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HomeMy WebLinkAbout10/26/2011 Env Bd PacketCity of Lino Lakes Environmental Board Meeting October 26, 2011 6:30 p.m. AGENDA 5:45 p.m. - Pre - meeting to be held in the Highland Meadows neighborhood on Highland Drive Ash Tree Replacement with the Forest Bonding Grant 1. Call to Order 2. Approval of Minutes September 28, 2011 3. Approval of Agenda • 4. Open Mike 5. Action Items A. Storm Water Management Plan Policies and Draft Review 6. Discussion Items A. Off -site Fall Recycling Day Totals B. Anoka County Solid Waste Management Plan C. Changing to one recycling contractor discussion. D. 2011 and 2012 Environmental Board Goals E. MIDS (Minimum Impact Design Standards) update 7. Adjourn • • • ENVIRONMENTAL BOARD MEETING APPROVED CITY OF LINO LAKES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT 1. 2. September 28, 2011 : September 28, 2011 . 6:31 P.M. . 7:50 P.M. : Mary Jo O'Dea, Barbara Bor, Paula Andrzejewski, Steve Heiskary, Theresa Klaman and Nancie Klebba : Martha DeHaven : Environmental Coordinator Marty Asleson CALL TO ORDER Ms. O'Dea called the meeting to order at 6:31p.m. APPROVAL OF MINUTES July 27, 2011 Environmental Board Minutes Approved with the following changes: Change detail to detailed on page 2, 5. A. 4th paragraph. Change lead to LEED on bottom of page 2. Change water fall to water fowl on page 3, 6. A. 2nd paragraph. Change the word nodule to module on page 3, 6.A. 3rd paragraph. Take out ask Mr. DeGardner on page 4, 6. E. 2nd paragraph. Mr. Heiskary made a motion to approve the April 27, 2011 Environmental Board Minutes. Ms. Andrzejewski seconded the motion to approve. Motion carried unanimously. 3. APPROVAL OF AGENDA Add D: Fall Burn Add E: Forest Bonding Grant Add F: Single Sort Recycling ' Ms. Bor made a motion to approve the agenda. Ms. Klebba seconded the motion to approve the agenda. Motion carried unanimously 4. OPEN MIKE Open mike closed at 6:35 p.m. DRAFT MINUTES 1 ENVIRONMENTAL BOARD MEETING September 28, 2011 5. ACTION ITEM A. Final Approval of Emerald Ash Borer Preparedness Plan Mr. Asleson presented his staff report as follows: The Environmental Board has reviewed past draft Emerald Ash Borer (EAB) documents. Updates have been given to the City Council on the draft EAB Preparedness Plan as compiled by the Environmental Board. The last two updates to the Council were in May and August of 2011. The use of two parcels mentioned in the plan has been extensively discussed for marshalling diseased Ash Trees. Minor improvements would be needed for the south marshal area. Gravel would be needed to gain entrance to the site. EAB has now been found in Northern Ramsey County. The City has received a grant to establish tree diversity and by next year the City will have replaced roughly 150 of our public trees. Mr. Asleson stated at this time, he is certain that City crews will be performing removal, planting and chemical treatment for any EAB function on public trees. The City has trained staff, equipment and licenses needed for any of the management options. The final draft document incorporates by reference the City Tree Disease Ordinance into the Preparedness Plan. Ms. O'Dea questioned if the City Council wants the Environmental Board to say this is what we want in regards to the EAB plan. We are doing this with the City and this with residential. Mr. Asleson stated yes this is what the Council is requesting. Ms. O'Dea questioned if the City should provide treatment to residents for a fee. Mr. Asleson stated there are too many trees to treat privately owned trees. Ms. O'Dea stated in Highland Park the City pulled out old trees, that is what a lot of cities are doing; not considering chemically treatment stated Ms. O'Dea. The following changes in red have been made by the Environmental Board to the EAB Management Plan: DRAFT MINUTES 2 • • 1 • • • ENVIRONMENTAL BOARD MEETING September 28, 2011 City of Lino Lakes, MN Emerald Ash Borer Management Plan Purpose: The provisions of this management plan are intended to provide a cost effective and culturally acceptable method of management for the outbreak of Emerald Ash Borer. The death of all the ash trees in the City of Lino Lakes will have a detrimental effect on home values, quality of life and environmental benefit. The goal of this plan is to mitigate the impact of EAB as much as practical, to residents and City Ash trees. Introduction: Emerald Ash Borer (EAB) is an invasive, non - native, introduced pest that came into the USA from ports in Detroit Michigan. The insect is indigenous to China and is suspected to come into this country in packing crates. EAB most likely existed in Michigan for at least 5 years before a plant pathologist noticed something wrong with their Ash Trees in 2002. All efforts in Michigan to stop this insect have failed. It is now estimated that EAB can travel up to 4 miles by its self, or an average of 10 miles with human help. Humans help this insect get around to new areas mainly by firewood transport. With only 6 or seven years of study and research, managers at this time are unable to stop this insect. Scientists do know that once established in a City, all of the City's Ash trees will be killed in five to 10 years. It will be perhaps 20 years minimum until effective controls may be available. Minnesota has a tremendous amount of Ash trees (900 million). This number does not include the trees planted in Cities in parks and along street scapes. The City of Lino lakes has approximately 328 Ash trees in parks and 598 Ash trees on street boulevards. There are also 157 Ash trees on Peltier Island that have supported Great Blue Heron nests in the past. Preliminary remote sensing from the Minnesota Department of Natural Resources estimates 10000 Ash trees overall in the City of Lino Lakes. There are three options {ether- ihan-doing nothing), or a combination of these options that our City cities san decided to follow. First, the a City can remove all City owned e#theif Ash trees. If the trees are not removed, unsightly and hazardous trees are left in the landscape. Secondly; a, the City can elect to remove and replace the dead ash trees with another type of tree, thus mitigating the benefits of the lost trees. Third, a the City can chemically treat the trees with an insecticide for an indefinite amount of time. ,4 city Lino Lakes can also do a combination of any of these options. The following discusses highlights each option. 1. Remove all City Ash Trees: Assuming Aall trees will die in 5 years, se removal costs will be incurred by the City for removing all trees within are- associated-with -- the -oC -or-a-contractor giving al-1--trees-in 5 years. This plan has the lowest out of pocket expense. This plan also causes the greatest losses to aesthetic and ecological value that DRAFT MINUTES 3 ENVIRONMENTAL BOARD MEETING September 28, 2011 the Ash trees provided for Lino Lakes. The City will remove all public Ash trees using City Crews 2. Remove /Replace all City Ash trees. This option removes and replaces every Ash tree with a new tree that As# borer acceptable to the City Forester. This plan is the least costly way to manage the Lino Lakes Ash forest and allow the urban forest it to regain its former size. The City will utilize City crews to remove and replace all City Ash Trees 3. Treat City Ash trees with insecticide. This plan has the lowest annual out of pocket costs, but it has the greatest cost over time. It also produces the largest remaining forest over time. Research demonstrates that insecticides can protect small trees < 12" in diameter until they reach a 15 inch diameter. Effective treatment of larger trees would require either a more frequent application, or a higher dose ofinepestive insecticide. Research as of 3.8.2010 shows one application of insecticide will treat a tree W.-at-least possibly up to 3 years. The City will utilize City personnel who have been trained and licensed in treatment for EAB, to treat City trees chosen to be treated. 4. Combination o€-the Treating-at-least-the middle range of City tree size also givec4he-City timeta spread our losses over a muct+ bly el losses for treated trees. Treated trees -to trees in geed vigor with-geed-form, Poor formed trees or trees in declining- - ehould-be removed-a& soon aspossible. Natural sentrels-with insects, genetic selection and manipulationr all -take The estimated -time-to achieve- success in- one of these areas is-24 years filial-FRLI-R1-. Administration The City Forester shall coordinate efforts with the Public Works Department, the Minnesota Department of Agriculture and /or the Minnesota Department of Natural Resources, Anoka County, and St Paul District Energy to seek assistance for the removal, disposal, replacement, and treatment of City Pia-r4 Ash trees. Furthermore the City Forester shall enforce the City Shade Tree Disease Control Ordinance and assist and educate the public in private Ash tree disposal. The disease control ordinance shall be an integral part of this plan. City Park and Boulevard Tree Management Recommendations Protocol First remove all poorly formed and defective City owned Ash trees. Recommended wooed-we for-City Ash Trees +s reraovat of aft-poorly- DRAFT MINUTES 4 • ENVIRONMENTAL BOARD MEETING September 28, 2011 fanned- and /erdefestive trees first. Chemically treat all trees in the 6 to 12 inch classification._; f Remove and replace all Ash trees < 6 inches and trees > 12 inches. Should future chemical labels allow for higher chemical injection rates, thean the City may choose to treat the larger trees. Peltier Island Nest Supported Trees it-is resommended4hat The Ash Ttrees supporting Heron nests on Peltier Island are on property of Anoka County. Therefore is recommended to support the rookery be managed-In concurrently in such a way as to support the present and future heron Ppopulations, and that a coordinated effort between Anoka County, and the City of Lino Lakes be arranged to this end. Coordinated efforts may be chemical treatment of existing trees and /or replacement of the Ash trees with Basswood, Hickory Trees, or other species that would afford good habitat for the herons. Ash Trees on Private Property Ash trees on private property as identified by City staff must be removed per City Ordinance. City residents are responsible for treating and /or removing privately owned Ash trees. The City Forester will inform resident by letter of any identified diseased • trees on their property and the Ordinance #07 -10 requirements. • Disposal Since alt trees within--an ' -be- severely transport-limited by , itis . Once EAB has been identified in the City of Lino Lakes, the City has established and will open two disposal sites. Two diseased-tree stock -pileeites- wiltbeds` g„ edin- theCity, These sites would be open to the residents of Lino Lakes to dispose of their dead Ash trees at no charge. Trees would be allowed to stay on site until such a time that there would be sufficient volumes for tub grinding by St Paul District Energy, or other party interested in tub ground wood product. City residents are responsible for removing and transporting infested trees to the site. Stock pile sites are the north western corner of the old city hall site, and the athletic complex land on Centerville Road and Birch. The -Cit will maintaiman- epen Invitation to betta er use utilization of Ash weed P-u-blisinformatien Communication and Outreach The City will connect and utilize local, county and state outlets such as: Media, newsletter articles, web page, kiosk information booth, PSA's on local cable TV, etc. DRAFT MINUTES 5 ENVIRONMENTAL BOARD MEETING September 28, 2011 Partnerships The City will continue to work with and share resources with neighboring communities where possible. Investigate the use of marshaling of materials on a common interest basis. Motion was made to recommend Emerald Ash Borer Preparedness Plan to be forwarded to the City Council with changes. Motion was made by Ms. Andrzejewski and seconded by Ms. Klaman. Motion carried unanimously 6. DISCUSSION ITEM A. Off -Site Fall Recycling Week There will be an off -site city recycle event held the week of October 3`d. The location is at Freimuth Enterprises, on Highway 65 in East Bethel. Motion to endorse the event was made by Mr. Heiskary and seconded by Ms. Andrzejewski. Motion carried unanimously. B. Blue Heron Days Parade Update It was stated many citizens were waiting for garbage pick -up at the end of the parade. There were many who thanked volunteers for taking the time to pick up the garbage. C. Community Garden Fall Update The 2011 Community Garden has been a success! Many gardeners are looking forward to returning next year. Some gardeners donated extra food to the local food shelf. D. Fall Burn Mr. Asleson stated he received a pen uiit to burn the island out front at City Hall last fall, He was unable to burn due to weather. He stated the City Council wants to sod the island. He stated the island integrates City Hall into the environment. E. Forest Bonding Grant DRAFT MINUTES 6 • • • • ENVIRONMENTAL BOARD MEETING September 28, 2011 The City received a Forest Bonding Grant. Mr. Asleson stated 89 trees have been removed and replaced. The Highland Meadows development will have trees corning down and replaced starting September 29. F. Mary Jo stated she would like residents to be informed /updated on what is allowed in single sort recycling. 7. ADJOURN It was noted that the next meeting of the Environmental Board will be on Wednesday, October 26, 2011 at 6:30 p.m. There being no further business, Mr. Heiskary moved to adjourn at 7:50 p.m. Ms. Bor seconded the motion. Motion carried unanimously. Transcribed by: Lisa Hogstad Community Development Secretary DRAFT MINUTES 7 •reimuth Enterprises LLC AllAppliance©isposal. com Address: 18641 Highway 65 NE East Bethel. MN, 55011 Phone: 612 -865 -9570 Fax: 651 - 483 -9880 Recycle Date Recycle Number: Customer Contact: Customer Account: Product Recycled Electronics *Tires Bulbs Metal Shipping of steel Appliances Electronics Oct 3 -7, 2011 2011 fallLinoLakes Recycled for: City of Lino Lakes Address: Bill To: Description Cost Per Lb s, • onl ors, • isc -ouse o • Electronics Tires 0.00 Bulbs i 0.00 0.00 East Bethel Steel 2 loads $100 Each Misc Home Appliances TV's from city $0.00 200.00 0.00 $0.15 Total: October 9, 2011 Lbs Recycled Amount Due 2680 $0.00 1560 160 6780 8760 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 19940 $0.00 !Comments: • Please contact John at 612 -865 -9570 with any questions or concerns. Thank you for your business! • • • Part Three: Waste Reduction, Reuse, and Recycling Introduction Waste reduction, reuse, and recycling are critical to conserve natural resources and reduce the amount of waste landfilled. The Master Plan combines waste reduction, reuse and recycling outcomes and strategies. This reflects the way most consumers think about waste abatement and recognizes that implementing these initiatives jointly creates a synergy. Approximately 40 percent of MSW is potentially recyclable (MSW waste sort, 1999). Reuse and recycling are the most concrete activities to help people reduce the amount of waste they generate and realize the potential financial savings of sustainability practices. In this planning period, the county will focus on the following to maximize the amounts of material reused and recycled: Promote reuse opportunities. • Promote recycling options for paper and other large- volume materials. • Promote the reuse and recycling of food waste for people and animals. • Promote management methods and public information strategies that will increase recycling by public entities. • Promote the purchase of recycled- content products The major challenge will be to provide information and reinforce the message effectively so that generators will participate in reuse and recycling programs to reduce the amount of waste they generate. It is expected that the state will continue to develop markets for the materials collected for recycling. Waste Reduction, Reuse and Recycling Objectives The following chart summarizes the Anoka County achievement for 2010 in comparison to the Policy Plan objectives through 2030. anagement Method`, Anoka County Actual' State Policy Plan Objectives MSW Generated ii`the Region'' 2010 01. 02 2025 2030 Source Reduction and Reuse N /A* 1 -2% 1 2 -4% 3 -5% 4 -6% Recycling 40% 45 -48% 1 47 -51% 49 -54% 54 -60% *Source Reduction and Reuse is not currently being measured. Waste Reduction, Reuse and Recycling Policies 1. Waste reduction, reuse, and recycling efforts will focus on materials that offer the greatest benefits, including: • resource conservation • pollution prevention • economic benefits (jobs created/taxes paid by the industry/avoided disposal costs) 2. Recycling collection services will • be available to all generators in the region, • be consistent and efficient, and • maximize the volume of waste recycled. 3. Anoka County encourages and promotes waste reduction, reuse, recycling, and environmentally preferable purchasing practices. 4. Anoka County encourages those holding public events where mixed municipal solid waste is collected to have sufficient recycling containers available, clear consistent signage and make certain the material collected is recycled. cc i s ? ) ' 5. All public entities within the county will have sufficienjcycling containers and a. collection system for recyclables from their facilities and parks as required in Minn. Stat. §115A.151. A public entity shall: ensure that facilities`under its control, from which mixed municipal solid waste is collected, have containers for at least three recyclable materials, such as, but not limited to paper, glass, plastic and metal; and transfer all recyclable materials collected to a recycler. 6. Anoka County encourages the collection of additional recyclable materials as technology and markets become available. General Waste Reduction, Reuse, and Recycling Strategies — The county will 1. Work with the region to develop and disseminate consistent messages regarding purchasing decisions and waste management practices that promote reduction, reuse, recycling, and environmentally preferable purchasing. 2. Work with the region to develop consistent messages and increase recycling promotions to inform generators about how to recycle in an effort to increase the amount of material recycled. 3. Work with its municipalities and the waste industry to research recycling programs and opportunities in other regions of the country in an effort to increase recycling: • Develop an action plan to maximize residential recycling. • Evaluate programs and propose solutions to increase recycling. • Incorporate consistent terminology for material collected for recycling. • Evaluate available waste sorts to determine targeted materials for recycling promotions. 4. Work with the region to improve the collection of recycling data for state reports and planning puuposes.. 11\--0:0 c P.= : cs -t i � 1 'CO Residential Waste Reduction, Reuse and Recycling Strategies — The county will: 1. Promote • waste reduction actions, • reuse opportunities such as waste exchanges and thrift stores, and • recycling options, such as curbside service, drop -off centers, and redemption centers. 2. Provide technical assistance to develop and implement cost - effective recycling programs. 3. Continue to work with municipalities and thetivaste industry to encourage the enhancement of existing programs and development of new programs. 4. Work with municipal recycling coordinators and recycling service providers to develop and implement best management practices for residential recycling. C LALel, 4, < 11 (4 I 5. `provide SCORE funds for eligible residential recycling program costs and use funding to promote activities to meet the objectives in the Policy Plan. Annually • analyze recycling goal achievement and review residential recycling goals as necessary to meet new state recycling objectives. • evaluate residential recycling funding agreements to determine if programs and expenditures result in goals being met. 6� Work with municipalities to identifyistrategies to overcome barriers to recycling. C--%> 7. Promote convenient recycling options for problem materials (such as appliances, electronics and motor oil) and other materials (such as mattresses and plastics) not generally collected curbside. Non - Residential Waste Reduction, Reuse and Recycling Strategies — The county will: 1. Promote waste reduction, reuse, and recycling to non - residential generators. 2. Work with existing organizations in the private and public sectors to advance non - residential recycling. rri r N , '- �2(ft.. (2 vim✓ e: �, 3. Evaluate the need for and development of recycling drop -off opportunities for non - residential generators. 4. Continue to recognize environmentally responsible non - residential generators that make a significant contribution to reducing, reusing, and recycling waste. 5. Work with the region to improve the quality of non - residential recycling data. 6. Focus outreach efforts on non - residential generators with the greatest potential to increase recycling and recover organics. C.e), Staff Note: County Facility Waste Reduction, Reuse and Recycling Strategies will be available for comment at the 11/16/11 SWAC meeting. County Recycling Contingency Plan A market failure is defined by any of the following: • Only a pilot program exists and is not accessible to all residents. • A market is not available within a reasonable distance or at a reasonable cost. • Market capacity is not sufficient and no new capacity is being developed. In the event that a market has failed, the county will promote the following, in order of preference, for managing those materials collected for recycling: • Short Term o storage • processing (resource recovery, composting, or other technology) if approved by the MPCA • landfilling if approved by the MPCA • Long Term • discontinue collection • • • • • • STAFF REPORT Environmental Board Item 6C Date: October 26, 2011 To: Environmental Board From: Marty Asleson Re: Investigation and discussion of a single contract for Recycling Background The Lino lakes City Council recently asked staff to look into the benefit /cost of having a single license for recycling curbside pickup in the City of Lino lakes. The obvious benefits would be less trips up and down residential streets by recycling trucks. I have attached several documents that I received from Anoka County Integrated waste of current contracts and cost comparisons of several cities in Anoka County. Please take time to review and offer comments /suggestions for our City Council concerning this issue Attachments • Fridley Resolution/Contract • City of Ramsey Contract • City of Anoka Contract • \City of Hilltop Contract • 2011 Anoka County Municipal Recycling Contracts RESOLUTION NO. 2010 — 45 A RESOLUTION APPROVING AN AMENDMENT TO CURBSIDE RECYCLING WITH ALLIED WASTE SERVICES FOR AREAS, Allied Waste Services, is in the business of collecting recyclables and WHEREAS, Allied Waste Services, will collect recyclables from the City o family through 12 -unit multiple dwellings in accordance with the Y f Fridley's single Curbside Recycling; and he terms of the Contract for WHEREAS, both the City of Fridley and Allied Waste Services have the Contract for one year, from April 1, 20I 1 — mutuall a three percent, and modify the recycling March 31, 2012, increase the annual pri e by d Y � rebate to provide a forty percent share in revenue; and NOW THEREFORE, BE IT RESOLVED, by approving y the City Council of the City of Fridley that the Services and Attachment A are hereby adopted by City Counc il o fth City F with Allied Waste the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRID LEY THIS 9TH DAY OF AUGUST, 2010. ATTEST; /6114— DEBRA A. SKOGEN ITY CLERK • Attachment A Amendment to the Contract for Curbside Recycling with Allied Waste Services owl This agreement is made on the t� Fridley, Minnesota, men is made " the day of _ I_? 2010 between the City of Fridley, Y) Allied Waste Systems ( "Contractor "), Y' WHEREAS, the Contractor is in the business of collecting recyclables; and WHEREAS, the Contractor will collect recyclables from the City's single family through 12 -unit multiple dwellings in accordance with the terms of the Contract for Curbside Recycling ( "Contract "); and WHEREAS, both the City and Contractor have mutually agreed to extend the Contract for one year, from April 1, 2011, to March 31, 2012, increase annual price by three percent, and modify revenue sharing to provide a 60% (Contractor) /40% (City) share in revenue; and NOW, THEREFORE, the City and Contractor agree to replace the following paragraphs in the original agreement as follows: 3. Method The Contractor shall submit itemized invoices according to the rates specified in Exhibit A to the City on a monthly basis. Monthly invoices must include a Recyclable Commodity Market Value Report according to the format shown in Exhibit B for the amount of recyclables collected and processed during the previous month. Invoices so submitted shall be paid within thirty (30) days of receipt by City. The percentage that each recyclable material represents of the total weight of recyclables collected each month will be predetermined by the schedule listed in Exhibit C. The Contractor may not adjust the weight composition of the recyclable materials from the composition presented in Exhibit C more than once per year without agreement by the City. The City shall accumulate credit from forty percent of the net proceeds of the sale of all recyclables marketed each month in a Service Exchange Fund. The additional and accumulative total value of the Service Exchange Fund shall be reported to the City by the Contractor on each monthly statement or invoice. The City may choose to use the value accumulated in the Service Exchange Fund in exchange for a variety of recycling services (examples of which are enumerated in Exhibit D), may request a cash payment of all or a portion of the total accumulated present value in the Service Exchange Fund, or may apply the cash value of the Service Exchange Fund as a credit to the City's monthly invoices totals from the Contractor. Uses in addition to those items listed in Exhibit D for the Service Exchange Funds may be completed by the Contractor upon mutual agreement on cost and terms by each party. The City shall be allowed to accumulate revenue value in its Service Exchange Fund for up to twelve months past the end of each contract year anniversary date, which is April 1. Values in the Service Exchange Fund must be drawn down to approximately $1,000 each contact year. Net proceeds is defined as the revenue received from the sale of all recyclable materials minus processing charges, which are labor and equipment charges made by the Contractor, which handles the processing for sale and sale of recyclables. The per ton processing fee and recyclable commodity values will be based upon the indices enumerated in Exhibit E, attached and made part of this agreement. If any of the market indicators on Exhibit E become unavailable during the term of the contract, then the City and Contractor will negotiate a mutually agreeable alternative(s). If the cumulative net proceeds of all combined recyclable commodities in a given month is a negative value, the City's Service Exchange Fund will not be deducted from but will receive a credit of zero for that particular month. 28. Term. The term of this Agreement shall be extended to be April 1, 2011, to March 31, 2012, the date of the signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended for up to an additional one (1) year after the forgoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice. Executed as of the day and year first above written. CITY OF FRIDLEY ALLTFD WASTE SERVICES By Mayor By Its By City Manager By Its Exhibit A Fees for Curbside Recycling Services Fees for services provided by the Contractor shall be paid by the City based upon the following per residential dwelling unit payments: • (0 CITY OF RAMSEY CONTRACT FOR CURBSIDE RECYCLING SERVICES This agreement is made as of the 1st day of January, 2011, between the City of Ramsey,. a Minnesota Municipal Corporation ( "City "), and Ace Solid Waste, Inc a Minnesota corporation 6601 McKinley St. NW, Ramsey, MN ( "Contractor "). The City and the Contractor agree as follows: SECTION 1. PURPOSE The purpose of this agreement is to establish a curbside recycling project for the collection of Recyclable Materials from residents of the City of Ramsey. SECTION 2. DEFINITIONS For purposes of this Contract, the following words and terms shall have the definitions given them by this section. A. "CITY ADMINISTRATOR" means the then duly appointed and qualified City Administrator of the City of Ramsey. B. "CONTAINER" means plastic wheeled carts with lids provided by and maintained by the Contractor in which Recyclable Materials can be stored and later placed at curbside for collection as specified by the City. C. "RECYCLING PROGRAM" means the collecting of all Recyclable Materials accumulated in Containers at Residential Properties located within the City and the transporting of the Recyclable Materials to a site where they can be processed for the marketplace as determined by the Contractor. D. "RECYCLABLE MATERIALS" means glass containers having no plastic, metal or other lids, PET, HDPD containers with a neck, metal beverage and food cans, newspapers, corrugated cardboard, boxboard defined as cereal, cake, and chip boxes, paper cartons defined as juice, milk, soup and broth cartons, mixed mail, paperback books, magazines and phone books and other materials as mutually agreed by the City and Contractor. E. "RESIDENTIAL PROPERTY" means all single family and other residential dwelling units where a separate driveway and /or garage exists for each unit or group of units within City limits. Multi -unit apartment buildings and residential dwelling units above commercial businesses, which, for the purposes of this contract, are not defined as Residential Property, are specifically excluded from this contract.. 1 F. "SINGLE SORT RECYCLING" means residents may place all Recyclable Materials in the Container provided without sorting by type of material. SECTION 3. SERVICES TO BE PERFORMED A. The Contractor shall collect at curbside all Recyclable Materials from every Residential Property in the City on an every other week schedule. The Contractor will inform the City of the current collection schedule and update the schedule if it changes. If the Contractor desires to change the collection day for any Residential Property, or group of properties, the request must be submitted in writing to the City. Changes in collection days cannot be made without advance approval of the City. The Contractor is responsible for educating residents of any day change with at least two education notices. B. The Contractor shall not be required to make regular collections on State of Minnesota legal holidays; provided, however, that collection shall occur on the routes reasonably in advance thereof or thereafter in the opinion of the City and Contractor so that the every other week schedule can be completed regardless of a holiday. C. The Contractor shall provide the following equipment and labor biannually for recycling days: 1. Roll -off boxes or equivalent as mutually agreed upon by the City and Contractor for the drop off of scrap metal and Recyclable Materials by City residents. 2. All required labor for loading and removal of materials collected 3. Trucking services for the delivery and removal of the roll -off boxes D. The Contractor, upon implementation of Single Sort Recycling, will provide every Residential Property with a Container. Single family homes will receive a - - 65 gallon size Container and each townhome will receive a 35 gallon size Container. After 90 days, residents may exchange their delivered Container with a smaller or larger Container based on their needs. Container exchanges for size are limited to once per year per resident. E. The Contractor will support Recycling Program promotion as follows: 1. When Containers are delivered for the Single Sort Recycling Program, the Contractor will include a printed flyer detailing and promoting the program. 2. The Contractor, in conjunction with City, will develop a promotional program that includes a quarterly recycling participation contest and an "opt -in" e -mail address database for those residents who want to be kept informed on the latest recycling developments. 2 • 3. In order to help the City identify new recyclers, the Contractor will send a monthly "Cart Delivered" report to the City. 4. All Containers delivered for recycling will have a printed education flyer attached to the lid outlining the details of the Recycling Program. 5. The Contractor will meet with the City at least once every quarter to discuss and consider outreach and educational information and materials to promote recycling, target specific Recyclable Materials, and identify problem materials that are not acceptable. F. The Contractor will provide Containers or equivalent at the City's public works facility for delivery of Recyclable Materials collected by City employees in the City parks and at City events. Size of Containers and frequency of collection will match the need. Public "drop -off' will not be allowed. SECTION 4. TERM OF CONTRACT A. The term of this Contract shall be January 1, 2011 through December 31, 2012 (the "Contract Term "). SECTION 5. PREPARATION FOR COLLECTION A. All occupants of' Residential Properties in the City will be directed to prepare and store Recyclable Materials in a manner consistent with the Contractor's collection program. • B. City residents will be advised that containers in which Recyclable Materials have been stored must be placed on the boulevard area of the street in front of their residence for collection. Containers must be placed for collection by 6:30am on the scheduled day of collection. C All Recyclable Materials placed for collection shall be owned -by, - and_be_ the __ responsibility of, the occupants of each Residential Property until said materials are handled by the Contractor. Upon handling of the Containers and Recyclable Materials by the Contractor, the Recyclable Materials become the property and responsibility of the Contractor. SECTION 6. CONTRACTOR'S EQUIPMENT A. All vehicles used by the Contractor in picking up the Recyclable Materials from the Residential Properties shall be painted and marked uniformly and shall be identified on both sides of the vehicle. Broom and shovel in good usable condition shall be placed and maintained on each vehicle. B. The Contractor shall make all collections of Recyclable Materials in vehicles with closed tops on the load portion so that contents will not spill or leak. All of the Contractor's receptacles and vehicles shall be kept clean and as free from 3 offensive odors as possible and shall not be allowed to stand in any street or other place longer than is reasonably necessary to collect Recyclable Materials. C. The Contractor shall keep all equipment used in the performance of the work required by this Contract in good operating condition and in a clean, sanitary condition and shall thoroughly wash each vehicle at least twice each month or before each semi - monthly collection unless the same has not been used since the last washing. All of the Contractor's equipment is subject to periodic inspection by the City to assure that said vehicles and/or equipment are being maintained in a clean and sanitary condition. SECTION 7. CONTRACTOR'S OPERATIONS A. The Contractor shall establish and maintain, in a location approved by the City Administrator, an office staffed and capable of accepting complaints and customer calls. The office shall be in service during the hours of 8:00 a.m. and 5:00 p.m. on all days of collection as specified herein. The address and telephone number of the office shall be given to the City in writing. Any changes in address and telephone number of the office shall be given to the City in writing at least ten (10) working days prior to such change. B. The Contractor shall collect curbside Recyclable Materials between the hours of 7 :OOam — 6:OOpm or as mutually agreed upon by the Contractor and the City. C. Complaints on service will be taken and collected by the City in addition to those received at the Contractor's office. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for all corrective actions. A record of all such complaints and the action taken thereon shall be kept by the Contractor and reported to the City's Community Development Department whenever requested. All complaints shall be answered by the Contractor courteously and promptly. D. The City shall notify the Contractor by 12:00 noon on the work day following the scheduled pick -up of all missed stops. The Contractor is required to service such locations before 5:00 p.m. on the date of notification. E. The Contractor's employees shall handle all Containers with reasonable care to avoid damage, shall replace all Containers in an upright position and shall immediately clean up and dispose of any Recyclable Materials which may have fallen out of a Container. F. The performance of the Contract shall be done by the Contractor with forces which are adequate to insure the satisfactory collection and disposal of the Recyclable Materials at all times. Contractor's failure to perform shall not be excused by adverse conditions of weather, breakdown and similar hindrances which on other work might be regarded as "acts of providence ". 4 • G. The Contractor shall certify that the materials collected in the recycling project are delivered to a recycling processing center. Materials found to be landfilled will be in violation of City ordinance and will cause the Contractor to incur the penalties listed in the City's recycling ordinance. SECTION 8. COMPENSATION A. The City will compensate the Contractor for the collection of Recyclable Materials from City residents at a rate of $2.95 per month per Residential Property for calendar years 2011 and 2012. B. The number of Residential Properties will be updated not less than every calendar quarter and will be equal to the number of Residential Properties billed for participation in the Recycling Program through the City's utility billing system. C. The rate per Residential Property is fixed and cannot be changed without mutual agreement of both parties. SECTION 9. FILING OF REPORTS The Contractor shall submit a monthly summary describing the residents' participation rate, the quantity and kinds of all Recyclable Materials collected and the primary purchaser(s) of the Recyclable Materials. Monthly summaries shall be submitted no later than the 15th day of the month following the month for which the report is submitted. SECTION 10. ACCESS TO RECORDS The Contractor shall permit the City to review its books, documents, papers and records which are directly related to the performance of this Contract for the purpose of making an audit, and other examinations deemed necessary by the City. SECTION 11. INSURANCE Prior to the commencement of this Contract, the Contractor shall furnish the City with certificates or copies of the following policies of insurance, approved by the City Administrator, showing that such insurance is in force. All endorsements shall apply to both bodily injury or death and property damage coverage. A. Comprehensive general public liability insurance insuring against liability for bodily injury or death, in the sum of $500,000 for any one person and in the sum of $1,000,000 for two or more persons in the same occurrence, and for damages to property in the sum of $500,000. B. Workers' compensation insurance and employers' liability insurance as required by law. 5 C. Automobile liability and property damage insurance, including coverage for non - owned and hired vehicles, in limits as for comprehensive general public liability coverage stated above. The City shall be named as an additional insured on the above policies, for coverage needed only for work, as specified in this Contract, which endorsement shall provide that coverage may not be terminated or changed by the insurer except upon 30 days' written notice to the City Administrator. No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this Contract, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease or death of any coverage under the contractual liability endorsement of the liability of the Contractor under this Contract. Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve the Contractor from liability assumed under any provisions of this Contract. SECTION 12. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Contract by the Contractor, its employees, agents or subcontractors. Nothing in this Contract shall be construed to create an employer /employee, partnership, joint venture, license or agency relationship between the parties hereto and neither party shall have the right or authority to bind the other in any manner. For purposes of this Contract, Contractor shall be deemed an "independent contractor" as defined by law. Contractor's employees shall not be entitled to any employment benefits given to City employees. SECTION 13. TERMINATION The City shall have the right to terminate this Contract prior to the expiration of its term if in the City's opinion, there has been a breach of its terms by the Contractor or if the City decides to change the way in which it provides for the refuse and recycling services. SECTION 14. PENALTIES. AND DAMAGES A. Failure by the Contractor . to perform under this Contract, may result in its termination and/or claims by the City for damages. B. In the event of breach of this Contract by the Contractor, or proven negligence by the Contractor, the Contractor agrees to pay, in addition to the actual damages 6 sustained by the City as a result thereof, the reasonable attorney's fees incurred by the City in pursuing any of its rights under this Contract. SECTION 15. SUCCESSORS AND ASSIGNS The Contractor binds itself, its successors, executors, administrators and assigns to the City in respect to all covenants of this Contract, except that the Contractor shall not assign or transfer any part of its interest in this Contract nor shall the Contractor assign any moneys due, or to become due, without the City's written consent. SECTION 16. AMENDMENT, MODIFICATION OR WAIVER No amendment, modification, or waiver of any condition, provision, or term of this Contract shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or wavier. Any waiver by any party or any default of another party shall not affect or impair any right arising from any subsequent default. SECTION 17. SEVERABLE PROVISIONS Each provision, section, sentence, clause, phrase, and word of this Contract is intended to be severable. If any provision, section, sentence , clause, phrase, or word hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Contract. SECTION 18. ENTIRE CONTRACT This Contract contains the entire understanding of the parties hereto with respect to the transactions contemplated hereby and supersedes .all prior agreements and understanding between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Contract or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. SECTION 19. CAPTIONS, HEADINGS OR TITLES All captions, headings or titles in the paragraphs or sections of this Contract are inserted for convenience of reference only and shall not constitute a part of this Contract as a limitation of the scope of the particular paragraphs or sections to which they apply. 7 The representative of Ace Solid Waste, Inc., hereby acknowledges receipt of this Contract and has reviewed the conditions of this Contract and has agreed that they comply with the terms of this Contract. CITY OF RAMSEY, MINNESOTA By: Bob Ramsey Its Mayor Attest: By: Kurds G. Ulrich Its City Administrator 8 ACE SOLI s Pre: dent STA1'B OF MINNESOTA ) ss. COUNTY OF ANOKA On thisc d7 day o 3/), before me, a Notary Public, personally appeared Bob Ramsey and Kurtis G. Ulz4ch, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and City Administrator of the City of Ramsey, the Municipal Corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporate seal of said Municipal Corporation, and the said instrument was signed and sealed on behalf of said Municipal Corporation by authority of its City Council and said Bob Ramsey and Kurtis G. Ulrich acknowledge said instrumen o be the fre act • d • eed of said Municipal Corporation. STATE OF MINNESOTA COUNTY OF ANOKA ) ) ss. SIGNA 'URr. OF NOTARY PUBLIC OR OTHER OFFICTAt \-- - N,QTA. 1JAL STAMP OR SEAL (OR OTHER TITLE OR RANI. JOANN THIELING Notary Public Minnesota ommleeinn IresJanua 31,2015 On this A2-- ay of . Peze -'►^ , J°'P before me, a Notary Public, personally appeared chweiW , the s e of Ace Solid Waste, Inc., a Domestic Corpora ion under the laws of the State of Minnesota, on behalf of the corporation. 9 IGNATURE OF NOTARY PUBL OFFICIAL Notary Public Minnesota My Comm. Expires Jan 31. 2015 1709 .(11 WdES l l101 'Ol'PO aw!i Pan!"' • REAL. CLASSIC. RESIDENTIAL RECYCLING SERVICES CONTRACT This agreement between the City of Anoka (City) and Allied Waste Services of North America, LLC d/b /a Allied Waste Services of the Twin Cities - Eden Prairie (Contractor) is comprised of this written Agreement, the City of Anoka, Minnesota Request for Proposals (RFP) for Recycling Collection Services (released September 17, 2010), and A Proposal for the Recycling Collection Services presented to the City of Anoka from Allied Waste Services of the Twin Cities, dated October 22, 2010, which are incorporated herein by reference, all of which are hereinafter collectively referred to as the "Contract," which is effective as of April 1, 2011 through March 31, 2014. In the event of any conflicting language among the aforementioned documents, the language of this Agreement shall govern. The City and Allied Waste Services agree as follows: 1. GENERAL COLLECTION SERVICES a) Service Details & Schedule Contractor shall be granted exclusive rights to provide bi- weekly (every other week) Collection services of single- stream recyclable materials for all single - family residences, multi - family residences (weekly as needed) of 5+ units or more, and at specified municipal buildings (listed below), Mondays through Thursdays only, except in the case of a holiday. A zone system will be used (Attachment 1 — Map). Collection hours commence no earlier than 7:00 a.m. and must be completed no later than 6:00 p.m. on each scheduled Collection day. b) Single- Stream Materials Contractor shall collect the following single - stream recyclables materials: o Newsprint o Corrugated Cardboard o Aluminum Cans o Steel & Tin Cans o Glass Jars & Bottles o Plastic Bottles with necks ( #1 & #2) o Magazines / Telephone Books o Mixed Paper / Mail o Boxboard o Any additional materials added to the stream by Contractor E 'd HE ' "N 1 IAI»)c;I 1i(7 'n7lpn tO9 Wdgc:l P"! 3aq (Contractor to notify City Recycling Coordinator and residents at onset of any additional material added to the stream). c) Single - Family Properties Recyclables are to be collected at the curb, except when a resident's physical abilities are impaired and in which case recycling Collection will be serviced via walk -up to container located next to the house or garage as requested. Service via some alleys may be required. d) Multi- Family Properties Recyclables are to be collected at each property's designated area and may need to be serviced weekly depending on need. Service via some alleys may be required. e) Municipal Buildings Recyclables are to be collected at the curb_ Anoka Municipal Buildings to be Serviced: • Anoka City Hall, 2015 First Avenue • Public Safety Center, 275 Harrison Street • Better 'Values Liquor Stores, 847 East River Road & 809 W. Hwy. 10 • Anoka Aquatic Center, 1551 -7th Avenue North (Surnmer months only) • Anoka Senior Center; 1500 6th Avenue • Greenhaven Golf Course, 2800 Greenhaven Road • Public Services — 501 Pierce Street Holidays Refers to any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other holidays mutually agreed to by the City and Contractor. In no instance will there be more than one holiday during a Collection week. Contractor shall publish a yearly calendar including alternate Collection days as needed. g) Severe Weather Contractor may postpone recycling Collections due to severe weather at the sole discretion. of Contractor. If Collections are postponed, Contractor shall notify the City Recycling Coordinator via telephone or e-mail. Upon postponement, Collection will be made on a day agreed upon between the City and Contractor. h) Force Majeure Contractor's performance is excused for events outside its control; further, unexpected occurrences such as severe weather conditions, strikes, labor disputes, excess debris resulting from stonn or other acts of gods, etc. should qualify as events of Force Majeure_ 2 +� a C7Q7 'o i IAIJIIC' I 1 1 (17 (\7 'i In • ti09Z ' °N NdES: l a1i1 pane o 2. ADDITIONAL REQUIRED SERVICES: In addition to the General Collection Services, Contractor: a) Shall hire a summer intern for 2011 to work to increase recycling at multi- family properties, at designated city parks and common areas, and to promote recycling at city sponsored events including Anoka Riverfest & Craft Fair, Anoka Classic Car Show, and all three Halloween parades. b) Shall work with the City Recycling Coordinator and the Waste Reduction & Recycling Board (WRRB) to develop new programs to help increase tonnage and participation. Shall provide for the covered storage of up to 1,000 small recycling containers, related to the multi - family program, purchased and owned by the City. Shall provide at its own expense an annual public education flier to be included as an insert in the City's utility bills for all single - family and multi.- family households at the onset of said Contract and each January of the Contract. The flier shall include an annual service calendar highlighting service weeks and holidays, a list of acceptable materials, a list of unacceptable materials, how to prepare materials for Collection, and Contractor contact information for questions, concerns, or comments. e) Shall request approval of the flier from the City Recycling Coordinator prior to printing. A PDF of the document shall be supplied to the Recycling Coordinator for additional printing needs. • Produce and submit to the City Recycling Coordinator a 1/3 page (3 -up) yearly calendar of scheduled service weeks for printing and distribution by the City to new single - family residents. • Shall provide a copy to the City Recycling Coordinator of any other information mailed to residents each year of the Contract. f) Shall provide a recycling truck or roll-off container and one personnel to collect single -stream recyclable materials at the annual spring and fall recycling drop off days and submit a tonnage receipt to the City Recycling Coordinator within 30 days after the event. g) Shall provide 1 or 2 roll -off containers and 1 or 2 personnel to collect scrap metal materials at the annual spring and fall recycling drop off days and submit a tonnage receipt to the City Recycling Coordinator within 30 days after the event. 3 S d HE ' °N IAI,JRG; 1 1 1117 '/17 .11n 17091' °N WdES:I pan!aaad h) Shall provide a recycling container and annual Collection during the spring months for telephone book recycling to the right of the main entrance at Anoka City Hall, 2015 First Avenue North. i) Shall provide recycling containers and weekly service at two designated city parks for a recycling pilot program each year of the Contract from the day after Memorial Day to the day after Labor Day. 3. EQUIPMENT & OPERATOR REQUIREMENTS a) Contractor shall retain sufficient equipment to fulfill the requirements and specifications of the services of this Contract. b) Contractor must be an equal opportunity employer and must have a license issued by the City of Anoka as governed by appropriate City Code. c) Contractor must be able to show proof of proper bonding, insurance, proof of vehicle liability and workers' compensation insurance at any given time. In addition: The City shall be named as an additional insured on all insurance policies procured by Contractor, except for the workers' compensation insurance policy or policies. The City's requirement to be named as additional insured shall be Limited to the extent of Contractor's negligence. Upon the commencement of each Contract Year, Company shall provide certificates of insurance to the City evidencing the insurance policies required under this Agreement (and renewals thereof) and shall present such policies for review by the City upon demand. • The insurance policies required herein shall contain clauses substantially in the following words: (i) "Notwithstanding any other provision in this policy, to the extent of Company's obligations pursuant to the agreement between Company and the City of Anoka, the insurance afforded hereunder to the City . shall be contributory as to any other insurance or reinsurance covering the City, and such other insurance or reinsurance shall not be required to contribute to any liability until the appropriate limit of liability afforded hereunder is exhausted." (ii) "This policy may not be canceled or materially changed until thirty (30) days after receipt by the City of written notice of such cancellation or change in coverage, as evidenced by receipt of a certified letter." The requirement to give notice to Customer should be solely limited to the event of "cancellation" of insurance policy. 4 0 J C707 'oM Ili i n r' I I n 7 n 7 • 1, n 17091'0N '1)0 2U11j pania�ad The City may, from time to time, reasonably adjust the coverages and policies required to be furnished by Company hereunder, to comply with applicable laws and regulations of the State of Minnesota. or in a manner consistent with the coverages and policies which are typically provided by similarly situated companies. • d) Equipment operators must meet all Federal, State, and local licensing and operation requirements. e) Contractor shall use the equivalent of two recycling vehicles and one front -end loader for larger properties in the City. Contractor vehicles shall be maintained in good working condition, comply with all State inspection requirements and be kept neat in appearance. Contractor shall have a contingency plan in the event that a vehicle or operator is unavailable so that service is uninterrupted. h) Contractor will provide one personnel on each truck. i) Vehicles shall be designated for recyclables Collection only (unless front load truck is required for larger containers) and equipped with two -way communication device, warning flashers, backup alarms, and a broom and shovel for spills. Contractor's name and telephone number shall be prominently displayed on both sides of each vehicle, and a sign indicating the vehicle makes frequent stops shall be included. j) Contractor will deliver all collected recyclable materials to the Allied Waste Minneapolis Recycling Center located at 724 44th Avenue North. Should the delivery destination of materials change, Contractor agrees to notify City Recycling Coordinator in a timely manner. k) Contractor guarantees the City that essentially all of the collected net recyclable materials from the City Anoka will be recycled by use of some 200 different outlets in North America and around the world that Allied Waste Services has well established relationships with. All of the materials that arrive at the Allied Waste Services that are not recyclable, will be taken to the Renztepin Energy Recovery Company's Incinerator in downtown Minneapolis to be incinerated. Should that information change throughout the term of the Contract, Contractor shall inform the City Recycling Coordinator of such change(s). 4. PERSONNEL REQTJEREMENTS a) Contractor shall retain sufficient personnel to fulfill the requirements and specifications of the services of this Contract. 5 L 'd EZE' °N IAIJf1L'1 I IA7 ,r7 •i �n t49l ' °N 'OZ 'P0 a "!1 P ° ^!" Contractor's personnel shall be trained both in program operations and customer service and insure that all personnel maintain a positive attitude with the public and City staff and shall: • Conduct themselves at all times in a courteous manner and use no abusive or foul language. • Perform their duties in accordance with all existing laws and ordinances and future amendments to Federal, State of Minnesota, and local laws and governing boards. • Be clean and presentable in appearance. • Wear a uniform and employee identification badge or name tag. • Drive in a safe and considerate manner. • Manage containers in a careful manner. • Monitor for any spillage and be responsible for cleaning up any litter or breakage resulting from the service. • Avoid damage to property. • Abstain from operating vehicle while under the influence of alcohol or illegal controlled substances. 5. CUSTOMER SERVICE REQUIREMENTS a) Customer Service Personnel Contractor shall provide a sufficient number of personnel to receive complaints and answer curbside recycling questions via telephone between the hours of 8:00 a.m. and 4:30 p.m. weekdays, except holidays. Contractor shall have a voiceniail system activated to receive telephone calls after business hours and on weekends. Missed Collections Contractor shall pick up missed recycling Collections on the same day it receives notice of a missed Collection, provided notice is received by Contractor before 11:00 a.m. on a business day. if notice is received by the Contractor after 11:00 a_m. or on a non - business day, Contractor will pick up the missed Collection no later than 4:00 p.rn. the next business day. c) Customer Complaints & Complaint Log All service complaints shall be handled by the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions and shall answer all complaints courteously and promptly. Contractor shall maintain a log of all complaints, including the nature of the complaint, naive, address, and telephone number of the complainant, date and time received, Contractor's response, and the date and time of response. Contractor will provide a detailed monthly report to the City Recycling Coordinator. 6 0 a C7Q7 'OM • • IAI J I C H I I (17 f17 ' l D r 1709 Z 'oN NdES:I IIOZ OZ' }gyp quail panlaaa� 6. REPORTING REQUIREMENTS Contractor shall provide certified weight slips for all collected materials within 15 days of the end of the previous month. If recyclable material is not weighed individually, Contractor must indicate the procedure that will determine the individual material breakdown. Contractor shall report; by individual material and amounts, where materials are delivered for recycling. If that entity is a broker, only then Contractor must report what end market the broker used. Summaries by brokers and end markets must be provided within 30 days of the end of the previous month. If collected materials are stored for a period of more than -8120 days, the amounts of materials by type and location of storage must be reported to the City. An accurate method indicating the percentage of households (including multi- family residences) participating in the recycling program must be provided to the City Recycling Coordinator on a monthly basis. Tonnage reports shall also be provided on a monthly basis. At a minimum, Contractor shall include the following information on a monthly basis: • Total quantities of recyclable materials collected, listed by material type in tons. • Net quantities of recyclable materials marketed, listed by material type in tons. • Log of all complaints • Log of all resident addresses where "education tags" were left because of non - recyclable materials set out for recycling. • Average participation rates and explanation of how rates were calculated. • Also, a list of single -- family households and multi - family buildings not participating in the recycling program can be requested on an annual basis. 7. RECYCLING CONTAINERS Contractor shall provide containers for use of single- stream Collection program_ Contractor will maintain an inventory of new and replacement containers and is required to service and repair damaged containers. Contractor shall maintain sufficient container inventory of various sizes (30- and 90- gallon) to meet supply and demand needs for the entire term of the Contract. Additional containers and or varying sizes shall not change the service fee to any household. The standard container size for single - family shall be approximately 60 gallons. The containers shall be uniform and consistent in color and design, have a recycling symbol and an approved instruction label imprinted on it so it is easily identifiable by the resident/customer and the Contractor driver as the recycling Collection container. Should 7 6 'd El8l ' °N IMIJ1C.'I 11/17 '(\7 -i in ti09Z 'of N1dgc :l I LOZ 'OZ 1U 1 the information on the lid fade or peel, Contractor will replace the container(s) as requested. Contractor shall furnish each multi- family property with a sufficient amount and sufficient sizes of containers for recycling Collection services listed in this Contract. Some multi- family properties shall be serviced on a weekly basis as needed 8. PAYMENT TERMS a) Recycling Fees As indicated in Contractor's proposal, the monthly fee per household for single - family is $2.39 and the monthly fee per household for multi- family (5 units or more) is $1.79 beginning April 1, 2011. b) Compensation for Services Based on a Fee per Household The City agrees to pay Contractor for recycling Collection services provided to the City as described in Contractor's proposal, and made part of this executed Contract, based on 4,650 single - family household units and 2,650 multi - family household units, as indicated in the RFP and certified by the City. By February 1" and August 1" of each year of this Contract, the City will review the number of certified single - family and multi - family households and notify Contractor of any changes. Contractor shall submit itemized bills for recycling Collection services provided to the City on a monthly basis. City shall make payment of invoices within thirty (30) days following receipt of an invoice. Contractor shall submit two copies of the monthly documentation and reports. One copy shall be sent to the City Utilities Department along with the monthly invoice, and one copy shall be sent to the City Recycling Coordinator. c) Consumer Price Index Contractor may increase recycling service Collection fees based on an increase in the All Urban Consumers 'Garbage and Trash Collection' Consumer Price Index from the Bureau of Labor and Statistics website http: / /www.bls.gov /cpilhome, by no greater than 3% of current recycling fees. If the CPI for the previous calendar year is negative, the price per household would remain unchanged for the subsequent year. The service rate may be adjusted once per year beginning on April 1, 2012, and each 1St of April thereafter, only if the City is notified in writing by February 1" of those years, using this index for a calendar year from November to November. The November year- over -year increase or decrease in the CPI for this category will be used as the percentage multiplier to determine the increase or decrease in the rate. This will occur should the proper documentation and letter justifying the increase be presented to the City Recycling Coordinator in advance no later than 8 A1 �i r7n7nr.i p;niaaa� r I 1 1 A 7 .A7 1709 ''N WdES:l IIOZ 'OZ awil pani2�2� February 1, 2012, and each year thereafter of the Contract. d) Change in Law. In the event there is a change or addition in new local, state or federal rules, ordinAnces, regulations, taxes or government charges, that affects the Contractor's cost of providing service, such as a tax on services, other than property taxes, Allied Waste Services may open the Contract for impact review of this cost increase. Any changes in rates must be supported by documentation, and upon discussion with the City of Anoka, the agreed upon amount shall be passed on to the City. e) Damage to Property Contractor shall take all necessary precautions to protect public and private property. Contractor shall repair or replace any private or public property, including but not limited to, sod, mailboxes, or recycling containers, which may be damaged by Contractor. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within five working days with property of the same or equivalent value at the time of the damage. If Contractor fails to repair or replace the damaged property within five working days, the City may, but shall not be obligated to, repair or replace such damaged property, and Contractor shall fully reimburse the City for any of its reasonably incurred expenses. Contractor shall reimburse the City for any such expenses within ten (10) working days of receipt of the City invoice. f) Liquidated Damages Contractor shall agree that the City may withhold payment to Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations: 1. Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner - $50 per incident. 2. Failure to service properly notified missed Collections - $250 per incident. 3. Failure to provide accurate monthly and annual reports - $100 per incident. 4. Failure to complete the Collections within the specified timeframes without proper notice to the City Recycling Coordinator - $100 per incident. 5. Failure to clean up spills during Collection operations - $250 per incident. 6. The Contractor shall be liable for liquidated damages amount(s) upon determination of the City of Anoka, for performance that has occurred that is not consistent with the provisions of the Contract. The City shall notify Contractor in writing or electronically of each act or omission discovered 9 11 'd HE ' °N i�ialG:l I In7 'n7 'Inn 1709Z ' °(\1 aw"1 by the City. It shall be the duty of the Contractor to take whatever steps or actions may be necessary to remedy the cause of the complaint. 9. CONTRACT TERMS a) Contract Dates Contract shall be for a three (3) year period commencing April 1, 2011 and ending on March 31, 2014. Contract pricing shall remain fkrm•for the length and terms of this Contract, except for changes in the CPI (Section 8C) and any changes in law (Section 8D). The City may consider up to two consecutive one -year Contract extensions with Contractor of the three (3) year Contract. b) Annual Performance Review Meeting Contractor shall meet with the Waste Reduction .& Recycling Board each spring to review the Contract and each fall to review Contractor's performance for the length of the Contract. Performance to be measured by the following: • Reporting information (tomaage, participation, etc.) • Efforts to expand recyclable markets • Feedback from residents to city staff • Recommendations for improvement in the city recycling program. • Communication. efforts with the City Recycling Coordinator • Customer service and Collection service inquiries/issues c) Contract Termination The City may cancel the Contract if Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured within 30 days after receiving written notice of default. The City shall pay Contractor all compensation earned prior to the date of termination, minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished and un nished documents, data, studies, surveys, route maps, route notes, models, photographs; reports or other materials prepared by 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 termination. d) Bold Harmless 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 Contractor, its employees, its agents, or employees of the subcontractors, in the performance of the services provided by the Contract or by reason of the failure of Contractor to fully perform, in any respect, any of its obligations under the Contract. The indemnity obligations of Contractor shall be limited to the negligence and willful misconduct of Contractor, and anyone directly or indirectly employed by Contractor. 10 7 I 1 C7n7 •n&I IAIJ I C.' I I I n7 'n7 —10n 1709 'OZ pan! aaad If Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute §3.732, et seq., shall apply with respect to liability bonding, insurance, and liability limits. The provisions of the Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. Contractor shall keep and make available to the City for inspection at all reasonable tiraes,'ail'records reasonably required by the City to determine the impact of the recycling program on total landfill waste and cost of disposal, including, but not limited to, records showing all tipping fees and volume and/or weight of landfill waste originating in the City. Contractor shall also keep accurate records of the additional costs of implementing this recycling program and shall make such records available to the City at all reasonable times. This Agreement shall remain in effect through March 31, 2014, unless renegotiated or terminated as provided herein. Such termination may be effected by either patty without further liability by giving written notice to the other party 150 days in advance of the termination. (e) Adjustments Semi - annual additions or deductions in the total possible number of households will be subject to verification and agreement between the City and the Contractor. The City shall provide a report each February and each August noting the number of single - family households and multi- family households in the city_ The monthly invoicing will reflect these adjusted semi - annual household figures. Termination upon Material Breach Either party may terminate this Contract if there has been a breach of any material provision of this Contract by the other party. Notices to Contractor and Opportunity to Cure Notwithstanding Termination upon Material Breach, City will have no right to terminate this agreement unless Contractor fails to cure said breach to the satisfaction of the City Manager within ten (10) days of written notice of such breach from the City to the Contractor. (h) Cure of Material Breach by City If the Contractor fails to cure any breach of this Agreement within ten (10) days of written notice of such breach from the City, the City Manager will be authorized to hire such persons and equipment, or assign City employees and equipment, as may be necessary to do such work, and the reasonable cost of such expenses thereof may be charged and deducted from. any monies due the Contractor, collected from the Contractor, or collected by recourse to the Contractor's bond or financial guarantee instrument submitted. 11 El d EZ8Z WdlS :l l loZ 'oz ' ;30 DATE: APPROVED DATE: l2 hi 'a C7Q7 'OM '1709Z ' °N Wd�S: L HOZ OZ 'S °0 awil panla°a� ALLIED WASTE SERVICES OF THE TWIN CITIES BY: ryasz Z,t -�u an, Area President InIaI G:1 1107 '(17 '13n 2011 Anoka County Municipal Recycling Contracts City Contractor Recycling Price Collection Type Garbage Contract Price Yard Waste Price Term Renewal ra Single Family Multi Family 35 gal 64 gal 96 gal Senior Multi -unit Single Family Multi Family Anoka Allied Waste $ 2.39 $ 1.79 single sort NA NA 4/1/11 - 3/31/14 up to 2 consec 1 yr exts Blaine Veolia ES $ 2.46 NA single sort $ 8.15 $ 11.65 $ 13.65 $ 6.82 same* separate service* NA 1/1/09 - 12/31/15 mutual agreement Centerville Waste Mgmt $ 4.09 NA single sort $ 8.22 $ 12.29 $ 16.60 $ 7.27 $ 7.50 12/31/09 - 12/31/12 mutual agreement Circle Pines Waste Mgmt $ 2.80 $ 2.80 single sort $ 9.05 $ 12.70 $ 17.65 ** NA $1. per bag ** NA 1/1/11 - 12/31/15 mutual agreement Columbia Heights Veolia ES $ 2.31 $ 2.13 single sort $ 11.25 $ 11.78 $ 14.69 $ 11.13 $ 1.89 NA 1 /1 /10 - 12/31/14 mutual agreement Fridley Allied Waste $ 2.73 $ 1.92 dual stream NA NA 4/1/11 - 3/31/12 mutual agreement Ham Lake Ham Lake Haulers included w /garbage * ** single sort $ 10.14 $ 15.02 $ 17.32 Not Available $ 13.57 NA NA 1/31/11 - 2/1/14 mutual agreement Hilltop Waste Mgmt $ 2.65 $ 1.39 single sort NA NA 5/31/10 - 5/31/15 mutual agreement Ramsey Ace Solid Waste $ 2.95 $ 2.95 single sort NA NA 1 /11 /11 - 12/31/12 none Spring Lake Park Waste Mgmt $ 2.52 $ 1.34 single sort NA NA 1 /11 /11 - 12/31/15 mutual agreement *Blaine's upper level of $13.65 is unlimited. The same levels of service apply to Blaine's four -plex townhomes with associations. Blaine senior rate it 1/2 the unlimited rate and is based on age and fmancial hardship. Blaine's yard waste is a separate service between the resident and hauler. * *Circle Pines' recycling price - no tax. Circle Pines' senior rates are $8.10, $11.40 & $15.85 -upper level not unlimited Yard waste carts added $85 /season. Rates are not listed in the contract. ** *Ham Lake 5.75% tax is charged on the total amount of recycling and garbage (per Doris Nivala 6/16/11). • C:\ Users \marty.asleson \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2J29RE8F \Anoka County Recycling Contract Table 2011.xls Jan. 18. 2011 11:11AM WASTE MGMT No. 0507 P. 2 G �`' Contract for Recycling Materials Collection Between City of .Hilltop and Waste Management of Minnesota, Inc.. Waste Management of Minnesota, Inc. will perform recycling materials collection services for City of Hilltop on the following principal'terms. Material. This contract relates to the recyclable materials collected by Waste Management from domestic sources within City of Hilltop, MN. Acceptable recyclable materials are as follows: • Glass Bottles /Jars - Clear, Green or Brown. (No lids and caps - rinse clean). • Plastics - #'s 1 -7, with a neck, commonly accepted plastic bottles are soda bottles, milk and water jugs and laundry product containere. (No lids, cape, pumps or metal handles - rinse clean). • Metal Can & Aluminum Cans - Rinse Clean. • Commingled paper - Newspaper, Pressboard, Mixed Paper, Magazines, Junk mail, and Phonebooks. • Corrugated cardboard - boxes must be flattened and shall not be larger than 3 feet by 3 feet square. No collection will be made of solid waste or hazardous waete. In addition, the following items are not acceptable recyclable,materials,:,paper plates, plastic bags, plastic deli'or take -out packaging or utensils,.styrofoam, window 51ass, ceramics• or dishware,'mirrors,-light bulbs - • Schedule. Waste 'Management shall establish bi- weekly schedule for curbside collection of residential recyclable materials. Each residential building in the City, shall be a collection point, and residents will be responsible to deposit their reeyclables at the curb (within two feet) as designated by Waste Management in approved recycling containers. Term of Agreement. The term of this Agreement is to be for a five -year period, beginning July 1, 2010 through June 30, 2015 and shall be automatically renewed for three -year periods thereafter unless either party shall give written notice of termination to the other party at least 60 days prior to the termination of the initial term or any renewal term. In the event the parties determine not to renew this Agreement and the city determines to seek bids for service, the City shall provide notice to Waste Management not less than twenty • days before the close'of such bids. Exclusive Provider. During the term of this Agreement, 'including any extension thereof, Waste Management'shall be the exclusive provider of residential recycling services to the City of Hilltop. • Jan, 18. 2011 11:11AM WASTE MGMT No. 0507 P. 3 Rates for Service. Waste Management will bill for its collection services on a monthly basis at the following rates per month per residential . household /dwelling. Single- Family Units 1$t year $2.65 2nd year $2.73 3rd year $2.81 4tn year $2.89 5°' year $2.97 Multi- Family Unit let year $1.39 2nd year $1.43 3rd year $1.47 4; year $1.51 5`h year $1.55 A Recycling Material Offset (RMO) will also be credited or debited to your monthly invoice as previously explained to the city. The RMO will be adjusted to reflect increases or decreases in material processing costs and fluctuations in commodity values. For purposes of accounting for rates and numbers of collection points, the number of domestic dwellings in the City shall be deemed to be the number of residential collection points. The City shall at least annually provide up -to- date accurate information about numbers of residents for the purpose of determining the rates and numbers of collection points. Additional Cost. Any enactment or amendment of any federal„ state or local statutes, ordinances, rules, regulatione or subsidies governing recycling after the date of execution of this Agreement that would affect operational costs to Waste Management or the material recovery facility would become a negotiable item between City of Hilltop and Waste Management. Waste Management rue]. Surcharge. The City agreee to pay Contractor an additional fee according to the attached Collection Fuel Surcharge Table(see attachment A) . Billing and Payment. Waste Management will submit statements for servioee provided during the preceding month on a monthly baeie to the City. Statements will be due and payable within fifteen days after statement date. Public Education. Waste Management will participate in educating City residents on recycling and will seek to promote recycling in a manner(s) mutually agreed upon by the City and Waste Management. Worker's Compensation. Waste Management will 'comply with all requirements of the Minnesota's Workers Compensation Act in order to provide insurance coverage at its expense for all persons it employs during the term of this Agreement. Xnsurance. Waste Management shall at all timee during the Agreement, maintain in full force and effect Employer's Liability, Workmen's Compensation, Public Liability and Property Damage insurance. Waste Management agrees to furnish City of Hilltop, upon request, certificates of ineurance or other evidence satisfactory to the city to the effect that such insurance has been procured and is in force. Contractor shall indemnify and save harmless the City from any and all claims and causes of action which may be asserted against the City on account of any negligent. act of omission of the Contractor or their employees and agente in connection with their performance of the work. Termination Waste Management. Waste Management may terminate the contract for non - payment of services with thirty days notice to the city. Waste 2 • • • Jan, 18. 2011 11: 11AM WASTE MGMT No, 0507 P. 4 Management with 30 days notice to the city, due to any substantial change in matters of law affecting its performance of services hereunder may terminate the contract. Without limiting the generality of the foregoing sentence, any enactment or amendment of Minnesota or United States statutes and regulations governing recycling after the date of execution of this Agreement shall be deemed to be a substantial change in a matter of law. Termination - City of Hilltop. The contract may be terminated by the City for Waste Management's failure to complete it's obligations as herein before set forth in .a workmanlike manner or in accordance with established practices and standards as recognized for similar types of work. If Waste Management receives written notice of non - compliance', Waste Management reserves the right to remedy the issues within 30 days from its receipt. If the problems are not resolved and Waste Management is deemed non - compliant after this period, the City Board may choose to terminate the services of Waste Management following a 30 -day notice period Any funds due to Waste Management shall be due and payable by the 10 day of the month following termination. WASTE MANAGEMENT OP MTNNESOTA, =O. BY: �n -�^ �-" 1 1/• T• • ACCEPTED BY City of Hilltop, MN. DATE: — �Q %a BY: PAMk.) Y Q4\-. Title: C4 ceeha2-) • Michael E. Fleming Vice President 3 • 2011 Goals Environmental Goals • Promote environmental stewardship with the citizens of Lino Lakes by communicating environmental initiatives in the city using various means of communication such as: • City Web Pages • Newsletter Spring Summer Fall Winter • homeowners association meetings • information kiosk • press coverage • Earth Day • Arbor Day • Recycling Day — (May 7th) • Work with Centennial School District with a focus on ECFE • Participate in Blue Heron Days (August), providing public service educational material to the public. • Offer a series of conservation workshops for residents through the • Anoka County Soil Water Conservation District for 2011. • • Offer Build Your Own Rain Barrel Workshop. • Participate in Earth Day (April) activities in the community, promoting environmental awareness and collaboration with other environmental focused organizations. • Monitor any activity in the AUAR as well as other proposed development areas, focusing on the values Lino Lakes citizens have expressed in the vision for our city and the unique ecological aspects of our wetlands, lakes and streams and subsurface waters. Apply mitigation plan as defined for that area. • Perform an evaluation of past Environmental Board recommendations for development projects. Review a sampling of a variety of projects by site visits, discussion with city staff, and landowners, neighbors, on the outcomes of the Board's recommendations. If necessary, submit a summary of significant findings resulting from the review in writing to the Community Development Director. • Promote conservation development within the City incorporating the Open Space/Trail Plan and Handbook for Environmental Planning and Conservation Development within the scope of the new Resources 1 liJ LD Management Plan, and the Resources Management Plan RMP -3 • To meet or exceed our City recycling goal of 50 (1737 tons) percent or greater of our Municipal solid waste. Find innovative ways to promote and encourage recycling as a city. Add recycling materials to kiosk. • Establish a Community Garden site and preparatory plan for a Gardening Group. • Create a preparedness Plan for EAB • Work on Wollan's Park Wetland Banking. • Continue to monitor the Heron rookery and water quality in the northern one third of Peltier Lake and to support the protection of resources in that area. • Monitor comp plan approval process and any new environmental impacts. • Update current water management plan. • • • • • MIDS Project Cities' Perspective & Concerns October 2011 MInn_sxc Grle_ rmwai_r -anion 1. There are many types of land areas for which volume reduction (VR) BMPs are inappropriate and /or unnecessary. These may include: • Karst geology • Shallow bedrock • Shallow groundwater • Urban land • Pollution hot spots • Drinking water protection areas • Areas where groundwater is sensitive to surface water influences (see county groundwater atlases) • Areas where the increase in SW runoff volume due to urbanization may not result in substantive degradation to receiving waters, including: • drainage areas to high -order streams • drainage areas to large lakes or wetland systems (where the resulting change in bounce may be trivial) 2. Volume is a useful surrogate for pollutant loading, in many circumstances, but there are limits to its use as a surrogate. Over - reliance on volume reduction should be avoided. 3. Non -VR BMPs should be accepted in situations where VR BMPs are physically feasible. 4. Non -VR BMPs should be part of a "parallel" compliance path, not an "alternative" or "secondary" compliance path 5. The implementation of non -VR BMPs should not depend on approval of the reviewing entity for consideration. 6. There may be cases where non -VR BMPs will be significantly more cost effective than VR BMPs. Flexibility, including cost as a factor, to use non -VR BMPs should be included in the performance standard. 7. Stormwater ponds (existing and new) should be included in the mix of BMPs considered in the context of the MIDS Project. 8. New BMPs (iron- enhanced sand filters, SAFL Baffle, etc.) should be included in the mix of BMPs in the context of the MIDS Project. 9. There are important issues that need to be addressed before we strongly promote wide - spread implementation of infiltration. • Groundwater contamination & sensitive areas • PAHs — runoff from residential driveways & parking Tots ■ High traffic volume runoff to underground infiltration BMPs • Depth to groundwater • Groundwater mounding analysis ■ Pretreatment standards ■ Linkage to groundwater atlases and drinking water protection maps • Mapping of inappropriate areas • Drinking water protection • Urban land (NRCS) • Class V regulation • Long term performance of infiltration BMPs • Long -term maintenance obligations for infiltration BMPs 10. Options allowing for regional approaches should be addressed. 11.A wide range of issues related to road projects and redevelopment should be addressed. • • •