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HomeMy WebLinkAboutAgenda Packets - 2017/03/27 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 27, 2017 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Oath of Office – City Council Member Bill Bergeron B. Presentation from Ramsey County Commissioners Blake Huffman and Mary Jo McGuire 7. COUNCIL BUSINESS A. Resolution 8737, Authorizing the Installation of a Perimeter Fence Surrounding Police Department Parking Area B. Resolution 8736, Accepting Bids and Awarding Contract to Thein Well Company, Inc. for Municipal Well No. 1 Rehabilitation 8. CONSENT AGENDA A. Resolution 8738 , Approving Severance for John Hughes, Public Works Community Center Custodian B. Resolution 8739, Approving a Cigarette/Tobacco License to AB Liquor, LLC (doing business as ABC Liquor) located at 2840 Mounds View Boulevard C. Schedule a Public Hearing for Monday, April 10, 2017, at 7 p.m. to Consider a Honeybee Keeping License located at 2071 Terrace Drive. Applicant: Adam Retterath D. Resolution 8728, Approving an Agreement with Simple Recycling for Free Curbside Pickup of Clothing and Household Goods 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None City Council Agenda Monday, March 27, 2017 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Administrator Reports C. Reports of City Attorney 12. Next Council Work Session: Monday, April 3, 2017, at 7:00 p.m. Next Council Meeting: Monday, April 10, 2017, at 7:00 p.m. 13. ADJOURNMENT MOUNDS VIEW CITY COUNCIL Oath of Office I, William Bergeron, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as a City Council member of the City of Mounds View, to the best of my judgment and ability. _________________________ William Bergeron _________________________ Date _________________________ James Ericson (seal) City Administrator Item No: 7A Meeting Date: March 27, 2017 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nate Harder, Chief of Police Item Title/Subject: Resolution 8737 Approving the Installation of a Perimeter Fence Around the Police Department Parking Lot Introduction The Mounds View Police Department is requesting approval of the installation of a perimeter security fence around the Police Department parking lot. This has been discussed at several city council meetings and a variance was granted in January from the Planning Commission. Discussion The purpose of fencing the parking lot is to secure the Sally Port entrance which exists through the front yard and prevent children and the public from accessing the Police parking lot from the adjacent City Hall Park and playground area. The Sally Port is the garage entrance, in which persons in custody are brought into the Police Department. A fence will serve as additional security to deter unauthorized persons from entering or exiting the Sally Port when the garage door is open. The playground behind City Hall is immediately adjacent to the Police Department’s back parking lot where patrol vehicles are parked. The playground is fenced to deter children from accessing the lot, however, there is nothing to prevent children and the public from walking around this fence to access the parking lot. Additionally, the parking lot is accessible from the adjacent trail and ball field, and serves as a shortcut between the park and the Community Center. The City is concerned about the possibility of a pedestrian in the parking lot not being seen when a police vehicle is making a fast exit. The fence will be gated, similar to the Public Works facility. Authorized personnel will be given a code to open the gate. The fence has been discussed at several council meetings and had a variance approved by the Planning Commission on January 4, 2017. Quotes have been received from both Midwest Fencing and Century Fence. Century Fence was the lower of the two quotes at $24,675.00. (Midwest Fence was slightly higher at $25,914.00.) The fence quotes are for a black vinyl dipped 6 foot chain link security fence with gate, as previously discussed. Fence Request for Police Parking Lot March 27, 2017 Page 2 Summary This perimeter fence will prevent pedestrians from being able to cut through the highly travelled police parking lot, and would further secure assets at the police department. The Mounds View Police Department is requesting council approval of a perimeter fence in the amount of $24,675, installed by Century Fence. Recommendation Staff recommends approval of Resolution 8737, authorizing the purchase and installation of the perimeter fence from Century Fence at the quoted price of $24,675.00. ____________________ Chief Nate Harder Attachments: 1. Site Plan 2. Resolution 8737 Site Plan RESOLUTION 8737 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF A PERIMETER FENCE AT $24,675.00 FROM CENTURY FENCE WHEREAS, the Mounds View Police Department has alerted the City Council to a security issue that can be resolved by installing a perimeter fence around the Police Department parking lot; and, WHEREAS, in addition to security concerns, a need exists to prevent pedestrian traffic from cutting through the Police Department parking lot; and, WHEREAS, a perimeter fence would protect both the public and officers and increase operational security at the Police Department; and, WHEREAS, the Mounds View Planning Commission has approved a variance to allow a six-foot tall fence in a front yard. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby authorize the purchase and installation of a six-foot tall perimeter fence around the Police Department parking lot, installed by Century Fence, in the amount of $24,675, paid for out of Account 480-4180-3030. Adopted this 27th day of March, 2017. _____________________________ Carol A. Mueller, Mayor ATTEST: _____________________________ James Ericson, City Administrator (seal) Item No: 7B Meeting Date: March 27, 2017 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian L. Erickson, Public Works Director/City Engineer Michael L. Richie, Public Works Project Coordinator Item Title/Subject: Resolution 8736, Accepting Bids and Awarding Contract to Thein Well Company, Inc. for Municipal Well No. 1 Rehabilitation Background: The City established a maintenance program whereby well, pump, and motors for municipal wells would be evaluated and rehabilitated on a seven-year cycle. A longer period of eleven years was attempted; however, it was discovered that this period was too long to identify minor problems and correct them before they became major replacements. Municipal Well No. 1 was last rehabilitated in May 2010 and is now due. Municipal Well No. 1 has not operated since November 2015 due to reduced pumping capacity observed in this well. Discussion: The Public Works Engineering Division prepared plans and specifications in-house and solicited quotes from qualified well contractors. The quote proposal included a base schedule which was further divided into basic work items (items that will be done). Additionally, an alternate schedule was also used to solicit prices for advanced work items (work that might be required after inspection of the well and well components). The base schedule was reviewed to determine the lowest successful quote. Quotes were solicited from seven (7) qualified well contractors, and five (5) returned quotes. The following table provides the bidders names, and associated quotes: Rank Well Contractor (City, State) Quote Amount Low Thein Well Company, Inc. (Spicer, MN) $31,557.00 2 E.H. Renner & Sons, Inc. (Elk River, MN) $33,520.00 3 Keys Well Drilling Company (Saint Paul, MN) $33,880.00 4 Bergerson Caswell Inc. (Maple Plain, MN) $36,165.00 5 Traut Companies (Waite Park, MN) $46,105.00 The low quote was submitted by Thein Well Company, Inc. of Spicer, Minnesota. Rehabilitation for Municipal Well No. 1 has been included in the Capital Improvement Program and in the adopted 2017 budget in the amount of $45,000, and funded under the water enterprise fund (700-4823- 7050). If awarded, Thein Well Company, Inc. will begin scheduling the well rehabilitation work as soon as possible. The contract documents require that the work be substantially complete by May 26, 2017, with final completion on or before June 23, 2017. Recommendation: Staff recommends that the City Council adopt the attached resolution approving the construction contracts with Thein Well Company, Inc. for $31,557.00 for rehabilitating Municipal Well No. 1. Staff further recommends a 20% contingency of $6,313 for quantity over-runs or additional work resulting from unknown conditions discovered during construction. The total budget for well rehabilitation is not to exceed $37,870.00. All contingency funding would require pre-approval by the Public Works Director. Respectfully submitted, Brian L. Erickson – Public Works Director/City Engineer RESOLUTION 8736 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING BIDS AND AWARDING CONTRACT TO THEIN WELL COMPANY, INC. FOR MUNICIPAL WELL NO. 1 REHABILITATION WHEREAS, the City established a maintenance program whereby municipal wells, pumps, and motors would be rehabilitated on a seven year cycle; and WHEREAS, Municipal Well No. 1 was last rehabilitated in May 2010 and has not operated since November 2015 due to reduced pumping capacity observed in this well; and WHEREAS, the Public Works staff prepared bid documents in-house for the well rehabilitation work in accordance with industry standards and the City solicited seven (7) and received five (5) quotes; and WHEREAS, Thein Well Company, Inc. of Spicer, Minnesota submitted the lowest quote in the amount of $31,557.00; and WHEREAS, funding for rehabilitating Municipal Well No. 1 has been planned for in the Capital Improvement Program and in the adopted 2017 Budget under Water Infrastructure and Equipment Maintenance (700-4823-7050); and WHEREAS, City staff recommend approving a construction contract with Thein Well Company, Inc. to perform well rehabilitation work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The quote proposal for $31,557 submitted by Thein Well Company, Inc. from Spicer, Minnesota for Municipal Well No. 1 rehabilitation (City Project No. 2017-C07) is hereby approved. 2. City Staff is authorized to prepare a construction contract agreement between the City of Mounds View and Thein Well Company, Inc. for $31,557.00. 3. The Director of Public Works is authorized to make approvals related to quantity over-runs or additional work resulting from unknown conditions discovered during well rehabilitation up to a combined total of $6,313 (20% contingency) on behalf of the City Council. 4. The Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to execute and enter into a construction contract agreement with Thein Well Company, Inc for said project for said price. 5. Payment for rehabilitating Municipal Well No. 1 shall be funded by the Water Enterprise Fund account (700-4823-7050) in an amount not to exceed $37,870.00, which includes the 20% contingency noted above. Adopted this 27th day of March 2017. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 08A Meeting Date: March 27, 2017 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8738, Approving Severance for John Hughes, Public Works Community Center Custodian Background John Hughes resigned from his position effective March 9, 2017. Mr. Hughes has been working for the City since 1999. Attached is Resolution 8738, which authorizes severance to Mr. Hughes in accordance with Public Works Collective Bargaining Unit Agreement. Discussion In accordance to the labor agreement, Mr. Hughes has 650.0 eligible sick hours to be placed into his Retirement Health Savings Plan (RHSP). Mr. Hughes is authorized a sick time payout totaling $7,913.75 to his Retirement Health Savings Plan. In accordance with the Public Works Collective Bargaining Unit Agreement, this is calculated as 650.0 eligible sick hours times 50% times his hourly rate of $24.35. Resolution 8738 also provides a payout on Mr. Hughes’s vacation time. In accordance with Public Works Collective Bargaining Unit Agreement, Mr. Hughes is authorized a vacation time cash payout totaling $1,132.51. This calculated as 46.51 accrued/unused vacation hours times his hourly rate of $24.35. Recommendation Staff recommends approving Resolution 8738. Respectfully submitted, _______________________ James Ericson RESOLUTION NO. 8738 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE PAYMENT TO JOHN HUGHES, PUBLIC WORKS COMMUNITY CENTER CUSTODIAN WHEREAS, John Hughes submitted his resignation and his last day of employment was March 9, 2017; and WHEREAS, in accordance to the Public Works Collective Bargaining Unit Agreement, Mr. Hughes has 650.0 eligible sick hours to be placed into his Retirement Health Savings Plan (RHSP); and WHEREAS, the balance of accrued and unused vacation is 46.51 hours; and WHEREAS, John Hughes’s current rate of pay is $24.35 per hour; and WHEREAS, in accordance with the Public Works Collective Bargaining Unit Agreement, the maximum potential payout of his eligible sick time is 650.0 x 50% x his hourly rate of $24.35 = $7,913.75; and WHEREAS, in accordance with Public Works Collective Bargaining Unit Agreement, the maximum potential cash payout of accrued/unused vacation time will be 46.51 hours x his hourly rate of $24.35 = $1,132.51. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a one-time payout of sick time not to exceed $7,913.75 into John Hughes’ RHSP in accordance with the Public Works Collective Bargaining Unit Agreement. NOW, BE IT FURTHER RESOLVED that the Mounds View City Council approves a one-time cash payout of vacation time not to exceed $1,132.51 in accordance with the Public Works Collective Bargaining Unit Agreement. Adopted this 27th day of March, 2017. ________________________________ Carol A. Mueller, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) Item No: 08B Meeting Date: March 27, 2017 Type of Business: CA City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8739, a Resolution to Approve a Cigarette/Tobacco License for AB Liquor, LLC (doing business as ABC Liquor) Located at 2840 Mounds View Boulevard Discussion: AB Liquor, LLC (doing business as ABC Liquor) is requesting City Council approval for a Cigarette/Tobacco License located at the 2840 Mounds View Boulevard. Owners of AB Liquors, LLC, have completed all applications materials and have paid the application fee for this license. AB Liquors, LLC was approved for a liquor license by the City Council at the March 13, 2017, City Council Meeting. Recommendation: Staff recommends approval of this Cigarette/Tobacco License. This license will expire on June 30, 2017. Respectfully Submitted, ____________________ Desaree Crane RESOLUTION 8739 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF A CIGARETTE/TOBACCO LICENSE FOR AB LIQUOR, LLC. (DOING BUSINESS AS ABC LIQUOR) LOCATED AT 2840 MOUNDS VIEW BOULEVARD WHEREAS, AB Liquor, LLC (doing business as ABC Liquor) is requesting City Council approval for a Cigarette/Tobacco License located at the 2840 Mounds View Boulevard; and WHEREAS, AB Liquor, LLC (doing business as ABC Liquor)have submitted the appropriate application materials and fees; and WHEREAS, the licensing period would be from March 28, 2017 - June 30, 2017; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby approve a Cigarette/Tobacco License to AB Liquor, LLC (doing business as ABC Liquor) located at 2840 Mounds View Boulevard from March 28, 2017 to June 30, 2017. Adopted this 27th day of March, 2017. ___________________________________ Carol A. Mueller, Mayor ATTEST: ___________________________________ James Ericson, City Administrator (seal) Item No: 08D Meeting Date: March 27, 2017 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8728, Approving an Agreement with Simple Recycling for Free Curbside Pickup of Clothing and Household Goods Introduction: Paul Gardner, from WasteZero, representing Simple Recycling, made a presentation to the City Council at the February work session. The City Council felt the free curbside pickup service offered to City residents would be a worthwhile added benefit as a means of free disposal of clothing and other reusable household goods. The Agreement had been on the March 13, 2017 agenda but was removed to address a couple outstanding issues. These have since been resolved to both Simple Recycling and the City. Discussion: Five metro area cities already have agreements with Simple Recycling where they are already providing the indicated services: Brooklyn Center, Brooklyn Park, Crystal, New Hope and St. Louis Park. We have contacted staff at the cities indicated, all of whom noting positive experiences with Simple Recycling and the services provided. The City Attorney has reviewed the attached agreement and finds it to be acceptable. Recommendation: Approve Resolution 8728 which approves a five-year agreement with Simple Recycling to provide free curbside pick-up of clothing and household goods within the City of Mounds View. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 8728 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SIMPLE RECYCLING FOR FREE RESIDENTIAL CURBSIDE PICKUP OF CLOTHING AND HOUSEHOLD GOODS WHEREAS, the City Council heard a presentation at its February work session regarding a free program being offered to residential customers for free curbside collection of clothing and household goods; and, WHEREAS, the City Council desires to engage Simple Recycling to provide these free curbside collection services within the City of Mounds View; and, WHEREAS, the City Attorney has reviewed and approved the form of the attached Agreement. NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City Council does hereby approve entering into an Agreement with Simple Recycling and authorizes execution of said Agreement by the Mayor and City Administrator. Adopted this 27th day of March, 2017. _______________________________ Carol A. Mueller, Mayor ATTEST: ______________________________ James Ericson, City Administrator (seal) AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES This Agreement for the Collection of Soft Recyclables (“Agreement”) is made and entered into this___ day of _________, 20____, (the “Date of Execution”) by and between City of Mounds View, a municipal corporation with an address at 2401 Mounds View Boulevard, Mounds View, Minnesota 55112 (herein referred to as “CITY”), and Great Lakes Recycling, Inc. d/b/a Simple Recycling, an Ohio corporation with a business address at 5425 Naiman Parkway, Solon, OH 44139 (together which with its successors and assigns, herein referred to as "Contractor"). W I T N E S S E T H: WHEREAS, Contractor is skilled and experienced in the collection and efficient recycling and disposition of Soft Recyclables; and WHEREAS, CITY desires to limit and restrict the quantity of Soft Recyclables which are deposited in the landfill; and WHEREAS, CITY has selected Contractor to collect, identify, haul, recycle and/or dispose of Soft Recyclables in the CITY’s Service Area; and WHEREAS, Contractor can provide such services and is in the business of and has the expertise, experience, resources and capability to perform the collecting, identifying, packaging, hauling, recycling and disposing of Soft Recyclables; and Now, THEREFORE, in consideration of the premises and material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by the parties, Contractor and CITY (herein collectively called the “Parties”) hereby agree as follows: 1.Term. This Agreement shall begin upon the Date of Execution and continue for an initial term of five (5) years (the “Initial Term”). At the end of the Initial Term Contractor and CITY have the right to renew for additional five (5) year terms upon mutual agreement (each such term an “Extension Term” and collectively, the “Term”). During the Term, Contractor shall have the sole and exclusive rights to pick up Soft Recyclables in the CITY’S Service Area. 2.Contractor’s Program Commencement. During the Term, Contractor agrees to begin providing program services on the earlier of the following: (1) a date no later than the ___ day of _________, 20____, or; (2) a date on which Contractor provides written notice to CITY that sufficient population density has been achieved in the Service Area to support program services (the “Date of Commencement”). In either event, the Date of Commencement will be no later than twelve (12) months from the Date of Execution of this Agreement. On the Date of Commencement,Contractor agrees to furnish all labor, equipment, tools, and services required and necessary for the collection and disposal of Soft Recyclables within CITY and the Service Area and provide qualified supervisory personnel to direct the activities of Contractor under this Agreement. 1 495998v23 DTA MU125-11 3. Collection Procedures. During the Term and after the Date of Commencement, Contractor shall collect all acceptable Soft Recyclables set out for recycling and collection by Residential Customers in approved Containers. The decision of what is an "acceptable" Soft Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event shall Contractor be required to accept any Excluded Items (excluded items include, but are not limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste) and in no event shall Contractor provide service to Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not in a Container. Contractor agrees to operate collection vehicles in such a manner to prevent materials from being blown from the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to CITY. 4.Ownership.Soft Recyclables set out for collection on the regularly scheduled collection day shall belong to Contractor from the time that they are physically collected by Contractor. Soft Recyclables physically collected by Contractor shall be deemed acceptable Soft Recyclables for the purposes of its obligations under this Agreement. 5.Set Out Procedures.Residents shall place Soft Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not set out in accordance with this paragraph. 6.Contamination and Improper Set Out. If Contractor encounters any improperly packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable items, and leave contaminants at Curbside. 7.Collection Schedule.Contractor shall divide the Service Area into collection areas to coincide with CITY collection zones and dates for its existing recycling pickup schedule. Collections shall be made from Service Recipients on a regular schedule in accordance with the existing CITY recycling pickup schedule; however, Contractor reserves the right to alter the frequency of the scheduled pickups on an as needed basis, provided, however, that pickups must still occur on the same days as CITY’s then-existing recycling schedule. Contractor shall not be required to perform any service under this Agreement on Holidays. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion 2 495998v23 DTA MU125-11 makes the pick-up of the Soft Recyclables from a Service Recipient impracticable under the circumstances. 8. Missed Collections and Complaints.Service Recipients shall be instructed by CITY to report missed collections and complaints to Contractor. The Program Brochure and other program information shall include contact information for the Contractor to facilitate communication from Service Recipients. Contractor shall give prompt and courteous attention to all reported missed collections and complaints. 9.Inventory of Containers.During the term of this Agreement, Contractor shall purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution to Service Recipients. Prior to commencement of service under this Agreement, Contractor shall provide new Containers to each Service Recipient. Containers shall initially be delivered to Service Recipients with an informational brochure on the recycling collection program described herein that is produced and printed by the contractor and approved by CITY, which approval shall not be unreasonably withheld (the “Program Brochure”). 10.Contractor’s Fee. Contractor shall pay to CITY a contract fee of One Cent ($0.01) per pound of all Soft Recyclables collected by Contractor in the Service Area. Payments shall be made to CITY not more than thirty (30) days following the close of each calendar month during the term of this Agreement. Weight shall be collected and documented upon completion of each collection day. 11.Publication Information and Education Program.CITY shall provide public information in the normal course to inform Service Recipients of this recycling program. The content and timing of CITY public information shall be coordinate with and approved by Contractor. Contractor may prepare and distribute its own promotional materials subject to CITY approval. Contractor shall participate in CITY directed promotion and education efforts as outlined below: a.During the course of the routine recycling pick up, provide and distribute notices regarding rejected materials and proper set out procedures. b.Training of employees to deal courteously with customers on the telephone and on-route to promote the collection service and explain proper material preparation. c.Coordinate with CITY for distribution of written promotional and instructional materials directly to Service Recipients. d.Be available a minimum of two times per year to participate in promoting the collection service at an area fair, neighborhood association program, school, or community event. e.Provide advice to CITY on promotion and education material content and presentation. 12.Telephone and Customer Service.Contractor shall maintain and adequately staff a local toll-free telephone number where complaints of Service Recipients shall be received, recorded and handled to the best of Contractor’s abilities, between the hours of 9:00 AM and 4:30 PM Monday through Friday, excluding Holidays. Typ ically, all "call backs" shall be 3 495998v23 DTA MU125-11 attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not contacted on the first attempt, Contractor shall make subsequent attempts on the next working day after the original call. Contractor shall make a minimum of three (3) attempts within twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be recorded on a log kept by Contractor. 13.Marketing and Disposition of Recyclable Material. Contractor shall be solely responsible for the marketing and sale of collected Soft Recyclables, and shall be solely responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell the Soft Recyclables in a timely manner. 14.Insurance. During the term of this Agreement Contractor agrees to keep in force, with an insurance company licensed to transact business in Minnesota, an "occurrence basis" insurance policy or policies indemnifying, defending and saving harmless CITY from all damages (except for damages caused by CITY's own negligence, willful misconduct or failure) which may be occasioned to any person, firm, or corporation, whether damages are by reason of any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no less than: a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single limit per accident for bodily injury and property damage. c. Worker's Compensation/Industrial Insurance: Limits as required by the State of Minnesota. The general liability provisions and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. CITY, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. b. Contractor's insurance coverage shall be primary insurance as CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to CITY, its officers, officials, employees, or volunteers. d. Contractor's insurance shall apply separate to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 495998v23 DTA MU125-11 e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, nor reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to CITY. 15.Indemnification and Hold Harmless.To the fullest extent permitted by law, Contractor shall indemnify CITY, its officers, employees, agents, volunteers and others acting on CITY’s behalf, hold them harmless, and defend and protect them from and against any and all loss, damage, liability, claim, cost or expense (specifically including reasonable attorneys’ fees and other costs and expenses of investigation and defense), of any sort, arising out of or otherwise in connection with the Contractor’s performance, or the performance of any subcontractor or other person or entity for whose acts or omissions the Contractor is legally responsible, under this Agreement. Notwithstanding the foregoing, the Contractor shall not be responsible for any loss, damage, liability, claim, cost or expense to the extent it is alleged and established that such loss, damage, liability, claim, cost or expense was occasioned by the negligence or willful misconduct of CITY in connection with the performance of this Agreement. CITY shall have the right, at its own expense, to associate in the defense of any action defended by the Contractor pursuant to this provision. Contractor’s obligations under this provision shall survive the expiration or termination of this Agreement. 16.Compliance with Law. Contractor agrees to comply with all published ordinances, laws, rules, and regulations, together with amendments thereto, of the State of Minnesota, the United States of America, or CITY pertaining to the services to be performed hereunder. 17.Taxes.Contractor agrees to save CITY harmless from any and all taxes or assessments of any kind or nature levied by any political subdivision upon Contractor by reason of services rendered for Soft Recyclables and disposal for CITY. 18.Employee Conduct.All Contractor personnel must maintain a courteous and respectful attitude toward the public at all times. At no time must they solicit, request or receive gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane language at all times during the performance of duties. Any employee of Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous must be removed from service under this contract by Contractor. 19.Monthly Reports.Contractor shall provide monthly project status reports. These reports will be due within fifteen (15) days of the close of the month being reported. At a minimum, the reports shall include detailed data to allow analysis of collection and processing efficiencies including pounds of Soft Recyclables collected in the prior month and the payment of the required fee to CITY. 20.Inspections.Upon reasonable advanced request to Contractor, CITY reserves the right to inspect the facilities, equipment and operations of Contractor to assure itself of the appearance and compliance with contractual provisions of this Agreement. Upon reasonable advance request, CITY reserves the right to review the records kept on the Soft Recyclables collected under the terms of this Agreement to test and validate the weights claimed. CITY agrees to notify Contractor, in writing, at least forty-eight (48) hours prior to such inspections and shall indicate the reasonable basis for requesting the inspection. 5 495998v23 DTA MU125-11 21.Meetings and Communications.In order to minimize problems and to provide thereafter a forum for discussing and resolving any issues that may arise, the Parties agree to meet on a regular basis and to adopt communications procedures as follows: Meetings After Collection Begins. After Collections begin, meetings shall be held no less frequently than a quarterly basis, unless otherwise mutually agreed, between representatives of the Parties. Such meetings shall be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. Designation of Representatives. Each party shall send at least one representative to each meeting. CITY shall send to each meeting at least one staff member with operation expertise. Each party shall designate one, and only one, representative as its Lead Representative. If a party sends only one representative to any meeting, that person shall be conclusively presumed to be its Lead Representative. 22. Compliance with Laws and Regulations.Contractor agrees that, in performance of work and services under this contract, Contractor will qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 23.Termination and Breach. Either party may terminate this Agreement without cause upon one hundred eighty (180) days advance written notice.In the event of a breach of the terms and conditions of this Agreement by either Party hereunder, the non-breaching Party may elect to terminate this Agreement by providing the defaulting Party with a written notice of such default, and allowing the breaching Party a period of thirty (30) days from and after the date of such notice to cure the breach complained of to the satisfaction of the non-breaching Party. In the event said breach is not cured within the thirty (30) day period, this Agreement shall be terminated at the option of the non-breaching Party (for-cause) as of the last day of the period. In the event CITY elects to terminate this Agreement without cause, CITY shalla. pay those demobilization and closeout costs shown by Contractor to the CITY with reasonable certainty within thirty (30) days of termination. In the event CITY terminates this Agreement for Contractor’s uncured breach,Contractor agrees to furnish services under this Agreement until such time as another Soft Recyclables collection and disposal contractor can be selected by CITY, in CITY’s sole discretion, and CITY shall not be required to pay any of Contractor’s demobilization and closeout costs. In the event Contractor elects to terminate this Agreement without cause,b. Contractor shall continue to provide service for the full period of the one hundred eighty (180) days’ notice, while cooperating fully with CITY in transition to a new entity to perform recycling of Soft Recyclables. In the event Contractor terminates this Agreement because of CITY’s uncured breach, CITY shall pay those demobilization and closeout costs shown by Contractor to the CITY with reasonable certainty within thirty (30) days of termination. 6 495998v23 DTA MU125-11 24.Severability.Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement. 25.Independent Contractor Status.In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of CITY. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers’ Compensation benefits, or any other benefits which accrue to CITY employees and Contractor expressly waives and claim it may have or acquire to such benefits. 26.No Assignment.This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. 27.Amendment. No subsequent change or modification of the terms of this Agreement shall be made except by a writing signed by both Parties. 28.Equal Opportunity. Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religions, sex, or national origin. Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. 29.Data Practices. Contractor will have access to data collected or maintained by CITY to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from CITY in the same manner as CITY is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of CITY. Contractor acknowledges that, pursuant to Minn. Stat. § 13.05, subdivision 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this agreement is subject to the requirements of the Act and that the Contractor must comply with the Act as if it were a government entity. Contractor agrees to defend and indemnify CITY from any claim, liability, damage or loss asserted against CITY as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to CITY, as requested by CITY. 30.Choice of Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. 31. Definitions. 7 495998v23 DTA MU125-11 a. Commercial Customer: The term "Commercial Customer" means non-residential customers, including businesses, public or private schools, institutions, governmental agencies and all other users of commercial-type Garbage collection services. b. Container: The term “Container” means a bag, supplied by Contractor for use by the Residential Customer to set out Soft Recyclables. c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be considered a placement suitable to the resident, convenient to Contractor's equipment, and mutually agreed to by CITY and Contractor. d. Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic devices covered under Minnesota Statutes 115A.1310, etc. and any item heavier than fifty (50) pounds. e. Garbage: The term “Garbage” means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes, dead animals piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, or stumps. f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Minnesota statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law. g. Holiday: The term “Holiday” means the following days:New Year’s Day, Martin Luther King’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day, unless otherwise specified by the CITY recycling holiday schedule. h. Residential Customer: The term “Residential Customer” means and individual or individuals residing in a living space rented, leased or owned. 8 495998v23 DTA MU125-11 i. Service Area: The term "Service Area" means the municipal corporate limits of CITY plus, if necessary, one or more adjacent municipalities within a forty (40) mile radius with a minimum of forty thousand (40,000) households and be scalable to a minimum of one hundred thousand (100,000) households within a forty (40) mile radius, based on the municipalities’ collection censuses. The Service Area will encompass all of CITY’S trash and recycling collection area, as it may be amended from time to time. j. Service Recipients: The term “Service Recipients” means Residential Customers of CITY in the Service Area. k. Soft Recyclable: The term “Soft Recyclable” means items of an individual weight less than fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily men’s, women’s and children’s clothing as well as items such as jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps, sleeping bags, small furniture, small appliances, irons, radios and audio equipment, TVs and video equipment, cameras, lamps, hairdryers, tools, toasters, microwaves, coffee makers, silverware, dishes, pots and pans, glasses and the like. The definition of Soft Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement. [signature pages to follow] 9 495998v23 DTA MU125-11 IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of the Date of Execution first written above. CITY: By: ___________________________________ Carol A. Mueller, Mayor By: ___________________________________ James Ericson, City Administrator 10 495998v23 DTA MU125-11 CONTRACTOR: GREAT LAKES RECYCLING, INC. D/B/A SIMPLE RECYCLING By: _______________________________ Adam Winfield, President 11 495998v23 DTA MU125-11 Document comparison by W orkshare Compare on Thursday, March 23, 2017 1:42:41 PM Input: Document 1 ID PowerDocs://DOCSOPEN/495998/2 Description DOCSOPEN-#495998-v2-Simple_Recycling_Agreement Document 2 ID PowerDocs://DOCSOPEN/495998/3 Description DOCSOPEN-#495998-v3-Simple_Recycling_Agreement Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 8 Deletions 2 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 10 496297v2 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: March 23, 2017 To: Jim Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report CITY: MU125-11: Administration. General discussions with staff regarding various City matters. Review and provide comments regarding closed meeting protocols. Review and provide comments regarding release of police reports and compliance with data practices policies. Review and provide comments regarding water service repair specifications. Review housing inspection agreement and consult with City staff regarding same. Review and provide comments regarding data practices compliance vis-à-vis private information provided in City Council agendas. Review and revise recycling agreement. Matters are presently pending. MU125-12: Finance Department Matters. Draft response to audit request letter and forward to MMKR. Matter may be considered complete. MU125-14: Public Works Matters. Consult with City staff and contractor’s attorney regarding erosion control issues at job site (Red Oak Estates). Matter is presently pending. MU125-32: Police Department Matters. Legal research regarding police foundation parameters and resolution. Consult with City staff regarding same. Matter is presently pending. MU210-106: Labor Matters. Consult with City staff regarding labor issue. Matter is presently pending. & Jim Ericson March 23, 2017 Page 2 496297v2 SJR MU125-11 MU210-107: Telecommunications Matters. Consult with City staff regarding Verizon lease renewal. Matter is presently pending. MU210-111: General Employment Matters. Consult with City staff regarding personnel matter. Draft administrative leave letter and forward to City staff. Consult with City staff regarding upcoming hearing. Matter is presently pending. MU210-179: Street Improvement Projects. Review documentation and consult with City staff regarding contractor bankruptcy. Matter is presently pending. MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the City and have been tendered for defense by the League of Minnesota cities Insurance Trust. Consult with City staff and City Council. Consult with LMCIT attorneys. Consult with City staff regarding settlement matter. Matters are presently pending. MU210-244: G.O. Capital Improvement Bonds, Series 2017. Prepare reimbursement resolution for a possible future capital improvement plan bond. Matter is presently pending. MU210-245: Public Works Facility. Consult with City staff regarding potential contractor for project. Review A101 contract document and provide comments to City staff. Matter is presently pending. MU210-251: Hafiz Azhar Mahmood v. City of Mounds View, et al. This matter has been tendered to the League. Consult with City staff regarding matter. Matter is presently pending. EDA: MU205-47: MWF Housing Project. Review background information regarding project and provide comments to City staff. Matter is presently pending. SJR:jms