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4.13 SR 07-06-2015 E04y1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.13 Agenda Section Meeting Date Prepared by ConsentJuly 6, 2015 Kristin Mroz, Environmental Technician Item Description Reviewed by Blue Bag Organics Program Ordinance Suzanne Fischer, COD Director Amendment and Hauler Agreement Amendments Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion, an ordinance amendment and hauler agreement amendments to include Blue Bag Organics program changes for both Randy's Environmental Services and Republic Services. Background/Discussion The organics program will change to the Blue Bag Organics program which eliminates the extra cart and truck by providing special durable, compostable bags to customers to toss directly in their trash carts. Great River Energy has agreed to assist with bag retrieval when they arrive at their facility before sending to compost via Randy's Environmental Services. Participants will receive a free bag of compost annually. This new program will provide residents with a year's supply of either 13 gallon or 33 gallon Blue Bags. Staff is not anticipating any changes to the monthly service fee ($4 per month) at this time except that the 33 gallon bags will cost$6.50 per month. Staff expects the program to begin July 6 with a soft roll-out to those currently participating. Organics carts will be removed by the haulers that week and educational materials were sent out to current participating customers. An ordinance amendment is required to include the definition of the Blue Bag Organics program and updates to the recycling section to conform to current practices are also proposed. The hauler agreements were signed in 2013 and changes include the addition of the Blue Bag Organics program. There are no changes elsewhere. Financial Impact None Attachments ■ Ordinance Amendments 58-31, 58-34, 58-37 ■ 2013 Agreement Amendments —Randy's Environmental Services ■ 2013 Agreement Amendments —Republic Services (Allied Waste Services) POWERED 6T A IR �jStfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance 15 - An Ordinance Amending Sections, 58-3 I, "Definitions," 58-34, "Recyclable materials," and 58-37, "Containers" of the City of Elk River, Minnesota, City Code, to Implement the City Blue Bag Organics Solid Waste Program The City Council of the City of Elk River does hereby ordain as follows: SECTION 1.That§ 58-31, "Definitions" of the City of Elk River Code of Ordinances shall be amended to add the following definition: "Blue Bag Organics Program" means the program used for SSO collection by means of placing SSO into Blue Bag Organics bags. "Source Separated Organics SSO)" means food scraps and soiled paper but not yard wastes or inorganic materials such as recyclables and mixed municipal washes. SECTION 2.That,by revising Subsection (b), adding Subsection (c) and removing Subsection (d), § 58-34, "Recyclable materials" of the City of Elk River Code of Ordinances shall be amended to read as follows: (b) Preparation for Recycling collection. { Non-soiled Ppaper, aluminum, glass, metals, lastic, and cardboard can be commingled in the single-sort recycling cart for collection. Such recyclables shall not be placed in plastic bags, aper recyclables sha4l be bundled separately an /d/ or seettred in sueek al tanannef as to prevent them ffom being blown or scattered, and shaR be maintained in as dtY a conditi as practicable, ffee of any other substmee, and shaR not be placed in plastic bags. (2) Aluminum. Aluminum recyclables sha4l be clean of A contents and such recyclables sha4l not be placed in plastic bags, (3) Glass. Glass recyclables shaR be clean of A contents and such recyclables shaR not be placed in plastic bags. (4) AletA Aleta4 recyclables shaR be clean of A contents and such recyclables shaR not be placed in plastic bags. (5) Plastic. Plastic recyclables with a neck sha4l be clean of A contents and such recyclables shaR not be placed in plastic bags. (6) Corrugated cardboard. Coffugated cardboard recyclables shA be bundled and tied with Lwine of fope, and shaR be maintained in as dty a condition as practicable, ffee of any other "bstance, and shaR not be placed in plastic bags. (c) Preparation for Organics Recycling collection. (1) Source Separated Organic Material shall be collected via the City Blue Bag Organics program. URE Last Updated il7asch 2014 INATJ Stfikethfoughs to be removed Underlines to be added (2) Source Separated Organic Material shall be placed in Blue Bag Organics Program bags only. The Blue Bags shall be placed directly into the garbage, refuse, and rubbish cart. Blue Bags will be removed at the transfer station and composted. (ed) Multiple dwellings. Occupants of multiple dwelling properties shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful after January 1, 1992, for any multiple dwelling owner, association or joint management entity to negotiate, execute, or maintain a contract for multiple dwelling garbage or other refuse collection unless it includes, as part of that contract or as part of a separate contract, a minimum of biweekly collection of recyclables or as deemed adequate by the city. SECTION 3.That§ 58-37, "Containers" of the City of Elk River Code of Ordinances shall be amended to read as follows: (c) Recycling containers. The Hauler as contracted by the city shall provide to the owner or occupant of each dwelling unit a container for the separation and collection of recyclable materials. The recycling containers will, at all times,remain the property of the eity Hauler. The owner or occupant of each dwelling unit shall e contact Elk River Municipal Utilities for collection of the recycling containers at the premises upon relocation and shall maintain the recycling containers in good condition SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 6th day of July, 2015. ATTEST: John J. Dietz,Mayor Tina Allard, City Clerk URE Last Updated il7asch 2014 INATJ i CITY OF ELK RIVER AGREEMENT FOR GARBAGE,REFUSE AND RECYCLING COLLECTION January 1, 2013 through December 31, 2022 This AGREEMENT (Agreement) made as of August 13, 2012, between the CITY OF ELK RIVER, MINNESOTA, a Minnesota municipal corporation (City) and Randy's Environmental Services, Inc., a Minnesota Corporation (Contractor), RECITALS WHEREAS, the City requires the collection and disposal of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) from residences in the City of Elk River; and WHEREAS, it is the intent of the City to establish a volume-based collection system of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) that encourages recycling and discourages disposal; and WHEREAS, the Contractor is a licensed hauler in the City of Elk River engaged in the business of collection and disposing of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO); and WHEREAS, the City desires to hire e services of the Contractor and the Contractor desires to provide these services to the City; and WHEREAS, the City currently has a contract with Sherburne County pursuant to which the City has agreed to deliver all residential waste collected in the City to the Elk River Resource Recovery Facility (ERRRF) owned and operated by Great River Energy (GRE)., and to pay GRE directly for all City waste managed at the ERRRF. NOW, THEREFORE, it is agreed by and between the parties: L PURPOSE OF CONTRACT 4jh6, ""%7 The Contractor shall collect all Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) set out for collection within the "Designated Area" identified on Attachment A, all within the corporate boundaries of the City of Elk River, on a weekly basis (or on a biweekly basis for those customers with biweekly collection accounts) during the term of the Agreement. Such collections shall include all residential properties having four or less dwelling units in a single building by use of individual containers. In consideration of the exclusive collection rights for the "Designated Area" set forth in Attachment A, subject to the terms of this Agreement, Contractor acknowledges it is prohibited from the collection of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) from residential properties having four or less dwelling units in a single building outside the "Designated Area"within the corporate limits of the City. II. TERM OF CONTRACT The term of this Agreement shall be for a period of ten (10) years commencing on January 1, 2013. The City and the Contractor may agree to extend the term of this Agreement beyond the original term upon such terms and conditions, and for such length of time, as the parties shall 1 i mutually agree in writing. III. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings: "Additional Collection Service" means all items that are collected in excess of the maximum volume allowed for a dwelling unit. "Blue Bag" means the program used for SSO collection by means of placing SSO into Blue Bag Organics bags. The Blue Bags shall be directly_placed into theag rbage, refuse, and rubbish cart. Blue Bags will be removed at the transfer station and composted. "Cart"means a 90-gallon, 60-gallon or 32-gallon recept wheels supplied by the Contractor used to contain garbage or refuse. _ "Collection Service" means the collection and transportation of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO). "Day-Certain collection" means the City-approved plan for weekly Collection Service by an established day-certain schedule. This schedule requires collection on the same day of each week and is based on a five (5) day, Monday through Friday, working week. The only exceptions to the "day-certain"plan shall be during those weeks in which legal holidays occur.- "Designated Area" means that area within the City of Elk River identified in Attachment A as: "Randy's Environmental Services, Inc." for which the Contractor is responsible for collections within the scope of this Agreement. "Dwelling Unit" means a separate dwelling place with a kitchen or area for the preparation of food. "Environmental Administrator" means the City Environmental Administrator or such other City employee designated by the City Administrator or the City Council. "ERRRF" means the Elk River Resource Recovery Facility. "Facility" means the ERRRF, Elk River Landfill, or any other solid waste disposal facility approved by the MPGA. "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking, service, and consumption of food. "Hazardous Waste" means waste identified as hazardous by State or Federal law, rules and regulations, including but not limited to 42 U.S.C. § 6903 (5), and regulations interpreting such act, or in Minnesota Statutes § 116.06, subd. 13, and regulations interpreting such statute, but not including waste excluded from regulation by Minnesota Rules 7045.0120A, as any of the foregoing may be amended from time to time. "MPCA" means the Minnesota Pollution Control Agency. 2 i "Source Separated Organics (SSO)" is comprised of food wastes, fish and animal waste,plant materials, and paper that is not recyclable because the MPCA has determined that no other person is willing to accept the paper for recycling "Recyclables" means reusable or reprocessable materials designated by the City. Recyclables include such items as newsprint, corrugated and ledger paper, glass, plastics, tin cans, aluminum, used motor oil, batteries, tires, and other metal goods. Recyclables specifically exclude refuse. "Recycling Container" means a container supplied by the Contractor to the dwelling unit to place Recyclables in for collection. "Refuse" means putrescible and nonputrescible solid waste from residences including Garbage and Rubbish, and specifically excluding Yard Waste, Recyclables, and Hazardous Wastes. Refuse further excludes industrial, commercial, agricultural, and construction Garbage or Rubbish and wastes. "Rubbish" means inorganic solid waste, including ashes, consisting of both combustible and noncombustible wastes, such as wood,bedding, crockery, and other nonreusable waste. Rubbish also includes nonrecyclable types of glass, paper, cardboard, and metal cans. "Unacceptable Waste"means waste delivered in quantities to the Facility which, as determined by the MPGA, County, City or Facility, may pose a threat to health or safety, or to the environment, or may cause damage to, or materially adversely affect, the operation of a Facility, including but not limited to: incinerator ash; foundry sand; explosives; hospital, pathological and biological waste; hazardous waste, chemicals and radioactive materials; oil sludges; asbestos in identifiable quantities; cesspool or other human waste other than that carried in disposable diapers; sewage and other highly diluted, water- carried materials or substances and those in gaseous forms; human or animal remains; street sweepings; ash; mining waste; sludges; demolition debris; hazardous refuse of any kind, such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs and such other materials as may be specified in writing from time to time by the City, County, State or Facility. "Volume-based" Collection Service" means the maximum amount of garbage and refuse a dwelling unit is permitted to dispose under the contract rate. "White goods" are large household items including refrigerators, stoves, dishwashers, washers and dryers, water heaters, carpeting and padding, mattresses, chairs, couches, tables, and such other items of furniture which are too large for one person to pick up. "Yard Waste" means garden wastes, leaves, lawn cuttings,weeds, shrub and tree waste and prunings. IV. SCOPE OF CONTRACT A. Collection Service 1. Garbage, Refuse and Rubbish Collection a. All occupants of residential properties consisting of four or less dwelling units in a single building in the City are required by ordinance to keep Garbage, Refuse and Rubbish in a cart container of 90, 60 or 32 gallons. b. Cart containers are to be furnished and maintained in good condition by the 3 i Contractor. Actual service needs are to be determined by volume accumulations as judged by the Environmental Administrator, upon review with the Contractor. C. Garbage, Refuse and Rubbish collection shall not include Hazardous Waste, Unacceptable Waste, Yard Waste, Recyclables or SSO. d. Garbage, Refuse and Rubbish cart containers shall be placed at the curb on collection day, in a location easily accessible to motor vehicle pick-up. Containers must be placed properly for pick-up prior to 6:00 a.m. and cannot continue past 7:00 p.m. on the day of collection to insure service. e. Door step service will be provided by tlContractor at the direction of the Environmental Administrator for el d disabled customers. f The Contractor shall not be required to provide Collection Services or be compensated for those households within the designated service area that operate as legal, permitted home occupations. g. The Contractor will provide biweekly low volume Collection Services for 32 gallon container users and two 90 gallon containers for large volume users, at the direction oftvironmental Administrator, at the rate set forth in Attachment B. _ 'X h. Garbage, Refuse and Rubbish in excess of the designated volume-base per dwelling unit will be subject to additional Collection Service charges as follows: Contractor shall pick up excess Garbage, Refuse and Rubbish in bags placed outside of the resident's container only if the bag has a City issued sticker placed on it. Contractor shall be reimbursed $1.50 for each such bag picked up. Contractor shall be responsible for advising City of addresses which consistently have excess amounts of Garbage, Refuse and Rubbish, and City will determine whether to increase the container size for that address. 2) ollection rvice for white goods and large items must have prior arrangements made between the Contractor and resident for collection. The prices to be charged to residents for these Collection Services shall be as set forth in Attachment C. These charges will be billed directly from the Contractor to the resident. i. Garbage and recycling containers will be dropped off at new accounts by the Contractor within three (3) business days of notification by the City. Such notification must be in writing or e-mail. j. The Contractor shall deliver all Garbage, Refuse and Rubbish it collects under this Agreement to the ERRRF, unless otherwise directed by the City, Sherburne County or the ERRRF. In the event that Contractor is directed by City to a Facility other than the ERRRF or the Elk River Landfill, the Contractor shall be credited $1.00 per mile by the City for the round trip mileage between the ERRRF and the back-up Facility. 4 i k. Unless otherwise directed by City, Contractor shall, upon delivery of Garbage, Refuse and Rubbish to the ERRRF or other designated Facility give the Facility operator a load report on a form acceptable to Sherburne County that provides information concerning the load as may be required by the County. The Contractor shall also provide the City, on a monthly basis, with receipts showing the weight of Garbage, Refuse and Rubbish delivered to the ERRRF under this Agreement, or any other Facility to which Garbage, Refuse and Rubbish collected under this Agreement is delivered. 1. The Contractor shall not knowingly deliver any Unacceptable Waste to a Facility, nor shall the Contractor mix any Unacceptable Waste with Garbage, Refuse and Rubbish collected under this Agreement. If the Contractor is uncertain whether certain waste is Unacceptable Waste, Contractor may request a determination from the Facility by submitting a"Pre-Delivery Waste Evaluation"request in accordance with procedures established by Sherburne County. M. If a Facility has a reasonable basis to believe that Garbage, Refuse and Rubbish delivered by the Contractor contains Hazardous Waste or other Unacceptable Waste, the Facility operator may require the Contractor, at Contractor's expense, to recover and properly manage or dispose of waste deposited upon the tipping floor which contains Hazardous Waste or Unacceptable Waste. In the event Garbage, Refuse and Rubbish is rejected by the Facility, and the Contractor disagrees with a decision by the Facility to reject a load of Garbage, Refuse and Rubbish, the Contractor shall have the right to present information to the County, the Facility, and the City in support of its claim. The claim will then be resolved by the City, County and Facility. 2. Recycling Collecti ,96,,. X a_ Recycling collection shall take place every other week for each dwelling unit, on the same day of the week as scheduled refuse, rubbish and garbage collection. The schedule shall be consistent with the schedule of the Garbage, Refuse and Rubbish collection. Daily service hours shall not begin prior to 6:00 a.m. nor continue past 7:00 p.m. b_ 11 occupant or resident properties consisting of four or less dwelling units in a single building in the City will be provided Recycling Containers by the City for Recyclables. C. Collection will be from the curbside. All recyclables other than SSO shall be collected from a single container and need not be separated. SSO will be separated and plaeed in ir separate6eircaiiicr pi^vwided by theCent£aeter. SSO will be collected via the Blue Bag Organics Program, weekly. -Collection must be for all materials designated by the City as recyclables, including such items as paper, newspaper, magazines, and catalogs, glass containers, aluminum, tin cans, cardboard, plastics, and Source Separated Organics (SSO). The City may designate additional materials as Recyclables during the term of this Agreement. 5 d. Blue Bag Organics shall be delivered to Great Rive Energy along with all Garbage, Refuse, and Rubbish. Great River Energy staff will sort out the Blue Bags to be delivered to an organics composting site. Great River Energy will include a tipping fee of$6.00 for all Blue Bag Organics loads, to be paid by the City. de. The Contractor shall not mix other types of refuse or inorganic materials with the Recyclables or take any action so as to make the Recyclables unacceptable to the operators of the recycling center. fc. The Contractor shall provide monthly reps to the City of all recyclables collected. The required information i4d,des the market, the receipts, and the net weight and type of material. B. Service Schedule 1. All Collection Service shall be conducted between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday, except when an emergency shall exist, at which time the Contractor shall notify the City Environmental Administrator of such emergency conditions. The Contractor may perform Collection Services on Saturday when a holiday falls on a weekday. 2. Collection Services shall be done in accordance with a schedule of pick-ups to be established by the Contractor and submitted in writing to the City Environmental Administrator for prior approval. The schedule shall include the areas in which pick-ups will be made each day of the week and how many vehicles will be used in the area. Each dwelling unit shall have its refuse collected a minimum of once a week, except those dwelling units for which the City has approved biweekly pick-up. a. The Contractor may request a change in the day of pick-up by requesting such change in writing to the Environmental Administrator at least twenty-one (21) days prior to the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the Environmental Administrator and fourteen(14) days' notice to the residents. b. The Contractor shall bear all costs involved on notifying residents of approved schedule changes. C. The Contractor may request a change in the route schedule by requesting such change in writing to the Environmental Administrator and at least thirty (30) days prior to the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the Environmental Administrator. 3. The Contractor shall not be required to provide Collection Service on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day (the Holidays); provided, that the Holiday falls on a weekday, it will be the only day on which routes are not collected. When a Holiday falls on a weekday, the Contractor will collect the routes for the designated day the following 6 i day for the rest of the week. Specifically, if a Holiday falls on a Monday, the Monday routes will be collected Tuesday, the Tuesday routes will be collected on Wednesday and so on through Saturday of the week during which the Holiday falls. It shall be the Contractor's responsibility to notify residents of any changes in the collection schedule as a result of said Holidays. 4. Only such pick-ups shall be made as have been authorized by the City Environmental Administrator, and the Contractor shall not be entitled to payment for any pick-up(s) not authorized by the Environmental Administrator. a. In the event that a dwelling unit has been authorized for refuse Collection Service and the Environmental Administrator wishes to discontinue Collection Services at such residence, the Environmental Administrator shall notify the Contractor to that effect at least one week prior to the date of discontinuance of such service. b. When the Environmental Administrator notifies the Contractor, in writing, e-mail or by facsimile, that the owner or occupant of a residence has refused service, such service shall be discontinued within one week from the time of such request. 5. The City reserves the right to improve or temporarily close any street or alley which may prevent the Contractor from traveling his/her accustomed route or routes for collection. The Contractor shall contact the Environmental Administrator prior to each construction season to determine areas of conflict and possible alternate routes or solutions. No additional compensation will be due for this interference. 1410111. 6. The City reserves the right to adjust the "Designated Area" identified in Attachment A as provided in this Agreement. C. Performance of Collection-,," 1. Equipment_ a_ The Contractor shall make all collections of Garbage, Refuse Rubbish Recyclables and SSO in water-tight metal receptacles or vehicles with closed tops so constructed that their contents will not leak, spill, or scatter there from. Should any Garbage, Refuse, Rubbish, Recyclables, or SSO be dumped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and shovel in good useable condition should be placed and maintained on each vehicle for this purpose. Receptacles and vehicles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect Garbage, Refuse, Rubbish, Recyclables, and SSO. b. All vehicles shall be painted and marked uniformly and shall have the hauler's name and telephone number prominently displayed in letters of a contrasting color, at least three inches high, on each side of the vehicles. C. The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, 7 i state, and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. Equipment is subject to periodic inspection by the City. d. The Contractor shall furnish the Environmental Administrator with a written description of all vehicles and equipment to be used within the City of Elk River and in the performance of this Agreement and shall advise the Environmental Administrator in writing on any withdrawal of a part of such equipment or of any change therein within one week of the time of making such change. e. Each collection vehicle shall have a flashing light warning system, fire extinguisher and proper back-up alarm pproved by the Environmental Administrator. 2. Personnel Requirements a. There shall be no limitation on the size of the hauler's collection crew so long as they are sufficient to fulfill the requirements of the specifications of this Agreement. b. The Contractor's employees shall handle all containers Mftjj reasonable care to avoid damage, replace the containers in an upright position on the boulevard adjoining the curb and properly dispose of any contents which may be spilled. The Contractor's employees will also report to the Contractor any violations of regulations as they observe in the performance of their work. Employees shall be sober at all times in the performance of their duties, be of a presentable appearance, perform work in a neat and quiet manner, and at all times be courteous to the public. 3. Sion a_ A full-time superintendent of collections shall be employed by the Contractor and shall be the representative of the Contractor under this Agreement. The superintendent shall be on the job during normal hours of Collection Service and shall maintain proper schedules for collection. The superintendent shall have supervisory duties which shall include servicing of complaints. b. All services to be performed for the City by the Contractor pursuant to the terms of this Agreement shall be supervised by the Environmental Administrator . The Environmental Administrator shall have access to all of the Contractor's Elk River records and equipment at reasonable times. 4. Complaints a. The Contractor shall establish and maintain, an office with continuous supervision for accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except holidays as specified in this Agreement. The address and telephone number of such office and any changes shall be given to the Environmental Administrator in writing. 8 i Verified failure to make a pick-up or follow up on a complaint shall be cause to deduct $15.00 as liquidated damages from the monthly payment by the City. b. Whenever the City or a resident notifies the Contractor of a location which has not received scheduled Collection Service, the Contractor is required to service such location no later than the following working day from the time of complaint. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. 5. Legal Compliance a. The Contractor shall comply with ordinances of the City and the laws and regulations of Sherburne County and the State of Minnesota and their agencies relating to sanitation and collection of Garbage, Refuse, Rubbish, Recyclables, and SSO in effect during the term of this Agreement. b. The Contractor shall report all violations of ordinances pertaining to Garbage, Refuse, Rubbish, Recyclables, and SSO collection and disposal for enforcement purposes, including all unsanit. _ an y conditions to the Environmental Administrato 6. Safety a. The Contractor shaprovide"arid maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Employee safety and sanitation facility regulations are set forth in Minnesota . Statutes, Ch. 182 and in the D artment of Labor and Industry's Labor Safety ode RuleLISC 73-75).v: D. Payment Method 1. The City will compensate the Contractor according to the rates set forth in Attachment B for Collection Service, based on the number of dwelling units serviced each week, by a volume-based method. The actual number of dwellings serviced shall be determined from the invoices issued by the City to customers for Collection Service for that service month. 2. Additions or deductions in the number of units collected shall be subject to verification and agreement between the City and the Contractor. Such adjustments may not be made more often than once per month. a. The City will supply a record of accounts and adjustments to the Contractor on a weekly basis. b. The City will notify the Contractor of the dwelling units that make changes in their billing rate. 9 i C. New accounts will be divided equally between the City's two collection districts on a bi-annual basis. The new accounts will be counted bi-annually, but will not be adjusted unless there is a difference of more than 50 accounts. 3. During the period of this Agreement, the City will pay to the Contractor the compensation provided for in this Agreement, on or before the 15th day of each month, for Collection Service performed by the Contractor during the preceding calendar month. 4. Tipping fees charged by the ERRRF for Garbage, Refuse and Rubbish delivered to and accepted by the ERRRF pursuant to this Agreement shall be paid directly to the ERRRF by the City, until such time as City shall notify Contractor of an alternate arrangement. Tipping fees paid to any Facility other than ERRRF shall be paid by the Contractor, unless other arrangements are made in advance with the City, and the City will reimburse Contractor the lesser of actual tipping fees paid or the then current tipping fees at the ERRRF. City shall have the right, upon 15 days written notice, to have Contractor pay tipping fees to the ERRRF. All tipping fees paid to ERRRF will be reimbursed by City unless City has directed that refuse be delivered to a different Facility. 5. Price The base dwelling unit price paid by the City to the Contractor shall be as established in Attachment B to this Agreement. Beginning on November 1 of each even numbered year the City and the Contractor shall meet to jointly review the terms of this Agreement, including,the payment schedule outlined in Attachment B, to determine if any adjustments are needed. However, nothing in this clause or Agreement shall obligate the City to increase payment to the Contractor as a result of such meetings. 6. Additional Collection Services Charges for pick-up of additional items and for additional Collection Service shall be made directly by the resident owner to the Contractor at a rate approved by the City Administrator. The additional Collection Service price is established in Attachment C to this Agreement. 7. State sales tax and surcharges. The applicable state sales taxes and surcharges shall be billed by City to customers and paid to the state by City E. Performance of Agreement 1. The Contractor shall keep complete and accurate records in accordance with generally accepted accounting practices. 2. Payment and Collection of fees for Collection Services a. The City shall bill and collect monies due from residents for base Collection Service. 10 i b. The Contractor shall be responsible for the billing of Additional Collection Service to the dwelling unit. 3. The Contractor shall supply all labor, material, and equipment necessary for the carrying out of the Agreement. 4. Insurance During the entire period of the Agreement, the Contractor shall maintain, at its cost and expense, and file with the City, policies or certificates of Workers' Compensation and Liability Insurance. Minimum insurance policy coverage requirements are $500,000 bodily injury per person, $1,000,000 aggregate per occurrence, and $50,000 property damage. All policies evidencing insurance required by this paragraph shall name the City and the Contractor as named insureds, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of this Agreement, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing this Agreement. Such policies shall be in form and content satisfactory to the City Attorney and shall be filed with the City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City shall be filed with the City Clerk within ten (10) days from the execution of the Agreement, and yearly thereafter, at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Agreement. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at least one year in advance and on each renewal date provided therein. 5. ��� 7ncluding on ��actor agrees to indemnify and hold harmless the City, its agents, officers, and from any and all claims, causes of action, liabilities, losses, damages, costs, reasonable attorneys' fees, suits, demands, and judgments of any nature, because of bodily injury to, or death of, any person or persons and/or because of damages to property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including negligence, of the Contractor, or the Contractor's employees or agents in connection with the Contractor's performance of this Agreement. The Contractor agrees to defend any action brought against the City on any such matters, and to pay and satisfy any judgment entered thereon together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this Agreement. 6. Guaranty of Nondiscrimination The Contractor agrees that during the life of the Agreement, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed,national origin or ancestry, or sex, and will include a similar provision in all subcontracts entered into for the performance thereof. 11 i The Agreement may be cancelled or terminated by the City, and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the Agreement to comply with the provisions of Minnesota Statutes, § 181.59. 7. Assignment and Transfer. a. The Contractor will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part thereof or any interest therein, or any agreement to do any of the same, without the prior written approval of the City, which approval will not be unreasonably withheld. b. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: 1. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and 2. The transfer does not create an anti-trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Elk River; and ny proposed transferee, y instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly assumed all of the obligations of service under this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section IV.E.7., together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement; and There shall be submitted to the City for review all instruments and other legal documents involved in effecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other documents required by this Agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. 8. Payment of Subcontractors and Employees. The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or supplies and all just 12 i claims for such work, material, equipment, insurance, and supplies in and above the performance of this Agreement. 9. Termination a. This Agreement may be terminated only: i. By written Agreement by the parties; or ii. By the City if the City determines that the Contractor is in violation of the terms of this Agreement. In this instance, a written notice will be sent with the Contractor allowing ten (10) days to comply. Failure by the Contractor to comply with this Agreement will result in cause for the City to terminate this Agreement by written notice to the Contractor. iii. By the City, if more than five (5) complaints regarding Contractors performance under this Agreement are received in one (1) month. In this instance, Contractor will be put on probation for six (6) months. If any complaints additional complaint is received during the six month probation period, this Agreement may be terminated by the City upon written notice to the Con b. Upon termination of this Agreement. i. Contractor shall discontinue providing collection service on the date specified in the written Agreement to terminate or the City's notice to Contractor of termination; and ii. Contractor shall transfer all records, pick up their containers c. If the Contractor fails to fulfill any of the provisions of this Agreement, the City shall be authorized to fulfill the Contractor's obligation under this Agreement and may hire such personnel, or assign City employees and equipment, as may be necessary to do so. The City's costs to fulfill the Contractors obligations under this Agreement shall be the responsibility of the Contractor, shall be charged to the Contractor, and may be deducted from any monies due the Contractor, or may be collected from the Contractor. 10. Entire Agreement This Agreement including Attachments A, B, and C, incorporated herein by reference, is the entire agreement between the parties. No modification of this Agreement shall be valid or effective unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the City of Elk River and XXXX have executed this Agreement the day and year written below. Randy's Environmental Services, Inc. CITY OF ELK RIVER 13 i By: By: John J. Dietz Its: Its: Mayor By: Tina Allard Its: City Clerk a Date: Date: CERTIFICATES OF ACKNOWLEDGME STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE) On this day of , 2012,- fore me personally a eared who, being duly sworn, did say he/she is the , of Randy's Environmental Services, and acknowledged that he/she executed the same as his/her free act and deed. Notary Public STATE OF MINNESO ) ss. COUNTY OF SHERBURNE) On this day of , 2012, before me personally appeared John J. Dietz and Tina Allard, to me personally known, who, being duly sworn, did say they are the Mayor and City Clerk of the City of Elk River, Minnesota, and acknowledged the instrument to be the free act and deed of said corporation. Notary Public 14 i ATTACHMENT B d r City of Elk River Monthly rate matrix for waste and recycling services Current 1st Year Rates year Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 10 10 Year Agreement(start date 1/1/2013) 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 32 Gallon Residential Trash cart(Bi-Weekly) $6.36 $6.36 $6.53 $6.53 $6.69 $6.69 $6.89 $6.89 $7.08 $7.08 $7.31 32 Gallon Residential Trash cart $6.46 $6.46 $6.65 $6.65 $6.85 $6.85 $7.06 $7.06 $7.27 $7.27 $7.45 64 Gallon Residential Trash cart $6.57 $6.57 $6.77 $6.77 $6.97 $6.97 $7.18 $7.18 $7.39 $7.39 $7.59 96 Gallon Residential Trash cart' $6.67 $6.67 $6.87 $6.87 $7.08 $7.08 $7.29 $7.29 $7.51 $7.51 $7.69 Two 96 Gallon Residential Trash carts $11.67 $11.67 $11.87 $11.87 $12.08 $12.08 $12.29 $12.29 $12.51 $12.51 $12.69 Recycle Service with carts all sizes $3.00 $3.25 " $3.25 $3.25 $3.25 $3.25 $3.49 $3.49 $3.49 $3.49 $3.49 AN Monthly Recycling rates are for Single Sort,carted recycling. The use of a second trash cart is simply$5.00 more per month. 15 i ATTACHMEN Charges for Special Collection of Additionas (Based on Curbside Pick-Up) Auto car seat—single $18.00 Auto car seat—bench $18.00 Mattress $18.00 Box Spring $18.00 Carpet(per square yard) $0.90 Carpet padding (per square yard $0.60 Chair, Upholstered) $18.00 Couch $20.00 Hide-A-Bed $22.50 Bath tub $20.00 Television up to 27" $45.00 Television over 27" or console $65.00 Other items and charges for pick-up As negotiated between from other than curbside. Contractor and Property owners All items identified above must heduled with Contractor so as to provide proper equipment and manpower with payment attached aid item(s). The Contractor shall pay collection and disposal costs for these items. 16 i CITY OF ELK RIVER AGREEMENT FOR GARBAGE,REFUSE AND RECYCLING COLLECTION January 1, 2013 through December 31, 2022 This AGREEMENT (Agreement) made as of August 13, 2012, between the CITY OF ELK RIVER, MINNESOTA, a Minnesota municipal corporation(City) and Allied Waste Services of North America, LLC, a Delaware limited liability company, d/b/a Allied Waste Services of the Twin Cities—Blaine (Contractor), d/b/a Republic Services, Inc. RECITALS WHEREAS,the City requires the collection and disposal of7ge, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) from residences in the City of E F{ ' 'er; and WHEREAS, it is the intent of the City to establish a volume-based collection system of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) that encourages recycling and discourages disposal; and WHEREAS, the Contractor is a licensed hauler iu the City of Elk River engaged in the business of collection and disposing of Garbage, Refuse, Rubbish, Ree ' bles _,4Source Separated Organics (SSO); and WHEREAS,the City desires to hire`} ices of thy., tractor and the Contractor desires to provide these services to the City; and E�, WHEREAS, the City currently has a contract with Sherburne County pursuant to which the City has agreed to deliver all residential waste collected in the City to the Elk River Resource Recovery Facility (ERRRF) owned and operated by Great River Energy (GRE)., and to pay GRE directly for all City waste managed at the ERRRF. NOW, T REF.ORE it is ag ped by an,, .d', the parties: L %;W PURP: OF CONT The Contractor shall collect all Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) set out for collection within the "Designated Area" identified on Attachment A, all within the corporate boundaries of the City of Elk River, on a weekly basis (or on a biweekly basis for those customers with biweekly collection accounts) during the term of the Agreement. Such collections shall include all residential properties having four or less dwelling units in a single building by use of individual containers. In consideration of the exclusive collection rights for the "Designated Area" set forth in Attachment A, subject to the terms of this Agreement, Contractor acknowledges it is prohibited from the collection of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO) from residential properties having four or less dwelling units in a single building outside the "Designated Area"within the corporate limits of the City. It TERM OF CONTRACT The term of this Agreement shall be for a period of ten (10) years commencing on January 1, 2013. The City and the Contractor may agree to extend the term of this Agreement beyond the original 1 i term upon such terms and conditions, and for such length of time, as the parties shall mutually agree in writing. III. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings: "Additional Collection Service" means all items that are collected in excess of the maximum volume allowed for a dwelling unit. "Blue Bag" means the program used for SSO collection by means of placing SSO into Blue Bag Organics bays. The Blue Bays shall be directly placed into they a4" . age, refuse, and rubbish cart. Blue Bags will be removed at the transfer station and composte "Cart"means a 90-gallon, 60-gallon or 32-gallon receptacle with wheels supplied by the Contractor used to contain garbage or refuse. "Collection Service" means the collection and transportation of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics (SSO). "Day-Certain collection" means the City-approved plan for weekly Collection Service by an established day-certain schedule. This schedule requires collection on the same day of each week and is based on a five (5) day, Monday through Friday, working week. The only exceptions to the "day-certain"plan shall be during those weeks in which legal holidays occur. "Designated Area" means that area within the City of Elk River identified in Attachment A as: "Allied Waste Services" for which the Contractor is responsible for collections within the scope of this Agreement. "Dwelling Unit" means a separate dwelling place with a kitchen or area for the preparation of food. "Environmental Administrator" means the City Environmental Administrator or such other City employee designated by the City Administrator or the City Council. "ERRRF" means the Elk River Resource Recovery Facility. "Facility" means the ERRRF, Elk River Landfill, or any other solid waste disposal facility approved by the MPGA. "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking, service, and consumption of food. "Hazardous Waste" means waste identified as hazardous by State or Federal law, rules and regulations, including but not limited to 42 U.S.C. § 6903 (5), and regulations interpreting such act, or in Minnesota Statutes § 116.06, subd. 13, and regulations interpreting such statute, but not including waste excluded from regulation by Minnesota Rules 7045.0120A, as any of the foregoing may be amended from time to time. "MPCA" means the Minnesota Pollution Control Agency. 2 i "Source Separated Organics (SSO)" is comprised of food wastes, fish and animal waste,plant materials, and paper that is not recyclable because the MPCA has determined that no other person is willing to accept the paper for recycling "Recyclables" means reusable or reprocessable materials designated by the City. Recyclables include such items as newsprint, corrugated and ledger paper, glass, plastics, tin cans, aluminum, used motor oil, batteries, tires, and other metal goods. Recyclables specifically exclude refuse. "Recycling Container" means a container supplied by the Contractor to the dwelling unit to place Recyclables in for collection. "Refuse" means putrescible and nonputrescible solid waste from residences including Garbage and Rubbish, and specifically excluding Yard Waste, Recyclables, and Hazardous Wastes. Refuse further excludes industrial, commercial, agricultural, and construction Garbage or Rubbish and wastes. "Rubbish" means inorganic solid waste, including ashes, consisting of both combustible and noncombustible wastes, such as wood,bedding, crockery, and other nonreusable waste. Rubbish also includes nonrecyclable types of glass, paper, cardboard, and metal cans. "Unacceptable Waste"means waste delivered in quantities to the Facility which, as determined by the MPGA, County, City or Facility, may pose a threat to health or safety, or to the environment, or may cause damage to, or materially adversely affect, the operation of a Facility, including but not limited to: incinerator ash; foundry sand; explosives; hospital, pathological and biological waste;hazardous waste, chemicals and radioactive materials; oil sludges; asbestos in identifiable quantities; cesspool or other human waste other than that carried in disposable diapers; sewage and other highly diluted, water- carried materials or substances and those in gaseous forms; human or animal remains; street sweepings; ash; mining waste; sludges; demolition debris; hazardous refuse of any kind, such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs and such other materials as may be specified in writing from time to time by the City, County, State or Facility. "Volume-based" Collection Service" means the maximum amount of garbage and refuse a dwelling unit is permitted to dispose under the contract rate. "White goods" are large household items including refrigerators, stoves, dishwashers, washers and dryers, water heaters, carpeting and padding, mattresses, chairs, couches, tables, and such other items of furniture which are too large for one person to pick up. "Yard Waste" means garden wastes, leaves, lawn cuttings,weeds, shrub and tree waste and prunings. IV. SCOPE OF CONTRACT A. Collection Service 1. Garbage, Refuse and Rubbish Collection a. All occupants of residential properties consisting of four or less dwelling units in a single building in the City are required by ordinance to keep Garbage, Refuse and Rubbish in a cart container of 90, 60 or 32 gallons. b. Cart containers are to be furnished and maintained in good condition by the 3 i Contractor. Actual service needs are to be determined by volume accumulations as judged by the Environmental Administrator, upon review with the Contractor. C. Garbage, Refuse and Rubbish collection shall not include Hazardous Waste, Unacceptable Waste, Yard Waste, Recyclables or SSO. d. Garbage, Refuse and Rubbish cart containers shall be placed at the curb on collection day, in a location easily accessible to motor vehicle pick-up. Containers must be placed properly for pick-up prior to 6:00 a.m. and cannot continue past 7:00 p.m. on the day of collection to insure service. e. Door step service will be provided by the Contractor at the direction of the Environmental Administrator for el and disabled customers. f The Contractor shall not be required to provide Collection Services or be compensated for those households within the designated service area that operate as legal, permitted home occupations. g. The Contractor will provide biweekly low volume Collection Services for 32 gallon container users and two 90 gallon containers for large volume users, at the direction oftzavironmental Administrator, at the rate set forth in Attachment B. h. Garbage, Refuse'and Rubbish in excess of the designated volume-base per dwelling unit will be subject to additional Collection Service charges as follows: Contractor shall pick up excess Garbage, Refuse and Rubbish in bags placed outside of the resident's container only if the bag has a City issued sticker placed on it. Contractor shall be reimbursed $1.50 for each such bag picked up. Contractor shall be responsible for advising City of addresses which consistently have excess amounts of Garbage, Refuse and Rubbish, and City will determine whether to increase the container size for that address. 2) Collection rvice for white goods and large items must have prior arrangements made between the Contractor and resident for collection. The prices to be charged to residents for these Collection Services shall be as set forth in Attachment C. These charges will be billed directly from the Contractor to the resident. i. Garbage and recycling containers will be dropped off at new accounts by the Contractor within three (3) business days of notification by the City. Such notification must be in writing or e-mail. j. The Contractor shall deliver all Garbage, Refuse and Rubbish it collects under this Agreement to the ERRRF, unless otherwise directed by the City, Sherburne County or the ERRRF. In the event that Contractor is directed by City to a Facility other than the ERRRF or the Elk River Landfill, the Contractor shall be credited $1.00 per mile by the City for the round trip mileage between the ERRRF and the back-up Facility. 4 i k. Unless otherwise directed by City, Contractor shall, upon delivery of Garbage, Refuse and Rubbish to the ERRRF or other designated Facility give the Facility operator a load report on a form acceptable to Sherburne County that provides information concerning the load as may be required by the County. The Contractor shall also provide the City, on a monthly basis, with receipts showing the weight of Garbage, Refuse and Rubbish delivered to the ERRRF under this Agreement, or any other Facility to which Garbage, Refuse and Rubbish collected under this Agreement is delivered. 1. The Contractor shall not knowingly deliver any Unacceptable Waste to a Facility, nor shall the Contractor mix any Unacceptable Waste with Garbage, Refuse and Rubbish collected under this Agreement. If the Contractor is uncertain whether certain waste is Unacceptable Waste, Contractor may request a determination from the Facility by submitting a"Pre-Delivery Waste Evaluation"request in accordance with procedures established by Sherburne County. M. If a Facility has a reasonable basis to believe that Garbage, Refuse and Rubbish delivered by the Contractor contains Hazardous Waste or other Unacceptable Waste, the Facility operator may require the Contractor, at Contractor's expense, to recover and properly manage or dispose of waste deposited upon the tipping floor which contains Hazardous Waste or Unacceptable Waste. In the event Garbage, Refuse and Rubbish is rejected by the Facility, and the Contractor disagrees with a decision by the Facility to reject a load of Garbage, Refuse and Rubbish, the Contractor shall have the right to present information to the County, the Facility, and the City in support of its claim. The claim will then be resolved by the City, County and Facility. 2. Recycling Collection`; a. Recycling collection shall take place every other week for each dwelling unit, on the same day of the week as scheduled refuse, rubbish and garbage collection. The schedule shall be consistent with the schedule of the Garbage, Refuse and Rubbish collection. Daily service hours shall not begin prior to 6:00 a.m. nor continue past 7:00 p.m. b. All occupant or resident properties consisting of four or less dwelling units in a single building in the City will be provided Recycling Containers by the City for Recyclables. C. Collection will be from the curbside. All recyclables other than SSO shall be collected from a single container and need not be separated. SSO will be separated and plaeed in ir separate6eirtaiiicr pi^vwided by theCent£aeter. SSO will be collected via the Blue Bag Organics Program, weekly. Collection must be for all materials designated by the City as recyclables, including such items as paper, newspaper, magazines, and catalogs, glass containers, aluminum, tin cans, cardboard, plastics, and Source Separated Organics (SSO). The City may designate additional materials as Recyclables during the term of this Agreement. 5 d-.d. Blue Bag Organics shall be delivered to Great Rive Energy along with all Garbage, Refuse, and Rubbish. Great River Energy staff will sort out the Blue Bags to be delivered to an organics composting site. Great River Energy will include a tipping fee of$6.00 for all Blue Bag Organics loads, to be paid by the City. e. The Contractor shall not mix other types of refuse or inorganic materials with the Recyclables or take any action so as to make the Recyclables unacceptable to the operators of the recycling center. o_f. The Contractor shall provide monthly reports to the City of all recyclables collected. The required information in s the market, the receipts, and the net weight and type of material. B. Service Schedule 1. All Collection Service shall be conducted between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday, except when an emergency shall exist, at which time the Contractor shall notify the City Environmental Administrator of such emergency conditions. The Contractor may perform Collection Services on Saturday when a holiday falls on a weekday. 2. Collection Services shall be done in accordance with a schedule of pick-ups to be established by the Contractor and submitted in writing to the City Environmental Administrator for prior approval. The schedule shall include the areas in which pick-ups will be made each day of the week and how many vehicles will be used in the area. Each dwelling unit shall have its refuse collected a minimum of once a week, except those dwelling units for which the City has approved biweekly pick-up. The Contractor may request a change in the day of pick-up by requesting such change in writing to the Environmental Administrator at least twenty-one (21) days prior to the proposed date the requested change is to take effect. A change shall be effected only upon authorization from the Environmental Administrator and fourteen(14) days' notice to the residents. b_ The Contractor shall bear all costs involved on notifying residents of approved schedule changes. C. The Contractor may request a change in the route schedule by requesting such change in writing to the Environmental Administrator and at least thirty (30) days prior to the proposed date the requested change is to take effect. A route change shall be effected only upon authorization from the Environmental Administrator. 3. The Contractor shall not be required to provide Collection Service on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day (the Holidays); provided, that the Holiday falls on a weekday, it will be the only day on which routes are not collected. When a Holiday falls on a weekday, the Contractor will collect the routes for the designated day the following day for the rest of the week. Specifically, if a Holiday falls on a Monday, the 6 i Monday routes will be collected Tuesday, the Tuesday routes will be collected on Wednesday and so on through Saturday of the week during which the Holiday falls. It shall be the Contractor's responsibility to notify residents of any changes in the collection schedule as a result of said Holidays. 4. Only such pick-ups shall be made as have been authorized by the City Environmental Administrator, and the Contractor shall not be entitled to payment for any pick-up(s) not authorized by the Environmental Administrator. a. In the event that a dwelling unit has been authorized for refuse Collection Service and the Environmental Administrator wishes to discontinue Collection Services at such residence, the Environmental Administrator shall notify the Contractor to that effect at least one week prior to the date of discontinuance of such service. b. When the Environmental Administrator notifies the Contractor, in writing, e-mail or by facsimile, that the owner or occupant of a residence has refused service, such service shall be discontinued within one week from the time of such request. 5. The City reserves the right to improve or temporarily close any street or alley which may prevent the Contractor from traveling his/her accustomed route or routes for collection. The Contractor shall contact the Environmental Administrator prior to each construction season to determine areas of conflict and possible alternate routes or solutions. No additional compensation will be due for this interference. 6. The City reserves the right to adjust the "Designated Area" identified in Attachment A as provided in this Agreement. ' C. Performance of Collection 1. Equip ent a. The Contractor shall make a collections of Garbage, Refuse Rubbish Recyclables and SSO in water-tight metal receptacles or vehicles with closed tops so constructed that their contents will not leak, spill, or scatter there from. Should any Garbage, Refuse, Rubbish, Recyclables, or SSO be dumped or spilled in collecting or transporting, it shall be immediately cleaned up. A broom and shovel in good useable condition should be placed and maintained on each vehicle for this purpose. Receptacles and vehicles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect Garbage, Refuse, Rubbish, Recyclables, and SSO. b. All vehicles shall be painted and marked uniformly and shall have the hauler's name and telephone number prominently displayed in letters of a contrasting color, at least three inches high, on each side of the vehicles. C. The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, state, and municipal regulations concerning vehicles used on public roads and 7 i maintained to meet these standards. Equipment is subject to periodic inspection by the City. d. The Contractor shall furnish the Environmental Administrator with a written description of all vehicles and equipment to be used within the City of Elk River and in the performance of this Agreement and shall advise the Environmental Administrator in writing on any withdrawal of a part of such equipment or of any change therein within one week of the time of making such change. e. Each collection vehicle shall have a flashing light warning system, fire extinguisher and proper back-up alarms as approved by the Environmental Administrator. 2. Personnel Requirements a. There shall be no limitation on thesize o auler's collection crew so long as they are sufficient to fulfill the requir its of the specifications of this Agreement. b. The Contractor's employees shall handle all contain h reasonable care to avoid damage, replace the containers in an upright po n on the boulevard adjoining the curb and properly dispose of any contents which may be spilled. The Contractor's employees will also report to the Contractor any violations of regulations as they observe in the performance of their work. Employees shall be sober at all times in the performance of their duties, be of a presentable appearance, perform work in a neat and quiet manner, and at all times be courteous to the public. 3. Supervision E� a_ A full-time superintendent of collections shall be employed by the Contractor and shall be the representative of the Contractor under this Agreement. The superintendent shall be on the job during normal hours of Collection Service and shall maintain proper schedules for collection. The superintendent shall have supervisory duties which shall include servicing of complaints. b. All services to be performed for the City by the Contractor pursuant to the terms of this Agreement shall be supervised by the Environmental Administrator . The Environmental Administrator shall have access to all of the Contractor's Elk River records and equipment at reasonable times. 4. Complaints a. The Contractor shall establish and maintain, an office with continuous supervision for accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except holidays as specified in this Agreement. The address and telephone number of such office and any changes shall be given to the Environmental Administrator in writing. 8 i Verified failure to make a pick-up or follow up on a complaint shall be cause to deduct $15.00 as liquidated damages from the monthly payment by the City. b. Whenever the City or a resident notifies the Contractor of a location which has not received scheduled Collection Service, the Contractor is required to service such location no later than the following working day from the time of complaint. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. 5. Legal Compliance a. The Contractor shall comply with ordinances of the City and the laws and regulations of Sherburne County and the State of Minnesota and their agencies relating to sanitation and collection of Garbage, Refuse, Rubbish, Recyclables, and SSO in effect during the term of this Agreement. b. The Contractor shall report all violations of ordinances pertaining to Garbage, Refuse, Rubbish, Recyclables, and SSO collection and disposal for enforcement purposes, including all unsanitar an y conditions, to the Environmental Administrato 6. Safety a. The Contractor shall provide.and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Employee safety and sanitation facility regulations are set forth in Minnesota Statutes, Ch. 182 and in the Department of Labor and Industry's Labor Safety Code Rule (LISC 73-75). D. nt Method 1. The City will compensate t e Contractor according to the rates set forth in Attachment B for Collection Service, based on the number of dwelling units serviced each week, by a volume-based method. The actual number of dwellings serviced shall be determined from the invoices issued by the City to customers for Collection Service for that service month. 2. Additions or deductions in the number of units collected shall be subject to verification and agreement between the City and the Contractor. Such adjustments may not be made more often than once per month. a. The City will supply a record of accounts and adjustments to the Contractor on a weekly basis. b. The City will notify the Contractor of the dwelling units that make changes in their billing rate. 9 i C. New accounts will be divided equally between the City's two collection districts on a bi-annual basis. The new accounts will be counted bi-annually, but will not be adjusted unless there is a difference of more than 50 accounts. 3. During the period of this Agreement,the City will pay to the Contractor the compensation provided for in this Agreement, on or before the 15th day of each month, for Collection Service performed by the Contractor during the preceding calendar month. 4. Tipping fees charged by the ERRRF for Garbage, Refuse and Rubbish delivered to and accepted by the ERRRF pursuant to this Agreement shall be paid directly to the ERRRF by the City, until such time as City shall notify Contractor of an alternate arrangement. Tipping fees paid to any Facility other than ERRRF shall be paid by the Contractor, unless other arrangements are made in advance with the City, and the City will reimburse Contractor the lesser of actual tipping fees paid or the then current tipping fees at the ERRRF. City shall have the right, upon 15 days written notice, to have Contractor pay tipping fees to the ERRRF. All tipping fees paid to ERRRF will be reimbursed by City unless City has directed that refuse be delivered to a different Facility. 5. Price The base dwelling unit price paid by the City to the Contractor be as established in Attachment B to this Agreement. Beginning on November 1 of each even numbered year the City and the Contractor shall meet to jointly review the terms of this Agreement, including the payment schedule outlined in Attachment B, to determine if any adjustments are needed. However, nothing in this clause or Agreement shall obligate the City to increase payment to the Contractor as a result of such meetings. 6. Additional Collection Services Charges for pick-up of additional items and for additional Collection Service shall be made directly by the resident owner to the Contractor at a rate approved by the City Administrator. The additional Collection Service price is established in Attachment C to t 'N his Agreement. 7. State sales tax and surcharges. The applicable state sales taxes and surcharges shall be billed by City to customers and paid to the state by City E. Performance of Agreement 1. The Contractor shall keep complete and accurate records in accordance with generally accepted accounting practices. 2. Payment and Collection of fees for Collection Services a. The City shall bill and collect monies due from residents for base Collection Service. 10 i b. The Contractor shall be responsible for the billing of Additional Collection Service to the dwelling unit. 3. The Contractor shall supply all labor, material, and equipment necessary for the carrying out of the Agreement. 4. Insurance During the entire period of the Agreement, the Contractor shall maintain, at its cost and expense, and file with the City, policies or certificates of Workers' Compensation and Liability Insurance. Minimum insurance policy coverage requirements are $500,000 bodily injury per person, $1,000,000 aggregate per occurrence, and $50,000 property damage. All policies evidencing insurance required by this paragraph shall name the City and the Contractor as named insureds, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of this Agreement, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing this Agreement. Such policies shall be in form and content satisfactory to the City Attorney and shall be filed with the City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City shall be filed with the City Clerk within ten (10) days from the execution of the Agreement, and yearly thereafter, at least thirty (30) days prior to the date of the expiration of said policies of insurance for each year of the Agreement. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at least one year in advance and on each renewal date provided therein. 5. cation ` The Contractor agrees to indemny`and hold harmless the City, its agents, officers, and k employees from any and all claims, causes of action, liabilities, losses, damages, costs, expenses including reasonable attorneys' fees, suits, demands, and judgments of any nature, because of bodily injury to, or death of, any person or persons and/or because of damages to property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including negligence, of the Contractor, or the Contractor's employees or agents in connection with the Contractor's performance of this Agreement. The Contractor agrees to defend any action brought against the City on any such matters, and to pay and satisfy any judgment entered thereon together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this Agreement. 6. Guaranty of Nondiscrimination The Contractor agrees that during the life of the Agreement, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed,national origin or ancestry, or sex, and will include a similar provision in all subcontracts entered into for the performance thereof. 11 i The Agreement may be cancelled or terminated by the City, and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the Agreement to comply with the provisions of Minnesota Statutes, § 181.59. 7. Assignment and Transfer. a. The Contractor will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part thereof or any interest therein, or any agreement to do any of the same, without the prior written approval of the City, which approval will not be unreasonably withheld. b. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: 1. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and 2. The transfer does not create an anti-trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Elk River; and ny proposed transferee, bynstrumerit in writing satisfactory to the City for itself and their successors and assigns, and expressly assumed all of the obligations of service under this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section IV.E.7., together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this jAgreement) no transfer of, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement; and There shall be submitted to the City for review all instruments and other legal documents involved in effecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other documents required by this Agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. 8. Payment of Subcontractors and Employees. The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or supplies and all just 12 i claims for such work, material, equipment, insurance, and supplies in and above the performance of this Agreement. 9. Termination a. This Agreement may be terminated only: i. By written Agreement by the parties; or ii. By the City if the City determines that the Contractor is in violation of the terms of this Agreement. In this instance, a written notice will be sent with the Contractor allowing ten (10) days to comply. Failure by the Contractor to comply with this Agreement will result in cause for the City to terminate this Agreement by written notice to the Contractor. iii. By the City, if more than five (5) complaints regarding Contractors performance under this Agreement are received in one (1) month. In this instance, Contractor will be put on probation for six (6) months. If any complaints additional complaint is received during the six month probation period, this Agreement may be terminated by the City upon written notice to the Contractor. b. Upon termination of this Agreement: i. Contractor shall discontinue providing collection service on the date specified in the written Agreement to terminate or the City's notice to Contractor of termination; and ii. Contractor shall transfer all records, pick up their containers c. If the Contractor fails to fulfill any of the provisions of this Agreement, the City shall be authorized to fulfill the Contractor's obligation under this Agreement and may hire such personnel, or assign City employees and equipment, as may be necessary to do so. The City's costs to fulfill the Contractors obligations under this Agreement shall be the responsibility of the Contractor, shall be charged to the Contractor, and may be deducted from any monies due '< the Contractor, or may be collected from the Contractor. 10. Entire Agreement This Agreement including Attachments A, B, and C, incorporated herein by reference, is the entire agreement between the parties. No modification of this Agreement shall be valid or effective unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the City of Elk River and Allied Waste Services have executed this Agreement the day and year written below. Allied Waste Services CITY OF ELK RIVER By: By: John J. Dietz 13 i Its: Its: Mayor By: Tina Allard Its: City Clerk Date: Date: CERTIFICATES OF AC KN ENT STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE) On this day of , 2012, before me personally appeared who, being duly sworn, did say he/she is the lk , of Allied Waste Services, and acknowledged that he/she executed the same as his/her free act and Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE) On this day of - , 2012, before me personally appeared John J. Dietz and Tina Allard, to me personally known, who, being duly sworn, did say they are the Mayor and City Clerk of the City of Elk River, Minnesota, and acknowledged the instrument to be the free act and deed of said corporation. Notary Public 14 i ATTACHMENT B City of Elk River Monthly rate matrix for waste and recycling services Current 1st Year Rates year Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 10 10 Year Agreement(start date 1/1/2013) 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 32 Gallon Residential Trash cart(Bi-Weekly) $6.36 $6.36 $6.53 $6.53 $6.69 $6.69 $6.89 $6.89 $7.08 $7.08 $7.31 32 Gallon Residential Trash cart $6.46 $6.46 $6.65 $6.65 $6.85 $6.85 $7.06 $7.06 $7.27 $7.27 $7.45 64 Gallon Residential Trash cart $6.57 $6.57 $6.77 $6.77 $6.97 $6.97 $7.18 $7.18 $7.39 $7.39 $7.59 96 Gallon Residential Trash cart $6.67 6.67 $6.87 $6.87 $7.08 $7.08 $7.29 $7.29 $7.51 $7.51 $7.69 Two 96 Gallon Residential Trash carts $11.67 67 $11.87 $11.87 $12.08 $12.08 $12.29 $12.29 $12.51 $12.51 $12.69 r Recycle Service all sizes $3.00 $3.25 $3.25 $3.25 $3.25 $3.25 $3.49 $3.49 $3.49 $3.49 $3.49 Monthly Recycling rates are for Single Sort,carted recycling. The use of a second trash cart is simply$5.00 more per month. INr 15 i ATTACHMENT C Charges for Special Collection of Additional Items (Based on Curbside Pick-Up) Auto car seat—single $18.00 Auto car seat—bench $18.00 Mattress $18.00 Box Spring $18.00 Carpet (per square yard) $0.90 Carpet padding (per square yard $0.60 Chair, Upholstered) $18.00 Couch $20.00 Hide-A-Bed $22.50 Bath tub $20.00 Television up to 27" $45.00 Television over 27" or console $65.00 Other items and charges for pick-up As negotiated between from other than curbside. Contractor and Property owners v All items identified above must be pre-scheduled with Contractor so as to provide proper equipment and manpower with payment attached to said item(s). The Contractor shall pay collection and disposal costs for these items. 16