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.
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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
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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.
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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.
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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.
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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
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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,
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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.
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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.)
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= 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.
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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.
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® 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.
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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:
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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
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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
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