HomeMy WebLinkAboutEnvironmental Quality Committee Packet 04-11-2018ENVIRONMENTAL QUALITY COMMITTEE
AGENDA
April 11, 2018
WHERE: MEDICINE LAKE ROOM
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 nonnal 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 March 14, 2018 EQC Meeting Minutes (Asche)
5. 7:30 P.M. GENERAL BUSINESS
A. Bass and Pomerleau in -lake water quality treatment
B. Draft Recycling Contract
6. REPORTS AND STAFF RECOMMENDATIONS
7. FUTURE MEETINGS: May R, 2018
• Storm Water Pollution Prevention_ Plan Public Meeting
• Solid Waste Annual Report
8. 8:00 P.M. ADJOURNMENT
DRAFT Minutes
Environmental Quality Committee (EQC)
March 14, 2018
MEMBERS PRESENT: Chair Paul Senne, Committee Members Marky Williamson, Andy
Polzin, Kathy Osborne, Clay Hoes, and Clark Gregor
MEMBERS ABSENT: Marita Prokop
STAFF PRESENT: Water Resources Manager Derek Asche
1. Call to Order - 7:06 P.M.
2. Public Forum
3. Approval of Agenda
Water Resources Manager Asche requested two additions to the Agenda. He requests to add
Organics as Item B under General Business, and Goose Management as Item A under Reports and
Staff Recommendations. Motion by Committee Member Osborne, seconded by Committee
Member Polzin recornmending approval. of the March 14 2018 Environmental Qualit
Committee meeting agenda as amended. With all members voting in favor, the motion carried.
4. Consent Ay
enda
A. Approve February 14, 2018 EQC Meeting Minutes
Committee Member Osborne questioned when the committee would be reviewing the proposed
amended Recycling Contract and if there possibly would be a Request for Proposal (RFP). Water
Resources Manager Asche explained that he had not received the numbers from Republic Services
to add to the amended contract and the EQC would see the amended contract in April. If there was
to be an RFP process it would take place in early May and go to the City Council for approval in
July or August. Motion by Committee Member Polzin, seconded by Committee Member Osborne
recommending approval of the Consent Agenda, With all members voting in favor, the motion
carried.
5. General Business
A. Surface Water Management Plan Update
The Surface Water Management Plan, a ten year plan, is scheduled to be updated and approved by
the City Council in 2018. The goal of the plan is to make it more user-friendly for residents. It
will be a large document and Asche suggested to the EQC, if desired, he can divide it into seven
different categories with each member reviewing one, or coimnittee members can choose to review
areas that are of interest to them.
B. Organics
Hennepin County sent a letter to the City Mayor in regards to Ordinance 13 (Recycling) and their
new policy plan is promoting Organics collection. The county is proposing that cities must either
contract for a curbside organics program, or to require trash haulers provide organics service upon
customer request. Currently the City does not require haulers to provide organics collection in
Environmental Quality Committee Minutes
Marc 14, 2018
Page 2
order to be licensed. The Mayor would like to have a work session on Organics on May 22. Water
Resources Manager Asche asked the committee if there was interest in attending the work session,
and the coimnittee collectively volunteered to attend. Asche will inquire if the whole group should
attend the work session or if just a few representatives from the committee is desired.
6. Reports and Staff Recommendations
A. Goose Management
The City Council was made aware of a goose management issue at a recent council meeting,
specifically a concern of feeding the geese. The Council has requested the EQC to further explore
goose management. The topic will be added to the EQC 2018 work plan.
7. Future Meetings -April 11, 2018
• Storm Water Pollution Prevention Program
• Solid Waste Annual Report
• Recycling Contract
8. Adjournment
Environmental Quality Committee adjourned at 7:58 p.m.
Agenda Number
CITY OF PLYMOUTH
ENVIRONMENTAL QUALITY COMMITTEE
AGENDA REPORT
DATE: April 6, 2018 for the EQC Meeting of April 11, 2018
TO: Environmental Quality Committee (EQC)
FROM: Derek Asche, Water Resources Manager
SUBJECT: Possible Bass Lake and Pomerleau Internal Phosphorus Load Management
ACTION REQUESTED: To review and provide comments to staff on the draft amended Agreement for
Comprehensive Municipal Recycling Services.
BACKGROUND: Bass, Schmidt and Pomerleau Lakes are all part of a three lake chain within the City of
Plymouth that were listed in 2002 as Impaired Waters for excess nutrients by the Minnesota Pollution
Control Agency (MPCA). In 2009, the Shingle Creek Watershed Management Organization engineer
completed a TMDL and Implementation Plan for these lakes to assess nutrient loading concerns and
provide strategies to reduce excess nutrient loading. Since the TMDL was published, Schmidt Lake,
which drains to Bass Lake, has been delisted because of improved water quality resulting from a number
of actions taken by the City, residents and lake association.
In 2017, the Watershed Management Commission completed a TMDL Five Year Review which
summarizes the progress to date and updates the nutrient budgets and targets for each lake using more
recently collected monitoring data. The Five Year TMDL review identified internal phosphorus loading to
be a significant issue in Bass and Pomerleau Lake. The review and subsequent feasibility study estimate
that an alum treatment could reduce the internal phosphorus loading from the lake sediments by 90-
95%.
As a result of the updated Five Year TMDL Review, the Shingle Creek Watershed Management
Organization submitted a Clean Water Fund grant application to the Minnesota Pollution Control Agency
on August 9th, 2017 for the Bass and Pomerleau Lakes Alum Treatment Project. This grant application
was submitted to help provide a funding source for the proposed alum treatment and to provide a cost
effective solution to improve water quality in both lakes.
In late December 2017, City and watershed staff were informed that the Clean Water Fund grant
application for this project was fully funded by the Minnesota Pollution Control Agency.
BUDGET IMPACT: There is no direct budget impact to review and comment on internal phosphorus load
management for Bass and Pomerleau Lakes.
RECOMMENDATIONS: Staff recommends the EQC review and comment on internal phosphorus load
management for Bass and Pomerleau Lakes.
Attachments: None
O:\Utilities\Stonn Sewer and Water ResourcesTnviromnental Quality Committee\Agenda Reports\2018\bass pomerleau alum.docx
Agenda Number
CITY OF PLYMOUTH
ENVIRONMENTAL QUALITY COMMITTEE
AGENDA REPORT
DATE: April 6, 2018 for the EQC Meeting of April 11, 2018
TO: Environmental Quality Committee (EQC)
FROM: Derek Asche, Water Resources Manager
SUBJECT: Review and Comment on DRAFT Agreement for Comprehensive Municipal Recycling
Services
ACTION REQUESTED: To review and provide comments to staff on the draft amended 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 draft
amended Agreement for Comprehensive Municipal Recycling Services. Currently, residents are charged
a fee of $2.50/month for recycling services.
RECOMMENDATIONS: Staff recommends the EQC review and provide comments to staff on the draft
amended Agreement for Comprehensive Municipal Recycling Services.
Attachments: Draft Amended Agreement for Comprehensive Municipal Recycling Services
O:\Utilities\Storm Sewer and Water ResourcesTnviromnental Quality Coimnittee\Agenda Reports\2018\recycling contract review.docx
CITY OF PLYMOUTH
AGREEMENT
FOR
COMPREHENSIVE
MUNICIPAL
RECYCLING SERVICES
Effective January 1, 2019
Table of Contents
AGREEMENT GENERAL CONDITIONS AND TERMS
PreliminaryStatement ................ .............. .............. .....:............... ................................................... 5
1
Contract Documents............................................................................................................... 5
2
Compensation for Services......................................................................................._............. 5
3
Method of Payment........................................_...................................................................... 5
4
Revenue Sharing..................................................................................................................... 6
5
Withholding of Payment ......................... :,................ :................ ............ :..:................ ............ 6
6
Materials Disposition.............................................................................................................. 6
7
Audit Disclosure...................................................................................................................... 6
8
Term of This Agreement......................................................................................................... 7
9
Termination.................................................................................................. .....7
.....................
10
Subcontractor........................................................................:...........:....................................7
11
Independent Contractor... ......................... .............................................................. 7
12
Assignment..............................................................................................................................7
13
Services Not Specified............................................................................................................ 7
14
Industry Price Indices (Indicators) to calculate Revenue Sharing .......................................... 7
15
Severability.....................................:................................................................:......................8
16
Entire Agreement................................................................................................................... 8
17
Compliance with Laws and Regulations................................................................................. 8
18
Equal Opportunity.................................................................... .... 8
19
Waiver.....................................................................................................................................8
20
Indemnification..............................................................._.................................................._... 8
21
Insurance................................................................................................................................ 8
22
Automobile Insurance............................................................................................................9
23
Performance and Payment Bond........................................................................................... 9
24
Timely Communications of Problems ............. :........................................................ ............... 9
25
Liquidated Damages............................................................................................................... 9
26
Workers' Compensation Insurance .................................................. :................ .............. 1Qk�
27
Conflict of Interest............................................................................................................ 104:4
28
Data Practices/Records...................................................................................................... 11
29
Governing Law .................................................... ......... --- .................................................. 11
30
Severability ........................ .:....... ............ :.:........................................................................... 11
31
Amendments ................. .............................................. ......................................................... 11
32
Signatures .......................... ..........._.......................................................................................12
EXHIBITA:
RECYCLING COLLECTION, PROCESSING AND MARKETING SPECIFICATIONS ............. 13
1.
Introduction.......................:.................................................................................................. 13
2.
Definitions ......................... .............. .:.................................................................................... 13
Page 2 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
3. Recyclable Material Preparation.......................................................:................................. 16
3.1
Manner of Collection..................................................................................................
16
4. Ownership of Materials........................................................................................................ 16
5. Revenue
Sharing................................................................................................................... 16
6. Residential Curbside Recycling Program Collection Requirements................................. 163
6.1
Frequency of Collection, Collection Districts, and Collection Days of the Week .. Error!
Bookmark not defined.
6.2
Collection Hours.......................................................................................................... 17
6.3
Non-Completion of Collection and Extension of Collection
Hours ............................. 17
6.4
Non-Compliant Missed Collections.............................................................................
17
6.5
Holidays...........................................................................Error!
Bookmark not defined.
6.6
Severe Weather......................................................................................................
174-9
6.7
Point of Collection...................................................................................................
173
6.7.1
Carts...........................................................................................................................
18
6.8
Walk-up Service.._....................................................................................................... 18
6.9
Compliance with Driving and Hauling Laws................................................................
18
6.10
Weighing of Loads and Reporting Requirements................................................... 1$l9
6.11
Procedure for Unacceptable Materials...................................................................
1819
6.12
Public Education and Promotion..................................................
............... ............... 19
6.13
Clean-up Responsibility..................._....................................................................... 192-9
6.14
Customer Service and Records...................................................................................
20
6.15
Pilot Project Test Areas...............................................................................................
20
6.16
Vehicle Licensing and Inspection Requirements........................................................
20
6.17
Collection Vehicle Equipment Requirements..................
....................................... 202-1
6.18
Personnel Requirements............................................................................................. 21
6.19
Pavement Management Programs......................................................................... 2124
6.20
City Service Limited to Public Roads....................................................................... 212-2
7. Drop
-Off Recycling Center....................................................................................................
22
7.1
Drop -Off Site Operations............................................................................................
22
7.2
Drop -Off Center Materials..........................................................................................
22
7.3
Storage Containers: Capacity and Service Frequency................................................ 22
7.4
City Approval of Container Type and Labeling...........................................................
22
7.5
Weighing of Loads and Reporting Requirements...............
:....... :........................... 2224
7.6
Management of Contamination.............................................................................
22223
8. Multi-Family
Recycling..........................................................Error!
Bookmark not defined.2-3
8.1
MF Recycling Service Standards .................................Error!
Bookmark not defined.2-3
8.1.1 Recyclable Materials.......................................Error!
Bookmark not defined.2-3
8.1.2 MF Recycling Carts and/or Dumpsters ...........Error!
Bookmark not defined.2-3
8.1.3 Minimum Collection frequency ......................Error!
Bookmark not defined.-Z-3
8.1.4 Procedure for Unacceptable Materials ...........
Error! Bookmark not defined.24
8.1.5 Adequate Public Education.............................Error!
Bookmark not defined.-24
8.2
MF Recycling Data .......................................................Error!
Bookmark not defined.-24
8.3
Monthly and Annual Reports......................................Errorl
Bookmark not defined.2-5
Page 3 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
9. Commercial / Institutional Recycling....................................Error!
Bookmark not defined.25
9.1
Cl Recycling Service Standards....................................Error!
Bookmark not defined. -2-5
2634
9.1.1 Recyclable Materials.............:.........................Error!
Bookmark not defined.25
1.2 Collection Service Price ................................. :.:........... :.................... :......................
9.1.2 Minimum of Bi -Weekly Collection Frequency
Error! Bookmark not defined.26
2634
9.1.3 No Less than Two Stream Sorts ......................Error!
Bookmark not defined.2-6
4. Multi -Family Recycling Service Price....................................Error! Bookmark not defined.32
9.1.4 Adequate Public Education.............................Error!
Bookmark not defined. 6
9.2
Cl Recycling Data.........................................................Error!
Bookmark not defined -16
9.3
Monthly and Annual Reports......................................Error!
Bookmark not defined. -2-6
10. Recyclables Composition..................................................................................................
23-27
10.1
Determining Materials Composition as Collected ..................................................
2327
10.1.1 Estimating Process Residuals...................................................................... 2327
10.2
End Market Certification........_.................._......................_...................................... 232L7
10.3
Materials Processing and Marketing .............................................. 1 ........... I............ 2327
10.3.1 Processing Facilities Must Be Specified......................................................
2327
10.3.2 Lack of Adequate Market Demand............................................................. 24-2-9
10.4
Performance Monitoring........................................................................................ 24-2-9
10.5
Reports and Meetings ................................................... .......................................... 2429
10.5.1 Customer Service Reports..........................................................................
24-9
10.5.2 Monthly Reports........................................................................................ 242-9
10.5.3 Annual Reports............................................................................................ 2529
10.5.4 Annual Meeting..........................................................................................
252-9
10.5.5 Other Meetings.................................................................._........................
2530
EXHIBIT B: COMPENSATION............................................................ ............... ___ ................. ...
2634
1. Compensation for Residential Curbside Recycling Collection Service .............................
2634
1.1 Curbside CDU Counts..............................................................................................
2634
1.1.1 Annual Adjustment to CDU Count.............................................................
263
1.2 Collection Service Price ................................. :.:........... :.................... :......................
2634
2. Compensation for Drop -Off Collection Service ......... ...................... ........... ......................
2634
3. Recycling Collection at City Designated Sites................_........._........................................
2634
4. Multi -Family Recycling Service Price....................................Error! Bookmark not defined.32
5. Commercial / Institutional Recycling Service Price..............Error! Bookmark not defined. -3-2
6. Revenue Share Formula and Processing Fee...................................................................
2732
6.1 Basic Revenue Sharing Formula..............................................................................
2732
6.2 Processing Fee..... . ...................................................................................................
2732
7. Published Industry Market Indices .................... ............................................... __...........
27-32
EXHIBIT C: TRASH COT T ECTION
EXHIBIT D: SPECIAL COLLECTION DAY/DROP OFF DAY
Page 4 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
AGREEMENT
General Conditions and Terms
This Agreement is made on the123rd 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 Republic
Services ofthe Twin Cities- Blaine [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:
1 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"
D. Trash Collection, Exhibit "C"
E. SPECIAL COLLECTION DAY/DROP OFF DAY, Exhibit "D"
In the event of conflict among the provisions ofthe 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 "D" having the last priority. Residential collection shall occur on Wednesdays,
Thursdays, and Fridays, except for changes due to holidays, weather events, and other unscheduled
interruptions. Collection will begin Wednesday, January 2), 201, __
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 invoices for services provided to the City on a monthly basis. The
Contractor shall provide documentation and reports as required by the City in Exhibit A. Invoices must
include a copy of the corresponding month's Recycling Materials Revenue Report. Approved invoices will
be paid based on the City's normal reimbursement schedule. The City processes all approved invoices
within 30 days of receipt. The City will not approve penalty payments for past due dates. The City may
withhold payment including, but not limited to, defective service or work, failure to meet obligations as
proposed or contracted, or resulting contract and damages, or for not submitting reports. The City bills
residents directly for recycling services. The Contractor may invoice residents directly only if the resident
is a customer and has requested extra collection, regular trash service, a special collection, or a special
Page 5 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
FCommeEnted[KB17]:'What date should be used mplace ofthe
This will he the date ofthe City Council
Commented [KE13]: Please make certain that this is the correct
daft.
Commented [DA4]: Bev, would you please confirm? It is the
first Wednesday of January, however, it is also the day after New
Years so perhaps the collection is one day later?
service. The Contractor may not invoice residents directly for regular collection of curbside recycling
services.
a Revenue Sharing
The City shall receive a credit each month 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
ff.e. curbside and drop-off). Beginning January 1, 2019, the net proceeds shall roll forward month to
month, January through December, with settlement to the City no later than January 31 of the following
year. In no case 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.
5 Withholding of Payment
Ifthe 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, and any other fees or
other costs charged to Contractor, 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 costs and provide the City receipts of payment;
Or
(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.
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 created by the
Page 6 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
Contractor), models, photographs, and reports prepared by the Contractor for the City shall become the
property of the City upon termination of this Agreement.
8 Term of This Agreement
The term of this Agreement shall be from January 1, 2019 through December 31, 2024, 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.
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, including all Exhibits
to this Agreement, 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 report
will list for each material collected: the required market indicator, the processing fee for each material,
Page 7 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
the tons of material collected, the finished commodity value, the net amount per ton, the total dollar
amount of revenue, 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.
18 Equal Opportunity
During the performance of this Agreement, 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 theirrace, color, religion,
sex, or national origin.
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. The Contractor shall also pay any
expenses, including reasonable attorney's fees, incurred by the City in enforcing this indemnification
requirement.
21 Insurance
Within fourteen (14) days of the date of this Agreement, the Contractor shall provide a certificate of
insurance as proof of liability coverage for bodily injury or death in the amount of two million 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
Page 8 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
($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
The Contractor shall provide a certificate of insurance as proof of liability coverage for 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 Bonds
The Contractor shall execute and deliver to the City performance and payment bonds 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 the City an acceptable performance bond, approved by
the City Attorney and complying with the requirements above to cover the entire period of renewal or
extension.
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 in-person meetings) to address operational problems and service issues to
prevent occurrences resulting in liquidated damages.
25 Liquidated Damages
The City shall notify the Contractor by means of formal written (including electronic writing) notice of
each act or omission by Contractor in breach of Contractor's obligations under this Agreement that are
discovered by the City. The formal notice will outline the issue and the violation. After notice has been
provided by the City, the Contractor shall be liable for liquidated damages, at the following rates, if
performance has not occurred consistent with the provisions of this Agreement. The City may invoice the
Contractor for the full amount of any damages. The remedy available to the City under this paragraph
shall be in addition to all other remedies that the City may have under law or at equity.
25.1 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, labor disputes, 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 resume
collection service, the Contractor shall have five (5) days (excluding Saturdays, Sundays, and
Page 9 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
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.
25.2 Non-compliant, missed pick-up
A non-compliant missed pickup is defined as recycling service not provided to a CDU (as defined
in Exhibit B&) or a City designated stop or;addresS during collection hours on the scheduled day or
------------
alternate day of collection, and the address did not appear on the driver's records as an
unacceptable set -out, nor as a not -out. Contractor may be assessed liquidated damages of one
hundred dollars ($1,00) per instance of a non-compliant missed pickup. No notice from a resident,
customer or the City is necessary to trigger the start of the liquidated damages. The Contractor
may return the same day, or before 12:00 p.m. the next business day without the assessment of
liquidated damages to collect the material. Liquidated damages do not apply to carts that are
reported as partially emptied.
25.3 Missed Collection, Drop-off Center
Contractor may be assessed liquidated damages of three thousand dollars ($3,000.00) per daily
occurrence for failure to collect, empty, and return all containers for the drop-off center, failure
to clean up excess material, and/or failure to report�lssuei
25.4 Administrative Non -Compliance
Whenever the Contractor performs services in a manner that is non-compliant with this
Agreement, Contractor may be assessed liquidated damages of two thousand dollar ($2,000) per
occurrence. The Contractor shall pay the City separately from the monthly invoice and not deduct
such payment from monthly billing. Examples include but may not be limited to: failure to comply
with customer service requirements; failure to provide monthly and annual reports in a timely
manner; failure to document, report, and clean hydraulic spills or material spills in a timely
manner; failure to report operational changes of disposal sites, material processing, formula
changes, end markets; failure to conduct and report actual monthly participation and set -out
studies; failure to conduct and report annual composition analysis or agreed upon alternative;
failure to maintain vehicles in proper working order; failure to deliver, exchange or remove a cart
at the correct address in a timely manner; failure to pick up and report litter issues caused by
collection; and failure to correct chronic issues.
26 Workers' Compensation Insurance
The Contractor shall provide workers' compensation insurance covering all employees of the Contractor
engaged in the performance of the Agreement, in accordance with the Minnesota Workers'
Compensation Law.
27 Conflict of Interest
The Contractor agrees that no elected official, officer, employee or other representative of the City shall
have any interest, director 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.
Page 10 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
1 Commented [KB5]: We need a definition of "City -designated .
stop" forpurposes of all or the sections in Article 25, For example,
are designated City trash collection stops included?
j Commented [KB6]: This provision is hard to understand. We
Lshould discuss how to make it clearer, lY
28 Data Practices/ Records
All data created, collected, received, maintained or disseminated for any purpose in the course of this
Agreement 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 Agreement 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 affect 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, revisions
to Hennepin County Ordinance 13, if the County significantly alters their Residential Recycling Funding
Policy, or if the City endeavors to explore organized multi -family and/or commercial institutional
programing, the City and the Contractor shall re -negotiate in good faith the affected provisions of this
Agreement.
Page 11 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
32 Signatures
Executed as of the day and year first written above.
CITY OF PLYMOUTH CONTRACTOR
(Signature)
By Kelli Slavik
Its Mayor
(Signature)
By Dave Callister
Its City Manager
(Signature)
By
Its
(Title)
Page 12 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
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.
Definitions
Cart: A container in three to four sizes (20 -plus gallons to 90 -plus gallons) with hinged lid and
wheels, used for collection of solid waste, including recyclable material and organics.
Certified Dwelling Unit (CDU): Means a single family home and each residential unit in a building
up to an eight-plex, 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.
Collection Route: Means a contiguous geographic area within a Collection District that Contractor
determines 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, the County, the Minnesota
Department of Transportation, and/or the U.S. Department of Transportation for collection of
solid waste or recyclables.
Contractor: Person or persons authorized by the City to perform recycling collection services on
prescribed routes within Collection Districts in the City.
Composition: Composition of recyclable materials are an estimated percentage based on the
results of the Recycling Composition Analysis as required in this Agreement.
Education Tag: Means an information tag notifying residents about issues regarding their cart or
recyclable materials. The tag contains information regarding preparation requirements. The
driver leaves the tag at the residence on the cart.
Household: Means a single-family household or a multi -family building unit that is eligible for City
recycling collection services.
Index Price for Purposes of Revenue Sharing: The published index price is specified in the RFP
for purposes of calculating revenue sharing. The pubiished 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.
Material Recovery Facility (MRF): The facility (or series of facilities) used for the receiving,
sorting, processing, storing and other steps to prepare recyclable commodities for marketing and
Page 13 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
ultimately to be recycled. The facility conforms to all applicable rules, regulations and laws of
state, local or other jurisdictions. A MRF does not include the end market facilities (e.g., mills) that
manufacture new products from the recyclable commodities.
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.
Not -out: A driver record that a cart was not at the curb at an address on the scheduled collection
day by 7:00 a.m.
Organics Recycling: The curbside collection of source separated organic materials, and
transportation to a transfer station, or directly to an organics processing facility or composting
facility.
Participation Rate or Set -Out Rate: The number of specific CDU's on a recycling route which set
out recyclable material in carts at some point during a defined period of time (industry standard
is one month) as a percentage of the overall number of eligible CDU's during that same defined
period of time.
Private roads: Private roads are surfaces for which the ownership and maintenance are the
responsibility of individuals or entities which are not the City nor other government entities.
Process Residuals: The material from the MRF that cannot 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.
Processing: The sorting, volume reduction, baling, containment or other preparation of recyclable
materials delivered to the MRF for subsequent re -manufacturing or reuse.
Processing Fee: The agreed upon unit fee allocated toward the Contractor's cost of processing
the many types of recyclables.
Program Element: There are two program elements within the City's comprehensive recycling
system: (1) curbside, (2) drop-off,.
Recyclable Materials or Recyclables: all items that would otherwise be disposed of as solid waste
that are designated by the City, the County, or the State of Minnesota to be part of an authorized
recycling program, which shall be either separated at the source by the generator, or by the
collector or processor, for the purpose of recycling or remanufacturing, or for reuse. The
recyclable materials or recyclables shall include the materials listed below and any other materials
mutually agreed upon by the Contractor and the City in the future.
• Aseptic cartons, Gable top cartons: Cartons used to package milk, juice, broth, soup and
other liquids, and dry products.
Page 14 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
• Boxboard packaging: used for food, storage in refrigerator, and dry goods, except boxes
designed for frozen storage.
• Corrugated cardboard: unless contaminated with food, or coated with wax or plastic.
• Glass containers: all glass food and beverage containers.
• Metal containers: aluminum, steel, bimetal food and beverage containers, and foil and
foil trays not contaminated with food.
• 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.
• 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 processing and
re-manufacturing, or reuse.
• Plastic: plastic containers and lids up to nine inches in diameter, except those containers
that held hazardous waste. Plastic containers includes these types of plastic: polyethylene
terephthalate (PETE, number 1), high density polyethylene (HDPE, number 2), polyvinyl
chloride (PVC, number 3), low-density polyethylene (LDPE, number 4), polypropylene (PP,
number 5), polystyrene (PS, number 6), and all Other (number 7), unless recycling of a
plastic is not required under the laws of the state and local governments, then the plastic
may be excluded from the program if mutually agreed upon by the City and the
Contractor.
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.
Revenue Share: The revenue shared between the Contractor and the City from the sale of
recyclable material collected in curbside residential carts and at the drop-off center after the cost
of processing the various types of material is subtracted from the revenue.
Source Separated Organic Materials: The portion of solid waste thatis separated at the source
by the generator for the purpose offood to animals, cornposting, or anaerobic digestion, and may
include food scraps, plant materials, ccmpcstable paper, and ccmpostable products that have
been tested and verified to meet the ASTM D6400 or STM D6868 standards.
Single Sort Recycling: The system by which the generator places all recyclable materials together
in one container, the materials are collected, processed at a MRF, and sorted into their individual
marketable commodities.
Page 15 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
Unacceptable Recyclable Materials: Materials which are prohibited from recycling or organics
recycling streams as defined by State of Minnesota statutes and/or Hennepin County policies, or
are not accepted by the Contractor, including hazardous waste.
Walk-up Service: Door -to -curb collection of recyclables at designated CDU's upon request from
the City for residents who request the service from the City and are approved by City staff to
receive the service. The resident or customer stores the cart(s) near the house or garage. The
Contractor "walks up" to collect the cart, brings it to the truck to empty the cart, and returns the
cart to its original location.
3. Recyclable Material Preparation
Contractor shall collect CDU 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 Agreement.
3.1 Manner of Collection
The collection and transportation of recyclables by Contractor will, at no time; create a nuisance
or become injurious to the public health of persons living either within or outside the corporate
limits of the City.
4. Ownership of Materials
All recyclable materials shall remain the responsibility ofthe 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 shall be itemized separately per program on the monthly
invoices and revenue sharing shall be itemized separately on the revenue report. The revenue share shall
be 80% to the City and 20% to the Contractor.
6. Residential Curbside Recycling Program Collection Requirements
Every CDU shall receive curbside recycling collection services every other week. The City of Plymouth is
divided into five collection districts with collection on three different days 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 proposed route changes, and provide the City with any revised route, and all the
collection maps at least once annually, and more frequently upon request by the City.
6.1 Carts
Contractor will provide storage containers of a size, shape and design acceptable to the City. Any
containers provided by Contractor shall remain Contractor's property. Contractor shall be
responsible for cleaning up any material spilled from the cart. Carts must be maintained in good
working condition at all times. Replacement shall be the responsibility of the Contractor.
6.2 Collection Days
Page 16 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
Days of collection will be Wednesday, Thursday, and Friday of each week. 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.
6.2.1 Holidays
The City designates six legal holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.
6.3 Collection Hours
Collection shall commence no earlier than 7:00 a.m., but no later than 9:00 a.m. The Contractor
shall maintain sufficient equipment and personnel to assure that all collection operations are
completed by 5:00 p.m. on each scheduled collection day. Residents will be requested to have
recyclable materials placed at the curb before 7:00 a.m. on the scheduled collection day.
6.4 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 ofthe 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
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.
6.5 Non -Compliant Missed Collections
The Contractor shall have a duty to pick up any missed collections. The Contractor agrees to pick
up all missed collections on the same day the Contractor receives notice of a missed collection,
provided the notice is received by the 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, the
Contractor agrees to pick up that missed collection before 12:00 p.m. on the business day
immediately following the notice.
6.6 Severe Weather
Recycling collection may be postponed due to severe weather in consultation between the
Contractor and the City. Collection will be postponed to a day agreed upon by the Contractor and
the City. Recycling collection may be postponed if the local temperature at 6:00 a.m. is at or
below minus 20 degrees Fahrenheit.
6.7 Point of Collection
All residential recycling curbside collection will occur at the curb, 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 parti6pating household, all acceptable materials that have
been prepared according to publicized procedures. The driver is required to return carts to the
same curbside location as set by the resident, unless the resident has set the cart in the street, on
Page 17 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
a sidewalk or trail, or in the middle of the private driveway. The Contractor shall make a conscious
effort to return the cart with the lid closed and in a standing position.
6.7.1 Carts
Drivers are required to record and report to the Contractor's dispatcher, the location of
any recycling container that is damaged. The Contractor shall repair or replace damaged
carts within one (1) week of the report of damage.
6.8 Walk-up Service
The 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 requesting the service as determined by the City. In the event walk-up service collection
exceeds 0.5% of the total number of CDU's, City and Contractor may agree to negotiate financial
compensation for the service. The City will not require the Contractor to enter a building or closed
structure to service a property. If the Contractor and the customer agree that the property should
be serviced by having the Contractor regularly enter a closed structure or building, the Contractor
must provide the City with a copy of the walk-up service agreement signed by the customer and
by the Contractor, which agreement must include a City liability waiver. Twice annually in
December and in May, the Contractor shall submit a current list of addresses receiving walk-up
service.
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. The Contractor will be properly licensed and insured to operate in the City
of Plymouth, Hennepin County, and the State of Minnesota, and shall comply with all statutes,
regulations, and ordinances of the state and local governments in the execution of the
Agreement.
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 will provide the City annually with up-to-date route maps,
indicating 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
Page 18 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
addresses by the end of month to the City staff in an electronic format mutually agreed upon by
the Contractor and City.
6.12 Public Education and Promotion
The Contractor will 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. Education efforts may include,
but are not limited to, brochures, post cards, and cart hanging tags, cart information packets,
signs, videos, presentations to classes and community groups, and events. 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. The Contractor shall not distribute any
education or promotional literature regarding the recycling program or waste reduction, without
prior approval by City staff. The City will work with the Contractor to ensure recycling educational
materials conform to Hennepin County Funding Policy requirements. The Contractor shall provide
the City with industry -related information, educational materials, articles, video, and other
material for City staff to publish or distribute as requested by the City, as well as assist in the
development of brochures, articles, and other pieces at the request of the City. The Contractor
shall 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 lid of the recycling cart, so it can be easily identified
by the resident or customer and the Contractor's drivers as the container for recyclable materials
collection. The Contractor shall participate in City -sponsored community events at the request of
the City. Participation may include, but is not limited to, staffing an information booth, giving
presentations, and displaying recycling trucks and equipment. Such participation shall be related
to this Agreement, representative of the Plymouth recycling program, and not construed as an
opportunity to prospect trash customers. The Contractor will provide education in alternate
formats including, but not limited to electronic, online, video, in-person, events, and tours, and
provide education that can be used in schools serving the Plymouth community. This education
must address the State of Minnesota's soIld waste management hierarchy and priorities. The
education provided must be at the Contractor's cost, with no additional cost to the City or schools.
6.13 Clean-up Resoonsibility
The 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. All hydraulic fluid spills and leaks shall be reported
by the Contractor immediately to a supervisor and, if it is a danger to public health or safety, to
the City Fire Department (911). If the spill is over five gallons, the Contractor must report it to the
Minnesota Duty Officer. The Contractor is responsible to clean up all spills, even if the City Fire
Department is present.
Page 19 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
6.14 Customer Service and Records
All complaints made directly to Contractor shall be given prompt and courteous
attention. Contractor will provide Customer Service through an established set of skills and
capabilities. Customers seeking Customer Service shall have the ability to seek out information
and answers to frequently asked questions 24 hours per day through web -based or smart phone
based applications. When contact with the Contractor is required for Customer service, during
office hours, the Contractor shall maintain sufficient call center staff to answer and handle
complaints and service request from customers without delay. These call center staff shall have
the ability to contact and work with members of the contractor staff serving the municipality,
whether through direct, electronic, or telephonic means, to coordinate resolution of the local
complaints. In the case of alleged missed scheduled collections, the Contractor shall investigate
and, if such allegations are verified, shall arrange for the collection of Recyclable Materials not
collected within one business day after the complaint Is received.
6.15 Pilot Proiect 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 ofthe 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. The Contractor shall submit to the City annually before
December, the most recent Minnesota or U.S. DOT inspection record for each licensed vehicle
used within the City.
6.17 Collection Vehicle Equipment Requirements
Each collection vehicle shall be equipped with the following:
• A two way communications device.
• A first aid kit.
• An approved 2AIOBC dry chemical fire extinguisher or other approved fire
extinguisher appropriate to the type of vehicle.
• Warning flashers.
• Warning alarms to indicate movement in reverse.
• Signs on the rear of the vehicle which state 'This vehicle makes frequent stops" or
similar language.
• A broom and a shovel for cleaning up spills and a spill kit.
• All of the required equipment and the vehicle must be in proper working order.
• All vehicles and equipment must be as clean and free from rust and odors as possible.
Page 20 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
• Vehicles shall be sized to operate and negotiate turning movements of cul-de-sacs
and dead-end streets without causing damage to public or private property or
creating safety hazards.
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 orvoice 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 or blown during the course of collection and hauling operations.
• Take all precautions possible to prevent littering.
• Avoid damage to containers and other property.
• Not perform their duties or operate vehicles while consuming alcohol or illegally using
controlled substances or while under the influence ofalcohol and/or such substances.
• Not idle or park vehicles in one location, street, lot, or place longer than is necessary
to reasonable collect material or take meal or rest breaks.
• Abide by all applicable local, state and federal laws while performing the work.
• Must understand safety responsibilities and spill procedures, including reporting all
hydraulic fluid spills immediately to a supervisor, to the City Fire Department (911) in
the event of danger to public health and safety, and to the Minnesota Duty Office if
over five gallons.
• Report any suspicious activities or items to the Plymouth Police Department (911 or
desk officers at 763-509-5192).
6.19 Pavement Management Programs
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. This Agreement is
subject to the right of the State, the County and the City to improve its roads, bridges, highways,
and streets. The Contractor accepts the risk that such improvements may prevent the Contractor
from occasionally traveling its usual route or routes for the purpose of collecting materials. The
Contractor agrees to not make any claim for compensations against the City, the County or the
State for such interference.
6.20 City Service Lim_Ited to Public Roads
This Agreement covers municipal curbside recycling service and organics recycling lservice on or - commented CKB71: Do we want to include organics recycling
adjacent to publicly owned roads. If the Contractor provides service on a private road or property, services? If so, the Agreement is basically slentasto how itwill be
handled. We -ill need to discuss the addition ofprovisions related
the Contractor must establish a separate agreement with Lhe property owners) regarding any to organic recycling. For example, will residents be receiving
change in condition to the private road due to the service, and hold harmless the City, Hennepin Separate can for organics recycling? Ifso. who is responsible for
County, and the State of Minnesota. cleamngit? --
Page 21 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
7. Drop -Off Recycling Center
7.1 Drop -Off Site Operations
The Contractor will service the recycling drop-off site operated by the City at Plymouth's Public
Works Maintenance Facility, 14900 23rd 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 Center 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, Defiruitions]. Other materials may
be designated by the City if acceptable to the Contractor.
7.3 Storage Containers: Capacity nd Service Frequency
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 frequency emptying the
containers to assure that all recyclables deposited at the site can be placed within the storage
containers without overflowing. Storage containers for the drop-off center shall be approved by
the City before being installed by the Contractor. Contractor shall be responsible for cleaning up
any and all material left at the drop-off site when a container is full. Containers must be kept clean
and free from odors, free of graffiti and inaccurate signage, free of rust and leaks, and must be
maintained in good condition at all times, including working covers, free of rust and leaks, and
accurate, legible signs on all containers.
7.4 City Approval of Container Type and Labeling
Containers must be clearly marked with labels listing and showing with graphics the recyclables
allowed to be placed inside the containers. The Contractor may not label the containers until the
City has approved the content and design of labels. The Contractor will replace and update the
signs on the drop-off center containers as needed.
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 center recyclables exceeds 15% of the total drop-off tonnage, both
parties mutually agree to negotiate and revise the plan for operations of the drop-off center that
may include new containers, new container locations, elimination of containers, better signs on
the containers, signs at the site, and/or disposal charge backs.
Page 22 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
8.3.2 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. 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.
8.4 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.
8.5 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.
8.5.1 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. These reports shall be due by the 10`h day of each month.
8.5.2 Monthly Reports
Contractor shall provide the Recycling Materials Revenue Report with each monthly
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 MF). 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
Page 24 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
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. These reports shall be
due by the 1011h day of each month. Since Contractor carts for Recyclable Materia'is may
contain electronics as a result of dumping activities, the Contractor shall properly register
and report on the disposal of such items as required by the Minnesota Electronics
Recycling Act (M.S. 115A.1310) with the State of Minnesota and comply with any other
applicable electronic waste disposal reporting laws. The Contractor shall include a report
on any E -waste disposal in its monthly report to the City.
8.5.3 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 significant changes in end
markets and alert the City in writing to any pending conditions that may affect the City's
recycling programs. The annual written report should include any MRF reports submitted
by Contractor to the Minnesota Pollution Control Agency and the MN Department of
Revenue (annual SW-1AR report) for any MRFs used to process City recyclable materials.
The SW-1AR are for recycling and composting facilities seeking exemption from solid
waste management taxes pursuant to M.S. 2971-1.06. These reports must be submitted to
the State annually, and shall be submitted annually as part of the annual ;report. The
Contractor must include a request in writing if the Contractor wishes to have its annual
report considered nonpublic data to the extent permitted by the public record laws of the
State of Minnesota. The entire annual report cannot be marked as nonpublic data.
8.5.4 Annual Meeting
Upon receipt ofthe Contractor's annual report, the City shall schedule an annual meeting
with the Contractor. The objectives ofthis 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.
• 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.
• Review staff recommendations for improving Contractor's service.
• Discuss other opportunities for improvement with the remaining years under
the current Agreement.
8.5.5 Other Meetings
The City may call additional meetings as needed to coordinate planning, development and
implementation of new or changing program elements. The Contractor may request meetings as needed
to help provide for more expeditiously resolution of program implementation issues.
Page 25 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
. - Commented [KB8]: Please make certain that the Tax
Department is okay with this requirement.
Commented [KB9]t I don't understand why we are being asked
to provide an example of a certification that the City apparently
directly receives.
EXHIBIT B: COMPENSATION
1. Compensation for Residential Curbside Recycling Collection Service
1.1 Curbside CDU Counts
For the purpose of these specifications the City has Identified 24,549 Curbside Certified Dwelling
Units (CPU's),as of November, 2017.
1.1.1 Annual Adjustment to CDU Count
The City will provide the Contractor the actual addresses of the CDU's to receive curbside
recycling services before January 1 and July 1 of each year of the Agreement to ensure
accurate service. The Contractor will adjust the July and January invoice to reflect the
CDUs provided by the City.
1.2 Collection Service!Price
The curbside collection service price per month per CDU shall be as follows:
2019 $2.91
2020 $2.98
2021 $3.05
2022 $3.13
2023 $3.21
2024 $3.29
1.3. Compensation for Drop -Off Collection Service
Two options are provided for service at the Drop Off Center. Service can be provided three days
or seven days per week. The City may change the service level at the Drop -Off Center with 30 -
days notice to the Contractor. The Drop-off collection service price per month shall be as follows:
Three-day per week service
Seven day per week service
2019
$3,363.00/mo
2019
$7,486.00/mo
2020
$3,347.00/mo
2020
$7,673.00/mo
2021
$3,431.00/mo
2021
$7.865.00/mo
2022
$3,517.00/mo
2022
$8,062.00/mo
2023
$3,604.00/mo
2023
$8,263.00/mo
2024
$3,694.00/mo
2024
$8,470.00/mo
1.4. Recycling Collection at City Designated Sites
The Contractor Will pTovide recycling collection at City facilities and other designated stops at no
additional cost per the following schedule. The Contractor shall collect the same list of recyclable
materials collected from residents. City facilities and other designated stops currently included in
this Agreement include:
I Site I Bins I Freouencv I
City Hall, 3400 Plymouth Blvd., Plymouth, MN, 55447 1 1 Monday, Wednesday, Fridav I
Page 26 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
Commented [KB10]: 1.2 and 1.3 -TBD
Public Safety, 3400 Plymouth Blvd., Plymouth, MN, 55447
Monday, Wednesday, Friday
Fire Station 41, 13205 County Road 6, Plymouth, MN, 55441
Every other Wednesday
Fire Station 42, 12000 Old Rockford Rd, Plymouth, MN, 55441
Every other Thursday
Fire Station #3, 3300 Dunkirk Lane North, Plymouth, MN, 55447
Every other Wednesday
Plymouth Creek Center, 14800 34`h Ave N, Plymouth, MN, 55447
Monday and Friday
Plymouth Ice Ctr, 3650 Plymouth Blvd., Plymouth, MN, 55446
Wednesday
1.5. Revenue Share Formula and Processing Fee
1.5.1 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.
1.6. Processing Fee
The processing fee per ton shall be as follows:
2019 $70.00/ton
2020 $71.75/ton
2021 $73.54/ton
2022 $75.38/ton
2023 $77.27/ton
2024 $79.20/ton
1.7. Published Industry Market Indices
Product Mix Market Indicator
Mixed Glass Reviewed Annually
HDPE Natural
Waste News 1st Issue
High
HDPE
Waste News 1st Issue
Pigmented
High
Waste News 1st Issue
PET
High
Residual
Hennepin County Rate
Garbage
Tin
Avg. Monthly Sales Price
Aluminum
AMM Pricing
OCC
OMB #11 High
Page 27 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
Mixed Paper OEM #2 High
ONP OBM #8 High
EXHIBIT C: TRASH COLLECTION SERVICE
1. Trash Collection Service
The Contractor will provide solid waste collection at designated City facilities at no additional cost.
2. Unacceptable Waste
For purposes of this Exhibit C, solid waste does not include Unacceptable Waste, as defined below. City
warrants that solid waste disposed of at the facilities identified by City pursuant to Section 1 of this Exhibit
C will not contain any Unacceptable Waste. Title to, and liability for, any Unacceptable Waste will remain
with the generator and shall at no time pass to Contractor. Contractor shall have the right to reject or
revoke its acceptance of any solid waste at any time such solid waste is discovered to be or contain
Unacceptable Waste.
3. Definitions for Purposes of Exhibit C
3.1 Unacceptable Waste is Hazardous Waste and any radioactive, volatile, corrosive, highly
flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as defined by
applicable law or any otherwise regulated waste.
3.2 Hazardous Waste includes, but is not limited to, any amount of waste listed or
characterized as hazardous by the United States Environmental Protection Agency or any state
agency pursuant to RCRA, and including future amendments thereto, and any other Applicable
Law.
City facilities and other designated stops to be included in this Agreement are:
Site
Bin(s)
Collection Frequency
City Hall, 3400 Plymouth Blvd., Plymouth, MN, 55447
2 yard
Monday, Wednesday, Friday
Public Safety, 3400 Plymouth Blvd., Plymouth, MN, 55447
2 yard
Monday, Wednesday, Friday
Maintenance Facility, 14900 23`' Ave. N., Plymouth, MN, 55447
4 yard
Monday
Central Treatment Plant -14800 23" Ave. N., Plymouth, MN, 55447
2 yard
i" Monday of the month
Zachary Treatment Plant, 4295 Zachary Ln. N., Plymouth, MN, 55441
2 yard
1'I Monday of the month
Plymouth Creek Center, 14800 341h Avenue North, Plymouth, MN, 55447
2 yard
Monday, Thursday
Fire Station 1, 13205 County Road 6, Plymouth, MN, 55441
1 yard
Monday
Page 28 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES
Fire Station 2, 12000 Old Rockford Road, Plymouth, MN, 55441
1.5
yard
Monday
Fire Station 3, 3300 Dunkirk Lane North, Plymouth, MN, 55447
1.5
a rd
Monday
Plymouth Ice Center, 3650 Plymouth Blvd., Plymouth, MN, 55447
4 yard
3 yard
Monday, Thursday
Monday, Thursday
Bus Shelter, 45`I' Avenue North
30 gal
Monday
Bus Shelter, Plymouth Blvd.
30 gal
Monday
Bus Shelter, Lancaster Lane
30 gal
30 gal
Monday
Monday
Bus Shelter, 34`h Avenue North
30 gal
Monday
Bus Shelter, 3300 Harbor Lane North, Plymouth, MN
30 gal
Monday
Bus Shelter, 17205 County Road 6, Plymouth, MN, 55447
30 gal
Monday
Bus Shelter, 1405 Xenium Lane North, Plymouth, MN,
30 gal
Monday
Bus Shelter, 10905 State Highway 55, Plymouth, MN,
90 gal
Monday
EXHIBIT D: PLYMOUTH ANNUAL SPECIAL COLLECTION DAY
1. Plymouth Special Collection Day
The City hosts an annual Special Collection Day a.k.a Drop Off Day typically in April or May of each year.
Municipal Solid Waste, Construction and Demolition Debris, Scrap Metal, and bulky items are collected at
this event. The parties agree to negotiate in good faith such that Republic Services will provide to collect
these items at the City's Special Collection Day event and the City shall compensate Republic Services for
this collection.
Page 29 of 29
AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES