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HomeMy WebLinkAbout04-26-2022 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 26, 2022 5:30 PM AT CITY HALL 5:30 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 5:30 p.m. IL Norell Avenue North Improvements Neighborhood Meeting 6:00 p.m. III. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Chief of Police • Assistant City Administrator/City Clerk(pg. 3) 6:05 p.m. IV. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:10 p.m. V. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—April 12, 2022 (pg. 5) C. Approve Body Worn Camera Independent Audit Report(pg. 9) D. Approve Food Truck for Private Event at Valley View Park on June 1, 2022 (pg. 15) E. Approve Food Truck for Private Event at Brekke Park on June 26, 2022 (pg. 17) 6:15 p.m. VI. Public Hearings 6:15 p.m. VII. Old Business A. RFP for Solid Waste and Recycling Pickup and Disposal (pg. 19) 6:20 p.m. VIII. New Business A. 2022 MN DNR Preparing for EAB Grant (pg. 51) 6:25 p.m. IX. Other Council Items or Announcements 6:25 p.m. X. Adjournment Page 1 of 54 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 54 Oak Park Heights Request for Council .Action Meeting Date April 26, 2022 Agenda Item Recyelin!, Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature �_ _ L-A-- Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 54 City Of Oak Park Heights 14168 Oak Park Blvd.N•Oak Park Heights,MN 55082•Phone(651)439-0439•Fax(651)439-0574 April 21, 2022 Kaylin Strong 5711 Oren Ave N Oak Park Heights, MN 55082 Dear Ms. Strong: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, April 21, 2022, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Con 9ratulatio Jennifer Pinski Assistant City Administrator TREE CITY U.S.A. Page 4 of 54 P1, Oak Park Heiga t s Request for Coul7 cE Action Meeting Date April 26, 2022 Agenda Item Approve City Council Minutes—April 12, 2022 Time Req. 0 Agenda Placement Consent Agenda Originating Department/Requestor Ad tration/Jennifer Pinski 7 � Requester's Signature �f Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 54 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 12, 2022 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Alle lance/A royal of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmeinbers Dougherty, Johnson, and Runk. Staff present: City Administrator Johnson. Police Chief Hansen, City Engineer Mann, Assistant.City Administrator/City Clerk Pinski, and City Attorney Sandstrom. Absent: Councilmember Liljegren and City Planner Richards. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Agenda. Carried 4-0. IL Lifesaving Awards Presentation and Council Recess for Photographs: Chief Hansen presented lifesaving award commendations to the following officers: Sergeant Jon Givand, Oak Park Heights; Officer Brandon Crosbie, Stillwater; Officer Larry Cornell, Bayport; Officer Caitlin Jaworski, Woodbury; Detective Lee Bloomquist, Washington County; and Deputy Zachary Boesel, Washington County. ITI. Council/Staff Reports: A. Mayor McComber: Mayor McComber reported that she testified several times of the past couple of weeks; she had calls with the City's lobbyist firm, the Coalition of Utility Cities, and Small Cities; and she attended the NLC Women in Municipal Government meeting and the Small Cities Board Meeting. She said the registration was open for Metro Cities. B. Councilmember Dougherty: No report. C. Councilmen-iber Johnson: No report. D. Councilmember Lillegren- Absent. E. Councilmember Runk. He reported he would be attending the CVB meeting on April 13, and the Middle St. Croix Watershed Management Organization meeting was cancelled. F. Staff: Chief Hansen reported that all sirens were tested during Severe Weather Awareness Week, and they were all in working order. He also reported they were working on extra traffic enforcement with Washington County. Assistant City Administrator/City Clerk Pinski reported that Jay Higgins at 5630 Newgate Avenue North and Dawn and Kevin Anderson of 5665 Oldfield Avenue North were chosen as the recycling award winners. Page 6 of 54 City Council Meeting Minutes April 12, 2022 Page 2 of 3 IV. Visitors/Public Comment: A. 2021 City Ajinual Financial Statement— Review by Auditor Dave Mol: Mol provided a presentation citing a clean opinion on the financial statements, no findings on internal control over financial reporting, and no items of noncompliance noted. V. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—March 22, 2022 C. Approve City Council Worksession Notes—March 29, 2022 D. Authorize Staff to Contract with St. Croix Sweeping for 2022 Street Sweeping E. Adopt Proclamation for Fair Housing Month Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. VI. Public Hearings: None V1I.. Old Business: A. 2_022 Water Meter Replacement: Public Works Director Kegley reported that the City received a bid from Core and Main for$675,971, and the City Council previously approved $49,300 for preparation of the bid package and related work. He also added a five percent contingency to the project costs for a total cost of$759,071 with funding from Budgeted Projects-Meter and the City Renewal Replacement Fund. Councilmember Dougherty, seconded by Councilmember Runk, moved to accept the bid and proceed with funding recommendation. Carried 3-0-1, McComber abstained. B. 2022 Sanitary Sewer Slip Linin: Public Works Director Kegley reported the City received two bids with Insituform Technologies USA, LLC being the low bid for$123,414.80. He said the Council previously approved $20,500 for preparation of the bid package and related elements, and with a five percent contingency, the total project cost would be$165,714.80 with funding from the Utility Renewal Replacement Fund. Councilmember Johnson, seconded by Councilmember Runk, moved to approve the low bid and proceed with funding recommendation. Carried 4-0. VIII. New Business: A. Norell Ave Project—Ground Breaking Event: Mayor McComber suggested the City consider a ground breaking event for the Norell Page 7 of 54 City Council Meeting Minutes April 12, 2022 Page 3 of 3 Avenue road project. Councilmember Runk, seconded by Councilmember Johnson, moved to authorize staff to move forward with planning. Carried 4-0. B. Cover Park_ Garden and Historical Siem: Assistant City Administrator Pinski reported that the Parks and Trails Commission reviewed a renewal plan for the Cover Park Garden prepared by Arborist Danielson and a sign concept designed by Councilmember Johnson, and they took action to recommend approval to the City Council. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the sign and garden. Carried 4-0. C. Approve Process and Timeline for the Solid Waste and Recycling Contract RFP: Assistant City Administrator Pinski outlined the bid process, proposal language, and a timeline for seeking bids for a solid waste and recycling contract for the City. Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the process and timeline and include a weekly recycling alternate and organics alternate. Carried 4-0. D. Set Date for Goalsetting Continuation: Councilmember Johnson, seconded by Councilmember Dougherty,moved to set the goalsetting continuation for Tuesday, May 3 at 7:00 a.m. Carried 4-0. IX. Other Council Items or Announcements: Mayor McComber offered condolences to the families of Pete Orput and Jim Schug. X. Adourn: Councilmember Runk, seconded by Councilmember Dougherty, moved to adjourn at 7:00 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 54 Oak Park Heights Request for Council Action Meeting Date Aril 261h 2022 Time Required: Agenda Item Title: Approve Police Body Worn Camera Independent Audit Report Agenda Placement Consent Originating Department/Requestor Chief of Police Steve Hansen Requester's Signature Action Requested Approve the Independent Audit Report for Police Body Worn Cameras Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): An independent audit of the police department's body worn camera system was conducted on December Z7, 2021 with the final report completed March 24, 2022. The audit was completed by Lynn Lembcke Consulting and this independent audit is required every two years per MN State Law. Additionally, this audit report will be forwarded to the MN Legislative Commission on Data Practices Privacy along with the chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction. The audit was positive with the exception of one discrepancy noted in the area of department policy missing a section of procedures to ensure compliance and address violations of such policy. This is a requirement under MN State Law 626.8473 subd 3(b) (8). The body worn camera policy has since been completely updated to include such language and is now modeled under the League of MN Cities policy. Please see attached audit report. Page 9 of 54 INDEPENDENT AUDIT REPORT Chief Steve Hansen Oak Park Heights Police Department 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Dear Chief Hansen: An independent audit of the Oak Park Heights Police Department's Portable Recording System (body- worn cameras (BWCs)) was conducted on December 17, 2021. The objective of the audit was to verify Oak Park Heights Police Department's compliance with Minnesota Statutes §513.825 and 626.8473. Data elements the audit includes: Minnesota Statute §13.825 • Data Classification • Retention of Data • Access by Data Subjects + Inventory of Portable Recording System Technology • Use of Agency-Issued Portable Recording Systems • Authorization to Access Data • Sharing Among Agencies Minnesota Statute §626.8473 • Public Comment • Body-worn Camera Policy The Oak Park Heights Police Department is located in Washington County and employs ten(10)peace officers. The Oak Park Heights Police Department utilizes WatchGuard BWCs, and BWC data is stored on a local file server. The audit covers the time period March 21, 2018, through December 15, 2021, Audit Requirement: Data Classification Determine that the data collected by B l,Cs are appropriately classified. Oak Park Heights Police Department BWC data is presumptively private. All BWC data collected during the time period March 21,2018, through December 15, 2021, is classified as private or non- public data. There were no instances of data classified as public data. The Oak Park Heights Police Department had no incidents of the discharge of a firearm by a peace officer,use of force that resulted in substantial bodily harm, requests from data subjects for the data to be made accessible to the public, or court orders directing the agency to release the BWC data to the public. No discrepancies noted. Page 10 of 54 Audit Requirement: Retention of Data Determine that the data collected by BWC's are appropriately retained and destroyed in accordance with statutes. The Oak Park Heights Police Department utilizes the General Records Retention Schedule for Minnesota Cities and a WatchGuard retention period of"indefinitely." BWC data is manually purged and was last purged on April 24, 2018. All purged data was maintained for a minimum of one year, and all data is maintained for the minimum ninety(90) days required by statute. Active BWC data and audit logs are accessible in the WatchGuard Evidence Library. The server log maintains a listing of active and deleted BWC data. The Oak Park Heights Police Department has received no requests from data subjects to retain BWC data beyond the applicable retention period. No discrepancies noted. Audit Requirement: Access by Data Subjects Determine that individuals who are the subject of collected data have access to the data, and if the data subject requests a copy of the data, other individuals who do not consent to its release must be redacted. BWC data is available to data subjects and access may be requested by submission of an Oak Park Heights Police Department Information Disclosure form. During the time period March 21, 2018, through December 15, 2021, the Oak Park Heights Police Department had received no requests to view BWC data. The Oak Park Heights Police Department did fulfill a request from a data subject for a copy of BWC data. The BWC data contained no data subjects other than the requestor. No discrepancies noted. Audit Requirement: Inventory of Portable Recording System Technology Determine the total number of recording devices owned and maintained by the agency; a daily record of the total number of recording devices actually deployed and used by officers, the policies and procedures for use of portable recording systems by required by section 626.8473; and the total amount of recorded audio and video collected by the portable recording system and maintained by the agency, the agency's retention schedule,for the data, the agency's procedures for destruction of the data, and that the data are available to the public. Oak Park Heights Police Department's BWC inventory consists of five(5) devices. Device inventory is maintained in the WatchGuard Evidence Library. Officers check out a device at the beginning of their shift. The officer's name is associated to the device upon checkout. The Oak Park Heights Police Department has established and enforces a BWC policy that governs the use of portable recording systems by peace officers while in the performance of their duties. The Oak Page 11 of 54 Park Heights Police Department's BWC policy requires officers to ensure the BWC is functioning as designed at the beginning and conclusion of each shift and to report any malfunction to administrative personnel. Peace officers were trained on the use of the BWC system and policies and procedures during implementation. New officers are trained as part of their field training program. A daily record of the total number of recording devices actually deployed and used by officers was obtained from the Vista Active and Purged Event Reports and the Evidence Library. A review of BWC data collected per quarter shows a consistent collection of data. The total amount of active data is accessible in the WatchGuard Evidence Library. The total amount of active and deleted data is available in server Iog reports. The Oak Park Heights Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention in WatchGuard. BWC video is fully deleted from the local file server when deleted. Meta data information is maintained on the server. BWC data is available upon request, and access may be requested by submission of an Information Disclosure Request form. No discrepancies noted. Audit Requirement: Use of Agency-Issued Portable Recording Systems Determine f peace officers are only allowed to use portable recording systems issued and maintained by the officers agency. The Oak Park Heights Police Department's BWC policy states that only BWCs issued and approved by the department will be worn by officers. No discrepancies noted. Audit Requirement: Authorization to Access Data Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation ofportable recording systems and in maintaining portable recording system data. Sergeants conduct reviews of BWC videos to ensure proper labeling and compliance with policy. Oak Park Heights Police Department requires officers to log when videos are viewed prior to completing a report. User access to BWC data is managed by the assignment of group roles and permissions in WatchGuard. Permissions are based on staff work assignments. Access to WatchGuard Evidence Library is password protected. Agency personnel are prohibited from accessing BWC data for nonbusiness reasons or from sharing or disseminating data for non-law enforcement purposes. Access to data is captured in the audit trail. When BWC data is deleted from WatchGuard, its contents cannot be determined. Page 12 of 54 The Oak Park Heights Police Department has had no security breaches. A BCA CJIS security audit was conducted in November of 701 9. No discrepancies noted. Audit Requirement: Sharing Among Agencies Determine if non-public BWC data is shared with other law enforcement agencies, government entities, orfederal agencies. The Oak Park Heights Police Department's BWC policy states that personnel are prohibited from accessing BWC data for nonbusiness reasons or from sharing or disseminating data for non-law enforcement purposes. The Oak Park Heights Police Department requires written requests from law enforcement agencies and prosecutors seeking access to BWC data. Copies of requests are maintained in a request folder and in the case file. No discrepancies noted. Audit Requirement: Biennial Audit Determine if the agency maintains records showing the date and time the portable recording system data were collected, the applicable classification of the data, how the data are used, and whether data are destroyed as required. The WatchGuard Evidence Library and the server Active and Purged Event Reports document the date and time portable recording system data was collected, the retention period of the data, and the audit trail associated to the data. The WatchGuard audit trail, an access log, and the case file document how the data are used and shared. No discrepancies noted. Audit Requirement: Portable Recording System Vendor Determine if portable recording system data stored in the cloud, is stored in accordance with security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Oak Park Heights Police Department's BWC data is stored on a local file server. The server is located in a secure area with limited access. The server is password protected. Access to the server is managed by the Chief of Police. No discrepancies noted. Page 13 of 54 Audit Requirement: Public Comment Detcnninc if the law e)zforcement agency provided an oppo iunity for public coinnrCW before it purchased or implemented a portable recording system and if the governing hodv it-ith urisdiction over the budges of the law enforcement agency provided can opportunih,for public comment at a regularly scheduled meeting. The Oak Park Heights City Council approved the purchase of body-worn cameras their September 22, 2415, council meeting. The BWC system was purchased and implemented prior to the requirement of Minn. Statute § 626.8473, Subd. 2. No discrepancies noted. Audit Requirement: Body-worn Camera Policy Determine if a written policy governing the use of portable recording systems has been established and is enforced. The Oak Park Heights Police Department's BWC policy is posted on the agency's website. The policy was compared to the requirements of Minn. Stat. § 626.8473, Subd. 3 (b) and includes all of the minimum requirements of Minn. Stat., with the exception of§ 626.8473, Subd. 3 (b) (8)procedures to ensure compliance and address violations of policy. Discrepancy noted. This report was prepared exclusively for the City of Oak Park Heights and Oak Park Heights Police Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on information and documentation provided and examined. Dated: March 24, 2022 Lynn Lembcke Consulting Lynn Lembcke Page 14 of 54 Oak Park Heights Request for Council Action Meeting Date April 26, 2022 Agenda Itern_Approve Food Truck for Private Event at Valley View Park on.June 1, 2022 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature 4 � Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). The City received a request from Patrick Barnum and Jeff Vars from the Oak Park Heights Correctional Facility to authorize a food truck for their private event at Valley View Park on June 1, 2022 from 9;00 a.m. to 5:00 p.m. Their event is expecting a turnout of 50-70 people, and they would like to hire Northwoods Smokehouse food truck to cater their event. Their union, AFSCME, will be prepaying for the food truck and no extra or outside sales will be happening at the event. Under City Ordinance 1401, this type of request must first be approved by the City. Staff is recommending approval. Page 15 of 54 Vendor we will use for the food: Northwoods Smokehouse @ northwoodssmokehouse Phone 612- 570-4561 And as stated over the phone everything will be prepaid by our union, so they will not be charging people for this event. Thank You Jeff Vars Afscme President Oak Park Heights Correctional Facility 651-231-0831 Page 16 of 54 !'. Oak Park Heights Request for Council Action Meeting Date April 26, 2022 Agenda Item Approve Food Truck for Private Event at Brekke Park on June 26, 2022 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). The City received a request from Cheryl and Orin Gaul to authorize a food truck for their private event at Brekke Park on June 26, 2022 from 8:00 a.m. to 9:00 p.m. Their event is expecting a turnout of 50 people, and they would like to have Tom Thumb Donuts food truck cater their event. The food truck will be serving only the attendees of the event, and they will not be conducting any sales in the City. Under City Ordinance 1401, this type of request must first be approved by the City. Staff is recommending approval. Page 17 of 54 April 21, 2022 City Council of Oak Park Heights, On Sunday, June 26th, Tom Thumb Donuts would like to serve Mini Donuts and pop at the Graduation Party of Olivia Gaul. The Graduation Party is being held at the Brekke Park covered shelter area. We would not be selling the products. We would be providing free to the attendees of the Graduation Party. We would make sure all waste and garbage from our food trailer is disposed of properly. Sincerely, Orin Gaul; Owner of Tom Thumb Donuts Tom Thumb Donuts 14977 181h Street North Stillwater, MN 55082 612-590-6063 Page 18 of 54 Oak Park Heights Request for Council Action Meeting Date April 26, 2022 Agenda Item RFP for Solid Waste and Recyding RecyclingPickup and Disposal Time Req. 0 Agenda Placement Old Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Review RFP and authorize staff to move forward with process Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Following the timeline approved at your April 12, 2022 City Council meeting, staff requests the City Council review the proposed RFP and approve, subject to final review and amendments by staff and the City Attorney. April 12, 2022 City Council directs staff to prepare RFP. Staff prepares proposal form and revises proposed contract language based on City Council direction. April 26, 2022 City Council reviews and approves RFP. May 2, 2022 Staff posts and advertises Requests for Proposals for residential solid waste and recycling collection contract. July 1, 2022 Bids due at 2:00 p.m. Bid opening at 2:05 p.m. at City Hall. Staff reviews bids and prepares recommendation for the City Council. July 26, 2022 City Council considers staff recommendation and takes formal action to direct staff to execute contract. August 2022 Contract documents executed. Staff makes plans with new contractor and old contractor for transition of services/removal off old bins and drop-off of new bins. September 2022 Residents notified of upcoming change(s) in the City's Newsletter. Dec 2022/Jan 2023 Transition takes affect with no interruption of services to residents. Page 19 of 54 11 City of Oak Park Heights Request for Proposals 2023 -2027 Residential Solid Waste Collection and Disposal and Recycling Services Contract Submission Due: July 1, 2022 at 2:00 p.m. City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Page I Page 20 of 54 INTENT AND CITY GOALS This RFP, along with attachments defines the service standards, specifications, and service requirements of the exclusive residential solid waste program for the City of Oak Park Heights, Minnesota. The City seeks to enter into a contract with a company that has the resources and ability to provide residential solid waste collection and recycling services. The Contractor shall collect and properly dispose of all refuse,yard waste and recyclable materials set for collection from specified residential properties within the corporate boundaries of the City of Oak Park Heights at least once each week during the term of the Contract — (Single Sort Recycling—every other week). Such collections shall include all residential properties having four (4) or fewer dwelling units in a single building by use of individual containers. The Contractor shall provide all personnel, equipment, and facilities necessary to fulfill the terms and conditions of the Contract. The Contractor shall provide said services in compliance with all applicable laws and shall charge for said services on a volume-based schedule. It is the City's intent to accept and evaluate proposals including collection,processing, marketing, and public education. The goals of the City are to: • Provide cost-efficient residential solid waste collection; • Maximize the fullest recovery possible of recyclable materials from all residents in the City (residential structures as defined and City facilities) and achieve the most cost- effective solution; and • Improve public education of all City residents about reducing waste and increasing recycling so as to improve participation and recovery rates. Proposing respondents must submit their best possible proposal using the PROPOSAL FORM. Respondents are also encouraged to propose "Alternate" scenarios which must be explicitly described and have a distinct associated price. The City may consider the following options during the term of the agreement: • Weekly single-sort recycling pickup as opposed to bi-weekly • Curbside organics collection If these additional services are considered, the City may request a detailed proposal for such services from the Contractor for consideration prior to implementation. The City encourages Respondents to submit as many details for adding organics to the City's recycling program as possible. BACKGROUND The City of Oak Park Heights has had an exclusive residential solid waste contract for over 20 years.The current contract expires December 31, 2022.Households up to four dwelling units must use the exclusive provider except under limited circumstances. The current contract has weekly solid waste and every other week single-sort recycling,which should be maintained at a minimum. This proposal has an alternate for weekly single-sort recycling. The current contract also requires other services such as two annual Clean-up Days. Page 2 Page 21 of 54 The approximate current service levels are below and subject to change but can be used for purposes of preparing a proposal: CART SIZE NUMBER OF CUSTOMERS 30 Gallon 119 60 Gallon 698 90 Gallon 276 The Contractor shall also provide solid waste collection, recycling collection, and disposal from all City-owned or leased facilities at no cost to the City of Oak Park Heights. SITE LOCATION ITEM City Hall 14168 Oak Park Boulevard North Dumpster plus five recycling containers and one yard waste container Autumn Hills Park 5697 Norwich Parkway Dempster Brekke Park 5500 Omar Avenue North Dumpster Valley View Park 5421 Osgood Avenue North Dumpster The Contractor must provide annual weight reporting for both solid waste and recycling to the City of Oak Park Heights. TERM OF CONTRACT The term of the Contract shall be a period of five (5) years commencing January 1, 2023 and ending on December 31, 2027. The City at its option may extend the term of the contract for a period of time not to exceed three(3)years beyond the original termination date. City shall provide written notice to Contractor of its intent to extend the contract at least ninety(90) days prior to the termination of the original term. SUBMITTING PROPOSALS AND RFP SCHEDULE To the best of its ability, the City will use the process and schedule outlined below in the RFP for its decision-making regarding this RFP. This schedule is subject to change by the City: Page 3 Page 22 of 54 May 2, 2022 City releases Requests for Proposals for residential solid waste and recycling collection contract. July 1, 2022 Bids due at 2:00 p.m. Bid opening at 2:05 p.m. at City Hall. Staff reviews bids and prepares recommendation for the City Council, July 5-8, 2022 Staff review of proposals. July 11-22, 2022 Reference checks; staff recommendation to Council July 26, 2022 City Council considers staff recommendation and takes formal action to direct staff to execute contract. August 2022 Contract documents executed. Transition details finalized. January 1, 2021 Contract Start Date SUBMITTAL REQUIREMENTS IN ORDER TO COMPLETE A BID SUBMISSION, THE FOLLOING MUST BE PROVIDED: • Complete and return the Proposal Form—Including Attachments A & B. • Provide a cashier's check to the City of Oak Park heights in the amount of$5,000 as bid security. The non-prevailing contractors shall be refunded the$5,000, and the prevailing contractor will be refunded the security bid upon the final separation due to the regular termination of the Contract due to its expiration. • Provide two current municipal references (that have unified collection) as to your firm's ability to provide solid waste and recycling services in the same general capacity as proposed under the contract. All submissions are due by 2:00 pm, July 1, 2022. All submissions shall be received by the City via US Mail or Hand Delivery.Faxed or email submissions will not be accepted. Deliver to: City of Oak Park Heights Jennifer Pinski, Assistant City Administrator I4168 Oak Park Blvd N. Oak Park Heights, MN 55082 Submission shall be in a sealed envelope and shall not be reviewed by the City until July 1, 2022. Opening of such submitted information will be held at 2:05 pm on July 1, 2022. If you have questions regarding the process, terms of the Contract or other questions please Page 4 Page 23 of 54 clarify them before you submit your proposal/bid. Questions can be directed to jpinski@cityofoakparkheights.com or 651-439-4439. CITY REVIEW The City will evaluate the proposals submitted to determine the best value for the City and its residents. Economics • The proposed price of curbside collection service from carts (i.e., the price per household per month of curbside collection service). Qualifications • Strength of qualifications of the Respondents (together with any proposed subcontractors), especially related to the particular needs of the City of Oak Park Heights. • Comments from the Respondent's references. • Quality and customer-focused processes • Responsiveness to all provisions of this RFP packet. Proposals May be Rejected in Whole or Part The City of Oak Park Heights reserves the right to: • Reject any or all proposals; • Reject parts of proposals; • Negotiate modifications of proposals submitted; • Accept part or all of the proposals on the basis of consideration(s) other than proceeds or cost; and • Contract with two or more haulers for selected service elements. NEGOTIATIONS City staff will negotiate with the top-ranked Respondent and proposal. If negotiations with top- ranked Respondent are not successful,the City may then initiate negotiations with second-ranked Respondent, and so on. The City reserves the right to negotiate specific work elements with a Respondent into a Contract of a lesser or greater expense than described in this RFP or the Respondent's Proposal. NEW CONTRACT Collection service under the new recycling Contract will commence on January 1, 2023,but planning, preparations, and transition implementation will take place prior to this date. ALTERNATES INPROPOSAL These scenarios may be an alternate to the required base proposal. Weekly Recycling Collection The City of Oak Park Heights is interested in offering weekly recycling pickup as opposed to the current standard of bi-weekly recycling pickup and is requesting proposals as an alternate to evaluate costs. Page 5 Page 24 of 54 Organics Recycling Collection Organic materials make up a significant portion of waste being disposed of by residents. The City of Oak Park Heights is highly interested in proposals that can offer organics recycling (food scraps, food-soiled paper, certified compostable products, and other compostable items) through curbside as an additional service part of the successful contract. This would be a voluntary program and could include comingled (with yard waste) or separate organics recycling as proposed as part of the RFP. All organics materials must be securely contained in a BPI-Certified compostable bag and disposed of in approved containers without exception. A list of organics materials accepted as well as unacceptable items will be included as part of the proposal. ADDITIONAL SERVICES Respondents are encouraged to provide descriptions of additional services proposed to be provided, including but not limited to:. • Additional materials proposed to be collected for recycling such as additional plastics, scrap metal, etc. The respondent must provide explanation and documentation that these materials will be recycled and the end-markets are sustainable. • Additional recycling of materials at the Clean-Up Days. • Additional public education beyond the RFP requirements (e.g., recycling education, materials targeted for a specific neighborhood. targeting a specific material type, providing public education tools in multiple languages, etc.). • Ability/willingness to participate in additional recycling outreach activities in the City (speaking at events, enhanced social media, etc). • Ability/willingness to partner with community events to provide waste and/or recycling services at a free or reduced cost. SCOPE OF CONTRACT A. Collection_Service Provided by Contractor 1. Refuse (Solid Waste) Collection: a) All occupants of residential properties consisting of four (4) or fewer dwelling units in a single building in the City shall be required by ordinance to keep garbage or refuse in the following containers: i) A container of 90-95 gallons or a limit of three(3) containers not to exceed a total of 95 gallons. ii) A container of 60-65 gallons or a limit of two (2) containers not to exceed a total of 65 gallons. iii) A container of 30-35 gallons or a limit of two (2) containers not exceeding a total of 35 gallons. Page 6 Page 25 of 54 The Contractor shall provide such container(s) at no additional charge to the City or resident. (Resident shall select size at no cost differential) Townhomes that have separate utilities and entrances are considered to be single-family homes. Housing structures that have five (5) to eight(8) units in them have the sole discretion of whether or not to be included in the contract but are subject to a separate billing by the City for costs incurred if approved by the City. b) Refuse collection shall not include toxic and hazardous waste. C) The Contractor shall provide service and equipment as necessary for the collection and disposal of refuse from all City-owned or leased facilities, properties, and parks at no cost to the City. This provision shall not apply to City-owned property not used for municipal purposes. d) Refuse containers shall be placed at the curb on Collection Day, in a location easily accessible to motor vehicle pick-up. Containers must be placed properly for pick-up prior to 7:00 a.m. on the day of collection to insure service. Refuse in excess of the designated volume-base per dwelling unit will be subject to additional collection service charges as set forth in Attachment C and will be billed separately by the Contractor directly to the residence being served. The City shall not be responsible for these costs nor the collection of these costs. e) Collection service for major appliances and large items must have prior arrangements with the Contractor, via contacting the City at least 24 hours prior to the regular collection date. The City will then notice the Contractor for the collection. f) If any resident of the City places any items out for pickup and the item is not taken by the Contractor,the Contractor shall provide written notification to the resident of reason(s) for refusal to pick up the item and must copy the City. g) The Contractor shall make reasonable exceptions as to the manner of pickup for handicapped or disabled residents. h) The refuse collected in the City under the terms of the contract may not be commingled or collected simultaneously with any other waste, refuse, recyclables or other debris. Page 7 Page 26 of 54 i) The Contractor shall provide the City confinned load-tickets for all waste and refuse brought to the Refuse Derived Fuel-Processing facility. Loads delivered to the Refuse Derived Fuel Processing facility shall not be comingled with other loads or debris and shall only contain wastes collected under the terms of the contract. j) The City shall have the option to conduct a spring and fall clean-up day for its residents during the term of the contract. if this option is exercised, the City shall designate a Saturday in April or May and a Saturday in September or October as a spring and fall clean-up day respectively. Refuse shall be delivered by residents to a drop-off site that shall be designated by the City. The Contractor shall provide, at no additional charge to the City, collection equipment and labor to load and transport all items collected at these events to correct disposal site. Such provision of labor shall be not less than six staff members and six collection units (equipment) of adequate size and approved by the City. The Disposal (tipping) Fee will be paid by the City based on confirmed load tickets as originally supplied by the disposal facility then provided to the City. Collection at these events shall include large items, appliances, recyclables and e-wastes. The Contractor shall deliver e-waste to Washington County Enviromnental Center where there should be no charges for drop-off of e-wastes generated from City residents. There shall be no additional charges for e-waste, appliances, recyclables, yard waste or other large items; and the Contractor shall separately itemize the Disposal Fee from all other items. It shall be the City's responsibility to notify residents of the designated clean-up day. 2. Yard Waste Collection a) Yard waste collection shall take place on THURSDAYS. The collection point will generally be made from the opposite side of the driveway from the refuse receptacles. Service hours shall not begin prior to 7:00 a.m. nor continue past 6:00 p.m. b) The Contractor shall collect all yard waste from residential properties having four (4) or fewer dwelling units in a single building at least once a week. C) All residential properties consisting of four(4) or fewer dwelling units in a single building in the City who wish to participate in the yard waste collection program shall place yard waste in biodegradable paper bags or a receptacle which is identified as yard waste. d) The Contractor shall deliver and deposit the yard waste materials to a site that fully licensed and insured to manage such waste for re-processing and re-purposing, not landfilling/nor burning for energy. The Contractor shall Page 8 Page 27 of 54 not mix other types of refuse or inorganic materials with the yard waste or take any other types of refuse or inorganic materials with the yard waste or take any action so as to make the yard waste material unacceptable to the operators of the compost site. e) The City shall have the option of implementing an alternate payment method for yard waste collection services during the term of the contract. If such alternate payment method is mutually agreed upon by both parties, compensation amounts paid to the Contractor may be renegotiated. f) The Contractor is responsible for informing residential customers of how to properly prepare yard waste for collection. If the Contractor fails to pick up yard waste at a residential customers location because it was improperly prepared, it is the Contractors responsibility to inform the residential customer how to properly prepare the yard waste material so that it will be acceptable for pickup. g) The Contractor must define what will be accepted. Acceptable yard waste and landscape debris current includes grass, weeds, garden plants and trimmings, leaves,brush,branches,tree debris. 3. Recycling Collection a) Recycling collection shall be implemented in a SINGLE - SORT (S-S) methodology and shall be provided by the Contractor and shall take place at least every other week for each dwelling unit and on the same Collection Day as refuse collection. The schedule shall be consistent with the weekly schedule of the refuse collection. Daily service hours shall not begin prior to 7:00 a.m. nor continue past 6:00 p.m. b) All residential properties, and those consisting of four(4)or fewer dwelling units in a single building in the City who wish to participate in the recycling program, will be supplied S-S recycling containers by the Contractor at no additional charge to the City or resident for commingled recyclable materials as agreed upon by the City and the Contractor. S-S containers shall be comprised of 90-95 gallon wheeled containers utilized in residential applications subject to the final approval by the City, including the final size, color and design. Residents may also select a smaller S-S bin should there be an interest and at no additional cost. All S-S bins shall be distinct in color (with red lid) and clearly distinguishable from solid waste containers. All containers shall have imprinted into their plastic form (not a sticker) a specific listing of items permitted and shall not conflict in any way with the listing of items found in Exhibit D. C) Collection of commingled recyclables from the curbside shall include at a minimum, all items listed on Attachment D. Page 9 Page 28 of 54 d) The Contractor shall equip the City's designated drop-off site (held twice annually) for the collection of recyclable materials (including e-waste) as necessary and transport said materials to market for sale or proper disposal. The equipment shall sufficiently accommodate the collection of the same recyclable materials as collected at the curbside,plus the collection of scrap metal. e) The Contractor shall deliver and deposit the recyclable materials to a licensed recycling market/center mutually agreed upon by the City and the Contractor. The Contractor shall not mix other types of refuse or inorganic materials with the recyclables or take any action so as to make the recyclable material unacceptable to the operators of the recycling market/center. The Contractor shall not comingle City recyclable materials with other generators. The Contractor must report by individual materials and amounts where materials are delivered for recycling. Brokers or recyclable processors must have appropriate state and local permits or licenses. f) The Contractor must report household participation rates using a method acceptable to the City for all households placing recyclables out for collection and must report the participation rate within ten (10) days from the end of the previous month. g) The Contractor is responsible for informing residential customers of how to properly prepare City-identified targeted recyclables for collection. If the Contractor fails to pick up a City-targeted recyclable item at a residential customers location because it was improperly prepared, it is the Contractors responsibility to inform the residential customer how to properly prepare the recyclable material so that it will be acceptable for pickup; otherwise the Contractor shall pick-up such materials. h) The Contractor must provide monthly reports for all recyclable materials collected no later than the 10th day of the following month. The required information includes original truck scale tickets and market receipts, showing the name of the Contractor and the market, the date of delivery to and receipt by market,and the net weight and type of material and the value for which the material is sold. Such report shall be prepared by the market and provided to the City prior to payment for such services. i) The recyclables collected in the City under the terms of the contract may not be commingled and/or collected simultaneously with any other waste, refuse, recyclables or other debris. j) All recyclables collected in the S-S shall be taken for appropriate processing to an approved materials recovery facility which must be outlined in Attachment B of the RFP. Page 10 Page 29 of 54 A change in the location for processing must be approved in writing by the City of Oak Park Heights prior to any change. The recyclable materials collected in the City under the terms of the Contract or any Amendment may not be corningled with any other materials. The Contractor is responsible for all elements of collection, delivery, processing and disposal so as to ensure that no comingling occurs. k) The City shall receive 100% of the recyclable materials commodity value in the form of a monthly rebate check, minus approved processing fees. Processing fees are enumerated in subsection 1, (below). The City and Contractor shall review the rebate amounts each year so as to ensure all received amounts arc consistent with market conditions utilizing commodity rates as may be typically in use by other Twin City area municipalities. 1) Processing Fees shall not exceed $60.00 per ton of S-S materials. The Processing Fees amount charged is to be solely deducted from the gross commodity value. No other fees,taxes, charges, etc. may be assessed to the City for services rendered for recyclables processing. Should at any time, the gross commodity value(s) be less than the Processing fees, the Contractor shall be solely responsible to pay for all remaining Processing fees,but may request additional assistance from the City. m) Should a City resident or customer exceed the capacity of their provided S- S container, the resident may additionally utilize reasonable containers for recyclable collection. These additional containers containing approved recyclable materials shall also be picked up, processed and managed at no additional cost to the City or the household, resident, etc. n) At the completion of each calendar year of S-S services,the Contractor shall provide a summary document stating the total tonnage of recyclables collected, broken down by specific commodity as well as a detailed listing and manifest of residual wastes broken down by commodity and tonnage. The Contractor shall additionally provide a signed statement that all S-S materials collected in the City under this Amendment were processed for recycling at the designated processing center(s). o) Should any S-S loads be rejected by the approved processor due to residual contamination or for any other reason,the Contractor shall provide a written statement to the City indicating the reason for such rejection, what the Contractor will do to correct the situation and will provide all costs necessary to alternatively dispose of such materials. The Contractor will also provide the City with a cash payment equal to what would have been generated should such recycling load(s) not have been rejected. Page 11 Page 30 of 54 B. Disposal Services 1. The Contractor shall be responsible for the safe, legal and environmentally sound disposal of all refuse,yard waste,recyclables,major appliances and any other items and materials collected under the contract. 2. The Contractor shall dispose of all refuse or garbage at a City approved Refuse Derived Fuel Processing Facility at which the operator has assumed all liability arising from the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation and Liability Act; and similar federal and state statutes. The Contractor must advise the City and the City must approve in writing of its intended disposal site(s) not less than thirty(30) days prior to transportation of any refuse to said site(s). Any change in location shall also be reported to the City thirty (30) days prior to transport. Any deviation of this provision shall be considered a violation and default of the contract. 3. Except as otherwise provided in the contract, the Contractor shall be responsible for payment of all disposal or tipping fees and related taxes, surcharges or tariffs applied to these fees or related to the weight, volume, strength or content of refuse, recycling and yard waste collected under the contract. C. Service Schedule I. All collection services shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. on Thursdays. When an emergency shall exist, the Contractor shall notify the City of such emergency conditions and arrange for alternative collection. 2. Each dwelling unit shall have its refuse collected a minimum of once a week. a) The Contractor may request a change in the route schedule by requesting such change in writing to the City at least thirty (30) days prior to the proposed date the requested change is to take effect. A route change shall be effected only upon written authorization and separate agreement fully executed between the City and Contractor. The Contractor shall not be required to make regular collections on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or the days legally observed in recognition of these days,provided that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Administrator, and the weekly schedule shall be completed regardless of the holiday. It shall be the Contractor's responsibility to notify residents of any changes in.the collection schedule. 3. Only such pick-ups shall be made as have been authorized by the City. The Contractor shall not be entitled to payment for any pick-up(s) made and not authorized by the City. Page 12 Page 31 of 54 a) In the event that a dwelling unit has been authorized for refuse service and the City wishes to discontinue or suspend such service at such residence, the Cite shall notify the Contractor to that effect at least one(1) week prior to the date of discontinuance of such service. b) The Contractor shall advise the City of any request by the owner or occupant of a resident that refuse service shall be discontinued or suspend within one (1) week from the time of such request. C) Residents may have service suspended for extended absences over thirty (30) days with a ten (10) day notice to the Contractor. In the event of a suspension of services, the City nor the homeowner may be charged for any such services accounted for under the contract 4. The City reserves the right to improve any street or alley, which may prevent the Contractor from traveling his/her accustomed route or routes for collection. The Contractor shall contact the Public Works Department prior to each construction season to determine areas of conflict and possible alternate routes or solutions. No additional compensation will be made for this interference and the Contractor shall ensure continued pick-up of all items. D. Performance Standards 1. Equipment a) The Contractor shall make all collections of refuse, compost, and recyclables in water-tight metal receptacles or vehicles with closed tops so constructed that their contents will not leak, spill, or scatter therefrom. Should any refuse, compost, or recyclables be dumped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and shovel in good usable condition should be placed and maintained on each vehicle for this purpose. Receptacles and vehicles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley or other location longer than is reasonably necessary to collect refuse, compost or recyclables. b) All vehicles shall be painted and marked uniformly and shall have the haulers name and telephone number prominently displayed in letters of a contrasting color, at least three (3) inches high, on each side of the vehicle. C) The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition shall thoroughly disinfect each vehicle at least once a week unless the same has not been used since the last disinfection thereof, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, state, and municipal regulations concerning vehicles used on public Page 13 Page 32 of 54 roads and maintained to meet these standards. Equipment is subject to periodic inspection by the City.. d) Description of Vehicles. The Contractor shall furnish the City with a written description of all vehicles and equipment to be used within the City of Oak Park Heights and in the performance of the Contract and shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one (1) week of the time of making such a change. e) Safety Equipment. Each collection vehicle shall have a flashing light warning system, fire extinguisher, and proper back-up alarms as approved by the City. 2. Personnel Requirements a) There shall be no limitation on the size of the haulers collection crew so long as these are sufficient personnel to fulfill the requirements of the specifications and Contract herein. b) Contractors employees shall handle all containers with reasonable care to avoid damage, replace the containers in an upright position on the boulevard not more than one-foot from the curb-line or edge of pavement. The Contractor shall dispose of any contents which may be spilled in a workmanlike manner. Contractor's employees will also report to the Contractor any violations of regulations as they observe in the performance of their work. Employees shall not be under the influence of alcohol or drugs, shall be of a presentable appearance, perforin work in a neat and quiet manner, and at all times be courteous to the public in the performance of their duties. 3. Supervision a) A full-time superintendent of collections shall be employed by the Contractor, and shall be the representative of the Contractor under the contract. The Superintendent shall be on the job within the City during normal hours of collection operations and shall maintain proper schedules for collection. The superintendent shall have supervisory duties that shall include servicing of complaints. The City shall have direct communication access via phone or radio to superintendent to facilitate prompt servicing of complaints. b) All services to be performed for the City by the Contractor pursuant to the terms of the contract shall be supervised by such employee,agent,or officer of the City as the City Administrator shall designate. The designated Page 14 Page 33 of 54 inspector may have access to all of the Contractors Oak Park Height's records and equipment at reasonable times. 4. Complaints a) The Contractor shall establish and maintain, in a location approved by the City, an office with continuous supervision for accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday, except holidays and as specified in the Contract. Address and telephone number of such office and any changes shall be given to the City in writing. The Contractor shall make provisions for local publication of its telephone number. b) Whenever the City or a resident notifies the Contractor of a location which has not received scheduled service, the Contractor is required to service such location no later than the following working day from the time of complaint. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. The Contractor shall answer all complaints courteously and promptly. Verified failure to make a pick-up or follow-up on a complaint shall be cause to deduct twenty-five dollars ($25.00) per day / per violation as liquidated damages from the monthly payment by the City. 5. Leal Compliance a) The Contractor shall comply with Ordinances of the City and the laws and regulations of the State of Minnesota and its agencies relating to sanitation and the collection and disposal of refuse, recyclables, yard waste, and any other items and materials collected under the contract in effect during the term of the Contract. b) The Contractor shall report all violations of ordinances pertaining to refuse collection and disposal for enforcement purposes including all unsanitary and filthy conditions to the City Code Enforcement Office. 6. Safe The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Employee safety and sanitation facility regulations are set forth in Minnesota Statutes 182 and in the Department of Labor and Industry's Labor Safety Code (LISC 73-75). 7. Records and Reports The Contractor shall keep and maintain complete and accurate records in accordance with generally accepted accounting practices. The Contractor shall Page 15 Page 34 of 54 provide the City with a report of the volume or weight of the refuse, recyclables, and yard waste collected in the City and redemption value. Such reports shall be submitted by the 10th day of each month, reporting for the previous month. 8. Other Collections Multiple and other family residential units not included within this proposal for municipal collection shall have the right to directly purchase the same services at the same rates from the Contractor as are provided to the City. The Contractor shall offer such services to the multiple family units during the term of the contract if those are not covered under other language of the contract. All such services as provided shall be by separate contact between the Contractor and the owner/property manager of the multiple unit complex and may not exceed the municipal rate per unit charged to the City. Valley Senior Services Alliance, VSSA currently operates several hundred units of senior and assisted living housing in the City of Oak Park Heights. VSSA and its project or units are to be offered the opportunity to directly purchase services at the same(or less)municipal rate from the Contractor. This shall be by private contract and shall be managed and billed directly between the Contractor and VSSA. Other residential developments in the community, to include twin-homes, townhomes, condominiums, and apartment complexes, will have the right to directly purchase services from the contract. Special arrangements and negotiations will have to take place to arrange such. PAYMENT METHOD A. Upon the receipt of a legitimate, uncontested billing from the Contractor, the City will compensate the Contractor within 30 calendar days, according to the rates set forth in Attachment A, for collection of refuse and recyclables upon the basis of the number of dwelling units serviceable each week, by a volume-based method. The actual number of dwellings serviced shall be determined by the City utilizing historical records,utility billing records or other reasonably available methodologies. The Contractor shall not directly bill residential properties. B. The total number of such residential units as of January 1, 2023 is agreed to be approximately 1,100 residential units. Additions or deductions in the number of units collected shall be subject to the verification and agreement between the City and the Contractor. 1. Upon request, the City will supply a record of accounts and adjustments to the Contractor. 2. The City will notify the Contractor of the dwelling units that make changes in their container size. Page 16 Page 35 of 54 C. If a spring and fall clean-up day is initiated, the billing for disposal fees shall be made the following month and included in the monthly calculations set forth in the Contract. The City shall only be required to pay for solid waste disposal fees for items collected at clean- up day events and no other costs. D. The City or the Contractor may initiate adjustments as follows: 1. On April 1 st of each year, either party may request adjustments to the collection and recycling fee of the Contracts base dwelling unit rates on the basis of 75% of the percent increase or decrease in the Private Transportation Consumer Price Index (CPI) Minneapolis-St. Paul, for the twelve (12) month period ending the previous cal endar year. Such changes shall be effective July 1 st of the year requested and when only agreed upon in writing by both parties. 2. The Disposal Fee identified in Attachment A inay increase or decrease corresponding with the percent of increase or decrease of Disposal Fees (tipping fees) paid by the Contractor based on County rates. Not later than November 151h, the Contractor must provide a sworn statement of Disposal Fees effective for Jan 1 for the forthcoming year. Either party may request an adjustment in the Disposal Fee upon a fifteen (15) day notice due to an increase or decrease in the Disposal Fees. Adjustments may also be made upon the basis of a decrease in the amount of solid waste generated due to the abatement of solid waste generated or the exclusion of recyclable or compostable materials from the solid waste stream upon mutual written agreement of both parties. The base dwelling unit prices will be established in Attachment A of the contract. E. Additional collection services. Charges for pickup of additional items and for additional service shall be made directly to the resident owner by the Contractor at a rate approved by the City. The additional collection service price will be established in Attachment C of the contract. Said rates may only be increased if approved by the City. 1. The Contractor shall be responsible for the billing of additional collection services to the dwelling unit. The Contractor may request the City to charge all accounts delinquent for ninety (90) days on the customer's utility bill pursuant to a process approved by the City. Said collection shall be limited to rates approved by the City and shall be subject to a City approved appeal process. 2. Separate roll-off containers are not managed under the contract. F. The City will not bill nor collect any other government's or agency's imposed taxes, surcharges, charges or fees for the Contractor that are not specifically incorporated into the contract, this includes the Washington County Environmental Charge, the CEC. The City Page 17 Page 36 of 54 will have no involvement in the application, collection, interpretation or payment of the CEC. G. Unless agreed to in a separate written agreement, no additional fees, charges, surcharges, fuel charges, taxes, stipends, etc. may be applied to the City by the Contractor, its agents or its disposal sites. H. Unless expressly approved in the contract, the Contractor may not separately charge any resident,occupant or property owner any additional service fee, surcharge, tax or any other fee for services provided for under the contract. I. Implementation of any fuel surcharges or any other `temporary" additional fees are not permitted without the prior written consent of the City and will not be paid. INSURANCE, BOND AND INDEMNIFICATION A. Insurance During the entire period of the Contract, the Contractor shall maintain, at its cost and expense, and file with the City, policies or certificates of Workers Compensation and Liability Insurance. Minimum Insurance policy coverage requirements are $500,000 bodily injury per person, $1,500,000 aggregate per occurrence, and $500,000 property damage. All policies evidencing insurance required by this Paragraph shall name the City and the Contractor as named insured, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of the contract, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing the contract. Such policies shall be in form and content satisfactory to the City Attorney, and shall be filed with the City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City, shall be filed with the City Clerk within ten(10)days from the execution of the Contract,and yearly thereafter,at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Contract. All of the; foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at least one (1) year in advance and on each renewal date provided therein.. B. Security & Performance Bond The Contractor shall, prior to the effective date of the Contract, execute and deliver to the City a cash security deposit of$5,000 AND a performance bond in the sum of$50,000 conditioned upon the faithful performance of the Contract. In addition, to further protect the City in the event the Contractor fails to properly perform under the Contract, the Contractor shall pledge, if applicable, to the City all receivables collected by the City and not paid to the Contractor, and all receivables not yet collected by the City. The contract shall not become effective until such bond has been delivered to the City in form acceptable to the City Attorney, and has been accepted by the City. Such bond shall be filed with the Page 18 Page 37 of 54 City Clerk within ten (10) days from the execution of the Contract and shall remain in effect until the expiration of the Contract.. In the event the Contractor fails to properly perform under the Contract,the City may take whatever action is necessary to secure substitute refuse collection for the remainder of the Contract term, and may use the proceeds of bond and/or receivables mentioned above to pay for the difference between the rates provided by the Contract and the actual cost of such substitute service. Upon the final separation due to the regular termination of the contract due to its expiration, between the City and the Contractor, the City shall refund the $5,000 to the Contractor. C. Indemnification The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees from any and all claims, causes of action, liabilities, losses, damages, costs, expenses including reasonable attorney's fees, suits,demands and judgments of any nature, because of bodily injury to, or death of, any person or persons and/or because of damages to property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including negligence, of the Contractor, or the Contractors employees or agents in connection with the Contractors performance of the contract. The Contractor agrees to defend any action brought against the City on any such matters, and to pay and satisfy any judgment entered thereof together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of the contract. NONDISCRIMINATION & GOVERNMENT DATA A. Guaranty of Non-Discrimination The Contractor agrees that during the life of the Contract, the Contractor will not within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, or sex, or other classification protected under Minnesota and/or Federal law and will include a similar provision in all subcontracts entered into for the performance thereof. The Contract may be canceled or terminated by the City, and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this Paragraph. This Paragraph is inserted in the Contract to comply with the provisions of Minnesota Statutes, 181.59 or as amended or revised. B. Government Data Practices Act This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act.and Contractor shall comply with those requirements as if it were a government entity. Page 19 Page 38 of 54 TRANSFER, ASSIGNMENT AND LIENS A. Transfer or Sale The Contractor will not make or create,or suffer to be made or created, any total or partial sale,assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the contract or any part thereof or any interest therein, or any contract or agreement to do any of the same,without the prior written approval of the City, which approval will not be unreasonably withheld. The City shall be entitled to require, except as otherwise provided in the contract, as conditions to any such approval that: 1. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in the contract by Contractor; and, 2. The transfer does not create an anti-trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Oak Park Heights and, 3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under the contract and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section, together with other provisions of the contract, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the contract) no transfer of,or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically,to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the contract; and, 4. There shall be submitted to the City for review all instruments and other legal documents involved in affecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other documents required by the contract, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. B. Payment of Sub Contractors and Employees and Use of Sub Contractors: The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or supplies and all just claims for such work, material, equipment, insurance and supplies in and above the performance of the contract. No sub - contractors may be utilized or implemented in the any collection portions of the contract unless expressly permitted by the City in a separate written agreement. Page 20 Page 39 of 54 TERMINATION A. It is understood the essence of the contract is high quality service to residents of the City of Oak Park Heights. As such, if the City determines that the Contractor is in breach of any provision of the contract, a written notice will be sent to the Contractor allowing him thirty (30) days to comply. Failure by the Contractor to comply with the Contract by the end of the thirty(30) day period the City will terminate the Contract and shall be released of its obligations. Moreover, the City shall retain all performance pledges obligated to that time. B. If the Contractor continually fails to comply with the terms of the contract the City shall have the option to immediately terminate the contract and the City shall be released of any and all obligations. C. Upon any failure of the Contractor to fulfill any of the provisions of the Contract, the City Administrator shall be authorized to hire services and equipment,or assign City employees and equipment, as may be necessary to do such work and the 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 subject to this section. This remedy shall be in addition to and not in replacement of other remedies that the City may have under law. D. The City may terminate the Contract at any time and without penalty after July 1, 2024. DEFINITION OF TERMS Additional collection service: shall include all items that are collected in excess of the maximum volume subscribed by a dwelling unit. Prices for this service are established in Attachment C. Base dwelling unit price: shall mean the amount paid for and itemized as collection, disposal, and recycling services performed weekly(bi weekly [every-other week] for recycling) and shall be expressed as a per dwelling unit rate,per month and further expressed for by gallon rates. Services provided for this price are defined in Attachment A. Construction and Demolition Material: Any refuse resulting from the construction, alteration, or removal of a structure. Collection Day: shall be Thursdays—Between 7:00am and 6:00pm. Container: means as an approximate: 90-95 gallon, 60-65 gallon, 30-35 gallon or receptacle used to contain garbage and refuse. City ordinance provisions may further define and regulate garbage,refuse,and yard waste containers. Disposal Facility: means the licensed, permitted landfill, Resource Recovery Facility, or transfer station where garbage is tipped for disposal. Dwelling Unit: means a separate dwelling place with a kitchen or area for the preparation of food. Page 21 Page 40 of 54 eWaste: means televisions, monitors, circuit boards, computers, DVD and VCR players, fax machines, printers, keyboards, control devices (mouse). These are examples, but would include all similar materials found under Minnesota Statute(definitions) - 115A.1310. Large Items: mean typical household items too large to place in container, such as couches, sofas, chairs, dressers, beds,mattresses, desks,tables, etc. Major Appliances: Household appliances including items such as refrigerators, freezers, ranges and stoves, dishwashers, clothes washers and dryers, water heaters, trash compactors, conventional and microwave ovens, garbage disposals, residential furnaces, air conditioners, and dehumidifiers. Organics: means all organic waste resulting from the handling, preparation, cooling, service, and consumption of food. Recyclables: are reusable or re-processable materials approved and agreed to by the parties hereto. Recyclables include, but are not limited to, such items as newsprint, boxboard, corrugated cardboard, magazines,mixed mail,glass,plastic,bi-metal cans, aluminum, and other metal goods, etc. Recycling container: means a 90-gallon+/-container supplied by the Contractor at no additional cost to the City,to the dwelling unit to place commingled recyclable materials in for collection. Refuse: is solid waste from residences and City owned and operated buildings that is the result of normal operation, including garbage and rubbish and specifically excluding compost,yard waste, recyclables,and toxic and hazardous waste. Refuse further excludes industrial, commercial, agricultural, and construction wastes. Resource Recovery Facility: A facility that receives and processes mixed trash for purposes of recovering; energy and/or materials for beneficial use as per the Minnesota Waste Management Act (M.S.115A). Rubbish: is inorganic solid waste, including ashes, consisting of combustible and noncombustible wastes, dirt, household construction materials, cement, bricks, crockery, and other non-reusable waste. Rubbish also includes non-recyclable types of glass,paper, cardboard,and metal cans. Solid Waste: Garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, agricultural operations, residential uses, and community activities,but does not include earthen fill, boulders, rock, and other materials normally handled in construction operations, animal waste used as fertilizer, any permitted material disposed of as soil amendment, solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, wastewater effluent, dissolved materials, suspended solids and irrigation return flows, or other water pollutants. Tipping Fees: The financial payment that trash haulers make to facilities such as resource recovery plants, transfer stations, or landfills that covers the costs of recovery and/or disposal of the material unloaded. Page 22 Page 41 of 54 Toxic and hazardous wastes: are waste materials including but not limited to poisons,wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner to conserve the environment and protect the public health and safety. Volume-based: refuse and garbage collection means the maximum limit of garbage and refuse a dwelling unit is permitted to dispose under the base dwelling unit rate. Yard waste: means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. NOTE: This definition is subject to change to comply with Minnesota or Washington County laws. Yard waste receptacle: means a paper or compostable plastic bag which is available commercially or a permanent container which is identified as containing yard waste or compost. Receptacle is not to exceed thirty-five(35)pounds. Da awe Uof 54 gh IN ORDER TO COMPLETE A BID SUBMISSION, THE FOLLOING MUST BE PROVIDED: 1. Complete and return the Proposal Form—Including Attachments A & B. 2. Provide a cashier's check to the City of Oak Park heights in the amount of$5,000 as bid security. The non-prevailing contractors shall be refunded the $5,000, and the prevailing contractor will be refunded the security bid upon the final separation due to the regular termination of the Contract due to its expiration. 3. Provide three current municipal references (that have unified collection) as to your firm's ability to provide solid waste and recycling services in the same general capacity as proposed under the contract. RETURN ALL OF THE ABOVE TO: All submissions shall be received by the City via US Mail or Hand Delivery. No faxed or email submissions will be accepted. Deliver to: City of Oak Park Heights Jennifer Pinski, Assistant City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 All submissions are due by 2:00 pm, July 1, 2022. Page 24 Page 43 of 54 PROPOSAL FORM City of Oak Park Heights 2023-2027 Residential Solid Waste Collection and Disposal and Recycling Contract To: City of Oak Park Heights I/we the undersigned, having reviewed the specifications and instructions to bidders and information made available from the City, do hereby submit this proposal to provide all labor, disposal arrangements, and other resources necessary to meet the specifications and requirements. The RFP document and its Attachments A, B, C & D shall be incorporated into the succeeding final Contract to be fully executed. Date: Official Name and Address: By Title NOTARY for SUBMITTER: Affix Stamp Here 4 PN;e, of 54 AT IiACII':11ENT A,page 1 of 2 ATTACHMENT A - TO PROPOSAL FORM (See instructions on page 2 of Attachment A) INSERT YOUR MONTHLY RATES PER DWELLING UNIT FOR COLLECTION AND DISPOSAL OF REFUSE, RECYCLING, APPLIANCES AND YARD WASTE THESE ARE THE PRICES TO BE CHARGED FOR THE SERVICE REQUIRED AND OUTLINED IN THE CONTRACT FOR REFUSE AND RECYCLABLE COLLECTION-JANUARY 1,2023 THROUGH DECEMBER 31,2027 30-35 60-65 90-95 Gallon Gallon Gallon A - Disposal Fee' 4.70 7.48 11.22 B - Collection Fee Z C - Recycling Fee; D - Yard Waste Fee' E -Appliance/Large Items Disposal Fee s TOTAL (A+B+C �-D+E) = Base Dwelling Unit Price 1) Disposal Fee of refuse/waste(including all taxes, surcharges and tariffs), is based on the Disposal Fee Calculation and County Rates. This amount changes annually based on the formula provided. The numbers in Attachment are 2022 numbers. 2) Base collection fee includes the cost of regular weekly collection, including collection and transportation and disposition of:refuse/waste materials as identified in the Contract to Refused Derived Fuel Facility, one Christmas tree per household, a spring and fall clean-up,Large Items, major appliances, monthly publication of a two-column by six-inch promotion or educational illustration in local newspaper, regular weekh service at all Cinj_facilities without additional charge. 3) Included in the reevcling.fce-cost of regular bi-weekly curbside collection ofcommingled recyclables (Single Sort Onljy as dcfned in the Contract, collection and transportation and disposition of recyclables to processor/market for sale/reuse.Payment of 100percent ofgross redemption value to the City, minus approved processing fees, of all recyclables to the City as calculated separately each month. 4) Standard monthly charge for collection, transportation and disposal of yard waste. Yard Waste must be bundled or bagged, no longer than five(5)feet or heavier than fifty(50)pounds. S) Standard monthly charge for collection, transportation and disposal of all Major appliances or Large Items, not including eWastes. Page 26 Pe 45 of 54 ATTACHMENT A,page 2 of 2 HOW DISPOSAL FEE IS CALCULATED The Disposal Fee portiotl of the Tease Divelline Unit Price toast be bid is follolvs*; "ize of Refuse Container rate disposal fe RATE ADJUSTMENT Effective 11.!22 0 35-gallon rate dis jowl fee: S 4.70 60 64-gallon rate des poral fee: S �.a$ QO 9 [aflc,n rate ds}.sa]fee: S 'Mese ranges are established using the folloN�*assumprtims: suitiaoy l: Disposal i TtFpuv?Fee=Per tcm" S 87.00 ssvrnption=_>: Per ion Rebzie S Asstmtpbon=_: NIT COST PER TON-Disposal Fee S 87.00 Tons Per Month FFT.Pe,Month Assumption*4: 30=:-g llcn{et,ice zverage 2:Ibs wk[(0`4 tonsimo.) OA Assumption*5: 60 6=-Rion sense average 40 bs ick 1. 066 tonsmo.) 0.086 =.s ;-6: 40 y_-221yn=trice: 2i erase 60 lbs ctl;[1.129 tons mo.j 0.1?0 ALTERNATES 30-35 60-65 90-95 Gallon Gallon Gallon Weekly Recycling Collection Fee If Curbside Organics Collection is included in your proposal, describe the details of your proposed organic recycling curbside service or how you will approach the process of developing an organic waste collection plan for the City of Oak Park Heights. Include the schedule for pricing, planning, any pilot projects, and implementation/roll-out; proposed composting facility (or facilities) to be used; and any other pertinent details. ITEM COST UNIT EXPLANATION Labor Equipment Supplies Other Page 27 Page 46 of 54 ATTACHMENT B,page 1 of 1 ATTACHMENT B- TO PROPOSAL FORM NOTE: CONSTRUCTION ROLL-OFFS ARE NOT INCLUDED IN THIS PRICING, NOR ARE THEY CONTROLLED OR MANDATED BY THE CONTRACT. Please indicate the name of the facility, contact name, phone number and address of the Refuse Derived Fuel Processing Facility (See note below) to be utilized for the disposition of the waste generated under the terms of the contract: NOTE: The City may, at no additional charge, direct that all materials collected under this section must be taken to the facility operated or contracted through Washington County. Please indicate the name of the facility, contact name, phone number and address of the Recycling Facility to be utilized for the disposition of the recyclables generated under the terms of the contract: Please indicate your plan for transition operations required between the current contract operations and the new contract operations? Describe proposed timing,public notice about cart switches, and other details for getting carts to new customers. Page 28 Page 47 of 54 ATTACHMENT C,page 1 of 1 ATTACHMENT C - Additional Costs for Extra Materials TO BE Billed Directly to the Resident by CONTRACTOR Item 1) Collection and disposal of miscellaneous "Construction Material" such as wood, plaster, sheetrock, windows, doors and paneling that is not placed in the specified trash container is not included in the Contract. These materials will be set out for separate collection and will be charged a separate collection fee billed directly from the Contractor to the homeowner. Item 2) When additional "Construction Material" is placed for extra curbside collection the homeowner will be billed at a prorated rate of$19.00 per cubic yard. Should more than one cubic yard be billed, the Contractor shall provide a written detail of what is collected with the original invoice as sent to the resident within thirty days of pick-up with a copy sent to the City. Failure to provide such written detail with the original invoice will result in such additional fee being void. Item 3) In lieu of paying this $19.00 charge, residents may also bag these materials in 30- gallon plastic bags. The disposal fee for each bag of these materials or other items is $2.00. Such bags may not be overfilled so they break from basic handling by the Contractor. Item 4) The following Construction related items are also charged for extra disposal as detailed: Toilet $15 Sink $15 Bathtub $15 Fiberglass Bathtub $20 Cast Iron Bathtub $25 Shower Enclosure $20 Carpet $5.00 per roll (no larger than 2' in diameter and 5' long.; Residents may place carpet in their waste bins at no extra charge or may place in smaller sections in 30-gallon plastic bags for the $2.00 per bag fee. The items under this subheading (Item 4) are not included in the cubic yard calculation as outlined in Item 2 above. There shall be no double billing. In lieu of paying these charges, residents may also dispose of these materials by breaking these down and placing them in their trash container or in 30-gallon plastic bags. The disposal fee for each extra bag of these materials or other items is$2.00. Such bags must not be overfilled so they break from basic handling by the Contractor. Item 5) As stated in the Contract, the following items are collected by the Contractor at no additional charge (per Definition of Terms): "Large Items and Major appliances" Page 29 Page 48 of 54 ATTACHMENT D,page 1 of t ATTACHMENT D Example of the minimum type of materials that SHALL be collected in Single Sort Container • PAPER Newspaper and inserts Magazines and catalogs Paper towel roils Mail, school and office papers Phone books • CARDBOARD Boxes: food, beverage, toiletries Corrugated cardboard • CARTONS Beverage cartons Juice boxes • METAL Food and beverage aluminum and steel cans Aluminum foil Pie this • GLASS BOTTLES AND JARS Food and beverage bottles and jars • PLASTIC BOTTLES, CONTAINERS, AND JUGS Recyclable PET (#1) such as beverage bottles Recyclable HDPE (#2) such as beverage jugs and toiletry bottles Recyclable PP (#5) such as food tubs E-Waste,_Oil, antifreeze, tires and hazardous chemicals shall not be permitted in the Sin-le- Sor•t Container. Page '30 Page 49 of 54 THIS PAGE INTENTIONALLY LEFT BLANK Page 50 of 54 0 Oak Park Heights Request for Council Action Meeting Date: Tuesday Aril 261h2022 Agenda Item: 2022 MN DNR Preparing for EAB Grant Time Req. 5 Minutes Agenda Placement: New Business Originating DepartmentlRequestor: Publ" Works Andy Kegley, Public Works Director Lisa Danielson, Arborist Requester's Signatures d Action Requested: No Action Re sted-Informational onl Please See Attached Memo. Page 51 of 54 City of Oak Park Heights 14168 Oak Park Blvd N. •Oak Park Heights,MN 55082.Phone(651)439-4439.Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson, City Arborist Date: 04/19/2022 Re: 2022 MN DNR Preparing for EAB Grant On January 25, 2022 the MN DNR posted a grant opportunity relating to management of the Emerald Ash Borer (EAB). The DNR had $1.6 million available in the general fund and Heritage Enhancement Account fund dollars to fund projects managing forest pests and diseases (with priority given to EAB) through community forestry activities on public lands. The request for applications met the criteria and budget the City Council had approved last October with the City's Emerald Ash Borer Management Flan. We submitted an application for the grant in March 2022 and we are in progress for being awarded the funds requested in the amount of $119,597.40. The City's Cash Match will be from the City's EAB Eradication Fund ($110,000 balance as of 11112022). Grant Amount $119,597.40 Cash Match $29,204.00 In-Kind Match $10,511.63 Total Match (combined Cash Match and In- $39,715.63 Kind Match) With this grant funding the City will be able to remove 100 ash trees and replace 110 trees along City boulevard right-of-ways and within City parks as part of this project. The project will start summer 2022 and end June 2024. Replacement trees will be selected to increase diversity in the City's tree canopy to work toward the 20-10-5 guideline which means a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus and no more of 5% of their trees within a single species. Newly planted trees will also follow a 3-year maintenance plan. This grant funding relates to the City's EAB plan since it covers the planned EAB Management Tactics that were included TREE CITY U.S.A. Page 52 of 54 in the 5-Year EAB Plan. Planned management tactics include removal of poor quality ash trees, removal of City owned ash trees demonstrated to be infested with EAB and planting of replacement trees. Although, the requested grant funding and match portion will not cover the entire cost of mitigation and management of EAB in OPH, it will help provide a significant increase in the funds we have available for use within our current budget to continue managing and eradicating EAB in OPH. The $119,597.40 will offset the future levy of $130,000 as based on the 5-Year EAB plan so we will need to levy $10,402.50. The table shown below is the 5-Year EAB Plan that was adopted with the EAB Management Plan in October 2021. 5- Year EAB Plan YEAR PROJECTED EAB Management Tactics EXPENSES 1 $20,000.00 • Remova of PD6r Qva]Rv Ash Trees • Remova of City o.vred Ash tree:. CemsrstrateC to be (2021) infered'.vith FAB 2 $35,C100.CC Remova of Poor Qualrty ksh Trees • Remova of City awred Ash trees cemenstrated to be {2022} infested.vlth EA2 • Remova of Ci-v ov.ned Ash trees that do not gvealify for ;reatment • Trunk Infections for City ov.r.ed trees which quall°y for treatment • Vo Lrtar-y ;ash tree Remo-.,al Program for Cr} o-.vned -11,trees 1Csp C- 510.003.00 for the'yearj. • Plartirg of Rep acement Trees 3 $ 5•,000.DCL • Remova of Poor Qt;.alitV.Ash Trees • Remova of Cit,, owred Ash trees Cemonstratec to be d 2023) infested w'tth FAE • Remova of City o.vnac Ash trees that.do not qualify for treatment • Trunk Injections for t.it•,"oNred trees which gvakly for treatment • Vo urtary Ash tree Removal Program for Ci-v o.vneu A;h trees[Cap LID 510,000-G7 for the year} Planting of Rep acement Trees ^515,000.0op 4 $00"oaa.c-cC' • Re-treatment of Trees that were treatec in 2 22 • Remova of City owned Ash trees cemonstrateC to be The grant (2024) infested witn EAB funds of • Trunk !n iectiors for CT; o-red Trees r.hich qualfy for (] treatment $119,597.40 • Vourtary Ash tree Rerr.oval Program for Citi o.vrsd Ash trees (C:ap C1 S10.000.CQ for the yeari will be Used Flarting of Rep acement Trees;_-15,000.00) to offset the 5 $30,000.DD • Fie-treaTment of trees that.,ere treated it 20=3 • Remo-.'a of City owred Ash trees cemonstratee to be antiic�ipated (2025) infested.vithEAB City Levy TOTAL PROJECTED Since ti-e Total Protected Expenses exceed the 2022 amount of O(PENSESFOR THE 5- b:dget balance, Projected Expenses will 1;= adjustLd $250,000.00 YEAR PLAN= $2$0Op pp or addAio'ia?f-ndi)g will be needed. 2 TREE CITY U.S.A. 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