most recently the building has been
leased for storage of a mobile dental trailer.
Packet Page Number 298 of 300
J3
Background
The purpose ofthis agenda item is to consider a purchase agreement tosell city-owned property
located at 2501 Londin Lane East.Minnesota State Statute 13D.05 subd. 3c, allows a public body
to close a meeting. State statute allows the City Council to close a meeting to consider offers made
for property the City has for sale and to develop counteroffers. The City Council is also able to
review confidential appraisal datawhile in a closed meeting.
City Attorney Ron Batty will be providing a separate memo to the City Council outlining the
purchase offer.
Attachments
1.Location Map
Packet Page Number 299 of 300
J, Attachment 1
2501 Londin Lane East
May 6, 2019
City of Maplewood
Legend
!
I
Parcel
0490
Feet
Source: City of Maplewood, Ramsey County
Packet Page Number 300 of 300