Admin Minnesota
Materials Management Division
Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996
Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529.
CONTRACT RELEASE: H-90(5)
DATE: MAY 14, 2015
PRODUCT/SERVICE: HAZARDOUS MATERIALS: USED ELECTRONICS RECYCLING AND MANAGEMENT
FOR STATE AGENCIES ONLY: MN/IT OET ENTERPRISE SECURITY
INFORMATION SANITIZATION AND DESTRUCTION STANDARD, DATED
JUNE 1, 2010, SETS OUT THE REQUIREMENTS FOR DATA SECURITY FOR
STORAGE MEDIA. FOR HARD-DRIVES, RESET TO THE MANUFACTURER’S
DEFAULT SETTINGS AND SANITIZE OR PHYSICALLY DESTROY, OR USE THIS
CONTRACT TO MANAGE, MUST BE OVERWRITTEN AT LEAST SIX TIMES
BEFORE LEAVING THE AGENCY. ALL SANITIZATION OR DESTRUCTION OF
STORAGE MEDIA MUST BE WITNESSED OR PERFORMED BY AUTHORIZED
AGENCY PERSONNEL. READ THE ENTIRE STANDARD AT
http://mn.gov/oet/images/SEC_S_Information_Sanitization_and_Destruction.pdf.
Surplus Services Requirements. When agencies of the State of Minnesota have property they no longer need, they
are required to contact the Fleet and Surplus Division of the Minnesota Department of Administration to obtain
approval for the appropriate method of disposal in accordance with State law. The Fleet and Surplus Division Surplus
Services will direct the transfer of workable used computers to other State agencies, to local units of government and
other eligible donees as described in federal law. If the property is deemed not appropriate for transfer, the Fleet and
Surplus Division will advise the agency that owns the equipment to dispose of it in an environmentally safe manner.
CONTRACT PERIOD: JANUARY 1, 2015, THROUGH DECEMBER 31, 2015
EXTENSION OPTIONS: UP TO 48 MONTHS
ACQUISITION MANAGEMENT SPECIALIST: GLORIA O’CONNELL SONNEN
PHONE: 651.201.2443
E-MAIL: gloria.sonnen@state.mn.us
CONTRACT VENDOR
CONTRACT NO.
DYNAMIC RECYCLING
87331
2135 Enterprise Avenue
La Crosse WI MN 54603 (only until the end of February, 2015)
WEB SITE: www.mmd.admin.state.mn.us
TERMS
DELIVERY
NET 30
VARIOUS
DYNAMIC RECYCLING
N5549 County Road Z
Onalaska, WI 54650 (after the end of February, 2015)
VENDOR NO: 0000295026
Contract Release 16 (08/14)
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Contract Release: H-90(5)
POINT OF CONTACT TO PLACE ORDERS: Mike Hodgins
POSITION TITLE: Logistics Manager
Office: 608.781.4030, Toll Free: 877.781.4030, Fax: 608.782.3073
Email: mhodgins@dynamicrecycling.com
All email requests for service should be directed to: statemn@dynamicrecycling.com or can be called in toll free at
(877) 781-4030.
POINT OF CONTACT TO EXPEDITE ORDERS: Patrick Ferry
POSITION TITLE: E-Recycling Sales Executive
Office: 608.781.4030; Toll Free: 877.781.4030, Fax: 608.782.3073; Email: pferry@dynamicrecycling.com
DYNAMIC RECYCLING’S TWIN CITY DROP OFF LOCATION.
Opportunity Distributing, Inc.
810 South 1st Street, Suite 120
Hopkins, MN 55343
(952) 936-0221
Contact: Betty Millen
bmillen@odiguys.com
Hours of Operation: Monday – Friday 8:30am to 5:00pm
There shall be no drop-off charge for Contract Users to drop off electronics at the Contractor’s facility.
MP LLC (MPC)
12300 Pilot Knob Road
Mendota Heights, MN 55120
As of May 8, 2015, MPC doesn’t meet the Contract Requirements.
CONTRACT USERS. This Contract is available to State agencies, and Cooperative Purchasing Venture (CPV)
members.
STATE AGENCY CONTRACT USE. This Contract must be used by State agencies unless a specific exception is
granted in writing by the AMS listed above
STATE AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor. State
agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should
include his or her name and phone number. Orders may be submitted via fax.
CONTRACT FEEDBACK. If these commodities or service can be better structured to help you with your business needs,
let us know. We solicit your comments and suggestions to improve all of our contracts so that they may better serve your
business needs. If you have a need for which no contract currently exists, or you would like to be able to use an existing
state contract that is not available to your entity, whether a state agency or CPV), please contact us. If you have specific
comments or suggestions about an individual contract you can submit those via the Contract Feedback Form.
SERVICE CERTIFICATION FORM REQUIREMENTS. Pursuant to Minn. Stat. § 16C.09, agencies must complete a
“Service Contract Certification Form” prior to issuing an order for services offered from this Contract.
ADDITIONAL COMMENTS. Many parts of computers and electronics are hazardous materials. If improperly disposed
of, these materials may lead to potential large liability for their generators because of federal laws such as the Superfund
(CERCLA) law and can cause damage to the environment. State agencies are to promote the reuse and recycling of
materials according to the Governor’s pollution prevention executive order and the State’s waste hierarchy.
To read a report about the problems computer and electronic waste can cause, specifically with shipping computer and
electronic waste overseas, see “Exporting Harm: The High-Tech Trashing of Asia” at www.ban.org.
In establishing this Contract, State and CPV members have worked to ensure material is responsibly handled. If this
material is reused, however, future users may not dispose of the material properly.
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Be sure to REMOVE ALL IDENTIFICATION TAGS. Also, erase or have erased per the OET standard any memory from
the computers. KEEP ACCURATE RECORDS of waste management of computers and other electronics indefinitely.
REVISIONS:
05/14/2015
01/21/2015
As of May 8, 2015, MPC doesn’t meet the Contract requirements.
The Contract Release is changed as follows: For Dynamic Recycling, their Twin Cities Drop Off location
and upcoming address change are listed and Dynamic’s Recycling’s Mobilization Zone Map is included in
the Contract Release. The Additional Comments section is added to page 3.
SPECIAL TERMS AND CONDITIONS
1. SCOPE. This Contract is to provide used electronics management services for various State of Minnesota
departments and agencies and members of the State’s Cooperative Purchasing Venture (CPV) program, on an as
needed basis.
The State reserves the right also to use the current MNSCU contract, or any other cooperative purchasing contract,
whichever it determines to be in its best interest.
PRICES. Prices are firm through the initial period of the contract. After that period, prices may increase once a year.
Price increases are not effective until they are approved by the AMS. NOTE: At no time should the ordering entity pay
more than the Contract price. Agencies must contact the AMS immediately and fill out a Vendor Performance Report if
there is a discrepancy between the price on the invoice and the Contract price.
FREIGHT (FOB). Orders of supplies shall be shipped FOB Destination.
SHIPPING COSTS. Freight costs are prepaid and allowed and are included in the unit price.
SWIFT LINE
1
DESCRIPTION
Recycling
UNSPSC CODE
76122305
CLICK ON LINK
DYNAMIC RECYCLING CONTRACT PRICES
SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS
DEFINITIONS
Acquisition Management Specialist (AMS). The staff member from the Department of Administration, Materials
Management Division (MMD), identified as the contact person, who is responsible for the management of this Contract.
Additional Related Services. Services that the Contractor can provide in addition those specified in the Scope of Work
and on the Price List; and for which the Contractor has provided a price as part of this Contract. Additional related
services are not used in the evaluation leading to the award of the Contract.
Administration Fee. A usage fee to assist with the cost of audits and risk management assessments of Contractor and
subcontractor facilities and transporters, and to administer the Contract.
Agent. A person that is authorized by a State agency or CPV member to direct, acquire and pay for services offered in
accordance with this Contract.
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Audit Committee. A group of Contract Users, and the SAR, who will conduct or direct audits of proposed or authorized
waste management facilities and transporters for use in accordance with the terms of the Contract.
Authorization. The written approval that shall be obtained by the Contractor from the AMS prior to utilizing transporters
and waste management facilities to provide Contract Services.
Best Management Practice. A management method that is considered to be the most environmentally desirable
management method for electronics, components or process residuals.
Cathode Ray Tube (CRT). A vacuum tube, in which a hot cathode emits electrons that are accelerated as a beam
through a relatively high voltage anode, further focused or deflected electrostatically or electromagnetically, and allowed
to fall on a fluorescent screen.
Circuit Boards. Electrical equipment panels consisting of fiberglass, a paper and epoxy blend, or other inert material and
electrical conductors, traces, or foils.
Code of Federal Regulations (CFR). The codification of the general and permanent rules published in the Federal
Register by the executive departments and agencies of the Federal Government.
Collection. The aggregation of electronics from the place at which they are generated and includes all activities up to the
time the electronics are delivered to the primary processing facility.
Collection Facility. Location or facility at which electronics are collected or consolidated for less than 24 hours prior to
transport to the primary processing facility.
Collection Site. Site at which the Contractor will provide electronic collection services.
Collection Site Operator. Contract User that operates a site for collection of electronics.
Commodity. Anything that is useful or can be turned into commercial advantage. An article of trade or commerce that
can be transported.
Components. Parts resulting from the demanufacturer of electronics; e.g. hard drives, fans, CRT tubes and power
supplies.
Contract Service. Service provided by the Contractor as described in the Contract and in accordance with the terms,
conditions and specifications of the Contract document.
Contract User. Any department or agency of the State of Minnesota (State), or a Cooperative Purchasing Venture (CPV)
member, which requests goods or services to be provided by the Contractor per the conditions of this Contract.
Contractor. The person or entity that enters into this Contract with the State to provide goods or services.
Covered Electronic Devices (CEDs). Include "video display devices" (VDDs), computers, peripherals (includes
keyboard, printer, or any other device sold exclusively for external use with a computer that provides input or output into
or from a computer), facsimile machines (FAX), DVD players, and video cassette recorders (VCRs).
Demanufacture. The process of disassembling end of life products to recover the valuable components and separate the
other components into waste streams for proper management.
Designated Contact Person (DCP). The staff person from a State department, agency, facility or institution, or CPV
member who has authority to request and pay for services in accordance with the Contract.
Disposal and Dispose. For the purposes of this Contract, means the placement of any waste material or process
residuals into a permitted RCRA subtitle C or D landfill or into a RCRA permitted incinerator. Disposal or dispose does not
mean spills, leaks, releases, or any other method that allows a waste material or process residual or any constituent
thereof to be illegally released into the air, land or water. In addition, deep well injection of waste materials is not permitted
under this contract.
Electronics. Devices containing complex circuitry, circuit boards and/or signal processing capabilities for processing
and/or displaying information. These devices are environmentally hazardous due to the toxic metals or other materials
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present in the solders, coatings, glass and other substances they contain. Used electronics may include but are not
limited to computers and computer peripherals and laboratory, communications, audio, video and office equipment.
Electronic Component. A part of an electronic device that may be collected or generated by Contract Users or the
Contractor, which may include, but is not limited to: disk drives, fans, printed circuit boards, wire and CRTs.
End of Life. Obsolete for intended purpose; no longer useful or needed for designated function.
Event Collection Site. Sites where, for one, two or more days (usually includes weekends) electronics are collected,
consolidated, and prepared for transportation to a primary processing facility.
Facility. Collection, end market, processing, storage, or waste management facility.
Feedstock. Material supplied to a process, machine or processing facility.
Generation. The act or process of producing waste.
Generator. Any person who generates waste.
Household. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit
located in this state who has used a video display device or other electronic device at a dwelling unit primarily for personal
use.
Packaging. A container and any appurtenant material that provides a means of transporting, marketing, protecting, or
handling an item. Packaging includes pallets and packing such as blocking, bracing, cushioning, weatherproofing,
strapping, coatings, closures, inks, dyes, pigments, and labels.
Primary Processing Facility. The facility to which the electronics managed under this Contract are initially delivered for
processing.
Processing. The treatment of waste after collection and before disposal. Processing includes but is not limited to
evaluation, demanufacturing, refurbishing, reduction, separation, resource recovery, sintering, smelting, and physical,
chemical, or biological modification.
Processing Facility. Facility where electronics are processed to capture usable electronic products and components and
other materials (ICs, wire, base and precious metals, plastics, glass, etc.) and remove any hazardous components and
constituents. Captured products, components, materials, and hazardous and nonhazardous wastes generated from
processing electronics and components are sent off-site to end market or waste management facilities.
Process Residuals. The material that remains after the process of demanufacture, refurbishment or recycling has taken
place. Process residuals generally represent materials that are sent to end markets where no further processing takes
place; e.g., scrap metal, plastics, wire, glass and batteries..
Reclamation. The processing or regeneration of a waste to recover a usable product; e.g., the recovery of integrated
circuit chips and copper from waste printed circuit boards.
Recycling. The process of collecting and preparing electronics for use in manufacturing processes or for recovery of
usable materials, followed by delivery of such materials for use. Recycling does not include the destruction by incineration
or other process or land disposal of recyclable materials nor reuse, repair, or any other process through which electronics
are returned to use for households in their original form.
Refurbishment. The repair, reconditioning or upgrading of an end-of-life product or component for the purpose of
equipment reuse. Refurbishment of end-of-life electronics includes replacement of components or parts that are part of a
larger piece of electronic equipment, aesthetic improvements, such as polishing and removal of scratches, and upgrading
of the equipment by installation of new operating systems, memory, or software.
Recordable Media. Various grade thermoplastics from post-consumer audio and video equipment used to record
information, including plastic waste such as DVDs, CDs, VHS tapes, pen drives, media storage cards.
Resource Recovery. The reclamation for sale, use, or reuse of materials, substances, energy, or other products
contained within or derived from waste.
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Reuse. Employing a waste as an ingredient in a process to make a product or as an effective substitute for a commercial
product, provided that distinct components of the waste are not recovered as end products.
Seven County Metro Area. The Seven County Metro Area includes the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
Smelter. Facility where metal containing ores and/or secondary materials are heat-treated to separate and recover the
metallic constituents.
State Authorized Representative (SAR): The staff person from the Minnesota Pollution Control Agency to whom
requests concerning the authorization of facilities and transporters may be made.
Storage Facility. Facility where electronics are accepted in accordance with this Contract and stored without processing
for greater than 24 hours.
Subcontractor. A person or entity hired by the Contractor to provide goods or services for the Contractor.
Surplus Services. The Fleet and Surplus Division is a division of the Minnesota Department of Administration from
which approval for the appropriate method of disposal of equipment must be obtained in accordance with State law.
Transportation. The movement of cargo by air, rail, highway, or water.
Transporter. A person engaged in the off-site transportation of electronics managed in accordance with this Contract.
Transport Vehicle. A motor vehicle, watercraft, or rail car used for the transportation of cargo by any mode. Each cargocarrying body, such as a trailer or railroad freight car, is a separate transport vehicle.
Universal Waste Rule. Streamlined federal hazardous waste management regulations (40 CFR 273) that govern the
collection and management of certain widely generated wastes identified as universal wastes. Universal wastes are any of
the following hazardous wastes: (a) batteries as described in 40 CFR 273.2; (b) pesticides as described in 40 CFR 273.3;
(c) thermostats as described in 40 CFR 273.4; and (d) lamps as described in 40 CFR 273.5 (effective January 6, 2000).
The federal Universal Waste Rule was adopted as Minnesota Rules, Chapter 7045.1400.
Value Enhanced Commodity. A process residual that has been further processed to achieve particular quality
characteristics that add end-user value. Capturing the added value from processing this material typically depends upon
having a contract or agreement with an identified end-user rather than relying on the commodity market.
Waste. Any solid, liquid, semi-solid, or gaseous material, resulting from industrial, commercial, mining, or agricultural
operations, or from community activities, and which:
a. Is discarded or is accumulated, stored, or physically, chemically, or biologically treated prior to being discarded; or
b. Is recycled or is accumulated, stored, or treated prior to being recycled; or
c.
Is a spent material or byproduct.
Waste Management. Activities that are intended to affect or control the generation of waste and activities that provide for
or control the collection, processing and disposal of waste.
Waste Management Facility. A facility that accepts, processes, and/or acts as a final repository for wastes accepted
from processing facilities in accordance with this Contract. Deep injection wells are considered unacceptable as
electronic, component and process residual management facilities under this Contract.
Waste Material and Process Residual Management Plan (Plan). The equipment disposition process plan submitted by
the Contractor, including the listing of the facilities and transporters and the approval by the State. This Plan may be
modified as provided by the Special Terms, Conditions, and Specifications.
1. Background. There are two types of waste electronics to be managed under this contract: those generated by
households and those generated by businesses. Contract users may generate either type, but will not comingle them
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prior to management by the Contractor. For example, a county may collect electronics generated from households at
a county run facility, and they may also generate electronics from their offices.
2. Minnesota Electronics Recycling Act. Qualified responders should be familiar with the requirements of
Minnesota’s Electronics Recycling Act found at Minn. Stat. §§115A.1310 to 115A.1330. The Minnesota law requires
manufacturers of video display devices (VDD) to accept responsibility for the collection and recycling of video display
devices (VDDs) from households. The definition of video display devices (VDD) is a television or computer monitor
greater than 9 inches when measured diagonally. Covered electronic devices (CED) are consumer electronics that
can be collected, recycled, and sold as pounds to meet manufacturer recycling obligation. CEDs include "video
display devices" (VDDs), computers, peripherals (includes keyboard, printer, or any other device sold exclusively for
external use with a computer that provides input or output into or from a computer), facsimile machines (FAX), DVD
players, and video cassette recorders (VCRs). CEDs are a line item on the Price List. Any changes to these
definitions during the term of the Contract resulting from this Solicitation will be effective on the date specified in the
legislation and will be reflected in the following contract amendment.
Many contract users are registered collectors of covered electronic devices in Minnesota. The Act encourages public
entities to work with electronics manufacturers to assist them in meeting their recycling obligations under the law. The
State is in search of qualified electronics recyclers to manage both CED and non-CED electronics collected or
generated by contract users on an as-needed basis and according to the guidelines set forth in the Solicitation.
Information concerning the Minnesota Electronics Recycling Law, administered by the Minnesota Pollution Control
Agency (MPCA) can be found at the following MPCA link: www.pca.state.mn.us/electronics .
3. Contract Usage Limitation. Contract users shall not use any Contract awarded from this Solicitation for services
that are not listed on the Contract Price List. The terms and conditions of this Solicitation shall not apply to services
offered or requested that are not listed on the Price List.
4. Adding Additional Related Services. After award of the Contract, the State, with mutual agreement of the
Contractor, reserves the right to add additional related services to the Contract through a fully executed amendment.
5. Surplus Services. When agencies of the State of Minnesota have property they no longer need, they are required to
contact the Fleet and Surplus Division of the Minnesota Department of Administration to obtain approval for the
appropriate method of disposal in accordance with State law. The Fleet and Surplus Division Surplus Services will
direct the transfer of workable used computers to other State agencies, to local units of government and other eligible
donees as described in federal law. If the property is deemed not appropriate for transfer, the Fleet and Surplus
Division will advise the agency that owns the equipment to dispose of it in an environmentally safe manner.
6. Administrative Personnel Changes. The Contractor must notify the AMS of changes in the Contractor’s key
administrative personnel, in advance and in writing. Any employee of the Contractor, who, in the opinion of the State
of Minnesota is unacceptable, shall be removed from the project upon written notice to the Contractor. In the event
that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract
Responder shall have 10 working days in which to fill the vacancy with an acceptable employee.
7. Contractor Personnel and Project Management. If the need arises to add to or remove any of the Contractor’s key
personnel named in the Response to the Required Submittals part of the Solicitation, whether permanently or
temporarily, the Contractor must provide written notification two weeks in advance to the SAR. This notice is only
required if the change is for more than 10 consecutive work days excluding normal vacation leave. If the Contractor is
adding personnel, the written notification should include the proposed individual’s name and his or her resume. If the
SAR does not approve the proposed change(s), the SAR will respond in writing within two weeks.
8. Brand Sort. The State reserves the right to add a line item to any Contract awarded as a result of this Solicitation for
a brand sort, which may include an assessment of electronics received for processing by item type, manufacturer,
quantity, weight, etc.
9. Indemnification, Hold Harmless and Limitation of Liability. The Contractor shall indemnify, protect, save and hold
harmless the State, its representatives and employees, from any and all claims or causes of action, including all legal
fees incurred by the State arising from the performance of the Contract by the Contractor or its agents, employees, or
subcontractors. This indemnification does not include liabilities caused by the State’s gross negligence or intentional
wrongdoing of the State. This clause shall not be construed to bar any legal remedies the Contractor may have with
the State’s failure to fulfill its obligations pursuant to the Contract.
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In addition, the Contractor shall also indemnify, protect, save and hold harmless the State, its representatives and
employees, from any and all claims or causes of action, including all legal fees incurred by the State arising out of any
pollution, environmental damage or adverse effects on the environment or impacts to human health related to the
waste materials and process residuals after acceptance of the waste materials, or while waste materials are in the
possession of the Contractor, its agents, employees, or subcontractors.
Liability under MERLA.
a. When performing work under the Contract for the State when the State is acting pursuant to Section 115B.17 of
the Minnesota Environmental Response and Liability Act (MERLA), the Contractor that is not otherwise
responsible for a release or threatened release of hazardous substances or pollutants or contaminants is
considered to be a contractor that is performing response actions in accordance with a plan approved by the
Commissioner, for purposes of Minn. Stat. § 115B.03, subd. 10.
b. When performing work under the Contract for the State when the State is acting:
i.
ii.
pursuant to Section 115B.17 of MERLA, or
in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR 300),
promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to 42 U.S.C. § 9605 of the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with respect to any
release or threatened release of a hazardous substance, the Contractor is considered to be engaged in acts
taken or omitted in preparation for, or in the course of rendering care, assistance and advice to the
Commissioner or the Agency for purposes of Minn. Stat. § 115B.04, subd. 11, and, in the event a third party
claims injury or damages resulting from acts or omissions arising from performance of the Contract, the
defense provided under Section 115B.04, subd. 11, is intended, but not warranted by the State, to be
available to the Contractor and the State as a defense to MERLA liability claims. The provisions of the
Liability under MERLA paragraphs are intended, but not warranted by the State, to include subcontractors
approved by the State.
Liability under CERCLA: To the extent that the Contractor meets the definition of a “response action contractor”
under 42 U.S.C. § 9619(e) of CERCLA, it is intended, but not warranted by the State, that the Contractor be exempt
from liability under CERCLA or other federal law as is provided in 42 U.S.C. § 9619. Furthermore, 42 U.S.C. § 9619
provides the President with discretionary authority to indemnify response action contractors for releases of
hazardous substances or pollutants or contaminants arising out of negligence in the course of Superfund work. No
indemnification by the State is created by the Contract. The term “response action contractor” is intended, but not
warranted by the State, to include subcontractors approved by the State.
The duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law. No action or failure to act by the State or the Contractor shall constitute a waiver of any right or duty afforded
any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence
in any breach thereunder, except as may be specifically agreed in writing.
10.
11.
Laws and Regulations. Any and all services, articles or equipment offered and furnished shall comply fully with all
state and federal laws and regulations, including, but not limited to, Minn. Stat. Ch. 16C and Minn. Stat. § 181.59
and Minn. Stat. Ch. 363A prohibiting discrimination and business registration requirements of the Minnesota
Secretary of State’s Office.
Ownership of Waste Materials. Ownership of waste materials shall pass from the Contract User to the Contractor
as follows: (a) if the Contractor provides transportation, upon the Contractor’s initial handling of waste materials; (b)
if the Contract User, or its agent provides transportation, upon acceptance of waste materials at the Contractor’s
facility.
12.
Contract User Not Liable. When waste materials are processed and/or recycled by the Contractor or the
Contractor’s subcontractors, the Contract User shall not be liable for releases of hazardous substances, pollutants,
or contaminants occurring a) during or after processing, or b) from process residues or by-products.
13.
Litigation Responsibilities. The State may request the assistance of the Contractor as part of active civil and/or
criminal investigations. If such assistance is requested, the Contractor agrees to notify the requester of any
potential or actual conflict of interest. Further, the Contractor agrees to not enter into a conflict of interest position
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during the course of any subsequent legal or administrative action(s), unless otherwise approved by the appropriate
agency and by the attorneys assigned to the case by the State. The Contractor shall, upon request, provide factual
and expert testimony on behalf of the State in proceedings involving its work under this Contract.
The Contractor agrees to provide consultation regarding issues related to a case and to serve as trial witnesses, if
necessary. No work undertaken by the Contractor in the preparation for any legal or administrative actions shall be
disclosed without the prior written consent of the attorney(s) assigned to the case by the State. Contractor's
reimbursement for such work may include reasonable expenses, including mileage and per diem, as determined by
the current State of Minnesota Commissioner’s Plan. The labor rates listed on the Price List will apply.
14.
Damages. The Contractor acknowledges that damages may be incurred by the Contract Users due to delays or
other actions or inactions by the Contractor in providing Contract services. These damages are in addition to any
remedies available under this Contract. Damages may include, but are not limited to, the following:
Costs for storage and/or labor associated with preparing waste materials for shipment if the Contractor cannot pick
up waste materials as requested by the Contract User in accordance with the Contract;
Administrative costs and loss of productivity in locating an alternate Contractor or source for services;
Fines and/or penalties assessed to the Contract User if waste materials are not removed from the collection site
within the regulatory timeframe;
Fines and/or penalties assessed to the Contract User related to the improper or inadequate provision of Contract
Services, including, but not limited to, completion of the shipping papers or manifests, completion of land disposal
ban forms, container labeling and marking, or container management;
Costs for waste materials managed at unauthorized facilities. Contract Users are not responsible for management
or transportation costs when waste materials are managed at unauthorized facilities. The Contractor is responsible
for the costs incurred to recover waste materials from unauthorized facilities and the cost to redirect the waste
materials to authorized facilities;
If the Contractor fails to provide Contract Services as provided in the written work order for the service(s), and if the
cost of the goods or services purchased from other sources on the open market exceeds the cost of such goods or
services under this Contract, the Contractor, at the Contract User’s option, shall pay the actual difference to the
Contract User;
The Contractor agrees that the Contract Users shall have the right, in addition to other remedies, to liquidate such
damages through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by
direct billing of the Contractor.
15.
Waste Materials Characterization. Except to the extent that the Contractor packages and prepares the waste
materials for shipment, the Contract User or its agent represents that the waste materials that are loaded and
removed shall be the waste materials defined and characterized by the Contract User or its agent. If the waste
materials are packaged by the Contract User or its agent, such waste materials shall be prepared for shipment and
packaged in containers specified by the then current and applicable regulations.
16.
Waste Materials Description. The Contractor has the right to reject any shipment of waste materials that does not
conform to the description provided by the Contract User, or its agent, or if any waste materials do not meet
Contractor’s permit requirements. The Contractor shall notify the Contract User of such rejection and shall assist the
Contract User in determining and arranging alternate management methods for the rejected waste. If waste
materials are nonconforming and/or rejected, the Contract User shall pay reasonable charges incurred by the
Contractor for management actions approved by the Contract User, for an amount not to exceed $5,000.00.
CONTRACTOR REQUIREMENTS AND QUALIFICATONS
1.
Statewide Service. The Contractor must provide for collection and management of all types of electronics
generated by Contract Users throughout the entire State of Minnesota.
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2.
Registered in Minnesota as a Recycler. Under Minnesota’s Electronics Recycling Act, the Contractor must be
registered in the State of Minnesota as a recycler (registration due annually on July 15th).
The Contractor must adhere to Minn. Stat. §115A.1318, subd. 2.
3.
Certifications.
NAID® Certified.
a. Pursuant to the State of Minnesota Information Bulletin, OET Enterprise Security Information Sanitization and
Destruction Standard, dated June 1, 2010 (Attachment B), the Contractor must be certified by the National
Association for Information Destruction, Inc. (NAID®) for all electronics management it handles under this
Contract. The Contractor must be NAID® certified for Computer Hard Drives Sanitization Operations including
Physical Hard Drive Destruction, and for Non-paper Media destruction, and/or Electronic Media destruction. The
Contractor must follow all NAID® certification criteria requirements. All costs associated with the required
NAID® certification are the responsibility of the Contractor.
If any additional NAID® certifications become available for services provided by the Contractor under this
Contract, the Contractor must obtain the additional NAID® certification.
b. The State desired that a Responder have the Contractor required NAID™ certifications at the due date and time
of the response. However, a Responder can have up to a year from the due date of responses to get NAID®
certified and then receive a contract NAID™ Certified.
The Contractor must possess during the entire Contract period at least one of the following two certifications for
environmental management of electronics wastes:
BAN e-Stewards Certification
R2 Certification
4.
Mandatory Contractor Requirements.
a. The Contractor warrants it is qualified to perform the services hereunder and will do so in a safe and
professional manner and in compliance with all governmental laws, rules, regulations, ordinances and orders.
b. The Contractor `warrants it understands and shall diligently manage the risks presented to persons, property,
and the environment in the handling, transportation, storage, treatment, and disposal of wastes to be managed
pursuant to the Solicitation.
c.
The Contractor shall supervise and direct the work of the Solicitation using the best skill and attention.
d. The Contractor, and any subcontractors employed by the Contractor, shall secure and maintain for the life of
the Contract, and any subsequent extensions, all permits, licenses, insurance, certificates, approvals, fees,
duties, and inspections necessary for the execution, performance of services hereunder.
e. The Contractor shall implement engineering controls or work practices that ensure there is no property damage,
contamination of work area or exposure to employees or other persons. If applicable, the Contractor shall
provide and prominently display warning devices and signs.
f.
The Contractor shall promptly remedy damage or loss to property caused in whole or in part by the Contractor,
or subcontractor, or anyone directly employed by any of them, or by anyone for whose acts any of them may be
liable.
g. For any incident of personal injury, property damage or release to the environment, the Contractor shall provide
written notification to the Contract User that describes the incident and any corrective actions taken. When
requested by the Contract User, the Contractor shall participate in evaluation and resolution of the incident.
h. The Contractor warrants that all goods and services furnished under this Contract are in conformance with the
requirements and that goods are of merchantable quality and fit for the purpose for which they are sold. This
warranty is in addition to any manufacturer’s standard warranty that may apply or any warranty provided by law.
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5.
i.
The Contractor shall correct any failure to conform to the terms, requirements and conditions within the time
frame agreed to in written notification from a Contract User or the AMS. If the issue cannot be corrected to the
satisfaction of the Contract User, written notice of the issue shall be provided to the AMS.
j.
Contractor shall have a “no scavenging” policy for their employees and subcontractors.
Subcontractors - Authorized Transporters, Facilities and Labor Subcontractors
a. All terms of the Contract apply to Authorized Facility, Transportation, and Labor Subcontractors.
b. The Contractor shall be responsible for the compliance of its subcontractors in meeting the terms and conditions
of the Contract Documents, with the Contract insurance requirements, and with all applicable federal, state, and
local laws, rules, regulations and ordinances.
c. The Contractor shall be fully responsible for all arrangements for subcontractors and for all payments to
subcontractors.
d. No subcontractor may be used without prior written authorization by the State in accordance with the Contract.
Failure to notify the State may result in cancellation of the Contract in accordance with the General Conditions.
e. The Contractor shall utilize the services of a subcontractor recommended by the Contract Users pursuant to a
mutual decision between the State and the Contractor. The Contractor shall not be required to use a
subcontractor recommended by Contract Users if the Contractor demonstrates that the recommended
subcontractor cannot perform the required tasks(s), or that there are other compliance or safety-related
concerns.
f. Notwithstanding approval of the State, no subcontractor shall serve to terminate or in any way affect the primary
legal responsibility of the Contractor for timely and satisfactory performance of the obligations contemplated by
the Contract.
6.
Staffing Levels and Communication. The Contractor must be able to provide the staffing levels necessary to
service the needs of Contract Users and to perform the work required. The Contractor(s) shall employ sufficient,
knowledgeable staff to meet Contract service requirements. The Contractor shall have an employee who is able to
communicate with Contract User personnel regarding tasks and specific requirements of the Contract available at
all times. For pickup and shipping of waste material, the Contractor shall prepare shipping papers and markings in
English in compliance with the shipping requirements of 49 CFR Part 172.201(a)(2), 49 CFR Part 172.304 (a)(1)
and 49 CFR Part 177.817.
7.
Health and Safety of Employees. The Contractor shall be solely responsible for the health and safety of its
employees and subcontractor’s employees in connection with the services performed in accordance with this
Contract. The Contractor shall maintain all required Health and Safety Plans, which shall meet all applicable laws,
regulations, rules, standards, and ordinances. The Contractor shall ensure that all of the Contractor’s employees,
including those of all subcontractors, have received all of the training and monitoring required to properly and safely
perform Contract services. Such training and monitoring includes, but is not limited to, all applicable sections of the
State and Federal Occupation, Safety and Health Administration (OSHA) laws, Superfund Amendments and
Reauthorization Act (SARA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
and Resource Conservation and Recovery Act (RCRA). Further, the Contractor shall provide all employees with
necessary personal protective equipment, such as special clothing and head, respiratory, eye, hand and foot
protection. At the request of the Contract Users, the Contractor shall provide copies of training records for staff that
perform Contract Services.
8.
Waste Management Capabilities. The Contractor shall manage the State and CPV members’ waste materials and
process residuals in a manner that best protects or preserves the nation’s land, air, water, and other natural
resources and the public health; that minimizes the State’s potential liability; and which is appropriate to the
characteristics of the waste material or process residual.
9.
Transportation Equipment. The Contractor shall provide transportation equipment that can accommodate the
various transportation options. It is anticipated that some Contract Users will not have loading docks at their
location so trucks with lift gates may be needed for pickups at these sites.
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10.
Responsiveness. The Contractor shall have 10 days following commencement of the Contract to establish a
primary and secondary contact to provide direct and timely service and invoice information to the Contract Users
and a toll free number, a fax number and e-mail capabilities for use by Contract Users for Contract related inquiries.
Business calls and e-mail from Contract Users shall be returned by the Contractor within one business day.
11.
Compliance. The Contractor shall comply with all applicable laws, regulations, rules, standards and ordinances of
the states and countries through which waste materials and process residuals are transported, processed, stored,
recycled, blended for fuel, treated, burned as fuel and disposed.
SCOPE OF WORK
PURPOSE. In the course of carrying out their statutory duties, departments and agencies of the State of Minnesota
(State) and its Cooperative Purchasing Venture (CPV) members generate or collect electronics. These electronics are
generated from governmental, commercial, residential, and institutional sources. The Contractor will provide electronics,
components, and process residuals recycling and disposal services in a manner that will maximize recycling and
appropriate management at a reasonable cost to the State and CPV members. The Contract is to minimize the State, and
CPV members’ liability related to the transportation, management and disposal of electronics, components and process
residuals managed under this Contract.
The Contractor will provide the pickup, transportation, recycling, refurbishment and reuse of used electronics and
components and the recycling or disposal of process residuals or waste generated by the State and CPV members
(Contract Users).
A.
MANAGEMENT AND SECURITY
1.
Data Privacy and Security. The Contractor shall manage all documents and electronic storage media in a manner
that assures data privacy and security as specified in the following paragraphs, and in accordance with this Part, the
Waste Tracking provisions, and the Data Management and Security provisions of this Contract and with all
applicable federal, State, and local laws, rules, regulations, and ordinances.
For State agencies, the Contractor must comply with the State of Minnesota Information Bulletin, MN.IT Services
Enterprise Security Information Sanitization and Destruction Standard, dated June 1, 2010, which sets out the
requirements for data security for storage media. Read the entire standard at:
http://mn.gov/oet/images/SEC_S_Information_Sanitization_and_Destruction.pdf. The MN.IT Services Enterprise
Security Information Sanitization and Destruction Standard is also attached as an Attachment to this Contract
Release. To comply with the Bulletin, the Contractor must be NAID™ certified for the services supplied.
The Contractor shall immediately report to the Contract User any release of confidential information or breach of
security which may have resulted in such a release the Contractor becomes aware of, related to data destruction
requests made by the Contract User.
2.
State Confidential Documents Storage/Disposal Requirements. Pursuant to Minn. Stat. § 138.17, subd. 7, the
State of Minnesota is obligated to ensure proper disposal of confidential, private, nonpublic and protected nonpublic
documents as defined by the Data Privacy Act, Minn. Stat. Ch. 13. Pursuant to Minn. Stat. § 13.05, subd. 5b,
“when not public data is being disposed of, the data must be destroyed in a way that prevents its contents from
being determined.” Where applicable, if the State contracting party is part of the judicial branch, the State is
obligated under Rule 10 of the Rules of Public Access to Records of the Judicial Branch promulgated by the
Minnesota Supreme Court to ensure that the Contractor does not disclose to any third party any information that is
not accessible to the public under the Rules of Public Access to Records of the Judicial Branch. The Contractor
shall guarantee that upon receipt, the recyclable confidential, private, nonpublic and protected nonpublic documents
(and where applicable, documents that are not accessible to the public under the Rules of Public Access to Records
of the Judicial Branch) shall be transferred and stored in a manner that will ensure confidentiality up to the time that
the data contained in the documents is destroyed.
3.
Security Requirements for Federal and State Tax Documents. The Contractor shall comply and assume
responsibility for compliance by its officers and employees with the following requirements from IRS
publication 1075.
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a. Performance
In performance of this Contract, the Contractor agrees to comply with and assume responsibility for compliance
by his or her employees with the following requirements:
(1) All work will be performed under the supervision of the Contractor or the Contractor's responsible
employees.
(2) Any federal tax returns or return information (hereafter referred to as returns or return information) made
available shall be used only for the purpose of carrying out the provisions of the Contract. Information
contained in such material shall be treated as confidential and shall not be divulged or made known in any
manner to any person except as may be necessary in the performance of this contract. Inspection by or
disclosure to anyone other than an officer or employee of the contractor is prohibited.
(3) All returns and return information will be accounted for upon receipt and properly stored before, during,
and after processing. In addition, all related output and products will be given the same level of protection as
required for the source material.
(4) No work involving returns and return information furnished under the Contract will be subcontracted
without prior written approval of the IRS.
(5) The Contractor will maintain a list of employees authorized access. Such list will be provided to the agency
and, upon request, to the IRS reviewing office.
(6) The agency will have the right to void the Contract if the Contractor fails to provide the safeguards
described above.
b. Criminal/Civil Sanctions
(1) Each officer or employee of any person to whom returns or return information is or may be disclosed shall
be notified in writing by such person that returns or return information disclosed to such officer or employee
can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such
returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable
upon conviction by a fine of as much as $5,000.00 or imprisonment for as long as five years, or both, together
with the costs of prosecution. Such person shall also notify each such officer and employee that any such
unauthorized future disclosure of returns or return information may also result in an award of civil damages
against the officer or employee in an amount not less than $1,000.00 with respect to each instance of
unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431and set forth at 26
CFR 301.6103(n)-1.
(2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall
be notified in writing by such person that any return or return information made available in any format shall
be used only for the purpose of carrying out the provisions of this contract. Information contained in such
material shall be treated as confidential and shall not be divulged or made known in any manner to any
person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone
without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of
as much as $1,000.00 or imprisonment for as long as one (1) year, or both, together with the costs of
prosecution. Such person shall also notify each such officer and employee that any such unauthorized
inspection or disclosure of returns or return information may also result in an award of civil damages against
the officer or employee [United States for Federal employees] in an amount equal to the sum of the greater of
$1,000.00 for each act of unauthorized inspection or disclosure with respect to which such defendant is found
liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection
or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence,
punitive damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and
7431.
(3) Additionally, it is incumbent upon the Contractor to inform its officers and employees of the penalties for
improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1),
which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a
contractor, who by virtue of his/her employment or official position, has possession of or access to agency
records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy
Act or regulations established thereunder, and who knowing that disclosure of the specific material is so
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prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it,
shall be guilty of a misdemeanor and fined not more than $5,000.
(4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the
agency’s security policy and procedures for safeguarding IRS information. Contractors must maintain their
authorization to access FTI through annual recertification. The initial certification and recertification must be
documented and placed in the agency's files for review. As part of the certification and at least annually
afterwards, contractors should be advised of the provisions of IRC Sections 7431, 7213, and 7213A (see
Exhibit 6, IRC Sec. 7431 Civil Damages for Unauthorized Disclosure of Returns and Return Information and
Exhibit 5, IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial
certification and annually thereafter must also cover the incident response policy and procedure for reporting
unauthorized disclosures and data breaches. (See Section 10) For both the initial certification and the annual
certification, the Contractor should sign, either with ink or electronic signature, a confidentiality statement
certifying their understanding of the security requirements.
c. Inspection.
The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of
the Contractor for inspection of the facilities and operations provided for the performance of any work under
the Contract. On the basis of such inspection, specific measures may be required in cases where the
contractor is found to be noncompliant with Contract safeguards.
4.
Data Destruction Services. The Contractor shall, unless instructed otherwise by the Contract User, provide the
following data destruction services:
a. For electronics and components that are processed for recycling:
•
Check for, remove and physically destroy all recordable media in accordance with the OET standard
contained as an Attachment to the Contract Release.
b. For electronics and components that are processed for refurbishment or reuse:
•
•
•
Remove all Contract User identification tags from items.
Check for, remove and physically destroy all recordable media.
Sanitize all hard drives and other built in data storage in accordance with the OET standard listed
above.
5.
Certificate of Data Destruction. The Contractor shall provide each Contract User with a signed certificate of data
destruction or sanitization that shows the date that the media or data containing electronic devices were destroyed
or sanitized for each such media or device. The certificate of data destruction or sanitization shall accompany the
invoice to the Contract User. .
6.
Asset Reporting - Records With Make/Brand, Model, and Serial Numbers. If e-waste with hard drives or data
storage devices are refurbished for re-use, at the Contract User’s request, the Contractor must provide records with
make/brand, model, and serial numbers to the Contract User which provided the equipment certifying the hard
drives or data storage devices were sanitized, or other media destroyed. This is a line item on the price list.
B.
CONTRACT ACCESS, SERVICES AND WASTE MANAGEMENT
1. Work Orders. The Contractor shall not perform any work for a Contract User without the approval of its Designated
Contact Person (DCP) or personnel authorized by the DCP to issue work orders.
Verbal work orders by a Contract User shall be followed by a written confirmation from the Contract User (if required
by the Contract User) of the work order via fax, e-mail or letter within two working days using a standard work order
form approved by the Contract User and the Contractor. The date of the verbal work order shall be considered the
date that the work order is issued, unless a written work order is issued initially.
2. Mobilization and Transportation. The Contractor shall provide mobilization and transport services in accordance
with the requirements set forth below.
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a. Mobilization. The Contractor shall have the ability to mobilize a vehicle, supplies and staff to a Contract User’s
site anywhere in the State of Minnesota to perform on-site services, deliver supplies, or pick up electronics for
transportation to a processing facility. Mobilization fees shall be set forth the Contractor’s Price List. Mobilization
fees shall be assigned for each zip code area indicated on the map in the Mobilization Zone Map.
Mobilization service prices shall include all labor, mileage, equipment, tools and other associated costs (e.g.,
per diems) for a single vehicle, transportation-related supplies and appropriate staff to travel to a Contract
User’s site to perform the requested services.
The Contractor shall provide equipment that can accommodate the various mobilization options. For Contract
Users that do not have loading docks at their locations, trucks with lift gates or forklifts shall be provided by the
Contractor at the request of the Contract User.
The Contractor shall pick up electronics Monday through Friday, between 8:00 a.m. and 4:30 p.m., unless prior
arrangements are made and approved by the Contract User. The Contractor shall meet the scheduled
mobilization timeline of the Contract User or return another day.
Truckload Mobilization. Contract Users may request that the Contractor transport electronics from Contract
User’s location to the processing facility or Contractor’s collection facility via a dedicated, truckload shipment.
For this Contract, a truckload quantity shall mean 12 or more Gaylord (cubic yard) boxes or equivalent amount
of material. The Contractor must be able to provide 48-foot trailers to handle large volume Contract Users.
If the Contract User’s location is in the seven county metro area, this request must be honored within two
workdays from the time of the request. If the Contract User’s location is outside of the seven county metro area,
this request must be honored within five workdays from the time of the request.
Milk Runs or Less-Than-Load Mobilization. Contract Users may request milk run (less than load)
transportation of electronics from Contract User’s location.
Milk run pickups shall be completed within the time period specified below, unless the Contract User allows the
time period to be exceeded. The Contractor may also contact Contract Users to initiate a milk run.
The Contractor shall coordinate the pickup dates based on the requests from Contract Users and other
customers.
Milk run transportation applies to fewer than 12 Gaylord (cubic yard) boxes or equivalent amount of material
pickup from a Contract User location. Milk run implies that a truck will pick up less-than-load quantities of
materials from several customer locations on a trip.
If the Contract User’s location is in the seven county metro area, a request must be honored within three
workdays from the time of the request.
If the Contract User’s location is outside of the seven county metro area, a request must be honored within 15
workdays from the time of the request.
b. Transportation. The Contractor shall provide transportation for electronic waste from the Contract User’s
location to the processing facility or Contractor’s collection facility in accordance with all State and federal DOT
requirements. If electronics are transported out of state, the shipment must comply with the requirements of all
states the shipment passes through. If the Contractor uses a subcontractor to transport electronics, the
Contractor shall ensure that the subcontractors comply with all State and federal DOT requirements.
The Contractor shall provide electronic and process residual transportation services, which include, but are not
limited to, checking containers, loading, completing paperwork, labeling, placarding and transporting the
electronics from the Contract User’s site to an authorized processing facility, and all subsequent transportation
of electronics, components and process residuals through final disposition. The cost for electronic and process
residual transportation shall be included in the individual waste stream pricing on the Contractor’s Price List.
c. Contract User Transport: Contract Users may transport waste directly to the Contractor’s place of business
(or designated facility). Contract Users may deliver the electronics in their own vehicles or use a transportation
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contractor of their own choice. The Contract User is responsible for completing appropriate shipping papers
when transporting waste in its own vehicles or using a transportation contractor. There shall be no drop-off
charge for Contract Users to drop off electronics at the Contractor’s facility.
The Contractor must be able to accept the dropped off roll-off containers and must have them emptied and
available for pick up within 24 hours.
If the Contractor’s place of business or designated facility is located outside of the seven county metro area, the
Contractor shall provide a drop-off location within the seven county metro area to accept deliveries of
electronics from Contract Users. This drop-off location shall be available during business hours Monday through
Friday each week between the hours of 8:00 a.m. and 4:30 p.m. (excluding holidays).
If the Contractor’s place of business (or designated facility) is located outside the seven county metro area, the
seven county metro area drop-off location must be available for deliveries upon commencement of the Contract.
d. Other Mobilization Services Options. Contract Users may request that the Contractor provide other
transportation options, such as drop or swap boxes, or mail back to support their electronics collection
operations. Pricing for these services should be listed on the Mobilization portion of the Price List.
A swap box is a trailer, semi trailer or uncovered roll-off placed at a Contract User’s location. When the box is
full it is transported away and an empty box is brought in as a replacement. Removal of the full container and
re -spotting of an empty container shall be included in the service.
A drop box is a trailer, semi trailer, or uncovered roll-off placed at a Contract User’s location. When the box is
full or a given time period has elapsed, the box is transported away.
Delivery via common or private carrier. A Contract User may deliver small electronics via private or common
carrier to the Contractor’s processing facility. The Contract User is responsible for all delivery costs. The
contractor shall charge the rate listed in the Price List to process the items received.
e. Shipping Documents and Labels. The Contractor shall provide and complete all shipping papers, markings
and labels for shipping and storage that are required by law. The Contractor, upon request of the Contract User,
shall accept the labels, markings, shipping papers, and any other transportation related information provided by
the Contract User for shipments from its generator collection sites.
Shipping Papers shall be a uniquely numbered shipping order, bill of lading, manifest or other shipping
document serving a similar purpose that contains the information required by applicable federal, State and local
laws, rules, regulations and guidelines.
The shipping papers must include: 1) the name and address and identification number of the originating site; 2)
the date of the shipment; 3) name and identification of the transporter; 4) description and quantity of each waste
stream in the consignment; and 5) the dated signatures of generator, transporter and receiving facility verifying
the chain of control of the waste materials or process residuals.
Shipping papers are to be signed by an authorized representative of the collection site generating the waste.
A copy of the signed shipping paper must be left with the authorized representative at the collection site.
The description of the consigned waste steam must unambiguously be traceable to waste streams listed on the
Price List and subsequent shipment invoice.
3. Contract User Collection Site Conduct and Protection of Persons and Property
a. The Contractor and any subcontractors shall comply with all operational, collection site safety and health,
emergency contingency, security and any other collection site-specific plan while performing Contract services.
b. The Contractor shall properly attire its staff and subcontractor staff to assure they present a clean and neat
appearance at all times. Staff shall wear a company issued identification badge, which shall be visible at all
times. The employee identification badge shall include the Company’s name; the employee’s first and last name
and picture; and their company identification number, if assigned.
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c. The Contractor shall confine operations at the collection site to areas permitted by law, ordinances, permits and
the Contract documents and shall not encumber the collection site with any other materials or equipment.
d. The Contractor, at all times, shall keep the premises free from accumulation of waste caused by its operations.
e. The Contractor must not maintain outdoor piles of dismantled equipment or parts, unless secondary containment
is provided to prevent dust or runoff to drains.
f. The Contractor must be currently operating out of a commercial facility.
g. The Contractor must allow the State, Contract Users, or their agent the right to inspect the facility without prior
notice during normal business hours.
h. No smoking shall be allowed in any part of a building or in non-designated locations.
i. The Contractor shall at all times enforce strict discipline and good order among its employees and
subcontractors at the collection site and shall not employ any unqualified person or anyone not skilled in the
assigned task.
j. The Contract Users will not tolerate harassment by a Contractor or subcontractor employee against State
personnel, CPV member personnel, Contract personnel, vendors, or the general public at collection sites.
Harassment may include unwelcome or offensive language, gestures, body contact, or any other type of
offensive action.
k. Contract Users reserve the right to reject or remove any Contractor or subcontractor staff. The Contract User
has the right to permanently deny future assignment of a removed staff person to provide any Contract Service.
l. The Contractor shall take all reasonable precautions to ensure the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to employees at the collection site and other persons who may be
affected thereby; the Contractor’s work, materials and equipment to be incorporated therein which are under the
care, custody and control of the Contractor or Contractor’s subcontractors; and other property at the collection
site or property or persons adjacent thereto.
m. For any incident related to the management of Contract waste that impacts human health or the environment on
the Contract Users site, the Contractor shall provide immediate notification to the collection site operator and
written notification to the AMS that describes the incident and any corrective actions taken. When requested by
the collection site operator or the AMS, the Contractor shall participate in evaluation and resolution of the
incident.
n. Unless otherwise agreed to in writing by the Contractor, the Contractor assumes no responsibility with respect to
the suitability or latent defects of the Contract Users’ equipment.
4. Event Collection. Contract Users may request that the Contractor provide equipment and staff to collect, sort, bulk,
categorize, package, and label electronics for transport at event collection sites, with or without the assistance of
State or CPV member staff or staff contracted by them.
The State or CPV member shall notify the Contractor of event collections at least 30 days prior to the event. The
Contractor shall provide the services requested with the 30-day notification.
Waste stream management, labor, supplies and mobilization shall be provided in accordance with the Price List and
the work order requesting the service.
Electronics generated at event collections shall be removed from the collection site at the end of each day, unless
specifically allowed to remain on-site longer by a Contract User in accordance with the work order. If all electronics
cannot be removed from the site by the end of the day, alternative arrangements may be made only with the written
approval of the Contract User. If stored overnight, electronics shall be secured in a manner that prevents
unauthorized access and which shall prevent releases to the environment. Overnight storage not authorized by the
Contract User may be subject to damages in accordance with the language of the Solicitation. The Contract User
shall not be responsible for additional costs incurred by the Contractor to return to the site to complete the
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transportation of all collected electronics from the event collection site. The Contractor shall be responsible for
damages due to the failure of the Contractor to remove all electronics from the site.
a. Event Collection Labor
The Contract User shall establish general job duties in the work order request for on-site labor to assist the
Contractor in securing staff with proper qualifications.
The Contract User may request that the Contractor provide the names, job duties and experience for staff
assigned to provide services. The Contract User shall have final approval of all job duties. The Contract User
shall notify the Contractor to request staff changes if the staff assigned to specific job duties is not acceptable
to the Contract User.
On-site Contractor staff shall be responsible for oversight of its subcontracted laborers, in addition to other
assigned job duties. The Contractor shall maintain for all on-site services a ratio of one Contractor staff
person for no more than three subcontracted laborers.
In the event that the Contractor does not provide the number of staff persons requested by the Contract User,
the Contractor may be subject to damages in accordance with the language of the Solicitation.
b. Per Diem for Event Collections
All Per Diem requests require pre-approval by the Contract User in writing through a purchase order or work
order itemizing the expected charges.
.
Per Diem and lodging expenses will only be covered if the Contractor is greater than 100 miles from the
Contractor’s office.
The Contractor shall be reimbursed for automobile/truck mileage at the current IRS rate.
Meal reimbursement shall be at the rates established in the State of Minnesota Commissioner’s Plan. The
web site address is:
http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&dID=87422. To qualify
for the breakfast costs, the Contractor must leave home before 6:00 a.m. To qualify for dinner costs, the
Contractor must arrive home after 7:00 p.m. With prior notice to the Contractor, Contract Users may require
receipts to be submitted by the Contractor for any meal reimbursement requested by the Contractor. Paid
receipts shall accompany the invoice.
Lodging cost shall be reasonable and billed to the Contract User at the actual cost incurred. The paid receipt
shall accompany the invoice. Lodging costs must be pre-approved by the Contract User.
5. Management. The Contractor shall make and implement all arrangements needed for the timely and proper
recycling, management or destruction of wastes generated or managed by the Contract Users in accordance with
the terms, conditions and specifications of the Solicitation.
Ownership of waste materials shall pass from the Contract User to the Contractor as follows: (a) if the Contractor
provides transportation, upon the Contractor’s initial handling of waste materials; (b) if the Contract User, or its
agent provides transportation, upon acceptance of waste materials at the Contractor’s facility.
When waste materials are processed and/or recycled by the Contractor or the Contractor’s subcontractors, the
Contract User shall not be liable for releases of hazardous substances, pollutants, or contaminants occurring a)
during or after processing, or b) from process residuals or by-products.
The Contractor must take adequate measures from the time the electronics leave the possession of the Contract
User until the time the electronics, components and process residuals are recycled or residuals from processing
are disposed as waste to ensure that no hazardous constituents are released. If a release occurs, the Contractor
shall immediately notify the Contract User and execute plans for recovery of released materials.
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The Contractor shall manage all electronics, components and process residuals in accordance with the
Contractor’s approved Waste Material and Process Residual Management Plan.
Weights of electronics shall be obtained on a scale, approved by the State of Minnesota, Division of Weights and
Measures (or an equivalent State agency if the scale is located in another state), meeting all specifications,
tolerances, and technical requirements as required by State law. The scale shall be inspected annually and
documentation of the inspection shall be presented to the AMS upon request. If the Contract User has a scale that
meets the requirements above, the weight determined from the Contract User’s scale shall take precedence over
the Contractor’s scale.
The Contractor shall manage the State and CPV member’s electronics, components and process residuals in a
manner that best protects or preserves the State's land, air, water, and other natural resources and the public
health; and in a manner appropriate to the characteristics of the waste stream. For the materials managed through
this Contract, the following management methods are listed in order of preference: 1) reuse of electronics,
components or demanufactured items; 2) recycling of electronics, components and process residuals for material
recovery; 3) management of process residuals for energy recovery; 4) incineration of hazardous components or
process residuals that cannot be recycled; and 5) incineration or land disposal of process residuals. The “Best
Management Practices: Example Evaluation for a Computer Monitor,” of the RFP provided an example of best
management practices for a computer monitor.
The State prefers that reuse, refurbishment and recycling techniques be used to the full extent practicable,
recognizing technical and economic feasibility, in an effort to eliminate incineration and land disposal of electronics
and components. See Attachment F, “Example Electronic, Component and Process Residual Best Management
Practice Decision Diagram. Please note Minn. Stat §§115A.1310 to 115A.1330 mandates that all CEDs which
include Video Display Devices sold to manufacturers to meet their statutory obligation be recycled.
Where incineration or land disposal of process residuals is unavoidable, the State requires that consideration first
be given to whether the process residuals have value for energy recovery. For residuals that have value for energy
recovery, but for which energy recovery is infeasible, the State requires that a reasonable case of infeasibility be
made.
The Contractor shall manage all electronics, components and process residuals at facilities that are fully licensed
for storage, recycling, treatment or disposal purposes by all appropriate governing authorities. The Contractor shall
comply with all applicable international, federal, State and local requirements pertaining to the transport,
processing and management of electronics, components, process residuals and enhanced economic value
commodities.
Contract Users will need data privacy and security for electronics, components and process residuals that contain
private, confidential or secret information on various types of data storage media. Contractors shall be NAID™
certified for data destruction and sanitization.
The Contractor must comply with the Minnesota Electronics Recycling Act (Minn. Stat. §§115A.1310 to
115A,1330) and all applicable Minnesota laws and statutes, including disposal bans, when managing household
electronics under this contract.
6. International Markets. The State reserves the right, solely at the State’s option, to allow the processing, use,
reuse, reclamation, or disposal of electronics, components or process residuals outside of Mexico, Canada, or the
United States. This allowance will only be made if the State can, at reasonable cost, assure itself of proper
environmental management and limited environmental risk to Contract Users. Such overseas electronic,
component or process residual management shall be by approval in writing by the AMS of specific electronics,
components or process residuals and of subcontractors and specific overseas locations prior to management of
these materials overseas.
The State prefers that electronics, components and process residuals be processed, reused, recycled or sold
within North America. They may be marketed internationally only in accordance with the Contractor’s approved
Waste Material and Process Residual Management Plan. If, in the future, it is determined that the sale or
movement of the electronics, components or process residuals approved for export threatens or causes damage to
public health or safety or the environment; or if the management method is inappropriate, the State may rescind
the approval allowing the sale or movement of some or all of the electronics, components or process residuals
outside of North America.
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Contract Release: H-90(5)
Contractor due diligence is required with regard to keeping business records that document:
• Compliance with all applicable laws, rules, regulations and ordinances;
• Regulations meeting consignee specifications; and
• Legitimate use.
7. Refurbishment and Reuse. The State prefers that electronic equipment (such as monitors, CPUs, phones)
components or process residuals (such as integrated circuit chips, CRTs, power supplies, drives, keyboards) be
refurbished in the United States, Canada, or Mexico. Refurbished equipment may be sold or donated. Extra points
may be given for demonstrated Contractor programs where they provide free refurbished electronic equipment to
non-profit organizations or public entities.
All shipments of electronics, components and process residuals must be prescreened to meet legitimate
refurbishment specifications. Unscreened shipments for evaluation of refurbishment potential and shipments
containing some refurbishable and some non-refurbishable equipment are not allowed.
For electronics, components or process residuals that are directed to refurbishment or reuse, the State requires
that:
All items in the shipment meet legitimate reuse/refurbishment specifications.
All items in the shipment meet the specifications of the consignee.
All items in the shipment are packaged to preserve the used equipment for refurbishment or reuse; that is, the
packaging protects the used equipment in storage and transport, such that the value of the used equipment,
components or process residuals for refurbishment or reuse is not diminished.
Proper business records are kept that document the transfer of the used electronics, components and
process residuals to the consignee for refurbishment or reuse, including:
• Name and address of consignee;
• Description of shipment, contents, and conformance with consignee product specifications;
• Product specifications of consignee;
• Amount paid for the consigned electronics or components; and
• Transboundary transfer documentation.
The Contractor shall comply with the Data Management and Security provisions of this Contract for all reusable or
refurbishable electronics or components.
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Contract Release: H-90(5)
WASTE PLAN AND AUDITING OF FACILITIES AND TRANSPORTERS
1. Waste Material and Process Residual Management Plan (Plan). The treatment technologies, facilities and
transporters proposed for use by the Contractor shall be listed in the Waste Material and Process Residual
Management Plan submitted by the Responder with its Response to the Solicitation, hereafter “Plan.” The Contractor
agrees to utilize the facilities, transporters and technologies as listed in the Plan. If the Contractor is unable to utilize
the listed facilities, transporters or technologies, a written request to utilize an alternate facility, transporter or
technology must be provided to the SAR. The written request shall include, at a minimum, a completed Plan in
accordance with the Contract and the appropriate Audit Forms. The Contractor shall not utilize an alternate facility,
transporter or technology without the prior written approval of the AMS.
The Contractor must list the names and addresses of the facilities and transporters indicated in the Waste Material
and Process Residual Management Plan and the facilities and transporters must be approved by the State of
Minnesota. If the State does not approve a facility or transporter proposed for use by the Contractor, the State may, at
its sole discretion, allow the Contractor to propose an alternate facility or transporter to provide Contract services.
2. Due Diligence Assessments. The Contractor shall conduct and document due diligence assessments of all
transporters and facilities used to manage waste materials under the Contract. All waste materials shall be managed
only at facilities that meet the terms of the Contract. Records shall be kept that demonstrate that all facilities that
receive waste materials comply with the terms of the Contract.
For a due diligence assessment of any processing, recycling or disposal facility that receives waste materials, the
Contractor shall ensure that:
a. Facilities are fully licensed by all applicable governing authorities.
b. Facilities have a written plan describing the facility’s risk management objectives for environmental, health
and safety performance and compliance and its plan for attaining these objectives.
c.
Facilities take sufficient measures to safeguard occupational and environmental health and safety. Such
measures may be indicated by local, state, national and international laws, rules, regulations, ordinances,
agreements, principles and standards, as well as by industry standards and guidelines.
d. Personnel receive Environmental Health and Safety training.
e. Appropriate measures are taken to protect workers, the general public and the environment from hazardous
dusts and emissions. Such measures may include, but are not limited to, adaptations in equipment design or
operational practices, airflow controls, personal protective devices for workers, pollution control equipment or
a combination of these measures.
f.
Facilities have an up-to-date, written plan for reporting and responding to releases that could impact human
health or the environment, including emergencies such as accidents, spills, fires, and explosions.
g. Facilities have liability insurance for releases, accidents and other emergencies.
h. Facilities complete an Environmental Health and Safety Audit, preferably by a qualified independent auditor,
on an annual basis.
i.
Facilities have an on-going and documented monitoring and recordkeeping program that tracks key process
parameters, compliance with relevant safety procedures, effluents and emissions, and incoming, stored and
outgoing waste materials.
j.
Facilities have adequate plans for closure. The adequacy of closure plans and financial guarantees is
determined by local, state, national and international regulations, agreements, principles and standards, as
well as by industry standards and guidelines, considering the level of risk.
k.
Facilities are financially sound. This may include review of financial information such as audited financial
statements including auditor’s opinion, or audited tax statements for the last four years, or SEC 10K reports,
or other financial information required by the State.
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3. Auditing and Authorization of Facilities, Transporters and Labor Subcontractors. In no case shall the
Contractor use a facility, transporter, or subcontractor without having received a written authorization from the
AMS. The AMS retains the right to disapprove the use, or continued use, of any transporter or facility or any
subcontractor at any time.
The Contractor shall retain and maintain the facilities, transporters and subcontractor labor needed to provide all
Contract services throughout the term of the Contract, or the State may, at its option, cancel the Contract.
Upon request of the State, the Contractor shall provide information for any facility, transporter or subcontractor it
uses or intends to use. This information may include:
a. Copies or summaries of audits conducted by or for the Contractor.
b. Third party or internal audits of Contractor owned facilities;
c. Financial information such as audited financial statements including auditor’s opinion, or audited tax
statements for the last four years, or SEC 10K reports, or other financial information required by the State.
d. A description of the permitted or operational capabilities of the facility, or transporter.
e. Copies of inspection reports and correspondence related to inspections or audits conducted by local, State
and federal regulatory agencies in the past three years;
f. Verification of management of electronics, components and process residuals in accordance with the
approved Waste Material and Process Residual Management Plan;
g. Site sampling and analysis data from monitoring wells, soil sampling and air monitoring, etc.
h. A summary of releases and corrective actions;
i. Transporter safety and violation history;
j. Copies of applicable insurance certificates; and
k. Verification of the use of documented procedures in the laboratory as defined in the laboratory’s quality
assurance manual for the Contractor’s lab or for any laboratory used by the Contractor.
The State, through the SAR, reserves the right to request on its behalf, or on behalf of a member of the CPV, that
the Contractor provide information for periodic review of authorized facilities, or transporters. That information
may include, but is not limited to, updates to the original audit information and the information listed above, as well
as a description of any changes in the permitted or operational capabilities of the facility or transporter. The
Contractor shall provide the requested information within two weeks of the request.
If the Contractor wishes to request authorization of an additional facility, transporter or labor subcontractor, the
Contractor shall contact the SAR. The Contractor shall provide a completed Waste Materials and Process
Residual Management Plan, including an audit form, and any other information requested by the State. The State
may also conduct an on-site audit, in which case the Contractor agrees to authorize access to the site by the
State or its designated representatives. The State may also opt to acquire an audit or financial reports prepared
by an independent third party auditor. The State will review the information collected and make a determination
whether to authorize the additional facility, transporter or labor subcontractor to provide Contract Services.
The Contractor shall not alter the Waste Material and Process Residual Management Plan without prior written
approval from the AMS.
4.
Financial Stability Assessments and Environmental Audits. The State reserves the right to conduct financial
stability assessments of the Contractor or any Subcontractors during the entire Contract term. The State reserves
the right to conduct environmental audits of the Contractor or any Subcontractors during the entire Contract term.
PRICE
1. Contract Prices. Prices shall be firm for the initial term of the Contract.
a. Price Decreases. The Contractor shall notify the AMS of any price decreases and shall apply the discounted
price immediately. Price reductions shall be set forth in a fully executed amendment to the Contract.
b. Price Changes. Price changes may be allowed at the time of Contract extension, upon mutual agreement of the
Contractor and the State. If price changes are requested, at least four months prior to the termination date of the
Contract which is subject to a possible Contract term extension, the Contractor shall submit a revised price list
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Contract Release: H-90(5)
for the Contract prices or the State may request a revised price list. The parties shall negotiate the changes, and
an agreement will be set forth in a formal amendment to the Contract. If the parties do not reach an agreement,
the State may contract with another responder to this Solicitation which has not yet been awarded a Contract.
c.
The prices for electronics management services shall include all costs including, but not limited to, costs related
to:
1) electronic, component and process residual management;
2) empty container management;
3) maintaining waste profiles;
4) mobilization or transportation costs, other than those listed on the Price List;
5) labor (other than that listed on the Price List);
6) equipment depreciation or rental;
7) storage;
8) providing work orders;
9) invoicing;
10) waste tracking documentation, including but not limited to shipping papers, container labeling and certificates
of recycling and disposal;
11) Administrative Fees;
12) operating fees;
13) insurance costs;
14) direct costs;
15) overhead and profit;
16) annual reporting,
17) fuel,
18) reporting
19) sanitization for any electronics, with hard drives or other data storage devices, that are refurbished for reuse.
After receipt of Contract Users’ waste material, the cost for waste material transportation shall be included in the
individual waste stream pricing on the Price List.
c.
The State will not pay any additional charges beyond the price(s) listed in the Contract, unless otherwise
provided for by law or expressly allowed by the terms of the Solicitation.
d. The prices listed by the Contractor on the Price List shall also include all applicable taxes and fees (except for
sales tax).
e. Any labor, materials, tools, equipment or services purchased for Contract activities that are not included on Price
List, shall be billed at the Contractor’s actual cost of the purchase. Any rental fees on equipment shall be billed at
the actual cost of the rental of the equipment, not to exceed the actual purchase price of the equipment. Copies
of the receipts for purchases and rental fees shall be attached to the invoices sent to the Contract User. All such
purchases or rentals must be preapproved by the DCP.
2. Permits and licensing. The Contractor, and any subcontractors employed by the Contractor, shall secure and
maintain, at its own expense, for the life of the Contract and any subsequent extensions, all permits, licenses,
insurance, certificates, approvals, fees, duties, and inspections necessary for the execution, performance of services
hereunder, and completion of the Contract.
3. Containers and Supplies. Contract Users may provide their own containers and supplies. The Contractor shall be
equipped to provide containers and supplies to Contract Users. The Contract User shall not pay for the shipment of
containers or supplies if the containers or supplies are delivered when the Contractor is providing the pickup and
transportation of the Contract User’s electronics.
Containers must be suitable for storage and shipment. Containers shall meet Minnesota and federal Department of
Transportation (DOT) standards for transporting the materials being transported.
The Contractor shall make available the option of reusable/returnable packaging for electronics. If the
reusable/returnable packaging is provided by the Contract User, the Contractor shall assess no additional fee for the
storage and exchange of these containers. The Contractor shall replace at no cost any Contract User provided
packing that is damaged or lost while in the possession of the Contractor.
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For Contract Users that make regular truckload quantity shipments, the Contractor shall exchange gaylords or pallets
or other containers at no cost at the time of shipment.
Prices for containers and other related supplies shall be listed in the Price List. For supplies provided for free, a “no
charge," or "N/C" should be indicated for those line items on the Price List.
4. Shipment to Non-Authorized Facilities. Any waste material or process residual shipped to non-authorized facilities
will be recovered and managed at the appropriate authorized facility at the expense of the Contractor.
Contract Users will not pay waste management or transportation costs for any waste materials or process residuals
shipped to non-authorized facilities that cannot be recovered from the non-authorized facility. The Contract damages
provisions may also be applied by the Contract User.
Nonperformance by shipping waste materials or process residuals to non-authorized facilities, transportation by nonauthorized transporters, or use of alternative technologies that have not received prior approval from the AMS may
result, solely at the State’s option, in damages, and/or the termination of the Contract.
5. Additional Related Services. If additional related services not listed in the Contract are available through the
Contractor, the Contractor shall provide the additional related services in accordance with all terms, conditions and
specifications contained in the Contract. The State reserves the sole right to add any additional related services to the
Contract. Additional related services may not be offered to Contract Users without the State’s prior written approval.
6. Damage at the Contractor’s Place of Business. The Contractor is responsible for the cost of damage that they
incur on a Contract User’s, or their agent’s, vehicle, or equipment at the Contractor’s place of business.
7. Staff Appearance and Identification Badge. For staff who work directly with Contract Users, the Contractor shall
properly attire its staff and direct its subcontractor to properly attire its staff to assure they present a clean and neat
appearance at all times. Staff shall wear a company issued identification badge, which shall be visible at all times with
the exception of when staff are required to wear PPE that can’t safely accommodate the badge. The employee
identification badge shall include the Company’s name; the employee’s first and last name and picture; and their
company identification number, if assigned.
8. Mishandling or Abuse. The Contractor shall be responsible for all additional disposal, transportation, maintenance
and repair costs that occur due to Contractor mishandling or abuse of Contract User waste materials, buildings,
property, equipment, materials or supplies.
9. Waste Material Added to the Price List. In the event the Contractor has been requested to manage, or would like to
manage, a waste material other than those listed on the Price List, the Contractor shall contact the AMS to determine
whether the waste material may be added to the Price List. The Contractor shall investigate the management options
and related costs to the Contract Users, including the cost of each option and provide this information and a Waste
Material and Process Residual Plan to the AMS. The waste material will be added to the price list by a formal
amendment to the Contract.
10. Invoices and Revenue Receipts. The Contractor shall comply with the following requirements:
a. Waste material management services shall be billed to and paid for by the ordering State Agency or CPV
member, or their DCP.
b. The Contractor shall submit invoices and/or revenue receipts by the fifteenth day of each month for work
performed during the previous month. Invoices and revenue receipts shall be sent to the DCP.
c. For CPV members, at the request of a DCP, the Contractor and the DCP shall determine an acceptable timeline
for payment of invoices if more than 30 days after receipt of the invoice.
d. To be approved for payment, invoices shall include information to substantiate and clearly identify the work
performed on a particular collection site or project as specified by the DCP. Each invoice shall identify the
following information as it applies to the services performed:
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Contract Release: H-90(5)
•
•
•
•
•
•
•
•
•
•
•
•
Work or purchase order tracking number identified by the DCP;
Project or collection site name and EPA identification number;
Name of the person who requested the work;
Pick up or work performance date;
Unique shipping paper number;
Generator’s unique container numbers;
Description of the service performed;
Quantity of waste or service;
Unit price;
Total price;
Contractor’s customer service telephone number; and
Any other information associated with the work performed as requested by the DCP.
e. Revenue receipts which generate a credit, if not included on an invoice, shall include the information required for
invoices above.
f. At the request of the Contract User, in the event that a discrepancy exists between the work order issued and the
invoice issued for a service, the Contractor shall provide a detailed written explanation and specific
documentation that describes the service discrepancy and related charges. Payment of the invoice by the
Contract User shall be suspended until the discrepancy is resolved by the Contract User and the Contractor. The
AMS shall be notified if a significant discrepancy cannot be resolved.
11. Payments. Electronic management services shall be billed to and paid for by the ordering State Agency or CPV
member.
12. Waste Tracking. A copy of the shipping paper signed by an authorized agent of the receiving facility shall be
attached to the invoice required in Invoice and Revenue Receipts Requirements Part of the Contract.
The Contractor shall provide waste material management information to the Contract User as an attachment to the
invoice. The information shall include the waste management method, management facility used and an accounting
of the status of all containers that have been recycled or are in storage, including containers that have been
transported to a secondary management site.
a. Certificates of Conversion, Reuse or Refurbishment, Recycling, Disposal or Destruction
At the request of the Contract User, a certificate that documents and attests to the conversion, recycling,
disposal, reuse or refurbishment, and/or destruction of all waste materials and process residuals accepted and
managed under the terms of this Contract shall be provided to the Contract User. The certificate shall also
contain the name of the Contract User, name and address of the facility, date of conversion, recycling, disposal,
reuse or refurbishment, and/or destruction, identification of the waste material by waste stream as listed on the
invoice, management/processing technology used, unique identification number from shipping papers, and
unique identification number from the associated invoice. The certificate shall show tracking of the waste
material from the Contract User to the final facility.
Certificates shall be provided to DCPs within thirty (30) days of the conversion, recycling, reuse or refurbishment,
disposal or destruction of the waste material.
b. Waste Tracking Spreadsheet
Upon request of a Contract User, the Contractor shall provide a waste tracking spreadsheet for the previous
st
year’s services to each DCP by March 1 of each year. The document will clearly identify the disposition (in
storage, recycled, reuse or refurbishment, disposed, converted and/or destroyed) of all waste materials and
process residuals managed during that year.
The spreadsheet shall include the Contract User name, Contract User's container identification number, type and
quantity of waste materials and process residuals managed; date of pick up; name, and address of all facilities
used to manage waste materials and process residuals; date of recycling, reuse or refurbishment, conversion,
disposal and/or destruction of the waste materials; recycling technology; unique identification number from the
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Contract Release: H-90(5)
shipping paper and unique identification number from the associated invoice. The spreadsheet shall allow
tracking of the waste material from the Contract User’s collection site to the final facility.
The Contractor shall provide the Contract User with an electronic spreadsheet in Microsoft Excel®. An example
of a waste tracking spreadsheet is available upon request.
13. Annual Reporting Requirements. The Contractor shall submit an annual report to the AMS that summarizes the
annual line item usage, by line item units and dollars, of the Contract for the following four groups: State agencies,
HHW programs, the University of Minnesota and other CPV members. The annual report shall also include a
summary by line item for each Contract User, each of the four groups and for all groups together, with totals. It shall
also include the separate total dollar usage for State agencies and for all CPV member groups together. The format of
the annual report should match the format of the waste streams listed on the Contractor’s Price List. Alternate report
formats will require approval by the AMS.
The Contractor shall provide the report as an electronic spreadsheet in Microsoft Excel®.
The annual reports shall be provided to the AMS by January 30 of each year for the previous calendar year.
14. Contract User Contact List. At least 60 days prior to the termination date of the Contract, the Contractor shall
provide a Contract User contact list containing information about each Contract User to the AMS. The list shall include
the name of the Contract User (State agency or CPV member) and the name, address and phone number of the main
contact person. The 60-day requirement shall be reduced to 20 days if the Contract is terminated as stated in the
General Terms and Conditions.
15. Subcontractor Payment. In accordance with Minn. Stat. § 16A.1245, the Contractor shall, within 10 days of receipt
of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the
payment for undisputed services provided by the subcontractors or suppliers. The Contractor is required to pay
interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on
time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100
or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A
subcontractor that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to
its costs and disbursements, including attorney’s fees that were incurred in bringing the action. The Contractor agrees
to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the
event the Contractor fails to make timely payments to a subcontractor or supplier, the State may, at its sole option and
discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any
remaining amounts due the Contractor. Before any such payment is made to a subcontractor or supplier, the State
shall provide the Contractor written notice that payment will be made directly to a subcontractor or supplier. If there
are no remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the
payment of money to a subcontractor except as may otherwise be required by law.
16. Additional Related Services. The Contractor had the option, with the State’s approval, to include additional related
services as part of the Contract. Management of other waste materials or process residuals shall be in accordance
with the Waste Material and Process Residual Plan provided as required in this Contract. Additional related services
may include:
a.
Supplies. Responders may propose additional supplies to provide Contract Services. For these supplies,
please include the following information:
A physical description of the supply;
All DOT, ASTM, UL, and other standards that apply to the supply;
A copy of any manufacturer’s instructions pertaining to the supply;
A description of the standard arrangement or process for any supplies that are reusable or
rotated; and
The price of the supply shall be listed on the Price List.
With this Contract, wastes managed as a result of additional related services shall be considered “waste materials.”
17. CEDs Not Separated. Contract Users do not separate CEDs by type, or separate household generated CEDs from
Non CEDs.
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Contract Release: H-90(5)
USED ELECTRONIC RECYCLING AND MANAGEMENT
MP LLC (MPC)
MOBILIZATION ZONE MAP
Zone 5
Thief
River Falls
566
567
Zone 4
556
557
558
Bemidji
Zone 4
565
556
557 Detroit
558 Lakes
Duluth
Zone 3
564
Brainerd
St. Cloud
Zone 2
559
560
562
563
Wilmar
550
551
553
Zone 1 554
555
Minneapolis
Saint Paul
Zone 3
Mankato
561
Rochester
Windom
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Contract Release: H-90(5)
USED ELECTRONIC RECYCLING AND MANAGEMENT
DYNAMIC RECYCLING
MOBILIZATION ZONE MAP
Contract Release 16 (08/14)
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