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Home My WebLink About05-13-2025 Council PacketCITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, MAY 139 2025 6:00 P.M. AT CITY HALL This meeting will be held in person at Oak Park Heights City Hall Council Chambers with one member of the governing body appearing via videoconference. Mayor Mary McComber will be located at 5728 Penfield Avenue North. The meeting will follow the provisions of Minnesota Statute § 13D.02. 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Summary of Closed Session from April 22, 2025 City Council Meeting 6:05 p.m. III. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • City Administrator • Chief of Police • Assistant City Administrator/City Clerk (pg. 2) 6:10 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 22, 2025 (pg. 3) C. Approve License for Sales and Storage of Consumer Fireworks at Walmart (pg. 5) D. Approve Maintenance Agreement for HVAC Delta Controls and Programming (pg. 7) 6:10 p.m. VI. Public Hearings 6:10 p.m. VIL Old Business 6:10 p.m. VIIL New Business A. Solid Waste and Recycling Collection Request for Proposals (pg. 15) B. Food Truck Event at Cornerstone Chevrolet (pg. 43) C. Food Truck Event at Lowe's Home Improvement (pg. 45) 6:25 p.m. IX. Other Council Items or Announcements 6:25 p.m. X. Adjournment Page 1 of 46 City of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 May 6, 2025 Lynn Lundquist 15237 63r6 Street North Oak Park Heights, MN 55082 Dear Ms. Lundquist: 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 a fire extinguisher and/or smoke detector. Your residence was checked on Tuesday, May 6, 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. Congratulations! Jennifer Pinski Assistant City Administrator TREE CITY U.S.A. Page 2 of 46 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 22, 2025 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledte of Allegiance/Approval of Agenda: Deputy Mayor Dougherty called the meeting to order at 6:00 p.m. Present: Councilmembers Johnson, Liljegren and Runk. Staff present: City Administrator Rife, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, Public Works Director Kegley, and City Attorney Sandstrom. Absent: Mayor McComber. Councilmember Johnson, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 4-0. II. Swearing in Ceremony for Officer Gower and Officer Rodriguez III. Council/Staff Reports: A. Mayor McComber: Absent B. Councilmember Dougherty_: He reported he attended the Parks and Trails Commission meeting for March. C. Councilmember Johnson: No report. D. Councilmember Liljegren: He reported he would be attending the Fire Department Advisory Meeting on Monday, April 28 at 6:00 p.m. E. Councilmember Runk: He reported he attended the Convention and Visitors Bureau meeting and the Cable Commission meeting. F. Staff: City Administrator Rife reported that temporary water was established in the area of the water main break and construction would begin that week. Police Chief Hansen reported that the department was hosting a drug take back event at City Hall on April 26 from loam to 2pm. Assistant City Administrator Pinski reported that Jeff Anderson of 14224 57th Street North was chosen as the recycling award winner. She also reported that Clean-up Day was set for May 17 from 8 am to noon, and Party in the Park was set for June 5 from 4:30 pm to 6:30 pm. IV. Visitors/Public Comment: Jennifer Van Dyke, 15298 Upper 61st Street, expressed concern over defacing of property on the overpass of Highway 36 at Beach Road. V. Consent Agenda: A. Approve Bills & Investments Page 3 of 46 City Council Meeting Minutes April 22, 2025 Page 2 of 2 B. Approve City Council Worksession Notes — April 8, 2025 C. Approve City Council Minutes — April 8, 2025 D. Approve Special City Council Minutes — April 15, 2025 E. Approve Ordinance Amendment 2025-203-01 Repealing Chapter 203 of the City Code Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. VL Public Hearings: None VIL Old Business: None VIII. New Business: None IX. Other Council Items or Announcements: None X. Closed Session (closed pursuant to MN Stat 13D.01 A. Discuss Property Purchase Offer Related to Property Identified as PID 03.029.20.24.0038: City Attorney Sandstrom reported that the City Council would go into a closed session to discuss an offer to purchase real property owned by the City. He said he would provide a summary of the closed session at the next City Council meeting. Councilmember Liljegren, seconded by Councilmember Johnson, moved to go into a closed session at 6:23 p.m. Carried 4-0. XI. Adiournment: Councilmember Johnson, seconded by Councilmember Runk, moved to adjourn at 6:36 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski City Clerk Mary McComber Mayor Page 4 of 46 a� Oak Park,%._ G Date: May 13, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator/City Clerk AGENDA ITEM: Approve License for Sales/Storage of Consumer Fireworks at Walmart BACKGROUND: Walmart in Oak Park Heights submitted an application for a license to sell fireworks. The license fee has been paid, proof of insurance has been submitted, and the file has been sent to the Police Department for background investigation. I recommend approval of the license pending passage of the background check. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve License for Sales/Storage of Consumer Fireworks at Walmart ATTACHMENTS: None Page 5 of 46 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 46 a� Oak Park,%._ G Date: May 13, 2025 Consent TO: Mayor and City Council FROM: Andy Kegley, Public Works Director AGENDA ITEM: Approve Maintenance Agreement for HVAC Delta Controls and Programming BACKGROUND: The City Hall HVAC system runs on Delta control software, which has been programmed specifically for our building. Barney Cooper, the original programmer, is the first point of contact when the system malfunctions and needs programming adjustments. Barney has proposed a preventative maintenance agreement to ensure the system operates at its full potential and to identify issues before they cause major disruptions to the building's heating and cooling functions. The maintenance agreement spans two years, starting in June 2025. The total cost of the maintenance agreement is $3,760, split over two years: 2025 Maintenance agreement: $1,840 2026 Maintenance agreement: $1,920 FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? YES • IF YES, TOTAL COST: $3,760 • BUDGET LINE ITEM: City Hall Building Equipment Maintenance BUDGET AMOUNT: $5,000 • WITHIN BUDGET? YES ACTION REQUESTED: Authorize staff to enter into a maintenance agreement with ControLogix Services, Inc. ATTACHMENTS: ControLogix Proposal Page 7 of 46 ,ell ControLogix April 23, 2025 Andy Kegley I Director of Public Works City of Oak Park Heights Reference: Technical Service Agreement for the City of Oak Park Heights: 14168 Oak Park Blvd N. P.O. Box 2007, Oak Park Heights, MN 55082-2007 Andy, We are pleased to offer this Technical Service Agreement for the above -referenced facility. The following pages contain a description of proposed service and support for the Delta Controls Energy Management System therein. Table of Contents: and.. Acce.pta n ce............................................................................................................................................................................... Phone and Remote Support 3 ................................................................................................................................................................................... On -Site Service: 4 .............................................................................................................................................................................................................................................................................................................:.......... - Operator's Log 4 .............................................................................................................................................................................................................................................................................................................:.......... Seasonal Testing 4 .............................................................................................................................................................................................................................................................................................................;.......... System Adjustment 4 ........................................................................................................................................................................................................................ Control Panels 4 .............................................................................................................................................................................................................................................................................................................:.......... ...............- ..Log Data......................................................................................................................................................................................................................................................._4 Interface Workstation 4 ............................................................................................................................................................................................................................................................................................................ : .......... ........_Database Backups a_nd off -site storage....................................................................................................................................._...._4 - Service Log 4 .............................................................................................................................................................................................................................................................................................................:.......... Unscheduled Service rates and response times 5 .............................................................................................................................................................................................................................................................................................................;.......... Training 6 .........................................................................................................................................................................................................................................................................................................:.......... Administration 7 .............................................................................................................................................................................................................................................................................................................:.......... Terms and Conditions 8 Technical Service Agreement City of Oak Park Heights Coverage, Payment and Acceptance: Coverage Schedule: Period Scheduled Hour/Visit: Visits/yr ................... .................................... _......................................... ........................................................................................... 5 - 5/31/26 2 6hrs/visit .......................................................4..................................................................................................................................... 6 - 5/31/27 2 6hrs/visit Payment Schedule: Period..............................................._Annual Cost Biannual Paymenis 5 - 5/31/26 $1,840 $920 /6 months .......................................................;...........................................................................,.......................................................................... 6 - 5/31/27 $1,920 $960 /6 months Unscheduled: Not Included ............................................ Not Included Renewal: This agreement shall be effective for the period indicated. Agreement shall be reviewed (60) days prior to the end of the agreement period. Renewal shall occur if rate and coverage terms are acceptable to both parties. Termination - See conditions Customer Acceptance: Signed: Printed Name: Date: ControLogix Representative: Signed: Barney Cooper Printed Name: 04/23/2025 Date: ControLogix Services, Inc. 763.331.0232 Page 2 of 7 13005 16th Ave. North — Suite #500 Plymouth, MN 55441 Page 9 of 46 Technical Service Agreement City of Oak Park Heights Phone and Remote Support: Phone Support: ControLogix representative shall be available for technical questions within (1) hour of initial request for assistance. Email Support: ControLogix representative shall reply to technical questions within (24) hours of receipt of request for assistance. Remote Support: ControLogix representative shall provide remote troubleshooting/support through remote interface* within (2) hours of request for assistance. *Remote support requires customer provided Internet for BAS interface. LogMeIn Secure VPN client subscription provided at no charge for TSA customers. On -site Service: Operator's Log: Digital (internet based) Operator's shall be provided for written entry of observations, concerns, and perceived problems. Operator's Log shall be reviewed on each site visit and each entry addressed. Seasonal Testing: Devices and Sequence of Operation shall be tested for automatic transition to upcoming season. System Adjustment: Adjustment and Reconfiguration shall be provided upon request including: - Desired changes to Sequence of Operations - Additions and changes to Trend Logs, Alarms and Notifications - Calibration of Inputs as required - PID Loop Tuning (if Logs indicate "Hunting" or failure to find Setpoint) Control Panels: Inspection of Control Panels shall be provided including: - Check wire terminations - Check diagnostic lights - Blow out and clean dust and debris - Annual replacement of batteries in System Level controllers Log Data: Historical data shall be reviewed to identify potential concerns. Irregularities shall be documented investigated and documented in Service Log. Additional logs shall be created when desired data is not available. ControLogix Services, Inc. Page 3 of 7 13005 16th Ave. North — Suite #500 763.331.0232 Plymouth MN 55441 Page 10 of 46 Technical Service Agreement City of Oak Park Heights On -site Service (continued): Database Backups and Off -site Storage: - Databases from all EMS controllers shall be uploaded and stored off site annually. - Each time modifications are made to a controller database, individual database file shall be uploaded and stored off site. Service Log: Digital (internet based) Service Log shall be appended with detailed notes on all: - Tasks performed - Devices and Sequences tested - Adjustments - Modifications - Observations - Recommendations Software Upgrades: - enteliWEB software shall be upgraded as newer versions are released (6-12 months). Subscription cost included with TSA Garage Ventilation - Gas Detection System: - Carbon Monoxide Sensors shall be calibrated annually ControLogix Services, Inc. Page 4 of 7 13005 16th Ave. North — Suite #500 763.331.0232 Plymouth MN 55441 Page 11 of 46 Technical Service Agreement City of Oak Park Heights Unscheduled Service Rates and Response Times: CONTROLOGIX shall respond to requests for unscheduled service as indicated below: After hours unscheduled Service Rates: ..................................................Period.................................................._........................_Hou.rl.Y.....Rate.........................................Non-TSA Customers: ...................................................................... : . D0-3:30P...M..-.F...............................4............................$122.50/h.r.................................................................145/hr...................... _3:30.-5:30.P.._M-.F�.7-3:OO.Ip.._Sat................................... 182.50 hr.........................._..................................._ 205/hr..................... After 5:30-7:00a M-F, Sat $182.50/hr $245/hr Evenings and all day Sun ................................................................................................................................................................................... *Service call truck charge ($75) applies to all service calls not included in TSA agreement. Training: Training opportunities: TSA visits are an opportunity for operator training. Questions and concerns shall be addressed as requested. Off -site training is available at the ControLogix training center on regular basis: • Offered the first Thursday and Friday of April and October. • Lunch and training material provided. • Register by sending email to bcooper0bcontrolo_ix.net with subject "Training Request" • FREE for TSA customers. ControLogix Services, Inc. Page 5 of 7 13005 16th Ave. North — Suite #500 763.331.0232 Plymouth MN 55441 Page 12 of 46 Technical Service Agreement City of Oak Park Heights Program Administration: This program is professionally developed based upon your management objectives and the requirements of your control equipment, design, age, use, components, and its effect on your business budgets, and personnel. The specific scope is based upon manufacturers' recommendations, and our industry experience. The proactive and reactive service of this program will be professionally managed under the direction of our professional staff. Upon completion of the service, you will receive a detailed service report outlining performed and recommended services. You stay informed, without staying involved. Your Objectives: • Effective comfort management and environmental control • Optimize energy efficiency • Source for knowledgeable, reliable service Our Service: • Customized program development • Clear communication on program start-up and following each service event. • Trained, experienced technicians • 24hr Service, support • Skilled administration and dispatching • Professional management and supervision • Periodic monitoring for program achievement and performance (/6mo) • Ongoing recommendations and enhancement options. Your Benefits: • Reduced energy consumption • Extended equipment life • Reduced downtime • Fixed budgeted program • Optimized comfort management and resulting productivity • Reduced administrative involvement means lower operating costs. • Receiving regular maintenance reports assures you that your building's HVAC control systems are being properly maintained. • Single source responsibility • Continuous improvement • Peace of mind ControLogix Services, Inc. Page 6 of 7 13005 16th Ave. North — Suite #500 763.331.0232 Plymouth MN 55441 Page 13 of 46 Technical Service Agreement City of Oak Park Heights Energy Management System TSA - Terms and Conditions: I. Customer shall permit ControLogix Services free and timely access to areas and equipment, and allow ControLogix Services to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the ControLogix Services normal working hours. 2. In case of any failure to perform its obligations under this Agreement, ControLogix Services liability is limited to repair or replacement at its option and such repair or replacement shall be Customer's sole remedy. This warranty is conditioned upon proper operation and maintenance by Customer and shall not apply if the failure is caused or contributed to by accident, alteration, abuse or misuse, and shall not extend beyond the term of this agreement. 3. The annual agreement price is subject to adjustment on each commencement anniversary to reflect increases in labor, material and other costs. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 5. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, service, Provider may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 6. Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed price amount to be negotiated or on a time -and -material basis at ControLogix Services rates then in effect) over the sum stated in this Agreement. 7. ControLogix Services will not be required to move, replace or alter any part of the building structure in the performance of this Agreement. 8. In the event ControLogix Services must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay ControLogix Services all court costs and attorney's fees incurred by ControLogix Services. 9. Any legal action against the ControLogix Services relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. 10. ControLogix Services shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by ControLogix Services employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. 11. To the fullest extent permitted by law, Customer shall indemnify and hold harmless ControLogix Services, its agent and employees from and against all claims, damages, losses and expenses, Including but not limited to attorney's fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or In part by an active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the negligence of ControLogix Services. Further and notwithstanding the preceding sentence, ControLogix Services shall be held harmless and shall not be liable to Customer for any claims, liabilities, damages, losses and expenses related to mold or the creation of mold at Customer's location(s) and shall have no obligation to treat, identify or remove such mold. 12. Customer shall make available to ControLogix Services' personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 13. ControLogix Services expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation, injury or illness to occupants of the facility or third parties, arising out of or in connection with the ControLogix Services' work under this agreement. 14. ControLogix Services' obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes or materials are encountered, ControLogix Services' sole obligation will be to notify the Owner of their existence. ControLogix Services shall have the right thereafter to suspend its work until such substances; wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. 15. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL SERVICE PROVIDER BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. 16. This Agreement does not include repairs to the system(s), the provision or installation of components or parts, or service calls requested by the Customer not specifically indicated herein. These services will be charged at ControLogix Services rates then in effect. ControLogix Services, Inc. Page 7 of 7 13005 16th Ave. North — Suite #500 763.331.0232 Plymouth MN 55441 Page 14 of 46 a� Oak Park,%._ G Date: May 13, 2025 New Business TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Solid Wate and Recycling Collection Request for Proposals BACKGROUND: The contract with Tennis Sanitation for the City's solid waste and recycling collection is expiring on December 31, 2025. Staff prepared a draft Request for Proposals for a contract term to begin in 2026 and end in 2028 with the option to extend an additional two years to December 31, 2030. The Request for Proposals outlines the scope of services, the timeline and the review process. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Review and approve the Request of Proposals, subject to final review and amendments by staff and the City Attorney ATTACHMENTS: Request for Proposals Page 15 of 46 City of Oak Park Heights Request for Proposals Residential Solid Waste Collection and Disposal and Recycling Services Contract Submission Due: June 6, 2025 by 2:00 p.m. City of Oak Park Heights Jennifer Pinski, Assistant City Administrator 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 651-439-4439 Page 1 Page 16 of 46 INTRODUCTION This Request for Proposals (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 (City). 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, recyclable materials, and yard waste (when selected) 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. 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. 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. 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, 2025. Households up to four dwelling units must use the exclusive provider except under limited circumstances. The current contract has weekly solid waste and single -sort recycling, which should be maintained at a minimum. 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 Dumpster Page 2 Page 17 of 46 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 three (3) years commencing January 1, 2026 and ending on December 31, 2028. At the conclusion of the initial three-year term the parties may extend this agreement for an additional two-year term at the rate increase identified in the Proposal Form Attachment A. Nothing in this Contract shall imply or infer that the City or Contractor is committed to such extensions. 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: May 14, 2025 City releases Requests for Proposals for residential solid waste and recycling collection contract. June 6, 2025 Proposals due by 2:00 p.m. June 9-13, 2025 Staff review of proposals and recommendation to Council. June 24, 2025 City Council considers staff recommendation and takes formal action to direct staff to execute contract. July 2025 Contract documents executed. Transition details finalized. January 1, 2026 Contract Start Date SUBMITTAL REQUIREMENTS IN ORDER TO COMPLETE A PROPOSAL SUBMISSION, THE FOLLOWING MUST BE PROVIDED: Complete and return the Proposal Form Complete Attachments A and B and return Review Attachment C — Municipal Services Contract Page 3 Page 18 of 46 All submissions must 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 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 Proposal submissions must be received by the deadline: Friday, June 6, 2025 at 2:00 p.m. NOTE: You must utilize the supplied form and documentation. The City will not accept alternative proposal submissions or red -line alterations to any element of this request. If you have questions regarding the process or terms of the Contract or other questions please clarify them before you submit your proposal. Questions can be directed to jpinski@city ofoakparkheights.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. The City of Oak Park Heights reserves the right to reject any or all proposals. The following represent the principal selection criteria that will be considered during the evaluation process: Price — Criterion includes all prices listed in the Price Worksheet(s) and the formula for price increases. The City will also consider any additional proposed services, discounts, or efficiencies that add value to the City and its residents. Management Responsibility/Experience/Customer Service — Criterion includes the quality and thoroughness of similar sold waste collection projects. Proposals that minimize the need for City involvement or intervention during the term of the contract will be favored. Proposals that focus on encouraging recycling and composting and minimize impact on the environment will also be favored. Proposals that include experience providing relevant services under a contract with a municipality demonstrated the ability to avoid service disruptions, demonstrated excellence in customer service and billing and the company's financial condition. Implementation and Roll -Out Plan — Criterion includes the quality and thoroughness of the implementation and cart roll -out plan. Proposals that minimize the need for City involvement and minimize disruption as a result of any necessary service changes that may occur as a result of the final Contract will be favored. NEW CONTRACT Collection service under the new garbage and recycling Contract will commence on January 1, 2026, but planning, preparations, and transition implementation will take place prior to this date. Page 4 Page 19 of 46 PROPOSAL FORM City of Oak Park Heights Residential Solid Waste Collection and Disposal and Recycling Contract To: City of Oak Park Heights Uwe the undersigned, having reviewed the specifications and instructions 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, and C shall be incorporated into the succeeding final Contract to be fully executed. Date: Company Name and Address: Title NOTE: You must use the supplied form and documentation. The City will not accept alternative proposal submissions or red -line alterations to any element of this request. Page 5 Page 20 of 46 ATTACHMENT A - TO PROPOSAL FORM INSERT YOUR MONTHLY RATES PER DWELLING UNIT FOR COLLECTION AND DISPOSAL OF REFUSE AND RECYCLING THESE ARE THE PRICES TO BE CHARGED FOR THE SERVICE REQUIRED AND OUTLINED IN THE CONTRACT FOR REFUSE AND RECYCLABLE COLLECTION. THESE PRICES WILL BE EMBEDDED IN THE FINAL CONTRACT —APPENDIX A. COMPLETE THE GRAY BOXES 2026 Submitted Proposal Rates For Small Container 30-35 gallon Medium Container 60-65gallon) Large Container 90-95gallon) A — Disposal Fee (1) B — Collection Fee (2) C — Recycling Fee (3) TOTAL (A+B+C) = Base Dwelling Unit Price Enter 2025 rates. The 2026 rates are unknown at this time and will be updated for the contract. 2027 S M L 2028 S M L A — Disposal Fee TBD TBD B — Collection Fee C — Rec cl ng Fee 2029 (optional term extension) S M L 2030 (optional term extension) S M L A — Disposal Fee TBD TBD B — Collection Fee C — Recycling Fee 2026 2027 2028 2029 (optional 2030 (optional extension) extension Per bag fee for extra bags of MSW 35 gallon bags) Seasonal yard waste cart fee Yard waste per bag fee (for those with no cart Page 6 Page 21 of 46 NOTES: (1) Disposal Fee of refuse/waste (including all taxes, surcharges and tariffs), is based on the Disposal Fee Calculation and County Rates minus the Per Ton Rebate. The Disposal Fee amount changes annually based on the formula provided. (2) 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 is also included. (3) Recycling Fee: Included in the recycling fee is the cost of regular weekly curbside collection of commingled recyclables (Single Sort Only) as defined in the Contract, collection and transportation and disposition of recyclables to processor/market for sale/reuse. Page 7 Page 22 of 46 ATTACHMENT B - TO PROPOSAL FORM 1. Please supply and attach to your proposal a separate cost schedule of large items, bulk items, appliances, etc. for 2026. These are the prices to be charged for the large/bulk item collection — January 1, 2026 through December 31, 2026, subject to annual increases as outlined in Section 4 of the Contract. These prices will be embedded in the Final Contract as Appendix 2. 2. Please indicate proposed service day for MSW, Recycling, Optional Yard Waste, and Large/Bulk Item collection. 3. 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 (attach additional sheet if necessary). Page 8 Page 23 of 46 ATTACHMENT C - MUNICIPAL SERVICE CONTRACT THIS CONTRACT, made this day of , 2025, by and between the "Contractor," and the City of Oak Park Heights, a municipal corporation in the County of Washington, State of Minnesota, "City;" 1. TERM OF THE CONTRACT. a. The term of the Contract shall be a period of five (5) years commencing January 1, 2026 and ending on December 31, 2028. b. The City and Contractor, by mutual agreement, may elect to extend the Contract, on mutually agreed terms and conditions. Nothing in this Contract shall imply or infer that the City or Contractor is committed to such extensions. c. The City reserves the right to terminate this Contract for material breach or unsatisfactory performance by Contract. Termination shall not affect the City's right to make a claim against Contractor or its Performance Bond for the damages on account for such a break. 2. SCOPE OF THE CONTRACT. The Contractor shall collect and properly dispose of all refuse, recyclable materials, and yard waste (when selected) 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 (estimated at 1,100 residential units). The Contractor shall provide all personnel, equipment, and equipment (including carts) 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. 3. DEFINITIONS. All items or phrases used in this Contract shall have the meaning given to the terms in Minn. Stat. 115A.01 — 115A.03, the City of Oak Park Heights Comprehensive Plan, the Washington County Waste Management Master Plan 2018-2036, and any updates to those Plans approved by the City or the County. Specific items listed in each definition shall be considered examples of the type of Solid Waste or Recyclables within each category. Abatement: The processes required to remove an assessment once charges have been certified to the county auditor for collection with the real estate taxes. 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 Page 9 Page 24 of 46 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: The aggregation and transportation of Solid Waste from the place at which it is generated and includes all activities up to the time when it is delivered to a processing facility. Contractor: The City's Solid Waste and Recycling Contractor. Container or Card: 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: The treatment, utilization, processing, transfer, or deposit of Solid Waste. 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. eWaste or Consumer Electronics: 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. Excess Household Waste: normal household waste that exceeds the capacity of the resident's Cart and is subject to a special fee for pick up. Holidays: Any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Large or Bulk 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. Mixed Municipal Solid Waste (MSW): Defined in accordance with Minn. Stat. 115A.01 — 115A.03, including garbage, refuse, rubbish, trash, and other solid waste from residential and community activities that the generator of the waste aggregates for collection. MSW does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural wastes, tires, lead -acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. MSW is also referred to in this Contract as "garbage." Page 10 Page 25 of 46 Non -targeted materials: Materials that are not designated by the City as Recyclable. Normal Household Waste: Mixed Municipal Solid Waste typically generated by Residential households. Organics: means all organic waste resulting from the handling, preparation, cooling, service, and consumption of food. Processing: the sorting, volume reduction, baling, containment, or other preparation of Recyclables delivered to a facility for transportation or marketing purposes. Processing center: a facility in which solid waste and recyclable materials are processed. The facility will conform to all applicable rules, regulations, and laws of state, local or other jurisdictions. 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. Residential Structure: shall include dwellings zoned as single-family, multi -family, apartments consisting of four or fewer units, including apartment dwellings, condominium and townhouse buildings, Bed and Breakfast, short-term rental operations, and businesses operating out of a residence. Single-family residences shall constitute one unit. Each unit of a multiple unit dwelling will constitute one unit. 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. Single -sort Recycling (S-S): The required Recyclables Collection method in which items designated as "Recyclable materials" or "Recyclables" are placed in a Recycling Cart, without being sorted, for Curbside Collection. Solid Waste: Garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, agricultural operations, residential uses, and community Page 11 Page 26 of 46 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. Source Separated Organic Materials (SSOM): Includes food waste and other compostable organic materials that are source -separated for recovery. Also referred to as "Food waste/Organics" and "Source Separated Organics." 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. 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. These materials are not accepted at curbside Solid Wastes collection. 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. 4. BILLING. a. Payment Method: Contractor shall NOT be responsible for billing and collection charges from units serviced under this Contract except the County's CEC taxes and except as otherwise specified in Section 18 of the Contract related to Yard Waste and Appendix 2 related to Bulk Items and/or Appliances. Upon the receipt of an uncontested billing from the Contractor, the City will compensate the Contractor within 30 calendar days, according to the rates set forth in Exhibit 1, for collection of refuse and recyclables upon the basis of the number of dwelling units serviceable each week, by a volume -based method. The total number of such dwelling units as of January 1, 2026 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. i. Upon request, the City will supply a record of accounts and adjustments to the Contractor. ii. The City will notify the Contractor of the dwelling units that make changes in their container size. iii. Separate roll -off containers are not managed under Contract. b. Residential Solid Waste & Recycle Material Collection (Fees): The Contractor's service fees for residential and approved multi -family complexes using Carts for waste and recycling material collection shall be determined in accordance with the fee schedule approved by the Page 12 Page 27 of 46 City attached hereto as Appendix 1. This schedule found in Appendix 1 will be effect during the term of this Contract. i. The Disposal Fee identified in Appendix 1 may increase or decrease corresponding with the percent of increase or decrease of Disposal Fees (tipping fees) paid by the Contractor based on County rates. ii. In the event the Contractor or City should incur any other actual increases in government taxes/fees that is not already addressed in this Contract, the parties agree discuss these other adjustments, but both parties must agree to any amendments. iii. 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. Large/Bulk Item Collection: Charges for pickup of large/bulk items shall be made directly to the resident owner by the Contractor at a rate approved by the City. The large/bulk item service prices will be established in Appendix 2 of the Contract. Said rates may be increased annually based on related disposal fee increases imposed to the Contractor from the Ramsey/Washington Recycling and Energy Board for such items or as agreed upon by the City and Contractor. The Contractor shall notify the City of any price changes and shall supply the City with an updated large/bulk item price list. d. 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 will have no involvement in the application, collection, interpretation or payment of the CEC. 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. f. 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. g. 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. 5. DISPOSITION OF MATERIALS. a. The responsibility for all materials collected under this Contract shall be that of the Contractor from the time of pick-up. Thereafter, ownership remains with the Contractor until the Contractor has properly disposed of or marketed the collected materials. b. Contractor shall also collect and dispose of all collected Recyclables at a facility for processing as it deems advisable, but in compliance with all County, State, and Federal laws and rules. Page 13 Page 28 of 46 Contractor may not transport the Recyclables to a mixed municipal solid waste disposal facility and shall not landfill, incinerate, compost, or make fuel pellets out of the Recyclables. The Contractor shall, upon the request of the City, inform the City in writing of the place and method of disposal and of any changes in the place or method. c. During the term of this Contract, the Contractor may retain any commodity values of the collected recyclables. d. Contractor shall dispose of any collected Yard Waste at a properly permitted and/or licensed compost site. The Contractor shall, upon the request of the City, inform the City in writing of the place and method of disposal and of any changes in the place or method. e. Contractor will comply with Minnesota Statutes 115A.46 and 115A.47 (or others that may apply or as amended) by delivering all waste generated by municipal activities and all waste generated through waste services contracts/agreements arranged for by the City on behalf of its residents to the Ramsey/Washington County Recycling and Energy Board (R&E Board) Facility located in Newport, MN. 6. COLLECTION LOCATION, SCHEDULE AND DAILY SERVICE HOURS. a. Contractor shall ensure curbside pickup of MSW (trash) at all residential units under this Contract in the City one time per each week during the term of this Contract. Single -sort Recycling shall be picked up every other week, unless the City and Contractor agree on weekly recycling collection, on the same day as MSW and other materials are collected. b. All collection services shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. on the day or days of the week specified by the Contractor in Appendix 1. The City will allow up to three separate days per week for collection based on a City -approved zone map in which the Contractor will supply a map of zones and each zone's specified date for collection. If an emergency exists, the Contractor shall notify the City of such emergency conditions and arrange for alternative collection. c. 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, 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. d. 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 14 Page 29 of 46 Severe Weather. The Contractor may postpone Collections due to severe weather at the sole discretion of the Contractor. "Severe Weather" shall include, but not be limited to, those cases in which snow, sleet, ice, or cold temperatures might jeopardize the safety of the Contractor's staff or result in unsafe driving conditions. If Collections are postponed, the Contractor shall notify the City within one (1) hour of the determination being made. Upon postponement, Collection will be made on the immediately following business day or the immediately following Saturday, whichever is soonest. 7. VOLUME BASED MSW SYSTEM. Volume/Weight-based MSW fees must be offered to each residence, in compliance with MN Stat. 115A.93 sub. 3. a. The Contractor shall furnish and deliver Carts for MSW in small, medium, and large sizes to residents. Residents shall be allowed to choose the size of the Cart for their residence. If the Contractor chooses to supply Carts that are slightly larger than the sizes listed above, it shall be considered in compliance with this provision. Carts will remain the property of the Contractor. b. In the event a resident desires collection of waste in excess of the Cart size it has selected, the Contractor shall pick up the excess waste and bill the resident directly via an invoice in the amount as outlined in Exhibit 3 for each additional 35 gallon bag or equivalent of excess household waste. c. The Contractor shall not be obligated to change Cart size at intervals of less than three (3) billing quarters and upon less than thirty (30) days' notice. d. Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $0.00 per month during the period of their absence. Notification shall be made by the Resident to the Contractor that they will be absent for more than 90 days. 8. MSW TIPPING FEES/HAULER REBATE. The tipping fee at the R&E Board Facility is set annually and is incorporated into the Disposal Fee. 9. RECYCLING AND MISCELLANEOUS 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 weekly 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. Service hours shall not begin prior to 7:00 a.m. nor continue past 6:00 p.m. b. The Contractor shall provide to 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, a minimum of one 90-95 gallon S-S recycling cart at no additional charge to the City or resident for commingled recyclable materials as agreed upon by the City and the Contractor. 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 and clearly distinguishable from solid waste containers. Page 15 Page 30 of 46 c. The list of Recyclables collected by Contractor must remain current with the Washington County List of Standard Recyclables; Contractor may add Recyclables for which it has stable markets. Current recyclables are included here as Appendix 3. d. 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. e. The pickup of recyclables shall be unlimited. 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. f. Contractor shall assist in the Recycling publicity and public education at the request of the City. Contractor agrees to cooperate in the development and distribution of educational material to help reduce Solid Waste generation and improve Recycling practices and disposal attitudes and habits. g. Clean-up Day: The City may conduct at least one Citywide Clean-up Day per calendar year during either (or both) spring or fall. The cost of such Clean-up days are not included in this Contract and the City may work with the Contractor for such services on a separate negotiated fee. Or, alternatively the City may seek proposals from an alternate vendor or execute such events independently from the Contractor at no penalty. 10. DATA RETENTION AND REPORTING. a. Contractor shall compile and retain Solid Waste data and report county -required data to Washington County. In addition, the Contractor shall furnish the City copies of Solid Waste reports that are submitted to Washington County when requested. Failure to furnish this data to the County within 20 business days of it being due shall entitle the City to withhold any payments due to the Contractor until the data is received by the County. b. Contractor must also provide to the City upon request any data generated as a result of this Contract that is required by Washington County including data pertaining to household participation rates. c. The Contractor must provide an annual report outlining the total tonnage collected of MSW and recyclables classified by type. 11. COOPERATION. Contractor agrees to meet and cooperate with City staff and the City Council when requested by the City, and to study and evaluate the Solid Waste collection system in order that the goals of the City. If necessary, based upon regulatory changes and technological advances, Solid Waste services may be Page 16 Page 31 of 46 modified, such as the addition of Organic Waste to the Collection system but both parties must agree to any revisions or amendments. 12. 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. Address and telephone number of such office and any changes shall be given to the City in writing. 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. 13. DISPUTE RESOLUTION. a. Contractor shall in good faith attempt to settle any dispute arising with residents. In the event the parties cannot resolve a dispute, the matter shall be submitted to City staff. b. In the event a dispute shall arise between the Contractor and the City, with respect to the amount of monthly compensation entitled to the Contractor from the City, duly appointed City and Contractor representatives should meet and endeavor to resolve the differences. In the event the dispute cannot be so resolved both the City and Contractor shall be bound by the terms and conditions of this Contract. Disputes that require legal action will be dealt with in Washington County District Court. This contract shall be construed in accordance with the laws of the State of Minnesota. 14. MUNICIPAL FACILITIES AND COLLECTION REQUIREMENTS. a. Contractor shall collect and dispose, without additional charge, such MSW and Recycling as is the responsibility of the City, or which is accumulated by the City, or for the City, including Recycling and MSW from all City -owned facilities: SITE LOCATION ITEM City Hall 14168 Oak Park Boulevard North Dumpster plus five recycling containers and one and waste container Autumn Hills Park 5697 Norwich Parkway Dumpster Brekke Park 5500 Omar Avenue North Dumpster Valley View Park 5421 Osgood Avenue North Dumpster Page 17 Page 32 of 46 b. Contractor and City shall mutually determine appropriate size receptacles based on need. c. In the event of a natural disaster within the City, the Contractor shall make dumpsters available as necessary for the cleanup at a price to be negotiated at the time the service is rendered. 15. EQUIPMENT. a. Vehicles used for the Collection of Recyclables shall be clearly signed on both sides as a Recycling Collection vehicle. In addition, all Collection Vehicles used in performance of the Contract shall: i. Be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least three (3) inches in height ii. Operate within the weight allowed by Minnesota Statutes and local ordinances; iii. Be duly licensed and inspected by the State of Minnesota; iv. Have a two (2) way communication device; V. Have a first aid kit; vi. Have an approved fire extinguisher; vii. Have warning flashers; viii. Have a broom, shovel and absorbent material for cleaning up solid or fluid spills; ix. Have warning alarms to indicate movement in reverse; X. Have a sign on rear of vehicle which states "This vehicle makes frequent stops xi. All of the required equipment must be in proper working order. xii. All vehicles must be maintained in proper working order and be as clean and free of offensive odors as possible. 16. PERSONNEL REQUIREMENTS. a. Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Contract. 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. c. 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. d. Employees shall not be under the influence of alcohol or drugs, shall be of a presentable appearance, perform work in a neat and quiet manner, and at all times be courteous to the public in the performance of their duties. 17. LICENSES AND PERMITS. The Contractor shall ensure that all driver and truck licenses and permits are current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City must have current permits and licenses as required by the appropriate city, Page 18 Page 33 of 46 county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. 18. OPTIONAL SEASONAL YARD WASTE CART RENTAL/BAG PICKUP. a. Contractor will provide yard waste (compost) service to the residents from Mid -April to Mid - November. This will be an elected chargeable additional service, with an on -call option as well. Charges for pickup yard waste shall be made directly to the resident by the Contractor at a rate approved by the City. The yard waste service prices will be established in Appendix 1 of the Contract. Said rates may be increased annually based on related disposal fee increases imposed to the Contractor from the disposal location or as agreed upon by the City and Contractor. b. Contractor will offer an option for Yard Waste Cart use for an annual fee outlined in Exhibit 1 to the Contract. The Contractor will provide a 95-gallon (approximate size) Cart for residents to place Yard Waste in if requested. This will be picked up on the same day as MSW and Recyclables. The Cart may be utilized year after year, during the period of this Contract. The fee will be an additional cost to the resident and billed directly from the Contractor to the resident. The carts will remain the property of the Contractor. c. The optional Yard Waste Cart eliminates the need for residents to purchase the compostable bags now required by Minnesota State Statute as materials can be placed loose into the Cart. Any Yard Waste outside of the Cart must still be in compostable bags or bundled and tied and will be collected at a rate of $2.00 per bag for Cart users. The carts will remain the property of the Contractor. d. For non -cart users, Contractor shall offer an option for individual on -call pick up(s) for Yard Waste. The Yard Waste would need to be placed into paper compostable bags, and be prescheduled for pickup with the Contractor by 9:00 a.m. at least three business days prior to the regular collection day of MSW and Recyclables. The per bag Yard Waste charge is outlined in Exhibit 1 of the Contract. e. 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. 19. INSURANCE REQUIREMENTS. 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, $2,000,000 aggregate per occurrence, and $1,000,000 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 Page 19 Page 34 of 46 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. 20. TRANSFER OF INTEREST. The Contractor may not assign any interest in the Contract, and shall not transfer any interest in the Contract, either by assignment or notation, without the prior written approval of the City. The Contractor shall not subcontract any services under this Contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate Contract termination. 21. NON -ASSIGNMENT AND BANKRUPTCY. The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said Contract without written approval from the City. In the event the City or its successors or assigns files for bankruptcy as provided by federal law, this Contract shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 22. PERFORMANCE BOND, PAYMENT BOND. The Contractor shall, prior to the effective date of the Contract, execute and deliver to the City 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 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, in addition to other remedies the City may pursue, 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. 23. GENERAL COMPLIANCE. a. The Contractor agrees to comply with all applicable local, state, and federal laws as an Independent Contractor. Page 20 Page 35 of 46 b. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or subcontractors of the Contractor only and not of the City; and any and all claims that might arise, including worker's compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. 24. HOLD HARMLESS. 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. 25. ACCOUNTING STANDARDS. The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. 26. RETENTION OF RECORDS. The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of six (6) years after the resolution of all audit findings. Records for non -expendable property acquired with funds under this Contract shall be retained for six (6) years after final disposition of such property. 27. DATA PRACTICES. a. The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Contract. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. b. All proposals, such as those for post -disaster assistance, shall be treated as non- public information Page 21 Page 36 of 46 until the proposals are opened for review by the City. At that time the proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 28. INSPECTION OF RECORDS. All Contractor records with respect to any matters covered by this Contract shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 29. APPLICABLE LAW. The laws of the State of Minnesota shall govern all interpretations of this Contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Washington, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 30. CONTRACT TERMINATION. a. The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured after thirty (30) days written notice has been provided. b. The City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by the Contractor under this Contract shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 31. EMPLOYEE WORKING CONDITIONS AND CONTRACTOR'S SAFETY PROCEDURES. The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable local, state, and federal laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for worker's compensation or safety violations, and standard operating procedures documents. 32. CONTRACT AMENDMENTS. Any amendments to this Contract shall be valid only when reduced to writing and duly signed by the parties. 33. MISSED COLLECTIONS AND SPILLS. a. If the Contractor shall fail to make a Collection at any residence, it shall do so within twenty-four (24) hours after notification from the City or resident of the address where the Collection was not made. b. If the Contactor's operations result in the damage or destruction of an MSW or Recycling Cart, it Page 22 Page 37 of 46 shall replace the Cart within one (1) service day after notification from the City or resident of the address where the Cart was damaged. c. The Contractor shall also respond promptly upon request by the City to clean up any spills, loose Solid Waste, Solid Waste blown out of vehicles, or leakage of vehicle fluids that result from its operations. The Contractor shall promptly clean up any of the above if observed by employees or notified of same during the route. 34. GUARANTY OF NONDISCRIMINATION. a. 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 and will include a similar provision in all subcontracts entered into for the performance thereof. b. 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, Subd. 181.59. 35. RENEWAL TERMS. Nothing in this Contract shall be construed to require an extension of this Contract. Upon expiration of the Contract, the City and Contractor may upon mutual agreement extend the Contract; or the City may invite additional Contract applications or proposals or terminate the Contract without further action. Page 23 Page 38 of 46 APPENDIX 1 Fee Schedule Solid Waste and Recycling Monthly Rate Schedule Page 24 Page 39 of 46 APPENDIX 2 Additional Costs for Extra Materials TO BE Billed Directly to the Resident by CONTRACTOR Page 25 Page 40 of 46 APPENDIX 3 Example of the minimum type of materials that SHALL be collected in Single Sort Container • PAPER Newspaper and inserts Magazines and catalogs Paper towel rolls Mail, school and office papers Phone books Shredded paper — sealed in a paper bag • CARDBOARD Boxes: food, beverage, toiletries Corrugated cardboard • CARTONS Beverage cartons Juice boxes • METAL Food and beverage aluminum and steel cans Aluminum foil Pie tins Small household scrap metal • GLASS BOTTLES AND JARS Food and beverage bottles and jars • PLASTIC BOTTLES, CONTAINERS, AND JUGS Recyclable PET (91) such as beverage bottles Recyclable HDPE (92) such as beverage jugs and toiletry bottles Recyclable PP (95) such as food tubs Bulky plastic — cat litter buckets, kids toys, etc. E-Waste, Oil, antifreeze, tires and hazardous chemicals shall not be permitted in the Sin, -le - Sort Container. Page 26 Page 41 of 46 THIS PAGE INTENTIONALLY LEFT BLANK Page 42 of 46 a� Oak Park,%._ G Date: May 13, 2025 New Business TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Food Truck Event at Cornerstone Chevrolet BACKGROUND: The City received a request from Cornerstone Chevrolet, located at 5900 Stillwater Boulevard, in the City of Oak Park Heights, for a special food truck event to be held on Fridays beginning in May through November. The applicant has specified that the food truck will be open to the public for general sales on Fridays in their parking lot near the entrance off Stillwater Boulevard. Under City Ordinance 1401, for any special event that desires operation of a food truck for more than one day, it must first be approved by the City Council. The City Council may place restrictions and contingencies on any permit granted so as to protect the general health, safety, and welfare of the community. This applicant has indicated that this event will be held every Friday with a rotating list of food truck vendors. Staff is recommending approval of the food truck event with the conditions outlined in the attachment. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Discuss approval and conditions ATTACHMENTS: Mobile Food Unit Event Conditions Page 43 of 46 CITY OF OAK PARK HEIGHTS MOBILE FOOD UNIT EVENT CONDITIONS 1. The mobile food unit operator must be licensed by the Minnesota Department of Health and Washington County, as required under Minnesota State law, or must be licensed by the Minnesota Department of Agriculture as required under Minnesota State law. The license must be clearly posted. 2. The mobile food unit operator must file with the City a Certificate of Insurance by an insurance company authorized to do business in the state of Minnesota, evidencing liability insurance in the amount of at least $100,000.00 for single injuries and $300,000.00 for each accident, together with at least $10,000.00 property insurance. The mobile food unit operator shall indemnify the City for all damages that may result to city property by virtue of the operation of a mobile food vehicle. 3. Mobile food unit sales may only conduct sales between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. 4. Waste generated by the mobile food unit must be transported out of the City and disposed of in accordance with all Federal, State, and local regulations. Grey water may not be drained into City stormwater drains. 5. The owner/operator of the mobile food unit shall be responsible for the conduct of their employees and agents while operating a mobile food unit. 6. A mobile food unit is not required to obtain a sign permit from the City. However, no additional signage is permitted beyond that which is on the mobile food unit unless it meets the following requirements: a. One single sandwich board style sign is permitted per mobile food unit. b. The maximum sign size is eight (8) square feet. c. The sign must be placed on the ground and within ten feet (10') of the mobile food unit and must be located on the applicant's property. d. The sign must not be placed in a manner that hinders passage upon any sidewalk. 7. Mobile food units and any associated equipment must be maintained and operated in a safe, working condition at all times and in a manner which minimizes noise, exhaust and odors impacting the public and surrounding public and private properties so as not to create a public or private nuisance. The operation of any mobile food unit which fails to meet the standards of safety established by the laws of the State or the City, operates in a manner that creates a threat to the health, safety, and welfare of the public, or fails to obey a lawful order of law enforcement or licensing personnel, shall be discontinued until such time as the deficiency is eliminated. Page 44 of 46 a� Oak Park,%._ G Date: May 13, 2025 New Business TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Food Truck Event at Lowe's Home Improvement BACKGROUND: The City received a request from Lowe's Home Improvement, located at 5888 Nova Scotia Avenue, in the City of Oak Park Heights, for a special food truck event to be held on Thursdays beginning in May through Fall 2025. The applicant has specified that the food truck will be open to the public for general sales on Thursdays in their parking lot. Under City Ordinance 1401, for any special event that desires operation of a food truck for more than one day, it must first be approved by the City Council. The City Council may place restrictions and contingencies on any permit granted so as to protect the general health, safety, and welfare of the community. This applicant has indicated that this event will be held every Thursday with one food truck vendor, Sugar Mama's GF Sweet Treats, LLC. Staff is recommending approval of the food truck event with the conditions outlined in the attachment. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Discuss approval and conditions ATTACHMENTS: Mobile Food Unit Event Conditions Page 45 of 46 CITY OF OAK PARK HEIGHTS MOBILE FOOD UNIT EVENT CONDITIONS 1. The mobile food unit operator must be licensed by the Minnesota Department of Health and Washington County, as required under Minnesota State law, or must be licensed by the Minnesota Department of Agriculture as required under Minnesota State law. The license must be clearly posted. 2. The mobile food unit operator must file with the City a Certificate of Insurance by an insurance company authorized to do business in the state of Minnesota, evidencing liability insurance in the amount of at least $100,000.00 for single injuries and $300,000.00 for each accident, together with at least $10,000.00 property insurance. The mobile food unit operator shall indemnify the City for all damages that may result to city property by virtue of the operation of a mobile food vehicle. 3. Mobile food unit sales may only conduct sales between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. 4. Waste generated by the mobile food unit must be transported out of the City and disposed of in accordance with all Federal, State, and local regulations. Grey water may not be drained into City stormwater drains. 5. The owner/operator of the mobile food unit shall be responsible for the conduct of their employees and agents while operating a mobile food unit. 6. A mobile food unit is not required to obtain a sign permit from the City. However, no additional signage is permitted beyond that which is on the mobile food unit unless it meets the following requirements: a. One single sandwich board style sign is permitted per mobile food unit. b. The maximum sign size is eight (8) square feet. c. The sign must be placed on the ground and within ten feet (10') of the mobile food unit and must be located on the applicant's property. d. The sign must not be placed in a manner that hinders passage upon any sidewalk. 7. Mobile food units and any associated equipment must be maintained and operated in a safe, working condition at all times and in a manner which minimizes noise, exhaust and odors impacting the public and surrounding public and private properties so as not to create a public or private nuisance. The operation of any mobile food unit which fails to meet the standards of safety established by the laws of the State or the City, operates in a manner that creates a threat to the health, safety, and welfare of the public, or fails to obey a lawful order of law enforcement or licensing personnel, shall be discontinued until such time as the deficiency is eliminated. Page 46 of 46