MEETING AGENDA ENVIRONMENTAL ADVISORY COMMISSION December 11, :00 PM. North St. Paul City Hall Sandburg Room 2400 Margaret Street

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1 MEETING AGENDA ENVIRONMENTAL ADVISORY COMMISSION December 11, :00 PM North St. Paul City Hall Sandburg Room 2400 Margaret Street I. CALL TO ORDER II. III. IV. ROLL CALL Simba Blood Felicia Tolbert-Ireland Glen Olson, Vice Chair Sue Springborn, Chair ADOPT AGENDA APPROVAL OF MINUTES A. Approval of the November 27, 2017 regular meeting minutes. V. MEETING OPEN TO THE PUBLIC Note: This is a courtesy extended to persons wishing to address the Commission concerning issues that are not on the agenda. This discussion will be limited to 15 minutes. VI. PUBLIC HEARINGS VII. VIII. PRESENTATION COMMISSION BUSINESS ACTION ITEMS & RECOMMENDATIONS A. Review/Discussion/Possible Action: Discuss and Review the City s Comprehensive Water Supply, Water Management and Sanitary Sewer Plans. B. Review/Discussion/Possible Action: Recycling Contract C. B. Review/Discussion/Possible Action: Simple Recycling D. Review/Discussion/Possible Action: Tree adoption specifications IX. REPORTS FROM STAFF A. Review/Discussion: EAC Council Presentation December 19,2017 B. Review/Discussion: Tote Bags X. REPORTS FROM COMMISSIONERS XI. ADJOURNMENT Next Meeting:

2 MEETING MINUTES ENVIRONMENTAL ADVISORY COMMISSION November 27, :00 PM North St. Paul City Hall/Castle Room 2400 Margaret Street I. CALL TO ORDER Chair Sue Springborn called the meeting to order at 5:04 p.m. II. ROLL CALL Present: Absent: Staff: Others: Sue Springborn, Chair Glen Olson, Vice Chair Simba Blood Jan Walczak, Council Liaison Felicia Tolbert-Ireland Debra Gustafson, Strategic Operations Director Keith Stachowski, Public Works Scott Duddeck, Fire Chief Erin Perdu, WSB City Planner Roxy Franta, WSB III. ADOPT AGENDA On motion by Vice Chair Olson, seconded by Commissioner Blood with all present voting aye, motion carried to adopt the agenda as presented. IV. APPROVAL OF MINUTES On motion by Commissioner Blood, seconded by Vice Chair Olson with all present voting aye, motion carried to approve the November 27, 2017 meeting minutes as presented. V. MEETING OPEN TO THE PUBLIC Note: This is a courtesy extended to persons wishing to address the Commission concerning issues that are not on the agenda. This discussion will be limited to 15 minutes. VI. VII. VIII. PUBLIC HEARINGS- PRESENTATIONS COMMISSION BUSINESS ACTION ITEMS & RECOMMENDATIONS A. Review/Discussion/Possible Action: Comp Plan Discussion: Sustainability Chapter Erin Perdu and Roxy Franta from WSB attended the meeting to receive feedback from the Commission regarding the Sustainability Chapter for the Comp Plan. Roxy

3 said she plans to use the Commission s feedback to draft the chapter and will have the Commission review the chapter before it is finalized. B. Review/Discussion/Possible Action: Discuss Updates to the Recycling and Trash Contract. Fire Chief Duddeck attended the meeting to discuss the proposed solid waste rate increase for residents in 2018 and discussed the rates the City of Maplewood currently has for solid waste. Duddeck stated his plan is to ask Republic to lower the rates and to extend the contract to expire at the same time as Maplewood (end of 2019) to enable both cities to complete an RFP collectively. The Commission stated if Republic requires the contract to be extended for longer than a few months, they would like additional items pertaining to recycling (as listed in the 2018 SCORE work plan) included in the extension. C. Review/Discussion/Possible Action: Pumpkin Drop. Staff reported that this was the second highest collection, 9,160 lbs. were collected and delivered. D. Review/Discussion/Possible Action: 2018 Goals and 2017 Accomplishments. Chair Springborn and Commissioner Olson stated they plan to attend the December 19 th Council meeting to present the EAC s goals and accomplishments. E. Review/Discussion/Possible Action: Score Grant Tote Bags. The Commission asked Liaison Gustafson to order 1,000 blue Large Grocery Tote bags with white lettering. The Commission asked to have the same information that was included on the water bottles: City Logo, Environmental Advisory Commission and Ramsey Recycles information. Gustafson stated she would the bag design to the Commission for their feedback prior to placing the order. On motion by Vice Chair Olson, seconded by Commissioner Blood, with all present voting aye, motion carried to recommend purchase of 1,000 Large Grocery Tote Bags with all funding coming from the City s Score Grant. F. Review/Discussion/Possible Action: Tree adoption specifications. Commissioner Blood suggested making the following edit to the description: The Environmental Advisory Commission will offer a limited number of complimentary trees for adoption to North St. Paul Residents The Commission asked to place this item on next month s agenda to review past years registrations to determine if the commission should give priority registration to residents that have not received a tree in the past. IX. REPORTS FROM STAFF A. Review/Discussion: Next Meeting will be held on December 11, 2017 X. REPORTS FROM COMMISSIONERS XI. ADJOURNMENT On motion by Vice Chair Olson, seconded by Commissioner Blood, with all present voting aye, motion carried to adjourn the meeting at 7:50 p.m. Next Meeting: The next regularly scheduled meeting December 11, 2017 at 6:00 p.m.

4 Agenda Information Memorandum North St. Paul Environmental Advisory Commission December 11, 2017 VII. COMMISSION BUSINESS ACTION ITEMS & RECOMMENDATIONS A. COMPREHENSIVE WATER SUPPLY PLAN, COMPREHENSIVE SANITARY SEWER PLAN, WATER MANAGEMENT PLAN DISCUSSION ACTIONS TO BE CONSIDERED Discuss and review the City s Comprehensive Water Supply, Water Management Plan, and Sanitary Sewer Plans. BACKGROUND Morgan Dawley from WSB is planning to attend the meeting to discuss the Water Supply and Sanitary Sewer Plans. ATTACHMENTS Water Supply Executive Summary Sanitary Sewer Executive Summary 2040 Water Supply Map 2040 Sanitary Sewer Map Water Management Plan Fact Sheet Surface Water Management Fact Sheet

5 EXECUTIVE SUMMARY Introduction The City of North St. Paul s Comprehensive Water Supply Plan evaluates the City s existing water distribution system and water demands, projects future water demands through the year 2040, and proposes infrastructure improvements to satisfy the future demands. This report has been prepared according to the guidelines established by the Metropolitan Council and the Minnesota Department of Natural Resources (DNR). The Water Supply Plan immediately following this report follows the template provided by the DNR, while this Comprehensive Water Supply Plan expands upon the template and provides further information for City and Metropolitan Council planning. Existing System The City of North St. Paul s water distribution system provides approximately 350 million gallons of water each year to about 4,650 service connections, a portion of which are located in the City of Maplewood where the system extends to the north. The system currently has one single pressure zone with five active production wells and two water towers. Population and Water Demand The population of the City of North St. Paul has fluctuated from year to year since 2005, but has stayed fairly constant over the long term. Total water use has fluctuated up and down as well over that time, although a slight decreasing trend has emerged in the last few years. Per capita water demands have also shown a slight decreasing trend. High efficiency appliances, general attitudes toward conservation, rainfall, and climate likely all play a role in these trends. Growth and Demand Projections The Metropolitan Council projects that the City of North St. Paul s population will remain roughly constant over the lifetime of this Plan, and that its total per capita water use will be constant. The population served by the City of North St. Paul s water distribution system, including the portion of the City of Maplewood supplied by the system, is projected to be 14,300 people by the year By that time, the projected total per capita water use of 74 gallons per capita per day will result in an average day demand of 1.06 million gallons per day and a maximum day demand of 2.75 million gallons per day. Proposed Improvements The City of North St. Paul s existing water system will require both rehabilitation and new installations to supply the projected population and its demands through the year By that time, the City plans to install chlorination equipment at its five well houses for disinfection, construct a new 750,000 gallon water tower for additional storage, and install a booster station to augment pressures in the northern part of the system. A more detailed discussion of these improvements, as well as planned rehabilitation work, is included in the Proposed Improvements section. Comprehensive Water Supply Plan City of North St. Paul, MN WSB Project No PAGE 1

6 POLICIES 1. Water Quality Provide the highest quality potable water possible to meet the domestic and business needs of those connected to the City s system. 2. Distribution System Provide a system which has adequate pressure for existing and future development and for fire protection. 3. City Wells and Pumps Monitor the capacity of the City wells and pumps to ensure that an adequate supply can be provided. 4. Conservation Encourage conservation and use the system efficiently to reduce costs and to minimize the need to add more improvements. 5. Cost Monitor the cost to provide a quality water supply and adjust the rates as needed to cover capital cost and operating costs. 6. Cooperative Agreements Continue the agreement with Oakdale to provide water service to the east side of Silver Lake. (If the area is redeveloped, extending the water service may be cost effective.) Comprehensive Water Supply Plan City of North St. Paul, MN WSB Project No PAGE 2

7 12'' Proposed Watermain Diameter 10" 12"! Proposed Tower Watermain Diameter 4" 6" 8" 10" 12"! Water Tower!< Well City Boundary Beam Ave Lydia Ave Document Path: K:\ \GIS\Maps\Comp Plan\WaterSupply_2040.mxd Date Saved: 11/17/2017 2:16:00 PM Aerial St N Casey Lake GwWX?ÇA@ 11th Ave E GzWX 7th St N 17th Ave E 7th St N 13th Ave E 6th St N 6th St N Burke Ave E Eldridge Ave E Belmont La E N St. Paul Rd County Rd B!< Mohawk Rd E G WX 12'' Cowern Pl E Holloway Ave E GÎWX Mcknight Rd N Mcknight Rd N GÎWX 15th Ave E 3rd St N 12'' 3rd St N Chippewa Ave N 2nd St N!!<!< 12'' Skillman Ave E 12'' 11th Ave E 2nd St N 1st St N 14th Ave E 12''!!< 1st St N!< South Avenue E Burke Ave E 12'' 1st St N 12'' Helen St N Helen St N Helen St N Lake St 17th Ave E Seppala Blvd Cowern Pl E Margaret St N 13th Ave E Margaret St N Margaret St N 10''! 4th Ave E 2nd Ave E 1st Ave E Charles St N Charles St N Charles St N 19th Ave E Henry St N 15th Ave E 10'' 7th Ave E 3rd Ave E GzWX Holloway Ave E Silver Lake Henry St N Henry St N GwWX?ÇA@ 10'' County Rd B?lA@ Century Ave N Century Ave N?lA@ Figure Water Supply System Comprehensive Water Supply Plan North St. Paul, MN 0 1,000 Feet

8 EXECUTIVE SUMMARY Introduction The City of North St. Paul s Comprehensive Sanitary Sewer Plan describes the existing sanitary sewer system and outlines the timing and sequence of future improvements. The Sanitary Sewer Plan allows the City and the Metropolitan Council to build and improve their sanitary sewer collection and treatment systems so that development can occur in the most efficient and cost-effective manner. As a result of projected population and land use changes in North St. Paul, the Metropolitan Council estimates that sanitary sewer flows will actually decrease approximately 5 percent between 2010 and Existing System North St. Paul s sanitary sewer system currently consists of approximately 46 miles of gravity main, four lift stations, and 2,300 feet of forcemain. All of the lift stations and their associated forcemains were rehabilitated within the last five years. The City s sanitary sewer system collects and conveys wastewater to the Metropolitan Council Environmental Services (MCES) Meter M010A which discharges into MCES Interceptor 1-MW-413 and through the MCES system to the MCES Metropolitan Wastewater Treatment Plant (WWTP) located southeast of St. Paul on the Mississippi River. Population and Flow The population of the City of North St. Paul has fluctuated from year to year since 2005, but has stayed fairly constant over the long term. The wastewater flow generated in the City has also fluctuated from year to year, likely due to yearly climate conditions. Over the last five years, the City has generated an average of 1.12 million gallons per day. Growth and Flow Projections The Metropolitan Council projects that the City of North St. Paul s population will remain roughly constant over the lifetime of this Plan, and that its wastewater flow will actually decrease slightly through the year In contrast, this Sanitary Sewer Plan considers each parcel of potential redevelopment and potential flow increases from that redevelopment to plan for required infrastructure, so the total flow is typically greater than the MCES projections. Proposed Improvements The City of North St. Paul conducts sanitary sewer lining and replacement as part of its annual street and utility improvement projects. The analysis of the projected 2040 redevelopment is still being completed to determine if any additional improvements to the City s sanitary sewer system will be necessary. Comprehensive Sanitary Sewer Plan City of North St. Paul, MN WSB Project No PAGE 1

9 POLICIES 1. City Sewer All developments must be served by City Sewer. 2. Trunk Lines The City will provide trunk sewer lines of a size sufficient to handle existing and future wastewater flow consistent with redevelopment plans, and provisions in this Comprehensive Plan. 3. Standards The system most meet Upper Midwest Ten States Standards. 4. Maintenance The City will regularly inspect the system and perform preventative maintenance to reduce overall costs. 5. Inflow and Infiltration (I/I) The City will reduce I/I through: Enforcement of the sump pump ordinance, Maintenance to the system, Continuance of the annual I/I program, which includes sealing manholes and reconstructing or relining sewer pipe in conjunction with the City s annual street and utility improvement projects. 6. Needs The City will evaluate sanitary sewer system needs to ensure a continued high level of service. Comprehensive Sanitary Sewer Plan City of North St. Paul, MN WSB Project No PAGE 2

10 !( MCES Meter MCES Interceptor Xä Lift Station Forcemain Service to Maplewood Served by Maplewood Served by Oakdale North St. Paul Boundary Sewer Districts " Aerial St N!( Casey Lake 11th Ave E GzWX 7th St N Xä Kidde Corner Lift Station (1987 7th St) Xä Casey Lake Lift Station (2768 Chisholm Ave) 17th Ave E 7th St N Gravity Main Diameter 8" 9" 10" 12" 15" 18" 24" 13th Ave E 11th Ave Lift Station ( th Ave) Xä 6th St N 6th St N Burke Ave E Eldridge Ave E Belmont La E N St. Paul Rd County Rd B Mohawk Rd E G WX Cowern Pl E Holloway Ave E GÎWX Mcknight Rd N Mcknight Rd N GÎWX 15th Ave E 3rd St N 3rd St N Beam Ave Chippewa Ave N Skillman Ave E 2nd St N 11th Ave E 2nd St N Lydia Ave 1st St N 14th Ave E 1st St N South Avenue E Burke Ave E 1st St N Helen St N Helen St N Helen St N Lake St Silver Lake Lift Station (2593 Swan Ave) 17th Ave E Seppala Blvd Cowern Pl E Margaret St N Xä 13th Ave E Margaret St N Margaret St N 4th Ave E 2nd Ave E 1st Ave E Charles St N Charles St N Charles St N 19th Ave E Henry St N 15th Ave E 7th Ave E 3rd Ave E Holloway Ave E Silver Lake GzWX Henry St N Henry St N GwWX?ÇA@ County Rd B?lA@ Century Ave N Century Ave N?lA@ Document Path: K:\ \GIS\Maps\Comp Plan\SanitarySewer_2040.mxd Date Saved: 11/30/2017 9:46:43 AM North St. Paul Sanitary Sewer Plan Figure Sanitary Sewer System North St. Paul, MN 0 1,000 Feet

11 Water Management Plan (WMP) City of North St. Paul What is a WMP? A component of a city s Comprehensive Plan that describes how the community protects and improves water quality and quantity. A planning tool to help communities meet the challenges of costeffective management of water resources, both surface water and groundwater. A regulatory document describing policies for development. A plan to help cities budget for water resource related projects and provide eligibility for grant funding and partnership opportunities. Why are we updating it? To meet the requirements under State Law that requires a plan update occur every 10 years as part of the Comprehensive Plan update. To provide consistency between watershed requirements and county groundwater plans. Who uses this plan? The City Watershed districts State agencies such as the Minnesota Board of Water and Soil Resources and Metropolitan Council Residents Background for North St. Paul Last plan update was completed in 2008 Incorporates requirements, goals, and policies from Ramsey- Washington Metro Watershed District and Valley Branch Watershed District Provides data and other background information related to water resources throughout the city Incorporates results from City-wide water quantity modeling What type of information is in the plan? Section 1.0, Executive Summary, provides basic information about the city s natural setting and summarizes the highlights of the WMP, including the WMP purpose and scope, goals, policies, and implementation tasks. Section 2.0, Physical Setting, provides technical information describing the surface and subsurface conditions of the city. Section 3.0, Assessment of Issues, assesses the issues, challenges, and problems the city faces in managing stormwater on behalf of the public. Section 4.0, Goals and Policies, presents the city s water resource vision in the form of its goals and policies. Section 5.0, Implementation Program, describes the significant components of the city s WMP implementation program, including its NPDES program, operation and maintenance of its stormwater system, education and public involvement, funding, ordinance implementation and official controls, implementation priorities, and a detailed implementation plan. Section 6.0, References, lists the documents and other references used in the preparation of the WMP. Developers

12 City Goals Regarding Surface Water Management What are the City s goals with respect to managing water resources? Water Quality: Maintain or improve the water quality of lakes, wetlands, and detention basins, and watercourses in the City of North St. Paul necessary to support designated beneficial uses, and improve the quality of surface water discharged to water bodies downstream of the City of North St. Paul (per TMDL requirements). Water Quantity and Flooding: Preserve, maintain, and improve the stormwater storage and detention systems to control excessive volumes and rates of runoff, control flooding, to protect public health and safety, and to prevent the inundation of occupied structures. Wetlands: Achieve no net loss of wetlands, including acreage, functions, and values. Where practicable, improve the functions, values, biodiversity, and acreage of wetlands. Groundwater: Protect the quality and quantity of groundwater resources to preserve it for sustainable and beneficial purposes. Erosion and Sediment: Protect the capacity of the stormwater system, prevent flooding, and maintain water quality by preventing erosion and sedimentation from occurring, and correct existing erosion and sedimentation problems. Recreation, Habitat and Shoreland Management: Protect and enhance fish and wildlife habitat and recreation opportunities and manage watershed projects and programs to achieve healthy What type of information is in the plan? ecosystems. Education and Public Involvement: Increase public awareness, understanding and involvement in water and natural resource management issues; increase public interaction with water resources and healthy ecosystems. Financing: Minimize and fairly distribute public expenditures for plan implementation, with emphasis on using the city s stormwater utility to finance projects and collaborating/partnering with other entities. How does this plan help the City meet these goals? Specifies projects and programs that will meet City goals Prioritizes projects and programs based on need, regulatory requirements, and estimated impact on water quality Establishes partnerships with state and local agencies that also work on water quality issues Allows the City to be eligible for grant applications to fund water quality project and programs Plans projects over a 10-year period that the City can implement as needed Allows for funds to be budgeted each year for improvement projects

13 Agenda Information Memorandum North St. Paul Environmental Advisory Commission December 11, 2017 VII. COMMISSION BUSINESS ACTION ITEMS & RECOMMENDATIONS B. RECYCLING AND TRASH CONTRACT ACTIONS TO BE CONSIDERED Discuss updates to the Recycling and Trash Contract BACKGROUND Fire Chief, Scott Duddeck is planning to attend the meeting to discuss the recycling and trash contract. Staff has spoken to Republic since the November EAC meeting; Republic is proposing a longer contract extension than originally discussed. Based on the new information staff would like to receive feedback from the Commission. ATTACHMENTS Ramsey County Work Plan Recycling

14 CITY OF NORTH ST. PAUL 2018 RECYCLING PERFORMANCE WORK PLAN ACTION ITEMS: 1. Complete all 2018 SCORE requirements, including reporting on time and providing examples of all distributed outreach materials. 2. Send all outreach materials to Ramsey County for review prior to distribution. 3. Use hauler data to identify those not recycling and target educational materials. 4. Use Ramsey County materials when and where appropriate to promote increased recycling, medicine collection, HHW, Fix-It Clinics and yard waste participation. 5. Work with Ramsey County to educate and move toward organics collection for all residents. 6. Regularly update recycling content on the municipality s website. 7. Ensure all multi-unit properties are meeting State law requirements to recycle and are receiving free Ramsey County resources. 8. Promote BizRecycling resources to businesses. 9. Ensure an efficient and effective bulky waste collection program that prioritizes recycling of bulky materials. 10. Promote Ramsey County s event container lending program and general green event planning tips. 11. Increase opportunities for recycling in public spaces at events and in parks. All recycling bins must be paired with a trash bin and in good condition. 12. Renegotiate hauling contract for improvements including allowing multi-units to opt-in to contract.

15 Agenda Information Memorandum North St. Paul Environmental Advisory Commission December 11, 2017 VII. COMMISSION BUSINESS ACTION ITEMS & RECOMMENDATIONS C. TEXTILE RECYCLING ACTIONS TO BE CONSIDERED Discuss possibly of offering textile recycling in North St. Paul. BACKGROUND Staff met with Simple Recycling on 12/6/2017, to discuss the possibly of offering a textile recycling program in North St. Paul. Attached are documents pertaining to their program. ATTACHMENTS Sample contract Checklist of items that Simple Recycling would need from the city Electronic version of the brochure Reference list of cities in Minnesota that have had the program the longest One-page summary of the program

16 North St. Paul MN bullet points for Simple Recycling December 6, 2017 Simple Recycling is a company in Ohio that provides free year-round curbside textile collection on the same day at recycling pickup day. WasteZero markets the program in the Twin Cities metro area. The program works like this: Simple Recycling mails out a postcard announcing the program, followed by a mailer with two plastic collection bags with instructions to residents for used clothing, textiles, and other small household goods. Residents then put the bags out on recycling collection day and Simple collects the bags in a Ford Transit van. Simple Recycling then weighs the material at its local facility and pays $20 a ton to the city. The program is free, and waste haulers are usually fine with the program because it keeps textiles out of their recycling facilities. Average annual collection usually starts at seven pounds per household. Terms of the arrangement and service standards are laid out in a five-year contract. You can see their web site at This is a turnkey system so that the city staff does not need to administer the program. Simple Recycling has a customer service hotline and bags and mailers have the 800 number, , and web site on them to direct residents for questions. Simple Recycling has already launched the program in Ohio, Michigan, Indiana, Texas, Massachusetts, Connecticut, Illinois, and Minnesota. In the Twin Cities, 154,000 households have access to the service in Brooklyn Park, Brooklyn Center, Crystal, New Hope, St. Louis Park, Shorewood, Mounds View, Shoreview, Robbinsdale, Stillwater, Ham Lake, Lakeland, White Bear Township, Arden Hills, and Coon Rapids in addition to customers of Tennis Sanitation in Maplewood, Cottage Grove, Inver Grove Heights, Lake Elmo, Newport, Oakdale, St. Paul Park, South St. Paul, Woodbury, and West Lakeland. Curbside collection is both cleaner and more convenient than drop-off containers. Simple Recycling sends their material to a grading facility, where roughly 30% of the material is destined to local thrift stores, 30% is appropriate for overseas markets, and the remainder is shredded into insulation and fiber for industrial wipers. While charities do collect the same type of material, Americans are still throwing away 85% of clothing and textiles even with all the charitable donation opportunities, so there is a lot of room for improvement. The contract with Simple Recycling would not prevent any resident from donating material to their favorite charity. In addition, Simple Recycling is a private company so it cannot give a receipt for a tax deduction; therefore, residents seeking that deduction can still contribute to a charity.

17 AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES This Agreement for the Collection of Soft Recyclables ( Agreement ) is made and entered into this day of, 20, (the Date of Execution ) by and between the City of North St. Paul, a municipal corporation with an address at 2400 Margaret Street, North St. Paul, MN 55109, (herein referred to as North St. Paul ), and Great Lakes Recycling, Inc. d/b/a Simple Recycling, an Ohio corporation with a business address at 5425 Naiman Parkway, Solon, OH (together which with its successors and assigns, herein referred to as "Contractor"). W I T N E S S E T H: WHEREAS, Contractor is skilled and experienced in the collection and efficient recycling and disposition of Soft Recyclables; and WHEREAS, North St. Paul desires to limit and restrict the quantity of Soft Recyclables which are deposited in the landfill; and WHEREAS, North St. Paul has selected Contractor to collect, identify, haul, recycle and/or dispose of Soft Recyclables in North St. Paul Service Area; and WHEREAS, Contractor can provide such services and is in the business of and has the expertise, experience, resources and capability to perform the collecting, identifying, packaging, hauling, recycling and/or disposing of Soft Recyclables; and Now, THEREFORE, in consideration of the premises and material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by the parties, Contractor and North St. Paul (herein collectively called the Parties ) hereby agree as follows: 1. Term. This Agreement shall begin upon the Date of Execution and continue for an initial term of five (5) years from the execution date of this Agreement (the Initial Term ). At the end of the Initial Term Contractor and North St. Paul have the right to renew for additional five (5) year terms upon mutual agreement (each such term an Extension Term and collectively, the Term ). Unless either Party provides written notice to the other Party at least sixty (60) days prior to the end of the Initial Term or any Extension Term, the Term shall automatically renew for an unlimited number of five-year terms. During the Term, Contractor shall have the sole and exclusive right to pick up Soft Recyclables in North St. Paul Service Area through municipal contracted pick up. 2. Contractor s Program Commencement. During the Term, Contractor agrees to begin providing program services immediately following the execution of this document. The Date of Commencement will be no later than twelve (12) months from the Date of Execution of this Agreement. On the Date of Commencement, Contractor agrees to furnish all labor, equipment, tools, and services required and necessary for the collection and disposal of Soft Recyclables within North St. Paul and provide qualified supervisory personnel to direct the activities of Contractor under this Agreement.

18 3. Collection Vehicles. All collection vehicles used in performance of the Agreement shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota statutes. Contractor shall obtain all pertinent licenses from the City, County and State. In addition, all vehicles must be: a) Clean and maintained in proper working order b) Clearly identified on both sides with Contractor s name and customer service telephone c) Equipped with a two-way communications device, first aid kit, appropriate equipment for cleaning up spills and/or leaks, and all safety equipment required by the Federal, State of Minnesota, and local governing bodies, including federal and state Departments of Transportation 4. Collection Procedures. During the Term and after the Date of Commencement, Contractor shall collect all acceptable Soft Recyclables set-out for recycling and collection by Residential Customers in approved Containers. The decision of what is an "acceptable" Soft Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event shall Contractor be required to accept any Excluded Items which include, but are not limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste, and electronic waste considered to be covered electronic devices under M.S. 115A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices) and in no event shall Contractor provide service to Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not in a Container. Contractor agrees to operate collection vehicles in such a manner to prevent materials from being blown from the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to North St. Paul. 5. Collection Events. Contractor shall provide services for collection of Soft Recyclables at annual spring and fall Citywide Clean-up events on dates specified by North St. Paul. Contractor will provide collection container or vehicle and personnel to run the collection of Soft Recyclables. 6. Ownership. Soft Recyclables set out for collection on the regularly scheduled collection day remains the responsibility and ownership of the property owner or tenant until handled by the Contractor at which point they become the responsibility and ownership of the Contractor. 7. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access 2

19 point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not set out in accordance with this paragraph. 8. Contamination and Improper Set Out. If Contractor encounters any improperly packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable items, and leave contaminants at Curbside. 9. Collection Schedule. Contractor shall divide the Service Area into collection areas to coincide with North St. Paul collection dates and geographic area, between the hours of 7 a.m. and 6 p.m., Monday through Saturday. Collections shall be made from Service Recipients on a regular schedule in accordance with the existing North St. Paul recycling pickup schedule. However, Contractor has the option to alter the frequency of the scheduled pickups if requested in writing by the Contractor and approved by North St. Paul. Contractor shall not be required to perform any service under this Agreement on Holidays. Following all Holidays, each Residential Customer shall receive collection service on the day following its normally scheduled collection with the weeks work to be finished by Saturday. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion makes the pickup of the Soft Recyclables from a Service Recipient impracticable under the circumstances. 10. Inventory of Containers. During the term of this Agreement, Contractor shall purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution to Service Recipients. Prior to commencement of service under this Agreement, Contractor shall provide new Containers to each Service Recipient. Containers shall initially be delivered to Service Recipients with an informational brochure on the recycling collection program described herein that is produced and printed by the contractor and approved by North St. Paul, which approval shall not be unreasonably withheld (the Program Brochure ). 11. Missed Collections and Complaints. Service Recipients shall be instructed by North St. Paul to report missed collections and complaints to Contractor. The Program Brochure and other program information shall include contact information for the Contractor to facilitate communication from Service Recipients. Contractor shall give prompt and courteous attention to all reported missed collections and complaints. 12. Contractor s Fee. After the Initial Term, the Contractor shall pay to North St. Paul a contract fee of One Cent ($0.01) per pound of gross receipts of Soft Recyclables in North St. Paul. Payments shall be made to North St. Paul not more than thirty (30) days following the close of each calendar month during the term of this Agreement. Weight shall be collected and documented upon completion of each collection day. A monthly tonnage report shall be sent to the City of North St. Paul at the end of each month. 13. Publication Information and Education Program. North St. Paul shall provide public information in the normal course to inform Service Recipients of this recycling program. The content and timing of North St. Paul public information shall be coordinated with and approved by Contractor. Contractor may prepare and distribute its own promotional materials 3

20 subject to North St. Paul approval, which approval shall not be unreasonably withheld. Contractor shall participate in North St. Paul directed promotion and education efforts as outlined below: a. During the course of the routine recycling pick up, provide and distribute notices regarding rejected materials and proper set out procedures. b. Training of employees to deal courteously with customers on the telephone and onroute to promote the collection service and explain proper material preparation. c. Coordinate with North St. Paul for distribution of written promotional and instructional materials directly to Service Recipients. d. Be available a minimum of two times per year to participate in promoting the collection service at an area fair, neighborhood association program, school, or community event. e. Provide advice to North St. Paul on promotion and education material content and presentation. 14. Telephone and Customer Service. Contractor shall maintain and staff a local tollfree telephone number where complaints of Service Recipients shall be received, recorded and handled by Contractor, between the hours of 9:00 AM and 4:30 PM Monday through Friday, excluding Holidays. Typically, all "call backs" shall be attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not contacted on the first attempt, Contractor shall make subsequent attempts on the next working day after the original call. Contractor shall make a minimum of three (3) attempts within twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be recorded on a log kept by Contractor. 15. Marketing and Disposition of Recyclable Material. Contractor shall be solely responsible for the marketing and sale of collected Soft Recyclables, and shall be solely responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell the Soft Recyclables in a timely manner. If Excluded Items or materials banned from disposal in municipal solid waste by the State of Minnesota are collected, knowingly or unknowingly, the Contractor shall be solely responsible for recycling or disposal of items as required by the State of Minnesota. 16. Insurance. During the term of this Agreement Contractor agrees to keep in force, with an insurance company licensed to transact business in Minnesota, an "occurrence basis" insurance policy or policies indemnifying, defending and saving harmless North St. Paul from all damages (except for damages caused by North St. Paul own negligence, willful misconduct or failure) which may be occasioned to any person, firm, or corporation, whether damages are by reason of any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no less than: a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single limit per accident for bodily injury and property damage. 4

21 c. Worker's Compensation/Industrial Insurance: Limits as required by the State of Minnesota. The general liability provisions in automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) North St. Paul, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. (ii) Contractor's insurance coverage shall be primary insurance as to North St. Paul, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by North St. Paul, its officers, officials, employees, or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to North St. Paul, its officers, officials, employees, or volunteers. (iv) Contractor's insurance shall apply separate to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, nor reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to North St. Paul. 17. Indemnification and Hold Harmless. Except for North St. Paul s own negligence, willful misconduct or failures, Contractor shall save, keep, and hold harmless North St. Paul, its officers, agents, employees, and volunteers from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omission of Contractor, any of Contractor's employees, or any subcontractor. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and North St. Paul, its members, officers, employees, and agents, Contractor's liability hereunder shall be only to the extent of Contractor's negligence. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 18. Compliance with Law. Contractor agrees to comply with all published ordinances, laws, rules, and regulations, together with amendments thereto, of the STATE, the United States of America, or City of North St. Paul pertaining to the services to be performed hereunder. 19. Taxes. Contractor agrees to save North St. Paul harmless from any and all taxes or assessments of any kind or nature levied by any political subdivision upon Contractor by reason of services rendered for Soft Recyclables and disposal for North St. Paul. 20. Employee Conduct. All Contractor personnel must maintain a courteous and respectful attitude toward the public at all times. At no time may they solicit, request or receive 5

22 gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane language at all times during the performance of duties. Any employee of Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous must be removed from service under this contract by Contractor. 21. Monthly Reports. Contractor shall provide monthly project status reports. These reports will be due within fifteen (15) days of the close of the month being reported. At a minimum, the reports shall include detailed data to allow analysis of collection and processing efficiencies including pounds of Soft Recyclables collected in the prior month, the payment of the required fee to North St. Paul, missed pick-ups, tagging, and complaints. 22. Inspections. Upon reasonable advanced request to Contractor, North St. Paul may inspect the facilities, equipment and operations of Contractor to assure itself of the appearance and compliance with provisions of this Agreement. Upon reasonable advance request, North St. Paul may review the records kept on the Soft Recyclables collected under the terms of this Agreement to test and validate the weights claimed. North St. Paul agrees to notify Contractor, in writing, at least forty-eight (48) hours prior to any such inspection and shall indicate the reasonable basis for requesting the inspection. 23. Meetings and Communications. In order to minimize misunderstanding and to provide thereafter a forum for discussing and resolving any issues that may arise, the parties agree to meet on a regular basis and hereby adopt communications procedures as follows: Meetings After Collection Begins. After Collections begin, meetings shall be held no less frequently than a quarterly basis, unless otherwise mutually agreed, between representatives of the parties. Such meetings will be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. Designation of Representatives. Each party shall send at least one representative to each meeting. North St. Paul shall send to each meeting at least one staff member with operation expertise. Each party shall designate one, and only one, representative as its Lead Representative. If a party sends only one representative to any meeting, that person shall be conclusively presumed to be its Lead Representative. 24. Owner not Barred from Donating or Selling Soft Recyclables to Others. Nothing in this Agreement shall abridge the right of an individual or household to give or sell their Soft Recyclable materials to any recyclable materials program. 25. Compliance with Laws and Regulations. Contractor agrees that, in performance of work and services under this contract, Contractor will qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 26. Termination and Breach. Either party may terminate this Agreement without cause upon one hundred eighty (180) days written notice. Should North St. Paul elect to terminate this Agreement without cause under the aforementioned provisions or if Contractor terminates this agreement for-cause, North St. Paul shall not enter into any other Soft Recyclables program in 6

23 North St. Paul Service Area for the remainder of the contract term unless undertaken with the Contractor, unless said restriction is waived in advance, in writing by the Contractor. However, should North St. Paul elect to terminate this Agreement for-cause due to an uncured breach by the Contractor, North St. Paul shall not be precluded from entering into any other agreement for the collection, identification, packaging, hauling, recycling and/or disposing of Soft Recyclables. In the event of a breach of the terms and conditions of this Agreement by either Party hereunder, the non-breaching Party may elect to terminate this Agreement by providing the defaulting Party with a written notice of such default, and allowing the breaching Party a period of thirty (30) days from and after the date of such notice to cure the breach complained of to the satisfaction of the non-breaching Party. In the event said breach is not cured within the thirty (30) day period, this Agreement shall be terminated (for-cause) as of the last day of the period. In the event North St. Paul is the non-defaulting party, Contractor agrees to furnish services under this Agreement until such time as another Soft Recyclables collection and disposal contractor can be selected by North St. Paul. 27. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement. 28. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of North St. Paul. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which accrue to North St. Paul employees and Contractor expressly waives and claim it may have or acquire to such benefits. 29. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. 30. Entire Agreement. This Agreement supersedes any prior or contemporaneous representation or agreements, whether written or oral, between the Parties and contains the entire agreement 31. Amendments. Any modification or amendment of this Agreement shall require a written agreement signed by both parties. 32. Nondiscrimination. In the hiring of employees to perform work under this Agreement, the Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 7

24 33. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. 34. Access to Records and Data. Contractor shall provide access to North St. Paul, to review collection and customer service records related to North St. Paul, produced by the Contractor that are directly pertinent to this Agreement for the purpose of making an audit, other examination and preparing excerpts and transcriptions. 35. Government Data/Privacy. The Contractor agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. HIPAA requirements, and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. The Contractor understands that all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing those functions that the City would perform is subject to the requirements of Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of the Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 36. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 37. Notices. All notices and other communications pursuant to this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the address set forth below: Notice to City: Scott Duddeck or Debra Gustafson City of North St. Paul 2400 Margaret Street North St. Paul, MN, Notice to Contractor: Adam Winfield President Great Lakes Recycling, Inc. d/b/a Simple Recycling, 5425 Naiman Parkway, Solon, OH Definitions. a. Commercial Customer: The term "Commercial Customer" means non-residential customers, including businesses, public or private schools, institutions, governmental agencies and all other users of commercial-type Garbage collection services. b. Container: The term Container means a bag supplied by Contractor for use by the Residential Customer to set out Soft Recyclables. c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' property, within seven (7) feet of the Public Street or Private Road without blocking sidewalks, 8

25 driveways or on-street parking. If circumstances preclude, a Curbside shall be considered a placement suitable to the resident, convenient to Contractor's equipment, and mutually agreed to by North St. Paul and Contractor. d. Excluded Items: The term Excluded Items means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic waste considered to be covered electronic devices under M.S. 115A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices), etc. and any item heavier than fifty (50) pounds. e. Garbage: The term Garbage means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes, dead animals, piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, or stumps. f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 4 0 C.F.R. Part 2 61 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Minnesota statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law. g. Holiday: The term Holiday means the following days: New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, unless otherwise specified by North St. Paul recycling holiday schedule. h. Residential Customer: The term Residential Customer means an individual or individuals residing in a single-family home or multi-unit residence up to 8-plex that is rented, leased or owned. i. Service Area: The term "Service Area" means the municipal corporate limits of North St. Paul plus, if necessary, one or more adjacent municipalities within a forty (40) mile radius with a minimum of forty thousand (40,000) households and be scalable to a minimum of one hundred thousand (100,000) households within a forty (40) mile radius, based on the municipalities collection censuses. The Service Area will encompass all of North St. Paul trash and recycling collection area, as it may be amended from time to time. j. Service Recipients: The term Service Recipients means Residential Customers of North St. Paul in the Service Area. k. Soft Recyclable: The term Soft Recyclable means items of an individual weight less than fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily men s, women s and children s clothing as well as items such as jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps, sleeping bags, small furniture, small appliances, irons, radios and audio equipment,, 9

26 cameras, lamps, hairdryers, tools, toasters, coffee makers, silverware, dishes, pots and pans, glasses and the like. The definition of Soft Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Date of Execution first written above. ATTEST: City Clerk Mayor For Simple Recycling: Adam Winfield, CEO, Simple Recycling 10

27 Checklist for Simple Recycling after contract signing: 1. Signed contract - 3 copies. 2. Mailing List - All residences receiving curbside pickup service (Excel Format). 3. Official City Street Map 4. Collection Schedule & Route Map 5. City Logo 6. Holiday Schedule 7. Print Proof Approval of Mailers 8. Launch - We send out education & outreach materials. 9. Curbside pickup begins. (Items 2-7 to be completed via ) NEW MARKET LAUNCH - Approx. 12 weeks after agreement signed.

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