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CR 91-138 Adopt Resolution 91-75a \ S y O I 5 June 18, 1991 P " � Council Report: 91 -138 ADOPTION OF RESOLUTION NO. 91 -75 AMENDING LEGISLATIVE POLICY 6 -A TO INCLUDE COMPREHENSIVE PROCUREMENT AND SPECIFICATION LANGUAGE Proposed Action. Staff recommends the following motion: "Move to adopt Resolution No. 91 -75 amending Legislative Policy 6 -A to include comprehensive procurement and specification language, which will give equal or preferential consideration to materials with recycled content when developincr specifications for publicly funded construction or remodeling projects" Overview. Hennepin County is requiring through Resolution No. 90- 11- 842R1, made part of the 1991 Solid Waste Management Agreement, that municipalities adopt a `comprehensive procurement and specification policy for publicly funded construction or remodeling projects. The intent of this requirement is to promote the purchase and use of materials with recycled content in construction projects. The County feels that implementation of such policies will help "close the loop" in recycling and help ensure markets for the recycle materials that are collected. They are requiring that we adopt their policy or a similar policy by July 1, 1991 in order to receive an additional 10% funding of net recycling program costs. Without fulfilling this requirement our maximum reimbursement percentage would be -70% instead of the previous 80 %. Hennepin County has developed a model policy to be used as a guide to help develop a city policy. Staff is recommending this model policy be reviewed, modified and included as an amendment to our existing Legislative Policy 6 -A: Purchasing Policy. Primary Issues to Consider. o Is_the additional 10% County funding necessary? o How will this comprehensive procurement and specification policy be accomplished? Supporting Information. o Staff Analysis of Issues o Letter from Hennepin County with attached Resolution No. 90- 11 -842R1 and Model Policy o Proposed Resolution No. 91 -75 o Proposed Amendment to Legislative Policy 6 -A Kathy Max, Rdcycl nator Council Report: 91 -138 June 18, 1991 • Page 2 Staff Analysis of Issues. o Is the additional 10% County funding necessary? In 1990, Hennepin County reimbursed the City of Hopkins 80% of it's eligible recycling expenses in the amount of $68,236. If we meet our 1991 goal to recycle 1034 tons and adopt the procurement policy desired by Hennepin County our 1991 projected 80% reimbursement would be $88,994. If we meet our goal and do not adopt the procurement policy desired by Hennepin County, we will lose 10% of our funding for 1991 which would be approximately $11,124. At this point it is unknown as to whether we will achieve our goal to recycle 1034 tons of material from our residential waste stream and qualify for maximum funding. However, the percentage of reimbursement that we achieve will automatically be 10% less if we do not fulfill this policy requirement. Due to the impact of a 10% decrease in funding, recent state aid cuts and our commitment to recycling, it would seem appropriate and to our advantage to comply with the County's requirement. o How will this comprehensive procurement and specification policy be accomplished? The County ha`s supplied a model procurement and specification policy as a guideline. Legislative Policy 6 -A will be amended to include the basic requirements of this policy. All departments will be asked to follow the adopted procedures. Current specifications and purchasing procedures will be reviewed for language that would exclude the use of recycled products in publicly funded construction or remodeling projects. Any such language found would be eliminated and /or modified to promote and encourage the use of recycled products unless the operating department can reasonably demonstrate that the recycled product would be impractical, is unproven or would not achieve necessary performance or design standards or would otherwise negatively impact health, safety or operational efficiency. The proposed resolution and policy language requires us to give equal or preferential consideration to materials with recycled content wherever practical and appropriate. It does not require giving equal or preferential consideration with no regard to performance, design standards, health, safety or operational efficiency. • DEPARTMENT OF ENVIRONMENTAL MANAGEMENT A -2309 Government Center HENNEPIN Minneapolis, Minnesota 55487 -0239 Phone: (612) 348 -6509 FAX: (612) 348 -9777 May 24, 1991 To: Recycling Coordinators The purpose of this letter is to provide you with a HENNEPIN COUNTY MODEL POLICY PROMOTING THE USE OF MATERIALS WITH RECYCLED CONTENT IN PUBLICLY FUNDED CONSTRUCTION AND REMODELING PROJECTS. The Hennepin County Board of Commissioners encourages each City to adopt such a policy to promote the purchase and use of materials with recycled content in construction projects. Each City that adopts such a policy by July 1, 1991 is eligible to receive an additional 10 percent reimbursement for its recycling program expenses. The implementation such policies will help "close the loop" in recycling and ensure markets for materials collected for recycling.,. Call me if you have any questions about the policy. very truly yours, Carl Michaud Recycling Program Manager Enclosures HENNEPIN COUNTY an equal opportunity employer PRINTED ON RECYCLED PAPER V41 RESOLUTION N0. 90- 11 -842R1 The following resolution was offered by Commissioner Spartz, seconded by Commissioner Sivanich: WHEREAS, Hennepin County wishes to encourage municipalities to purchase materials with recycled content and to use such materials in the construction or remodeling of municipal facilities, thus encouraging the development of markets for materials with recycled content. BE IT RESOLVED, That Section IV., Method of County Reimbursement for Program Expenses, of the 1991 Funding Assistance Policy for Source Separated Recyclables be changed to the following: IV. ME.TSOD O F COUNTY RE IMBURSEMENT FOR PF03EM EXPENSES • The rate of reimbursement for the municipal recycling program is as follows: 1991 Percent Percent 1992 Percent Percent Residential County Residential County _- Abatement Funding* Abatement Fun_ ding* >16 70% >18 70% 0 >16 60% >12 50% >14 50% >10 40% >12 40% <10 0% <12 0% * An additional 10% financial incentive is offered to municipalities which have adopted by July 1, 1991, comprehensive procurement policies and specification policies for publicly funded construction or remodeling projects which give I equal or preferential consideration to materials with recycled content. BE IT FURTHER RESOLVED, That Hennepin County will develop a model policy for municipal guidance. The question was on the adoption of the resolution and there were Seven YEAS and No NAYS as follows: COUN'T'Y OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Jeff Spartz X _ Randy Johnson X — John Keefe X — John E. Denis X _ Tad Jude X _ Mark Andrew X _ Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. ATTEST: Clerk 7fetount Board L� WOV ' 2 J 19Q0 ,t • HENNEPIN COUNTY MODEL POLICY PROMOTING THE USE OF MATERIALS WITH RECYCLED CONTENT IN PUBLICLY FUNDED CONSTRUCTION AND REMODELING PROJECTS RECYCLING PROGRAM DEPARTMENT OF ENVIRONMENTAL MANGENE NT HENNEPIN COUN'T'Y, MINNESOTA May 22, 1991 • The Hennepin County Board of Commissioners wishes to encourage municipalities, wherever practical and appropriate, to purchase and /or promote the use of materials with recycled content for incorporation in the construction or remodeling of municipal facilities, thus encouraging the development of markets for materials with recycled content. This market development is essential in the effort to "close the loop" of recycling, by encouraging the development of products that use recycled material. To qualify for a full 80 percent reimbursement on eligible 1991 recycling costs,.the Board (Resolution 90- 11- 84281) is requiring that cities adopt comprehensive procurement and specification policies for publicly funded construction and remodeling projects which give reasonable and appropriate consideration to materials with recycled content. The policy must be adopted by July 1, 1991 to be eligible for full 80 percent reimbursement. Publicly funded projects include facilities that are owned and /or operated by public agencies and facilities that would be owned and operated by others and supported by public funds or obligations. The effort to "close the loop" can be accomplished when a City Council and its administration are committed to encouraging consideration of, and where appropriate, specification and /or purchase of construction materials with recycled content for use in publicly funded projects. Recycled content means product made with some post - consumer waste. Post - consumer waste is an item that has already served its intended purpose. Hennepin County has developed a model policy to provide guidance to cities.'The adoption of this policy, or one similar to it will fulfill the requirements of the funding policy in order to qualify for 80 percent reimbursement of eligible recycling costs. 7 MODEL POLICY GOAL To ensure, wherever practical and appropriate, that materials with recycled content are used in the construction or remodeling of municipal facilities, for the City of 1 , the council requires that: 1. Within twelve months, subsequent to the effective date of this policy, the Purchasing Agent of the City of conduct a review of existing construction or remodeling projects and service specifications to determine whether such specifications promote or exclude the use of recycled products, reusable products, or products designed to be recycled, for use by department agencies, offices, boards, and commissions. 2. In the event that such specifications prohibit or otherwise exclude the use of recycled products, such exclusions or requirements should be eliminated unless the operating department or entity can reasonably demonstrate that the recycled product would be impractical, is unproven, or would not achieve necessary performance or design standards. 3. Within the same 12 month period, all City departments and agencies must make recommendations to the Purchasing Agent to ensure that performance standards and specifications for products used in construction or remodeling of municipal facilities do not prohibit the use of products with recycled content. Departments are to initiate or recommend policy changes to ensure that specifications incorporate a requirement which promotes use of materials and products with recycled content wherever practical and appropriate, or they must reasonably demonstrate that either the performance requirements of the product will be compromised or that a product with recycled content is impractical or will otherwise negatively impact health, safety or operational efficiency. 4. Contractors bidding to provide products or services to the City, must meet the intent of requirements described in Paragraph 3. 5. The City will cooperate with neighboring City, County, and State governments in an effort to develop consistent, and effective procurement efforts which promote the use of recycled products in construction materials wherever practical and appropriate. 6. All related City departments and agencies will work cooperatively to further the purposes of the Resolution. The City's economic development process will incorporate the "goal" of promoting the use of recycled material. 7. The City's Purchasing Agent shall submit an Annual Report,.to be filed with the City Clerk, with a copy to the Clerk to the Hennepin County Board, which overviews the use of construction materials with recycled content which are used in the construction or remodeling of municipal facilities. CITY OF HOPKINS RESOLUTION NO. 91 -75 .AMENDING POLICY 6 -A TO INCLUDE COMPREHENSIVE PROCUREMENT AND SPECIFICATION LANGUAGE WHEREAS, Hennepin County is requiring, through Resolution 90- 11 -842R1 made part of the 1991 Solid Waste Management Agreement, that a comprehensive procurement and specification policy for publicly funded construction or remodeling projects which give equal or preferential consideration to materials with recycled content, be adopted in order to receive an additional 10% funding of net recycling program costs; and i WHEREAS, Markets are an important part of the recycling process and need to be encouraged and developed; and WHEREAS, the City of Hopkins, Minnesota desires to receive this additional 10% funding; THEREFORE BE IT RESOLVED, that the City of Hopkins, City Council hereby amends Legislative Policy #6A: Purchasing Policy, to include comprehensive procurement and specification language, which will give equal or preferential consideration to materials with recycled content when developing specifications for publicly funded construction or remodeling projects as stated on Attachment A. Adopted by the City Council of the City of Hopkins this 1st day of July, 1991. BY Nelson W. Berg, Mayor ATTEST: City Clerk A 9 . COUNCIL REPORT 91 -138 ATTACHMENT A Policy #6 -A Amendment 1.05 Wherever practical and appropriate, materials with recycled content will be used in the construction or remodeling of municipal facilities. 1) Specifications will promote, and not prohibit, the use of recycled products or materials. 2) Specifications shall require that employees of the city and contractors bidding, cooperate and promote the use of recycled products and materials. 3) A yearly report will be filed which overviews the use of recycled products within the city. This report is to be kept on file with the City Clerk and a copy sent to the Clerk of the Hennepin County Board. M