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HomeMy WebLinkAboutEnvironmental Quality Committee Packet 02-14-2018ENVIRONMENTAL QUALITY COMMITTEE AGENDA February 14, 2018 WHERE: MEDICINE LAKE ROOM A Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Environmental Quality Committee and will be enacted by one motion. There will be no separate discussion of these items unless a Committee member, or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. 7:00 P.M. CALL TO ORDER 2. 7:00 P.M. PUBLIC FORUM — Individuals may address the Committee about any item not contained in the regular agenda. A maximum of 15 minutes is allotted for the Forum. 3. 7:20 P.M APPROVAL OF AGENDA - EQC members may add items to the agenda for discussion purposes or staff direction only. The EQC will not normally take official action on items added to the agenda. 4. 7:25 P.M. CONSENT AGENDA* A. Approve January 10, 2018 EQC Meeting Minutes (Asche) 5. 7:30 P.M. GENERAL BUSINESS A. EQC refresher, Orientation, and Organization B. Election of Committee Chair and Vice Chair C. Recycling Contract — Review and provide comments to staff (if approved by Council on 2/13) 6. REPORTS AND STAFF RECOMMENDATIONS 7. FUTURE MEETINGS: March 14, 2018 • Surface Water Management Plan Updates 8. 8:30 P.M. ADJOURNMENT DRAFT Minutes Environmental Quality Committee (EQC) January 10, 2018 MEMBERS PRESENT: Chair Marky Williamson, Committee Members Paul Senne, Dick Kobussen, Andy Polzin, Kathy Osborne, Marita Prokop, Clay Hoes MEMBERS ABSENT: STAFF PRESENT: Council Member Jim Prom, Water Resources Manager Derek Asche 1. Call to Order - 7:04 P.M. 2. Public Forum Committee Member Dick Kobussen commented that he heard on Minnesota Public Radio a spot on salt reduction efforts by the City of Plymouth. Committee Member Marita Prokop commented that the State of Minnesota is working on a website to document the location of drinking water pipes. 3. Approval of Agenda Motion by Committee Member Senne, seconded by Committee Member Polzin, recommending approval of the January 10, 2018 Environmental_ Quality Committee meeting agenda. With all members voting in favor, the motion carried. 4. Consent Agenda A. Approve November 8, 2017 EQC Meeting Minutes Motion by Committee Member Kobussen, seconded by Committee Member Osborne recommending approval of the Consent Agenda. With all members voting in favor, the motion carried. 5. General Business A. Approve Adopt -a -Street Collection Day Water Resources Manager Asche gave an overview of the staff report recommending Saturday April 14, 2018 as the first Adopt -a -Street collection day in 2018. Motion by Committee Member Kobussen, seconded by Committee Member Senne recommending pp aroval of Saturday April 14th, 2018 as the first Adopt -a -Street collection day in 2018. With all members voting in favor, the motion carried. B. Recognition of Dick Kobussen Water Resources Manager Asche noted this would be the last EQC meeting for Committee Member Kobussen. Committee Member Kobussen was appointed to the EQC in December of 2014 and for the past three years has been a valuable contributor to the EQC's mission and annual projects, most notably organics and textile recycling discussions over the past year. Prior to Environmental Quality Committee Minutes November 8, 2017 Page 2 serving on the EQC, Conunittee Member Kobussen served on the City's Planning Coimnission. Water Resources Manager Asche thanked Committee Member Kobussen for his dedicated service. 6. Reports and Staff Recommendations Water Resources Manager Asche updated the EQC on the Metropolitan Council Water Efficiency Grant outcomes, the Plymouth Parks & Forestry Buckthorn Bust guidelines, drainage on the Luedke property, and provided an article from BioCycle entitled "Residential Food Waste Collection access in the U.S.". 7. Future Meetings -February 14, 2018 8. Adjournment Environmental Quality Committee adjourned at 7:38 p.m. Agenda Number CITY OF PLYMOUTH ENVIRONMENTAL QUALITY COMMITTEE AGENDA REPORT DATE: February 7, 2018 for the EQC Meeting of February 14, 2018 TO: Environmental Quality Committee (EQC) FROM: Derek Asche, Water Resources Manager SUBJECT: Environmental Quality Committee (EQC) Refresher, Orientation, and Organization ACTION REQUESTED: To receive orientation information on EQC procedures and organization. BACKGROUND: The Plymouth EQC is responsible for the review, consideration, initiation, and recommendation to the City Council policies, plans, or projects which will enhance and preserve the natural environment of the City. The EQC shall be respectful of others opinions, maintain compliance with open meeting law requirements, and follow established procedures for meetings including parliamentary procedure. Orientation for new members and a refresher for current members serves to reaffirm the procedures, purpose, and goals of the EQC. BUDGET IMPACT: There is no direct budget impact to receive orientation information on EQC procedures and organization RECOMMENDATIONS: Staff recommends the EQC receive orientation information on EQC procedures and organization. Attachments: Policy Establishing Plymouth EQC Mission/Organization Statement EQC Meetings and Procedures Electronic Communications between Council Members document O:\Utilities\Stonn Sewer and Water ResourcesTnvirorunental Quality Conunittee\Agenda Reports\201ftrientation.doex POLICY ESTABLISHING PLYMOUTH ENVIRONMENTAL QUALITY COMMITTEE MISSION/ORGANIZATION STATEMENT Resolution 2007-028 January 9, 2007 (Supersedes Resolution 2003-317, July 22, 2003; Resolution 2003-260, May 27, 2003; Resoultion 2002-216, January 8, 2002; Resoultion 94-4, January 24, 1994; Resolution 95-140, February 21, 1995) Objective The Plymouth Environrnental Quality Committee shall review, consider, initiate and recommend to the City Council such policies, plans or projects which will enhance and preserve the natural enviromnent of the City. The Committee's scope shall include, but not necessarily be limited to matters of water quality, wetland preservation, ground water protection, solid waste collection and disposal, recycling and reuse programs, ecological preservation, control of soil erosion and air, noise and light pollution. The Committee shall also review upon request enviromnental assessment worksheets and environmental impact statements referred to from time by the Planning Commission or City Council. Composition The Committee shall consist of seven members, with one member from each of the city's four wards, and three members at -large. Members shall serve three-year terms, commencing on February 1, subject to a six-year maximum as set forth in Council policy. The Chair shall be selected by the membership. The City Engineer or designee shall provide staff assistance to the Committee. Areas of Concentration: To accomplish their objective, the Committee will: 1. Become familiar with state statutes, federal regulations, agency rules, and city ordinances on the subject of issues. Receive information regarding role of Watershed Management Organizations, municipalities, Department of Natural Resources, and Army Corps of Engineers and other regulatory agencies on enviromnental issues. Review related data. 2. Review environmentally related city policies and ordinances and recommend appropriate revisions to the City Council. 3. Recommend actions to the Council for consideration in the city budget to preserve and enhance enviromnental quality throughout Plymouth. ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETINGS AND PROCEDURES Agenda The Water Resources Manager prepares the agenda for each EQC meeting. The agenda is generally closed to the addition of new material the Wednesday prior to an EQC meeting. Members should advise Water Resources Manager of items they wish to have added to the agenda. Once the agenda has been sent to the EQC members along with the accompanying packet material, no item is added or deleted prior to the EQC meeting. A majority of the EQC members may amend the agenda by adding, deleting, or changing items during "Approve Agenda" at the beginning of the EQC meeting. The order of business on the EQC meeting agenda is as follows: Call to Order Public Forum Approve Agenda Consent Agenda Public Hearing General Business Reports and Staff Recommendations Future Meetings Adjourn Regular Meetings Regular meetings of the EQC are currently held on the second Wednesday of each month at 7:00 PM (unless otherwise noted) in the City Council Chambers on the upper level of City Hall. Record of the Meetings — Minutes Minutes of each EQC meeting are kept by the EQC recording secretary and approved at a future EQC meeting. The minutes are considered the official record of the EQC meeting. Parliamentary Procedure The EQC has adopted Roberts Rules of Order for the conduct of meetings. Parliamentary procedure is usually viewed as complex, but it can simply be considered as a set of tools used to assure that a meeting goes smoothly and fairly. It is used to facilitate a group coming to a majority decision when there are differing points of view. 0AUti6lies\Storm Sewer and Water Reso..\Environmental Quality Committee\EQC—MeetingPro cedures. docx The chairperson conducts the meetings and is responsible for maintaining order at all times. The following are the general principles of parliamentary law: 1. Things must be handled one at a time. The EQC should consider only one substantive issue at a time. The EQC should not digress into subjects unrelated to the topic at hand. This principle also means that only one motion of any type is the immediately pending question. It must be voted on or disposed of in some way before anything else can be considered. 2. All members have equal rights, responsibilities, privileges and obligations. Every member has an equal vote and should have an equal opportunity for discussion. 3. The will of the majority prevails. Parliamentary law provides the method by which the group finds out what most of the members want to do and makes their will the policy of the group, for the present. 4. The rights of the minority must be protected. It is minority right to vote against the prevailing side and request that the reason for the dissent be recorded in the minutes. 5. Every member has the right to know what motion is before the group and what effect the motion would have if adopted. When a complicated, amended, or substitute motion is made, the meaning of the motion and its effect should be clearly explained for the benefit of the EQC, City Council and the public. 6. Meetings must be conducted with fairness and in good faith. The presiding officer should be impartial with respect to conduct of the meeting. Any member desiring to speak should address the Chairperson, and upon recognition, address the question under debate. A member desiring to question the staff or member of the public should address the Chairman, and once recognized, pose the question. Staff members should observe the same rules of order. A member of the public desiring to address the EQC on an agenda item is asked to complete a blue agenda card and forward it to the Chairperson. When recognized by the Chairperson, the person steps to the podium, gives his/her name and address, and addresses the Committee. All speakers are given the opportunity to speak once before a speaker is allowed a second opportunity to do so. 0AUtiH6es\Storm Sewer and Water Resources\Enviromnental Quality Committee\EQC_MeetingProcedures. do cx The EQC transacts business through motions, which the members make, second, discuss, and subsequently either pass or reject by vote. These are the steps to making and acting on a motion: 1. A member addresses the Chainnan. 2. The Chainnan recognizes the member. 3. The member states the motion ("I move...") The member making a motion does not need to favor it and can vote against it. Often a member will make a motion for purposes of discussion. 4. Another member seconds the motion ("I second the motion.") 5. The Chairman may repeat the motion if necessary. 6. Discussion follows. 7. Motions to amend the main motion ("I move to amend the main motion...") or to substitute a motion ("I move a substitute motion...") may be made if needed in the same manner as the main motion. 8. The EQC votes on the motion. If there is a motion to amend the main motion, the amendment is first voted on, then the main motion as amended is voted on. 9. The Chairman may announce the result of the vote. Common Motions: Motion to reconsider — Only a person who originally voted on the prevailing side may move to reconsider an issue. If the EQC passes the motion to reconsider, it must then reconsider the original motion and take another vote on it. A motion to reconsider an issue may only be made at the same or next EQC meeting. Motion to table — This postpones consideration of an issue until a date certain or some undetermined future date if no date is specified in the motion. A motion to table is not debatable. Motion to postpone indefinitely — This indefinitely postpones consideration of an issue. If the issue is considered in the future, it would be treated as a new issue. Motion to amend — Members may offer amendments to a main motion at any time. The vote on the amendment must precede the vote on the main motion. Motion to substitute — This is a motion to replace one motion with another on the same subject. Withdraw a Motion — The maker of a motion may withdraw the motion prior to voting. This does not require the consent of the second. When a motion is withdrawn, the business is treated as if it had never been made, and anyone can snake the motion again. This is not debatable. O:\Utilities\Storm Sewer and Water Resourees\Environmental Quality Committee\EQC MeetingProcedures.docx Friendly Amendment to a Motion — This is used by the maker and second of a motion when something is inadvertently missed in the stating of the main motion. For example, the EQC discussion on an item may have been clear that an additional condition is to be added to a proposed resolution, but the maker of the motion fails to mention it. The maker of the motion would say, "I'd like to offer a friendly amendment to include... in the main motion." If the second concurs, that addition is included in the main motion on which the EQC subsequently votes. Motion to Divide the Vote — This is a motion that portions of an item be voted on separately. For example, if the EQC is considering approval of three total maximum daily load (TMDL) implementation plans, a member could move to divide the question so that each project is considered separately. This motion is not debatable. Motion to Limit Debate — This is a motion to limit debate on a topic to a certain amount of time or to a certain number of speakers for and against the issue. A motion to limit debate is not debatable. Motion to Call the Question — This is a motion to end debate and vote on the motion. A motion to call the question is not debatable. A simple majority vote of the EQC is required for approval. Q\Utilities\Storm Sewer and Water ResoweeAEnvironmental Quality Committee\EQC_MeetingProcedures. docx 4;.� Ll GUE of CONNECTING & INNOVATING [NNESOTA SINCE 1913 CITIES RISK MANAGEMENT INFORMATION ELECTRONIC COMMUNICATIONS BETWEEN COUNCIL MEMBERS Electronic communication such as e-mail correspondence, instant messaging, social media, and blogs and microbiogs, can be an unintentional conduit for city officials to violate the Minnesota Open Meeting Law. Elected officials and city committee and board members should be aware of the following issues to avoid inadvertent violation of this law. The Open Meeting Law Under the Minnesota Open Meeting Law, Minn. Stat. § 13D, meetings of at least a quorum of the city council or one of its committees to discuss city business must be publicized and open to the public, subject to a few exceptions. A primary purpose of the law is to make sure information and deliberations about city business are available to the public. The law applies to any discussion about city business, not just voting or official actions, and to any gathering of a quorum of the council or committee. In most cities a quorum is three or more council or committee members. It's easy to imagine situations in which a quorum might gather — coffee at the local cafe, pre- or post -meeting discussions, a wedding reception or community celebration are all common places in which one or more council members might be present. Such a meeting would create an open meeting concern if the group discussed city business. Although not an obvious meeting, serial meetings also create an open meeting concern if city business was discussed by a quorum. To understand how a serial meeting occurs, imagine that council member A talks to council member B about a city issue, B talks to council member C about that issue, and C talks to A. Serial meetings also can occur through written correspondence, or telephone conference calls. Any of these scenarios could give rise to an open meeting law violation Violating the law carries with it penalties including personal liability for up to $300 per occurrence and forfeiture of office for officials who intentionally violate the law three times. Reasonable costs and attorney fees also can be awarded if the court finds specific intent to violate the law. Electronic Communications and the Open Meeting Law The Minnesota Open Meeting Law has a number of tricky aspects, not the least of which results from increasing reliance on e-mail and other electronic communication between council or committee members. This material Is provided as general information and Is not a substitute for legal advice. 1 Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAx:(651)281-1298 I N S U RAN C E TRUST Sr, PAUL. MN 55103.2044 TOLL FREE: (800) 925-1122 wEn: Www.umc.onc Electronic communication makes a serial meeting easier by allowing council or committee members to forward messages from one person to the next, to respond to one another via blog comments, or to chat via social media vehicles such as Facebook, MySpace or Twitter. Imagine one council member e -mailing another to suggest the pros and cons of a particular city decision. The recipient forwards the e-mail to another council member, along with his or her own comments and interpretations. Even if the last council member to receive the e-mail doesn't reply to the originator or the council member who forwarded the message, the three members have stil l discussed city business outside a public forum. A similar situation could occur if council members respond to one another's blog, comment about city business on Facebook, or communicate via a micro-blog such as Twitter. A violation could be found where serial electronic communications are used to reach a decision. Many cities are moving toward electronic meeting packets for councils and committees, often sent via e-mail attachments. This sort of one-way distribution of information is fine in terms of the Minnesota Open Meeting Law, remembering that any materials relating to the agenda items of a meeting distributed to members must also be made available to the public as well. City officials should start to get concerned, though, when one or more council members use the "reply to all" feature in e-mail to respond to the content of the meeting materials, or otherwise begin a discussion by e-mail about the packet, or discuss agenda items on social media sites. This can begin to look a lotrr Learn More like non-public discussion of city business. Suggestions One suggestion is that council members never communicate to one -another using electronic means, but instead treat electronic media such as e-mail only as a way to receive information from the city clerk or administrator. If a council member has information to share electronically with the rest of the group, he or she might send it to the clerk and ask for it to be distributed from the clerk to everyone else (electronically or in paper form). Using the clerk as the clearinghouse for information distribution is probably a safer alternative than having council members communicate directly, although it doesn't completely eliminate concerns about violating the open meeting law. Even this clearinghouse concept could provide opportunity for three or more council members to exchange opinions about city L kb Read more about risks related to electronic communications between council members, and social media and cities, from the League: Open Meeting Law Defense Coves Developing a Computer Use Poficv Social Media and Cities; Questions and Considerations business, so tt s tmporiam t at the city c1 1, a aware of and watch for possible issues. Finally, this model would still present problems in Standard flan cities, where the clerk is also a member of the council. If council members are engaged in direct electronic discussions, it's probably best to limit it to only two members. A "no forwarding and no copying" rule might be a good way to make sure the Minnesota Open Meeting Law isn't unintentionally violated through electronic conversation. Finally, be careful when council members participate in a listserv, chatroom, forums and social media. Because these groups may include a quorum of your council, one council member's comments will be viewed by other members. If the topic has to do with city business and other council members reply, it could prove problematic under the Minnesota Open Meeting Law. Again, the city might consider a "no reply" sort of rule when it comes to these resources, or perhaps have council members send ideas for postings or responses to the city clerk or administrator to manage. Remember, too, that official city committees are subject to the same open meeting requirements and should be similarly educated about correct electronic use. Regardless of precautions, there may be times when council members find themselves accused of violating the Minnesota Open Meeting Law, perhaps having unintentionally engaged in one of these sorts of conversations. One way to diffuse some concern is to immediately release copies of ail electronic correspondence to anyone who wants to see it. While this doesn't negate the possible violation, it shows good faith and lack of specific intent to violate the law. Draft guidelines for electronic communications between council members Cities might decide to develop policies clarifying appropriate or preferred e-mail and electronic communications use by and between council members. Even if a city doesn't formally adopt a policy, the guidelines here might be helpful for any elected official or city board member to follow. The purpose of these draft guidelines is to suggest how members of city councils and other city committees might communicate via email and electronic means. A city should review these draft guidelines along with its normal operating procedures, consult with the city attorney and determine the best course of action. Tom Grundhoefer / Greg Van Wormer 09109 Guidelines for Electronic Communications between Council Members in the City of These guidelines apply to all members of the city council and all members of council and city committees, commissions, sub -committees, etc, in the City of For purposes of these guidelines, reference to council members includes members of all other city committees and groups subject to the Open Meeting Law. Reference to the council shall include all such groups and meetings. For purposes of these guidelines, "electronic means" means email, instant messaging, chatrooms, social media, microblogs and related electronic conversation. For purposes of these guidelines, "city clerk" means the city clerk, manager, administrator or his I her designee. These guidelines apply regardless of whether the council member is using a city -provided email address and account, his/her personal email address or account, or one provided by his/her employer; and to all social media accounts to which a council member posts. Meeting materials Electronic communication of meeting materials should generally be conducted in a one-way communication from the city clerk to the council. Council members may receive agenda materials, background information, and other meeting materials via email attachment or other electronic means (such as file sharing) from the city clerk. If a council member has questions or comments about materials received, s/he should inquire via electronic means directly back to the city clerk. A council member should not copy other committee members on his/her inquiry. If the clarification is one of value to other council members, the city clerk may send follow-up materials or information to the council. Materials relating to agenda items of a meeting must also be made available to the public at the meeting. Communication during council meetings • Council members should not communicate with one another via electronic means during a public meeting. • Council members should not communicate with any member of city staff via electronic means during a public meeting. • Council members should not communicate with the public via electronic means during a public meeting. 4 Communication outside of council meetings • Council members should generally act with caution when using electronic means to communicate with one another, being mindful of the Minnesota Open Meeting Law. • If a council member wishes to share information with other members, s/he should do so through the city clerk. The council member may request the city clerk distribute materials to others. The communication should not invite response to or discussion between any council members, including replies to the person making the distribution request. This should be considered a method for providing one-way information to other members of the council. Again remember that materials relating to agenda items for city business must be provided to the public at the meeting. • If a council member wishes to address only one other member through electronic means on any topic related to city business, s/he can do so directly, but should be mindful of the following: o One-to-one communication is ideal. o The recipient of an electronic message or inquiry should reply only to the sender, should not copy others on the reply and should not forward the original communication to other council members. o The sender of an electronic message should not forward or copy the recipient's reply to any other council member. o Neither the recipient or sender should publish such correspondence on any blogs or other social media site unless it is part of an official communication of the whole of the Council, and part of the city -managed electronic communication strategy. • If a council member receives an electronic communication from any source related to city business and distributed to multiple council members (i.e. an email sent to the entire council from a member of the public; or an email sent to three council members from a local business), s/he should reply only to the sender. The reply should not be copied to all on the.original distribution or forwarded to any other council member. • If a council member receives listsery distributions, electronic newsletters, or participates in electronic discussion forums, chatrooms, or on Facebook, Twitter or blogs where other council members are also Iikely to participate, the council member should not reply to any distribution or comment so that the reply is copied to the entire distribution group, or any part of the group that might include other council members. The council member should instead respond only to the sender of any message or inquiry. Classification and Retention of electronic communications • Regardless of whether electronic communication by a council member is taking place on a city -provided computer, home computer or other computer system, classification of information as public, private or other is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chapt. 13) and should be treated accordingly. • Council members should retain electronic communications in keeping with city policies and procedures, whether such communication takes place on a city -provided computer, home computer or other computer system. Agenda Number CITY OF PLYMOUTH ENVIRONMENTAL QUALITY COMMITTEE AGENDA REPORT DATE: February 7, 2018 for the EQC Meeting of February 14, 2018 TO: Environmental Quality Committee (EQC) FROM: Derek Asche, Water Resources Manager SUBJECT: ELECTION OF CHAIR AND VICE CHAIR FOR 2018 ACTION REQUESTED: To elect a Chairperson and Vice Chairperson of the EQC for 2018. BACKGROUND: Each year, the EQC shall elect a Chairperson and Vice Chairperson. It is the responsibility of the Chairperson to conduct EQC meetings in accordance with Roberts Rules of Order. Should the Chairperson be unable to attend an EQC meeting, the responsibility for conducting the meeting shall be the responsibility of the Vice Chairperson. Generally, it is common for the various Plymouth committees to rotate their leadership on an annual basis. Last, the Chairperson shall act as a point of contact between the EQC and City staff. BUDGET IMPACT: There is no direct budget impact associated with electing a Chairperson and Vice Chairperson of the EQC in 2017. O:\Utilities\Ston Sewer and Water ResourcesTnvironmental Quality Coimnittee\Agenda Reports\2018\chair vice chair 2018.docx Agenda Number CITY OF PLYMOUTH ENVIRONMENTAL QUALITY COMMITTEE AGENDA REPORT DATE- February 7, 2018 for the EQC Meeting of February 14, 2018 TO- Environmental Quality Committee (EQC) FROM: Derek Asche, Water Resources Manager SUBJECT: Review and Comment on current Agreement for Comprehensive Municipal Recycling Services ACTION REQUESTED: To review and provide comments to staff on the current Agreement for Comprehensive Municipal Recycling Services. BACKGROUND: The current agreement with Allied Waste Services d.b.a. Republic Services for comprehensive municipal recycling services expires on December 31, 2018. The agreement primarily covers residential curbside recycling collection and drop-off site collection at the City's Maintenance Facility. Generally, products for collection include paper, cardboard, plastics, glass, and some metals such as aluminum. BUDGET IMPACT: There is no direct budget impact to review and provide comments to staff on the current Agreement for Comprehensive Municipal Recycling Services. Currently, residents a charged a fee of $2.50/month for recycling services. RECOMMENDATIONS: Staff recommends the EQC review and provide comments to staff on the current Agreement for Comprehensive Municipal Recycling Services. Attachments: Agreement for Comprehensive Municipal Recycling Services O:\Utilities\Storm Sewer and Water Resources\Envirorunental Quality Coiwnittee\Agenda Reports\2018\recycling contract review.docx 1.00) City of Plymouth AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES Table of Contents AGREEMENT GENERAL CONDITIONS AND TERIVIS PreliminaryStatement......................................................................................................................4 1 Contract Documents................................................................................................................4 2 Compensation for Services......................................................................................................4 3 Method of Payment................................................................................................................4 4 Revenue Sharing......................................................................................................................5 5 Withholding of Payment..........................................................................................................5 6 Materials Disposition............................................................................................ ..................5 7 Audit Disclosure.....................................................................................................................6 8 Term of This Agreement.........................................................................................................6 9 Termination.............................................................................................................................6 10 Subcontractor...........................................................................................................................6 11 Independent Contractor..........................................................................................................6 12 Assignment.........................................................................................................................7 13 Services Not Specified............................................................................................................7 14 Industry Price Indices (Indicators) to calculate Revenue Sharing...........................................7 15 Severability..............................................................................................................................7 �. 16 Entire Agreement.....................................................................................................................7 17 Compliance with Laws and Regulations.................................................................................7 18 Equal Opportunity..................................................................................................................7 19 Waiver.....................................................................................................................................8 20 Indemnification........................................................................................................................8 21 IrLwran ce.................................................................................................................................. 8 22 Automobile Insurance.............................................................................................................8 23 Performance and Payment Bond ........................................................................................8 24 Timely Communications of problems.....................................................................................9 25 Liquidated Damages................................................................................................................9 26 Workers' Compensation Insurance.......................................................................................10 27 Conflict of Interest.................................................................................................................10 28 Data Practices/Records......................................................................................................... 0 29 Governing Law ....................... ............................................................................................. 0 30 Severability............................................................................................................................10 31 Amendments..........................................................................................................................10 32 Signatures..............................................................................................................................11 EXHIBIT A: RECYCLING COLLECTION, PROCESSING AND MARKETING SPECIFICATIONS................................................................................. .........................12 Page 1/31 1. Introduction...........................................................................................................................12 2. Definitions.............................................................................................................................12 3. Current Recyclable Material Preparation...............................................................................15 4. Ownership of Materials ................................................................................ .......................15 5. Revenue Sharing....................................................................................................................15 6. Residential Curbside Recycling Program Collection Requirements.....................................15 6.1 Frequency of Collection, Collection Districts, and Collection Days of the Week ......15 6.2 Collection Hours..........................................................................................................15 i 6.3 Non -Completion of Collection and Extension of Collection Hours ............................15 6.4 Missed Collections...................................................................................:...................16 6.5 Holidays ...................................................................................................................16 6.6 Severe Weather ................... ..16 6.7 Point of Collection.......................................................................................................16 Walk-up Service...........................................................................................................16 i6.8 I 6.9 Compliance with Driving and Hauling Laws..............................................................17 6.10 Weighing of Loads and Reporting Requirements........................................................17 6.11 Procedure for Unacceptable Materials.........................................................................17 6.12 Public Education and Promotion ................................................................................17 6.13 Clean-up Responsibility .............................................................................................18 6.14 Customer Service and Records i ....................................................................................18 6.15 Pilot Project Test Areas ...............................................................................................18 6.16 Vehicle Licensing and Inspection Requirements.........................................................18 6.17 Collection Vehicle Equipment Requirements..............................................................19 6.18 Personnel Requirements...............................................................................................19 6.19 City Pavement Management Program.........................................................................19 7. Drop -Off Recycling Site........................................................................................................20 j7.1 Drop -Off Site Operations.............................................................................................20 7.2 Drop -Off Site Materials ...............................................................................................20 7.3 Storage Containers: Capacity and Service Frequency.................................................20 7.4 City Approval of Container Type and Labeling..........................................................20 7.5 Weighing of Loads and Reporting Requirements........................................................20 7.6 Management of Contamination....................................................................................20 8. Multi -Family Recycling.......................................................................................................21 8.1 MF Recycling Service Standards.................................................................................21 8.1.1 Recyclable Materials ........................................................................................21 8.1.2 MF Recycling Carts and/or Dumpsters............................................................21 8.1.3 Minimum Collection Frequency..........,...........................................................21 8.1.4 Procedure for Unacceptable Materials.............................................................21 Page 2/31 ( 8.1.5 Adequate Public Education.............................................................................22 8.2 MF Recycling Data ......................................................................................................22 8.3 Monthly and Annual Reports.......................................................................................22 9. Commercial / Institutional Recycling...................................................................................23 9.1 Cl Recycling Service Standards ...................................................................................23 9. 1.1 Recyclable Materials........................................................................................23 9,1.2 Minimum of Bi -Weekly Collection Frequency..............................................24 9.1,3 No Less than Two Stream Sorts.......................................................................24 9.1.4 Adequate Public Education..............................................................................24 9.2 Cl Recycling Data........................................................................................................24 9.3 Monthly and Annual Reports.......................................................................................25 10. Recyclables Composition......................................................................................................25 10.1 Estimating Materials Composition as Collected..........................................................25 10.1.1 Estimating Process Residuals...................:......................................................26 10.2 End Market Certification.............................................................................................26 10.3 Materials Processing and Marketing.............................................................................26 10.3.1 Processing Facilities Must Be Specified..........................................................26 10.3.2 Lack of Adequate Market Demand..................................................................26 10.4 Performance Monitoring ......................... ...27 10.5 Reports and Meetings..................................................................................................27 10.5.1 Weekly Reports...............................................................................................27 10.5.2 Monthly Reports.............................................................................................27 10.5.3 Annual Reports...............................................................................................27 10.5.4 Annual Meeting..............................................................................................27 10.5.5 Other Meetings.................................................................................................28 fEXHIBIT B; COMPENSATION................................................................................................29 1. Compensation for Residential Curbside Recycling Collection Service ................... 1.1 Curbside CDU Counts.................................................................................................29 j P1.2 1.1.1 Annual Adjustment to CDU Count.................................................................29 Collection Service Price ...............................................................................................29 2. Compensation for Drop -Off Collection Service....................................................................29 3. Recycling Collection at City Designated Sites......................................................................29 4. Multi -Family Recycling Service Price .................... .....30 5. Commercial / Institutional Recycling Service Price.............................................................30 6. Revenue Share Formula and Processing Fee.........................................................................30 6.1 Basic Revenue Sharing Formula..................................................................................30 6.2 Processing Fee .............................................................................................................30 7. f Published Industry Market Indices........................................................................................31 Page 3/31 AGREEMENT General Conditions and Terms This Agreement is made on the 23`d day of August, 2011, between the City of Plymouth [hereinafter "City"] and Allied Waste Services of North America, LLC. a Delaware limited liability company, d/b/a Allied Waste Services of the Twin Cities- Eden Prairie [hereinafter "Contractor"]. Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of COMPREHENSIVE MUNICIPAL RECYCLING SERVICES by the Contractor for the City. The City and Contractor agree as follows: I Contract Documents The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they -were set verbatim and in full herein: A. This Agreement B. Specifications, Exhibit "A" C. Compensation, Exhibit "B" In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority, and Contract Document "C" having the last priority. Residential collection shall occur on Wednesdays, Thursdays, and Fridays, except for changes due to holidays. Collection will begin Wednesday, January 4, 2012. 2 Compensation for Services Compensation for Services: The City agrees to pay the Contractor for services as described in Exhibit B, attached and made a part of this Agreement. 3 Method of Payment The Contractor shall submit itemized bills for services provided to the City on a monthly basis. Invoices must include a copy of the Recycling Materials Revenue Report. Bills submitted shall be paid in the same manner as other claims made to the City. The Contractor shall provide documentation and reports as required by the City in Exhibit A. Page 4/31 4 revenue Sharing The City shall receive a credit on the next monthly statement based on the Net Proceeds (defined in Exhibit A) of the sale of all recyclable materials collected the previous month in the City, if there are positive net proceeds from the sale. The Net Proceeds shall be applied to all recyclable materials collected from all program elements (i. e. curbside and drop-off). In nocase shall the Net Proceeds be negative (i.e., the City shall not be charged if value of revenue from sale of all recyclable materials is less than processing fees). The per ton processing fee and formula for sharing Net Proceeds as described in Exhibit B, attached and made a part of this Agreement. 6 Withholding of Payment If the Contractor does not comply with Collection Requirements as outlined in Exhibit A, City will withhold payment and no late fee will be assessed by the Contractor. 6 Materials Disposition Contractor shall assure that all recyclables collected in the City are not landfilled or incinerated, and are distributed to appropriate markets for recycling. No recyclables will be landfilled or incinerated by the Contractor without written authorization from the City and the Minnesota Pollution Control Agency. If the Contractor determines that there is no market for a particular recyclable or that the market has become economically unfeasible, the Contractor shall promptly give written notice to the City. Said notice shall include information demonstrating the effort the Contractor has made to find market alternatives, and the financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 60 days to attempt to find a feasible market. During this period the Contractor shall continue to pick up the particular recyclable. If the Contractor or the City is not able to find a market within 60 days or develop a market plan, the City has the option to either: (A) Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Hennepin Energy Recovery Center [NERC] or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City receipts of payment. Cr (B) Notify the Contractor to cease collection of the particular recyclable until a feasible market is located, either by the Contractor or by the City. The Contractor and City would then be jointly responsible for the cost of printing and distributing educational materials explaining the market situation to residents. If the City notifies the Contractor to cease collection of a particular recyclable, the parties shall immediately meet to renegotiate the collection price for service. Page 5/31 7 Audit Disclosure The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this Agreement. All finished or unfinished documents, data, studies, surveys, drawings, maps (including all route maps), models, photographs, and reports prepared by the Contractor for the City shall become the property of the City upon tertnination of this Agreement. 8 Term of This Agreement The term of this Agreement shall be from January 1, 2012 through December 31, 2018, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for additional three-year periods as they deem appropriate, and upon the terms and conditions as herein stated. 9 Termination Except as provided below, this Agreement may be terminated by either party upon written notice to the other party outlining that party's failure to timely perform its responsibilities under the Agreement and giving said party ninety (90) days to cure said default. The City may terminate this Agreement upon five (5) days written notice to the Contractor if the Contractor fails to substantially perform the services specified in Exhibit A on at least four (4) scheduled collection days. 10 Subcontractor The Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1% %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00, For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11 Independent Contractor At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. Page 6/31 12 Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the prior written consent of the other party. 13 Services Not Specified No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 14 Industry Price Indices (Indicators) to calculate revenue Sharing The industry price indices (indicators) for selected materials are used to establish the revenue sharing for selected materials. The reported sale price may be more than the indicators. The required monthly report will list each required indicator, processing fee and net amount per ton and total dollar amount, and these amounts for the previous month. 15 Severability The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 16 Entire Agreement The entire Agreement of the parties is contained herein, This Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreements presently in effect between the parties relating to the subject matter hereof Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17 Compliance with Laws and regulations In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. IS Equal Opportunity During the performance of this contract, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Page 7/31 19 Waiver Any waiver by either party of a breach of any provisions of the executed Agreement shall not affect, in any respect, the validity of the remainder of the executed Agreement. 20 Indemnification The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, reasonable attorney's fees, which they may suffer or for which they may be held liable, to the extent of the fault of the negligence of the Contractor, its employees, or subcontractors in the performance of this Agreement. Contractor shall also pay any expenses, including reasonable attorney's fees, incurred by City in enforcing this indemnification requirement. 21 Insurance Within fourteen (14) days of the date of this Agreement, Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of two trillion dollars ($2,000,000) for any one person and in the sum of two million dollars ($2,000,000) for two or more persons for the same occurrence and for damages to property in the sum of two million dollars ($2,000,000). The certificate of insurance shall name the City as an additional insured and state that the Contractor's coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to the City before cancellation of coverage. 22 Automobile Insurance A single limit or combined limit or excess umbrella automobile liability insurance policy covering agency owned, non -owned, and hired vehicles used regularly in the provision of services under this Agreement in an amount of not less than one million dollars ($1,000,000) per accident for property damage; not less than one million dollars ($1,000,000) for death or bodily injury, and/or damage to any one person; and not less than one million dollars ($1,000,000) for total bodily injuries and/or damages arising from any one accident. 23 Performance and Payment Bond Contractor shall execute and deliver to the City a performance and payment bond with a corporate surety in the sum of one hundred thousand dollars ($100,000). This Agreement shall not become effective until such a bond in a form acceptable to the City, has been delivered to the City and approved by the City Attorney. This Agreement shall be subject to termination by the City at any time if said bond shall be canceled or the surety thereon relieved from liability for any reason, Upon renewal or extension of this Agreement, Contractor will execute and deliver to City a performance bond complying with the requirements above to cover the entire period of renewal or extension. Page 8/31 24 'timely Communications of Problems The Contractor and the City shall make every reasonable effort to use timely and direct communications (e.g. phone, e-mail and/or meetings) to address operational problems and service issues to prevent occurrences resulting in liquidated damages. It is the intention of the City to work in accord with the Contractor and customer(s) to resolve issues. 25 Liquidated Damages The City shall send a formal written letter outlining the issue and notifying the contractor of the violation. After written notice has been provided by the City, the Contractor shall be liable for liquidated damages, at the following rates, upon a determination by the City that performance has not occurred consistent with the provisions of the contract: Missed. Collection: Five hundred dollars ($500) per individual occurrence for missed collections not picked up by 5:00 p,m, the following day, when the Contractor has been notified by either the City or a resident by noon the same day of the missed collection, A missed collection is defined as a report by a resident that their material was out by 7:00 a.m. and the recyclables were properly sorted and set out. Missing Entire Blocks/Neighborhood: One thousand dollars ($1,000) per each incident of the Contractor missing an entire block. A missed block is defined as a block where residents from at least three households within two intersections of that block or cul-de- sac report that their material was out before 7:00 a.m., the material was not picked up the following day by 5:00 p.m. and the addresses did not appear on the records as unacceptable setouts. District -wide Collection Not Completed: Two thousand dollars ($2,000) per incident of failure to complete collection on the scheduled collection day when the Contractor has not received an extension of collection hours from the Recycling Coordinator, or other designated City representative, Failure to Complete a Majority (50%) of the Collection District: Three thousand dollars ($3,000) per occurrence for failure to complete a majority (50% or more) of pickups within the collection district on the scheduled collection day without following proper notification procedure. Exceptions: For the purposes of this Agreement, the Contractor shall not be deemed to be liable for damages where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, including but not limited to, civil disorder, acts of God, or severe weather (as defined in this Agreement, Exhibit A, Section 6.6), changes in applicable statutes, regulations, and ordinances, and significant road construction; provided, however, that the Contractor shall use commercially best efforts to obtain approval for the delay from the designated City staff person prior to 4:00 p.m. of the scheduled collection day. When the City and the Contractor have upon mutual agreement determined that the Contractor may safely return to the City, the Contractor shall have five (5) days (excluding Saturdays, Sundays, and holidays) to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any residential dwelling unit not serviced. In the event that the City has approved a delay beyond the five (5) days the Contractor will not be assessed penalties as specified above. Page 9/31 26 Workers' Compensation Insurance The Contractor shall provide workers compensation insurance covering all employees of the contractor engaged in the performance of the contract, in accordance with the Minnesota Workers' Compensation Law. 27 Conflict of Interest Contractor agrees that no elected official, officer, employee or other representative of the City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void and Contractor will forfeit any payments to be made under this Agreement. 28 Data Practices/Records All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 29 Governing Law This Agreement shall be controlled by the laws of the State of Minnesota. 30 Severability If any provision, term or condition of this Agreement is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties' entire contract. 31 Amendments The provisions of this Agreement shall remain in force and effect without change. Amendments may be mutually negotiated by both parties but shall not go into effect until reduced to writing and executed by the authorized representatives of the City and the Contractor. If the City's residential curbside recycling program is substantially changed or altered due to Hennepin County Resolution No. 11-0306R2 or if the County significantly alters their Residential Recycling Funding Policy, the City and the Contractor shall re -negotiate in good faith the affected provisions of this Agreement. Page 10/31 32 Signatures Executed as of the day and year first written above, CITY OF PLYMOUTH (Signature) By Kelli Slavik Its Mayor R (Sign re) By. Laurie Ahrens Its City Manager Page 11/31 EXHIBIT A: RECYCLING COLLECTION, PROCESSING AND MARKETING SPECIFICATIONS 1. Introduction These specifications define the requirements of the COMPREHENSIVE RECYCLING COLLECTION PROGRAM for the City of Plymouth. 2. Definitions Certified Dwelling Unit (CDU): Means a single family home and each residential unit in a building up to an eight -plea, or townhouse complex. Residential units in structures (other than townhouses) containing more than eight dwelling units may be designated as CDU's upon mutual agreement by the City and the Contractor. City Designated Curbside Recycling Collection Stop: A city designated commercial business or institution that is eligible for participation in the curbside collection program. Eligibility criteria may include but is not limited to: volume of recyclable materials similar to a household and/or proximity to a residential area. Collection District: Means a specific geographic area of the city established for the purpose of having curbside recycling collection for all CDU's and other Cit 'designated recycling collection stops in the district on the same day. Collection Hours: The time period during which collection of recyclable material is authorized in the city. Collection Route: Means a contiguous geographic area within a collection district determined by the Contractor that will be serviced by one collection vehicle and which may be used to measure collection progress. These routes and changes to the routes must be approved by the City. Collection Vehicle: Any vehicle licensed and inspected by the City and the Minnesota Department of Transportation for collection of recyclables within the corporate boundaries of the city. Contractor: Person or persons authorized by the City to perform recycling collection services on prescribed routes within collection districts in the city. Commercial Institutional C/I Customer: Owners of commercial businesses or institutions that are eligible for and voluntarily subscribe to the City's new CI recycling service. Commercial Institutional C/I Sector: For the purposes of this Agreement and subsequent services, the City is not targeting businesses within the I-2 General Industrial or 1-3 Heavy Industrial sectors (as defined by the Plymouth Zoning Ordinance) for participation in this program. Curbside: Means at or near the edge of the public or private street from which the CDU gains its access, or such other location as may be specified by the City. Page 12/31 Education Tag: Means an information tag notifying residents about unacceptable materials set out for collection. The tag will also contain information regarding preparation requirements. The tag must be left at the residence (in the recycling container) if any portion of the recycling set out is not taken, Holidays: Shall include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. Index Price for Purposes of Revenue Sharing: The published index price is specified in the RFP for purposes of calculating revenue sharing. The published index price shall serve as the basis from which the processing fee is deducted for calculating the Contractor's amount of net revenue sharing for each commodity. Materials Recycling Facility (MRF): The facility (or series of facilities) used for transfer, sorting, materials preparation and other processing steps to ready the recyclable commodities for marketing after collection. This does not include the end market facilities (e.g., mills) that manufacture new products from the recyclable commodities. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. Missed Collection: Is defined as the failure of the Contractor to provide recyclable materials collection service to a CDU within the recycling district during collection hours or other City designated collection stop on the scheduled day of collection. Multi -Family (MI) Customers: Apartment and other larger building owners I management of facilities which contain approximately nine (9) or more dwelling units per structure (or are otherwise eligible for the City's new MF recycling service) and voluntarily subscribe to the new (111F) recycling service. Net Proceeds: The revenue received from the sale of all recyclable materials minus the agreed upon processing fees which are labor and equipment charges made by the Contractor handling the processing for sale of recyclables as set forth in Exhibit B. Process Residuals: The material from the MRF that can not be recycled, recovered, reused and must be disposed. Process residuals may include prohibited materials not acceptable in the City's curbside program and process loss derived from residual materials no longer marketable. Program Element: There are four program elements within the City's comprehensive recycling system: (1) curbside, (2) drop-off, (3) multi -family, and (4) commercial / institutional. Recyclable Materials or Recyclables: Boxboard packaging: except for boxes that are made for storage in refrigerator or freezer, A Corrugated cardboard: unless contaminated with food, wax -coated or plastic coated. �• Glass containers: all glass food and beverage containers. Metal containers: aluminum, steel, bimetal food and beverage containers, foil and foil trays. Page 13/31 Mixed paper: direct mail, envelopes, school and office paper, receipts and bills, hard and soft-covered books, paper bags, notebooks, magazines, catalogs and phone books, and shredded paper. Ve Newspaper: including all paper inserts. Other Recyclable Materials may also include other materials as mutually agreed upon by the City and Contractor. Recyclable materials also includes any and all solid waste items designated by the Hennepin County Environmental Services Department to be part of an authorized recycling program and which are intended for transportation, processing, and remanufacturing or reuse. Plastic: plastic containers No. 1 to No. 7 and plastic film, except those containing hazardous waste. o Wet strength beverage packaging. Recycling Carts: Wheeled, lidded recycling carts. Recycling Collection: Means collecting all recyclable materials accumulated in and around recycling containers at Certified Dwelling Units (CDU's) and other City designated curbside collection stops. Recycling Containers: Means uniform, designated recycling receptacles supplied by the Contractor, in which recyclable materials can be stored and, once emptied, later replaced for the next use as specified by the City. Recycling Materials Revenue Report: A monthly report supplied by Contractor with the monthly invoice for recycling services which outlines the revenue or credit to the City for sale of recyclables in a formula and format agreed upon by Contractor and City. Unacceptable Recyclable Materials: Means recyclable materials which a resident has not prepared and/or located in compliance with the City specified standards and/or not defined by this Agreement and/or amendments, Scheduled Collection Day: Means the day or days of the week on which recycling collection by the Contractor is to occur, as specified in the Agreement with the City. If a holiday falls on or before a scheduled collection day in a particular week, recycling collection will be made on the day following the scheduled collection day. If the holiday falls on Friday, collection will be made on Saturday. If the holiday falls on a Saturday or Sunday, collection will continue as scheduled the following week. Holidays are defined in Exhibit A, Section 2. Single Family Residential Homes: The type of households served by the curbside program. Actual number of household units per structure may include up to eight-plex buildings, but in general includes one to four-plex. Walk-up Service: Garage-side collection of recyclables at designated CDU's upon request from the City for residents who are unable to deliver their recyclables to the curb. Page 14/31 3. Recyclable Material Preparation Contractor shall collect recyclables that have been prepared by the residents as directed by the City. Sorting and preparation standards for materials will be "single sort" during the life of the agreem en t. 4. Ownership of Materials All recyclable materials shall remain the responsibility of the resident, property owner, tenant or business establishment until handled by the Contractor at which point it becomes the responsibility and ownership of the Contractor. Title to and liability for Unacceptable Recyclable Materials shall at no time pass to the Contractor and shall remain with the generator of such waste. 5, Revenue Sharing The Contractor shall provide the same level of revenue sharing for the residential curbside and Drop -Off Center recycling programs. However, tonnages and revenue sharing shall be itemized separately per program on the monthly invoices. 6. Residential Curbside Recycling (Program Collection Requirements 6.1 f=requency of Collection, Collection Districts, and Collection Days of the Week Recycling Collection shall occur every other week for every residential CDU in the City. The City of Plymouth is divided into three (3) collection districts with collection on three (3) different days each week. Days of collection will be Wednesday, Thursday and Friday of each week. The Contractor shall not change the collection day for any curbside stop without the prior approval of the City. The Contractor will notify the City of any route changes and provide the City with revised route or collection maps if requested by the City. 6.2 Collection Fours Collection shall commence no earlier than 7:00 a.m., but no later than 9:00 a.m. Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. of the scheduled collection day. Residents will be requested to have recyclable materials placed at curbside by 7:00 a.m. on the scheduled collection day. 6.3 Non -Completion of Collection and Extension of Collection Hours If the Contractor determines that the collection of recyclables will not be completed by 5:00 p.m. on the scheduled collection day, it shall notify the designated City staff person by 4:00 p.m. and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non -completion, and the expected time of completion. If the Page 15/31 designated City staff person cannot be reached, the Contractor shall follow the agreed-upon method of communication to inform the City of the delay in collection. 6.4 Missed Collections Contractor shall have a duty to pick up any missed collections. Contractor agrees to pick up all missed collections on the same day Contractor receives notice of a missed collection, provided notice is received by Contractor before 12:00 p.m. on a business day. With respect to all notices of a missed collection received after 12:00 p.m. on a business day, Contractor agrees to pick up that missed collection before 12:00 p.m. on the immediately following business day. 6.5 Holidays If a holiday falls on or before a scheduled collection day in a particular week recycling collection will be made on the day following the scheduled collection day. If the holiday falls on Friday, collection will be made on Saturday. If the holiday falls on a Sunday, collection will continue as scheduled the following day and week. Scheduled collections and holidays are defined in Exhibit A, Section 2. 6.6 Severe Weather Recycling collection may be postponed due to severe weather in consultation between the Contractor and the City. Postponement will be to a day agreed upon by the Contractor and City. Recycling collection may be postponed if the City temperature at 6:00 a.m. is minus 20 degrees Fahrenheit or colder. 6.7 (Point of Collection All residential recycling curbside collection will occur at the curbside, as defined herein with the exception of designated walk-up service stops. Recycling carts shall be placed by the residents at curbside on collection day, with the handle toward the house and the lid opening toward street. The Contractor shall collect from each participating household, all acceptable materials that have been prepared according to publicized procedures. The driver is required to place the emptied cart back down in the same curbside location as set by the resident. In no case is the cart to be left in the street or in the middle of the private driveway (even if the resident originally placed it there). Drivers are required to record and report to Contractor dispatch the location of any recycling container that is damaged and that container shall be repaired or replaced by the Contractor or designated subcontractor within one (1) week of the report of damage. 6.8 Walkup Service Contractor shall provide walk-up service to City designated CDU's upon request of the City at no extra charge. The City will endeavor to ensure that the service is provided only for those residents determined to be in genuine need by the City. In the event walk-up service collection exceeds 0.5% of the total number of CDU's, City and Contractor may negotiate financial compensation for the service. Page 16/31 6.9 Compliance with Driving and Hauling Laws Collection and transportation of all recyclable materials shall be accomplished in accordance with all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies. 6.10 Weighing of Loads and Reporting Requirements The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. The scale to be used by the Contractor will be certified and approved by the City. Copies of all weight tickets shall be included with the monthly invoice to the City. Contractor wiU prove e t e City annually with up -to- ate route maps, rn icatrng the starting collection point for each route. Contractor will inform the City of route changes at least two weeks before any changes are made and all other route activities that may affect the regular recycling collection schedule. The contractor shall use all means necessary to limit contamination to at or under 15%. 6.11 Procedure for Unacceptable Materials If the Contractor determines that materials set out are unacceptable, the driver shall use the following procedure. The driver shall leave all the unacceptable recyclable materials and leave an education tag. The tag is provided by the Contractor and approved by the City in the recycling container indicating unacceptable materials and/or the proper method of preparation. The driver shall record the address on forms provided by the Contractor. The Contractor shall report the addresses by the end of month to the City staff in an electronic format mutually agreed upon by the Contractor and City. The City staff will undertake efforts to educate the resident. 6.12 Public Education and Promotion Contractor wil 1 participate in educating City residents on recycling and will seek to promote recycling in a manner mutually agreed upon by the City and the Contractor. The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City -specified resident preparation instructions. At a minimum, this shall include distribution of resident education tags to be left by curbside collection crews if any unacceptable material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month prior to printing and distributing any such literature. If the Contractor chooses to distribute its own public education information, the City contact person must first approve the educational materials. The Contractor is encouraged to work with the City in developing innovative financial incentives that will help residents, multi -family owners and managers, businesses and institutions increase their recyclables and decrease their mixed solid waste. The Contractor will provide recycling instruction labels for single stream containers. This label shall include concise material sorting instructions for residents. The label shall be attached to the Page 17/31 lid of the recycling cart, so it can be easily identified by the resident/customer and the Contractor's drivers as the container for recyclable materials collection. The Contractor will provide education in alternate formats (electronic, online, video, in-person, events, tours), provide education to schools serving Plymouth and address other realms of solid waste management and recycling, such as, but not limited to waste reduction and product stewardship. 6.13 Clean-up Responsibility Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. Any unacceptable materials left behind should be secured within resident's recycling container, if provided. Driver shall take all precautions possible to prevent littering of unacceptable recyclables, and shall be responsible for litter created by collection. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 6.14 Customer Service and Records Contractor shall provide customer service and an office equipped with phone and email access to receive missed collection complaints. Calls and e-mails shall be by handled by Contractor staff between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, except holidays. The telephone number shall be printed in large print on the collection vehicles. The Contractor shall have a 24- hour answering service or voice mail system. The Contractor shall respond to calls or e-mails by the end of the next business day. Contractor shall keep a log of all calls including the subject matter, the date and the time received, and the Contractor's response and the date and time of response. 6.15 Pilot Project Test Areas The City, upon consultation with the Contractor, may request limited scope pilot tests in both the residential and commercial/institutional sectors of the City. The amount of stops included in a test will be determined by the scope of the project and mutually agreed upon between the City and Contractor. The test area will not place any significant, undue hardship on the operations of the contractor and shall be reasonable and acceptable in size/effort. Fair compensation, if needed, will be determined during these discussions. No compensation shall be provided because of fewer materials during the test period. 6.16 Vehicle Licensing and Inspection Requirements 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. Vehicles shall be used that are in proper working condition and that prevent loss in transit of liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as possible. The Contractor shall obtain all pertinent licenses and registrations from the City, County and State and have DOT record books. Page 18/31 6.17 Collection Vehicle Equipment Requirements Each collection vehicle shall be equipped with the following: • A two way radio or mobile phone. • A first aid kit. • An approved 2AIOBC dry chemical fire extinguisher. • Warning flashers. • Warning alarms to indicate movement in reverse. • Signs on the rear of the vehicle which state "This vehicle makes frequent stops." • A broom and a shovel for cleaning up spills and a spill kit. • All of the required equipment must be in proper working order. • All vehicles must be maintained in proper working order and sound appearance and be as clean and free from rust and odors as possible. • All vehicles must be clearly identified on both sides with the Contractor's name and local telephone number. • Large, distinguishable, appropriate signage identifying vehicle as a recycling collection vehicle. 6.18 Personnel Requirements The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the City. The Route Supervisor will be available to address customer complaints by cell phone or voice mail at minimum eight (8) hours per day on collection days and four (4) hours per day on non -collection weekdays. The Contractor's personnel shall: • Conduct themselves at all times in a courteous manner with the general public. • Make'a concerted effort to have at all times a presentable appearance and attitude. • Perform their work in a neat and a quiet manner and clean up all recyclable materials spilled in collection and hauling operations. Avoid damage to containers and other property. Not perforin their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances • Abide by all applicable local, state and federal laws while performing the work, 6.19 City Pavement Management Program The Contractor will be responsible for coordinating and providing service for individual CDU's or streets temporarily inaccessible during the City's annual street program. The City will provide to the Contractor weekly updates or construction progress reports upon request. Page 19/31 7. Drop -Off Recycling Site 7.1 Drop -Off Site Operations The Contractor will service the recycli iN drop-off site operated by the City at Plymouth's Public Works Maintenance Facility, 14900 23 Avenue North, Plymouth. This is an unattended facility open to residents and businesses. The City will give the Contractor card access to the site. The gate to the site is currently open from 5:00 a.m. to 9;00 p.m. daily. 7.2 Drop -Off Site Materials Recyclable material collected at the drop-off site shall be the same materials as collected in the residential curbside recycling program [see Exhibit A Section 2, Definitions]. Other materials may be designated by the City if acceptable to the Contractor. 7.3 Storage Containers: Capacity and Service f=requency Contractor will provide storage containers of a size, shape and design acceptable to the City (e.g., roll -off boxes, tanks, compartments and/or carts), and sufficient emptying of the containers to assure that all recyclables deposited at the site can be placed within the storage containers without overflowing. Contractor shall be responsible for cleaning up anyrecyclable material left at the drop-off site when a container is full. Containers must be kept clean and flee from odors and must be maintained in good condition at all times. 7.4 City Approval of Container Type and Labeling Storage containers for the drop-off center shall be approved by the City before being installed by the Contractor. Containers will be clearly marked with labels on the outside as to the list of recyclables to be placed inside them. City will approve content and design of labels. Contractor will replace and update signs on drop-off center containers. Storage containers will be in good condition (working covers, fresh paint and signage). 7.5 Weighing of Loads and Reporting Requirements Contractor will keep accurate records and weights of all recycling materials collected. All loads will be weighed and the information recorded on an approved weight/scale ticket along with the date, time, driver's name, vehicle number, tare, gross, and net weights, and the words "drop-off center". A copy of all weight tickets shall be kept on file by the Contractor for two (2) years and copies of all weight tickets will be attached to the monthly reports. The Contractor will submit a. monthly report of the total tons collected by material, the percentage of the total that each material type represents, and the markets used for the sale of the recyclable materials. These reporting requirements are required for the City's semi-annual and annual Recycling Reports to Hennepin County. 7.6 Management of Contamination If contamination of drop-off recyclables exceeds 15% of the total drop-off tonnage, both parties mutually agree to negotiate a revised plan for operation of the drop-off center that may include new container locations, elimination of containers, better signage and/or disposal charge backs. Page 20/31 8. Multi -Family Recycling As a goal, the City's intent is to provide a cost-effective, subscription alternative through this Agreement that clearly and visibly demonstrates a new quality standard for Multi -Family (MF) recycling service and allows MF building owners a cost-effective alternative to maintain and grow their recycling services for their tenants. 8.1 MF Recycling Service Standards It is anticipated that the Contractor will need to adjust these minimum service standards to the specific needs of each MF customer (e.g., number of recycling stations per building complex; number of recycling dumpsters or carts per station; collection frequency; etc.). However, unless the Contractor specifically itemizes a proposed exception to these minimum service standards, these shall be assumed as the minimum level of service. The City retains the right to change these minimum service standards with adequate notice. Also, the City retains the right to change the mirvmurn service levels for a specific MF building. The City will provide adequate notice of any such change and understands the future Contractor will need to approve such changes and notify the City of any cost implications. 8.1.1 Recyclable Materials The Contractor shall collect the same list of recyclable materials that are collected for the residential curbside recycling program. For a current definition of recyclable materials, see Exhibit A, Section 2, .Definitions. Additional recyclable materials may be added to the program as designated by the City. 8.1.2 MF Recycling Carts and/or Dumpsters The Contractor shall provide MF recycling carts or dumpsters dedicated to specified recyclable materials. 8.1.3 Minimum Collection Frequency The Contractor shall provide for no less than once every two weeks collection of MF recyclables. More frequent collection (e, g., weekly) is encouraged and may be required for larger buildings with higher recyclables volumes (especially if there is limited space for recycling dumpsters and carts). 8.1.4 Procedure for Unacceptable Materials Contaminated carts of material will not be collected and a tag will be left indicating the reason the material is unacceptable. The Contractor shall also notify the City by phone the material was left and the reason that the material was unacceptable. It will be the responsibility of the City's contact person to obtain cooperation from the building owner/manager in removal of trash and separation of acceptable materials. The Contractor will then be called to return to the site of contamination and collect properly sorted containers. The Contractor shall, when applicable, work with the building's designated contact person to resolve contamination issues. If the Contractor determines that there is unavoidable and unacceptable level of contamination in recycling containers or vandalism to containers at a multifamily building, the Contractor shall Page 21/31 notify the City of its determination. After notifying the City of its determination, the Contractor may suspend service to a multifamily building. The Contractor shall arrange a meeting with the City and the designated contact person for the multifamily building to determined the length of the suspension and the terms under which service may b reinstated to the multifamily building. 8.1.5 Adequate Public Education Contractor shall submit a detailed description of its proposed MF recycling public education program. At a minimum, the City shall require the following MF recycling public education tools be used by the Contractor: • Clear, standardized labels for recycling dumpsters and carts (e.g., "Paper Only" and "Metal Cans, Glass Bottles, Plastic Bottles") • Clear, standardized labels for trash dumpsters and carts (if the MF building uses the same hauler for trash) • Annual flyer and/or brochure • And other tools as mutually determined by the parties. 8.2 MF Recycling Data All municipal MF recycling data is government data. The Contractor shall keep and report to the City adequate records of at least the following data: • Building street address. zip code • Building name. • Owner contact data (e.g., name, phone, e-mail). • Manager contact data. • Number of units. • Number of MF recycling stations. • Number of recycling dumpsters and/or carts per station. • Frequency of collection by dumpster and cants. • Drivers' notes on recyclables performance: (number of carts / dumpsters pulled, percent full, contamination, other notes on compliance with program rules / instructions, etc.) 8.3 Monthly and Annual Reports The Contractor shall provide written or electronic monthly and annual reports on the MF recycling program. At a minimum, these reports shall include: • Number of new MF buildings added during the month and new total in the program, • . Average number of recycling carts and dumpsters per building, • Tons by commodity, including all weight slips, • Collection haul costs, Page 22/31 a Revenue share after processing, a Net cost per MF housing unit, c Net cost per ton, • Any significant challenges and opportunities for expansion, a Recommendations for City actions (e.g., additional support for promotions and education), a Other as requested by the City. The annual reports shall include: o Summary narrative of the overall MF program growth, a Summary challenges encountered during the past year, a Opportunities for continuous improvement and expansion, and o Recommended priorities for the next year 9. Commercial / Institutional Recycling As a goal, the City's intent is to provide a cost-effective, centralized municipal agreement subscription alternative that clearly and visibly demonstrates a new quality standard for Commercial / Institutional (Cl) recycling service and allows CI building owners a cost-effective alternative to maintain and grow recycling services for themselves and their tenants. 9.1 Cl Recycling Service Standards The City offers the following minimum service standards for the new, municipal CI recycling program. It is anticipated that the Contractor will need to adjust these minimum service standards to the specific needs of each CI customer (e.g., number of recycling stations per building; number of recycling dumpsters or carts per station; collection frequency; etc.). However, unless the Contractor specifically itemizes a proposed exception to these minimum service standards, these shall be assumed as the minimum level of service. The City retains the right to change these minimum service standards with adequate notice. Also, the City retains the right to change the minimum service levels for a specific CI establishment. The City will provide adequate notice of any such change and understands the future Contractor will need to approve such changes and notify the City of any cost implications 9,1.1 Recyclable Materials The Contractor shall collect the same list of recyclable materials that is collected for the residential curbside recycling program. For a current definition of recyclable materials, see Exhibit A, Section 2, Definitions. Additional recyclable materials may be added to the program as directed by the City. Page 23/31 9.1.2 Minimum of Bi -Weekly Collection Frequency The Contractor shall provide for no less than bi-weekly collection of CI recyclables. More frequent collection is encouraged and may be required for larger establishments with higher recyclabi es volumes (especially if there is limited space for recycling dumpsters and carts). 9.1.3 No Less than Two Stream Sorts The Contractor shall provide for no fewer than two stream collection and processing of CI recyclables. Additional sorts (e.g., glass, plastics, cans, corrugated cardboard separated from other paper) may be required for larger establishments with higher recyclables volumes or with different recyclables composition. 9.1.4 Adequate Public Education The Contractor shall submit a detailed description of its proposed CI recycling public education program. At a minimum, the City shall require the following Cl recycling public education tools be used by the future Contractor: • Clear, standardized labels for recycling dumpsters and carts (e,g., "Paper Only" and "Metal Cans, Glass Bottles, Plastic Bottles") • Clear, standardized labels for trash dumpsters and carts (if the CI establishment uses the same hauler for trash) • Annual flyer and/or brochure • Other tools as mutually determined by the parties. 9.2 Cl Recycling data All municipal Cl recycling data is government data. The Contractor shall keep adequate records of at least the following data: • Cl Establishment street address, zip code. • Establishment name. • Establishment web page. • Owner contact data (e.g., name, phone, e-mail). • Manager contact data. • Number of CI recycling stations per establishment. • Number of recycling dumpsters and/or carts per station. • Frequency of collection by dumpster and carts. • Drivers' notes on recyclables performance: (number of carts / dumpsters pulled, percent full, contamination, other notes on compliance with program rules / instructions, etc.) Page 24/31 = 9.3 Monthly and Annual Reports The Contractor shall provide written or electronic monthly and annual reports on the Cl recycling program. At a minimum, these reports shall include: • Number of new Cl establishments added during the month and new total in the program, • Average number of recycling carts and dumpsters per building, • Tons by commodity • Cumulative monthly collection prices, • Revenue share after processing, • Net price per CI establishment, • Net price per ton, • Any significant challenges and opportunities for expansion, • Recommendations for City actions (e.g., additional support for promotions and education), • Other as the City requests. The annual reports shall include: • Summary narrative of the overall Cl program growth, • Summary challenges encountered during the past year, • Opportunities for continuous improvement and expansion, and • Recommended priorities for the next year 14. Recyclables Composition 10.1 Determining Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City's recyclable materials each calendar year of this Agreement and during any and every extension of this Agreement to estimate the relative amount by weight of each recyclable commodity from each program element by grade or offer a suitable alternative to a composition analysis. The results of this analysis shall include: (l) percent by weight of each recyclable commodity by grade (including materials deemed unacceptable) as collected from the City program element; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of each analysis. City staff will help coordinate the sampling and shall be invited by the Contractor to be present for the sorting. Page 25/31 10.1.1 Estimating Process Residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclable materials. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. 10.2 End Market Certification Upon request by the City, the Contractor shall provide written certification to the City that all recyclable commodities identified will continuously be recycled and not disposed. Upon request, the Contractor shall provide the City with adequate documentation of end markets for each recyclable commodity. 10.3 Materials Processing and Marketing 10.3.1 Processing Facilities Must Be Specified It is intended that all recyclable materials collected by the Contractor will go to recycling markets to be manufactured into recycled content products. Adequate recyclable material processing capacity must be provided for material collected. The Contractor specifies the location(s) of its recyclable materials processing facility (or subcontractor's facility) where material collected fiom the City will be delivered and/or processed as location to be determined). The Contractor shall provide written notice to the City at least sixty (60) days in advance of any substantial change in these or subsequent plans for receiving and processing recyclable materials collected from the City. Upon collection, the Contractor shall deliver the designated recyclable materials to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. Minnesota Statutes (M.S. 115A.95) prohibits the unapproved disposal of separated recyclable materials. Contractor shall assure that all recyclable materials collected in the City are not landfilled, composted or incinerated except for process residuals. The Contractor shall dispose of no more than seven percent (7%) of material (by weight) as process residuals as part of recyclable materials processing operations. 10.3.2 Lack of Adequate Market Demand In the event that the market for a particular recyclable material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular material, the Contractor shall give written notice to the City. The notice shall include information demonstrating the effort the Contractor has made to find market sources, and the financial information justifying the conclusion that the market is economically unfeasible. Adequate documentation shall be required before the City will consider changes to the municipal recycling program. At such conclusion, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. Until such date that writing amendment is fully executed, the Contractor shall continue to collect the item and, if necessary, arrange for adequate stockpiling. Page 26/31 Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in the said written agreement to cease collection of the recyclable material in question. Contractor shall at all times be under a duty to minimize recyclable materials ending up in landfill or incineration. If such disposal becomes necessary, Contractor shall dispose of the materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 10.4 Performance Monitoring The City will monitor the performance of the Contractor against requirements specified within this Agreement. Substandard performance as determined by the City will constitute non- compliance. If action to correct such substandard performance is not taken by the Contractor within sixty (60) days after being notified by a City, the City may initiate the contract termination procedures. 10.5 Reports and Meetings City may withhold payment for recycling services or declare this Agreement to be breached unless and/or until Contractor supplies as required the information outlined in this section. .10.5.1 Customer Service Reports Contractor will provide the City with monthly electronic reports, in Word, Excel or Access format, on issues, complaints, including, but not limited to calls reporting missed collections and improper set -outs as stipulated within this Agreement. Detail shall include dates occurred, initiated and resolved, address, issue, resolution, and other details as available. 10.5.2 Monthly Reports Contractor shall provide the invoice The Contractor shall submit a written monthly report to accompany the monthly invoice packet. Invoices may not be processed for payment until the monthly report is complete and accepted by the City. The monthly report shall summarize tonnage by commodity and by type of collection (curbside, drop-off, and Mp). The monthly report shall summarize complaints from the report as described in Section 10.5.1 and provide an explanation of any changes in procedures to address complaints. The monthly report shall describe any significant changes in end markets and alert the City in writing to any pending conditions that may affect the City's recycling programs. 10.5.3 Annual Reports The Contractor shall submit a written annual report by February first (1) of each year. The annual report shall summarize tonnage by commodity by program element for the previous calendar year. The annual report shall describe any"signifiicant changes in end markets and alert the City in writing to any pending conditions that may affect the City's recycling programs. 10.5.4 Annual Meeting Upon receipt of the Contractor's annual report, the City shall schedule an annual meeting with the Contractor. Page 27/31 ® The objectives of this annual meeting will include (but not be limited to): ® Review Contractor's annual report, including trends in recovery rate and participation. ® Efforts the Contractor has made to expand recyclable markets. 0 Summary of market trends in prices, technology advancements, specifications, and implications for all recycling programs covered in this Agreement. Review Contractor's performance based on feedback from residents and other customers to City staff. Review Contractor's recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities for expansion. e Review staff recommendations for improving Contractor's service. E • Discuss other opportunities for improvement with the remaining years under the current Agreement, 10.5.5 Other Meetings The City may call additional meetings as needed to coordinate planning, development and implementation of new or changing program elements. The Contractor may request meetings as needed to help provide for more. expeditiously resolution of program implementation issues. Page 28/31 EXHIBIT B: COMPENSATION 1. Compensation for Residential Curbside Recycling Collection Service 1.1 Curbside COU Counts For the purpose of these specifications the City has identified 22,809 Curbside Certified Dwelling Units (CDU's) as of 2011. 1.1.1 Annual Adjustment to CDU Count The number of curbside recycling households (CDU's) for which service is provided will be adjusted on January 1 and July 1 of each year of the Agreement. 1.2 Collection Service Price The curbside collection service price per month per CDU shall be as follows: 2012 $2.52 2013 $2.57 2014 $2.62 2015 $2.67 2016 $2.73 2017 $2.78 2018 $2.84 2. Compensation for Drop -Off Collection Service The Drop-off collection service price per month shall be as follows: 2012 $2,990.00 2013 $3,049.00 2014 $3,109.00 2015 $3,171.00 2016 $3,234.00 2017 $3,298.00 2018 $3,363.00 3. Recycling Collection at City Designated Sites The Contractor will provide weekly recycling collection at City facilities and other designated stops at no additional cost. The Contractor shall collect the same list of recyclable materials collected from residents. City facilities and other designated stops currently included in the collection contract include: Page 29/31 City Hall (1) a Three (3) fire stations In addition, the City is very interested in having a successful recycling program in its City parks. The City will work with the Contractor to develop a successful recycling program in the parks. The services required, monthly rates, number of containers, etc. will be determined during future discussions between the City and the Contractor. Recycling services in the parks, provided by the Contractor, will be fairly compensated. Eight parks are being considered for the recycling program; Parkers Lake Beach, Parkers Lake Playfield, Greenwood Elementary Park, Elm Creek Playfield, Hilde Amphitheater, Medicine Lake East Beach, Medicine Lake West Beach, and Zachary Lane Playfield, 4. Multi -Family Recycling Service Price The Contractor will provide multi -family recycling collection on a subscription basis_ 5. Commercial / Institutional Recycling Service Price The Contractor will provide commercial / institutional recycling collection on a subscription basis. 6. Revenue Share Formula and Processing Fee 6.1 Basic Revenue Sharing Formula The basic revenue sharing formula shall be: • "Gross" material value (based on index prices below) • Less processing fee Equals net revenue Times the percent City share of net revenue The revenue share shall be 100% to the City. 6.2 Processing Fee The processing fee per ton shall be as follows: 2012 $79.00 2013 $80.58 2014 $82.19 2015 $83.84 2016 $85,51 2017 $87.22 2018 $88.97 Page 30/31 7. Published Industry Market Indices Product Mix Market Indicator Mixed Glass Reviewed Annually HDPE Natural Waste News 1st Issue High HDPE Pigmented Waste News 1st Issue -High PET Waste News 1st Issue High Residual Garbage Hennepin County Rate Tin Avg. Monthly Sales Price Aluminum AMM Pricing OCC OMB #11 High Mixed Paper OBM #2 High ONP OBM #8 High Page 31/31