4.2. SR 12-18-2000
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City of "
Elk
Memorandum
Item 14.2.
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: DECEMBER 18, 2000
SUBJECT: SHERBURNE COUNTY/CITY OF ELK
RIVER DISPOSAL CONTRACT FOR
RESIDENTIAL REFUSE SERVICE
Disposal Site for City Refuse
At their November 13,2000 meeting, the Elk River City Council approved a motion to
enter into a disposal contract to have the city's residential garbage delivered to NRG's
Resource Recovery Facility during 2001 at a fee of$45/ton. The county is now
requesting that the city consider extending this contract out until August 31, 2008, at the
same tipping fee of $45/ton. Under the new contract, which is attached to this memo, no
increase in the tipping fee is allowed without the city's written permission.
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Staff feels the extended time period at the same tipping fee will aid the city in keeping the
cost of its residential garbage service from fluctuating. The private haulers working in
Sherburne County have entered into similar contracts with the county. Staff
recommends that the City of Elk River enter into the contract with Sherburne
County for disposal of its residential refuse at the RDF plant through April 31, 2008,
at a cost of $45/ton.
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13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
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WASTE DELIVERY CONTRACT
BETWEEN SHERBURNE COUNTY
AND
CITY OF ELK RIVER
This Waste Delivery Contract (the Contract) is made this day of
, 2000, by and between the COUNTY OF SHERBURNE ("the
County"), 13880 Highway 1 a, Elk River, Minnesota, a political subdivision under the Laws
of Minnesota, and CITY OF ELK RIVER, ("City") a municipal corporation under the laws of
Minnesota.
WHEREAS, the County has entered into a Design and Construction Agreement and a
Service Agreement with Northern States Power Company (NSP) for the design,
construction, ownership and operation of the Elk River Resource Recovery Facility
(Facility) located in Elk River, Minnesota; and
WHEREAS, the County is contractually obligated under the Service Agreement with
NSP to deliver a guaranteed amount of solid waste to the Facility; and
WHEREAS, the County has complied with the requirements of Minn. Stat. 3 115A.80 et
seq. to negotiate waste delivery contracts; and
WHEREAS, the County has the authority, pursuant to Minn. Stat. 3 115A.80 et seq., and
473.813, to enter into a contract with the City of Elk River for the delivery of solid waste
from Eastern Sherburne County to the Facility for the purpose of processing the solid waste;
and
WHEREAS, the City of Elk River desires to enter into a contract with the County to
deliver all of the Acceptable Waste for its residential program to the Facility.
NOW, THEREFORE, in consideration of the promises and mutual agreements
hereinafter set forth, the parties hereto agree as follows:
ARTICLE I. TERM
This Contract shall commence upon the effective date and shall continue through August
31,2008, unless earlier terminated pursuant to Article X, Section (J). This Contract may be
renewed by mutual written agreement of the parties extending the term hereof.
ARTICLE II. DEFINITIONS
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A. "Acceptable Waste" is defined as garbage, refuse, and other solid waste from
residential, commercial, industrial and community activities, which is generated in
Sherburne County, but does not include Unacceptable Waste.
B. "Authorized Representative" is defined as the person chosen by each party to
coordinate activities and to receive notices under this Contract.
C. "Back-up Facility" is defined as a waste facility to which the County has directed the
Hauler in the event that Acceptable Waste must be diverted from the Elk River
Resource Recovery Facility due to lack of capacity or other problems at the Facility.
D. "Eastern Sherburne County" is defined by the Designation Ordinance for Sherburne
County.
E. "Facility" is defined as the Elk River Resource Recovery Facility constructed and
operated by NSP in Elk River, Minnesota, and such other facilities as may be
designated by the County.
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F. "Hazardous Waste" is waste defined as hazardous waste by State or Federal law,
rules and regulations from time to time, including but not limited to 42 U.S.c. 3
6903(5), and regulations interpreting such act, or in Minnesota Statutes 3 116.06,
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.
G. "Holidays" are defined as New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
H. "Recyclable Materials" are defined as materials that are separated from solid waste
for the purpose of recycling, including paper, glass, plastics, metals, automobile oil,
and batteries. Refuse-derived fuel or other material that is destroyed by incineration
is not a recyclable material.
I. "Tipping Fees" are defined as the fees charged to the Hauler pursuant to this
Contract to deliver waste to the Facility or a Back-up Facility.
J. "Unacceptable Waste" is defined as waste delivered in quantities which, as
determined by the County, may pose a threat to health or safety, or to the
environment, or may cause damage to, or materially adversely affect, the operation
of the 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; 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
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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 County.
ARTICLE III. REPRESENTATIONS
A. City of Elk River Representations
1. The City of Elk River is a Municipal corporation in the State of Minnesota.
2. The City has full power and authority to execute the Contract and such execution
constitutes a binding legal obligation of the City that is fully enforceable in
accordance with its terms and conditions.
3. The execution of the Contract does not conflict with any other agreement,
indenture or any other instrument to which the City is a party.
B. County Representations
1. The County is a political subdivision of the State of Minnesota.
2. The execution of this Contract by the Chairperson of the Board of County
Commissioners has been duly authorized and approved by the Board of County
Commissioners, and no other authorizations, approvals, or consents are required
in order for this Contract to constitute a binding and enforceable legal obligation
of the County.
ARTICLE IV. PURPOSE
The County recognizes that the City of Elk River has municipal garbage collection for its
residential properties (consisting of four or less dwelling units in a single building) and the
scope of this agreement is for the benefit of providing the lower tip fee to the City, which
desires to use the Facility as its primary waste management method.
ARTICLE V. OPERATIONS
A. Delivery of Acceptable Waste
1. Except as otherwise provided in this Contract, the City agrees to deliver all
Acceptable Waste it collects to the Facility or such other points of delivery for
processing as specified by the County. Any waste that is not going to be
processed and has to be diverted will be sent to the Elk River Landfill. Any cost
above the tip fee shall be borne by the City.
2. The City agrees that it will not deliver any Unacceptable Waste to the Facility.
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3. The City agrees that it will not mix any Unacceptable Waste with Acceptable
Waste collected in the County.
4. The City agrees that its contracted haulers will, upon delivery of any waste to the
Facility or Back-up Facility, give the facility operator a load report on a form
acceptable to the County that provides information concerning the load as may
be required by the County, including but not limited to disclosure of the county
or counties of origin for that load of waste.
5. The City is not obligated by this Contract to deliver to the Facility recyclable
materials that are recycled or yard waste delivered to a licensed yard waste
facility. Upon request of the County, the City shall provide documentation to
the County on information regarding recycling.
6. If the City separates recyclable materials from Acceptable Waste, the hauler shall
ensure that residual materials left after such separation shall be del ivered to the
Facility, unless they constitute Unacceptable Waste.
7. If the City's contracted haulers are uncertain whether certain waste is Acceptable
Waste; the Hauler may request a determination by submitting an '~ Pre-
Delivery Waste Evaluation" request in accordance with the procedureK NR~
established by the County.
B. Rejection of Deliveries and Responsibilities for Hazardous/Unacceptable Waste. A
delivery of waste may be rejected at the Facility under one or more of the following
circumstances:
1. If waste is delivered at hours other than those specified herein.
2. The City's contracted haulers may be denied entrance if there is a reasonable
basis to believe that a vehicle contains Hazardous Waste or other Unacceptable
Waste. At the contracted hauler's expense, the Facility operator may require the
contracted hauler to recover and dispose of waste deposited upon the tipping
floor which contains Hazardous Waste or other Unacceptable Waste (including
Acceptable Waste contaminated by Unacceptable Waste). If the Facility
operator has reasonable, factual information indicating that Hazardous Waste or
Unacceptable Waste was delivered by the contracted Hauler, and the contracted
Hauler has left the tipping floor, the contracted Hauler must return and remove
such Hazardous Waste or Unacceptable Waste, and dispose of it in accordance
with all applicable federal, state and local laws.
In the event waste is rejected by the Facility operator, the City and the contracted
hauler shall be provided with documentation certifying the rejection and reasons
therefore. All costs of removal and disposal of Hazardous Waste or other
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Unacceptable Waste (including Acceptable Waste contaminated by Unacceptable
Waste) shall be borne by the contracted Hauler.
In the event that the contracted hauler disagrees with a decision to reject a load of
waste, the contracted hauler shall have the right to present information to the
County in support of its claim that the Facility operator wrongfully rejected the load
of waste. The contracted hauler's claim will be resolved by one representative of
the County, one representative of the Facility operator and one representative of the
City.
C. Additional Delivery Requirements
1. The City's contracted haulers agree that it shall comply with such reasonable
rules and regulations regarding the use of the Facility as the Facility operator may
periodically adopt.
2. Subject to applicable County and municipal ordinances or other notice from the
County, the Hauler may normally deliver waste to the facility, Monday through
Saturday, 24 hours a day, excluding Holidays, or as otherwise permitted.
3. Subject to applicable County and municipal ordinances and in the event
of a natural disaster or other emergency, delivery hours and days of the
Facility may be adjusted and written or verbal notice of such adjustment
will be provided to the City and contracted haulers as soon as possible.
4. The County or the Facility operator shall provide written or verbal notices to the
contracted Haulers and the City in the event the Facility is not accepting waste.
The contracted Hauler shall provide the County with certified scale records
specifying the number of tons and disposition of Acceptable Waste delivered to
other sites during the period the Facility is unable to accept waste.
5. In the event that the primary designated Facility is not accepting waste and the
County specifies a Back-up Facility, the City agrees to deliver all Acceptable
Waste collected in the County to such Back-up Facility. If such waste is being
diverted, then the County shall ensure that the non-processed and diverted waste
goes to the Elk River Landfill. The City agrees that any added cost above the tip
fee shall be borne by the City.
6. All contracted Hauler's vehicles that deliver waste to the Facility shall
prominently display on the outside of the vehicle the identification license decal
as required by County licensing provisions, and follow such other identification
and reporting procedures as the County or the Facility operator may require.
ARTICLE VI. TIPPING FEE
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A. The County shall cause the Facility to charge the City a Tipping Fee of $45.00 per
ton, guaranteed for the term of this contract. No increase is permitted except by
written permission of the City.
B. If the County directs the City's contracted hauler to deliver waste to a Back-up
Facility, the City shall pay the amounts that would have otherwise been payable to
the Facility, less a credit of $1.00 per mile for the round-trip from the Facility to the
Back-up Facility, as determined by the County. The City shall pay said amounts in
accordance with payment instructions from the County and the County shall pay the
charges at the Back-up Facility.
C. The City agrees to comply with such reasonable billing and payment procedures as
the Facility operator or the County may periodically adopt.
D. For purposes of determining the amounts due, the number of tons of waste delivered
pursuant to this Contract during the month shall be established by the weight
records from the Facility or Back-up Facility scales. In the event such scales are
down, cubic yards will be converted into weights following the procedures set forth
in the Department of Revenue regulations for collecting the landfill surcharge tax,
unless the County is able to verify from records that a different conversion
procedure is more accurate for the waste delivered.
ARTICLE VII. NOTICE REQUIREMENTS
A. The County shall notify the City and the contracted haulers in writing if any
additional chemical or other substance shall be considered Unacceptable Waste.
B. The County or the Facility operator shall provide written or verbal notice to the City
and the contracted Haulers in the unlikely event the Facility is not accepting waste.
ARTICLE VIII. DEFAULT
A. City Default. The following shall constitute defaults by the City:
1. Hauling Acceptable Waste to a landfill or a site other than the Facility, unless
directed to do so by the County or as may be otherwise allowed under this
Contract;
4. Failure to make timely payment of Tipping Fees charged;
5. Persistent and repeated failure to fulfill any of its material obligations under this
Contract; or
B. County Default. The following shall constitute default by the County: The persistent
and repeated failure to fulfill any of its material obligations under this Contract.
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C. Opportunity to Cure. No event of default set forth in this Article shall give rise to
the right to terminate unless and until: (1) written notice is given to the defaulting
party, specifying that a particular event of default exists which will, unless corrected
within a thirty (30) day period of time, constitute a material breach of the Contract
on the part of the defaulting party; and (2) the defaulting party has not corrected
such default within such period of time. The parties agree during the 30-day period
to meet and confer in good faith.
ARTICLE IX. INDEMNIFICATION
Indemnification. The Parties will indemnify, defend and save harmless the other, its
agents, elected officials, employees and volunteers from all claims, damages, losses,
liabilities, costs, expenses and lawsuits whatsoever arising out of any act or omission on
the part of the other or its contractors, agents, servants or employees in the performance
of or in relation to any of the work or services to be performed or furnished by the other
under the terms of this Contract. Nothing in this Contract shall constitute a waiver or
diminution by the County or the City of any immunities or statutory limitations on
liability.
ARTICLE X. MISCELLANEOUS
A. Authorized Representatives and Notice. A party shall notify the other parties in
writing of any change in the party's address or Authorized Representative. All
written notices required pursuant to this Contract shall be either hand delivered or
mailed to the Authorized Representative of the City and the County at the following
addresses:
County: Sherburne County Solid Waste Officer
Sherburne County Government Center
13880 Highway 10
Elk River, MN 55330
City: City of Elk River Building and Zoning Administrator
P.O. Box 490
Elk River, Minnesota 55330
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B. Relationship of the Parties. For the purposes of this Contract, the City and the
County are not joint ventures and shall be deemed to be independent contractors
and not employees or agents of the other.
C. Assignment. The City shall not assign any interest in the Contract nor transfer of any
interest in the same, whether by subcontract, assignment or novation without prior
consent of the County.
D. Survival of Representations and Warranties. The representations, warranties,
covenants, and agreements of the parties under this Contract, and the remedies of
either party for the breach of such representations, warranties, covenants, and
agreement by the other party shall survive the execution and term of this Contract.
E. Waiver. The waiver of any of the rights and/or remedies arising under the terms of
the Contract on anyone occasion by any party hereto shall not constitute a waiver
of any rights or remedies in respect to any subsequent breach or default of the terms
of the Contract. The rights and remedies provided or referred to under the terms of
the Contract are cumulative and not mutually exclusive.
F. Equal Employment Opportunity. The Parties agrees to comply with all federal, state
and local laws, resolutions, ordinances, rules, regulations and executive orders
pertaining to unlawful discrimination on account of race, color, creed, national
origin, sex, marital status, status with regard to public assistance, disability,
handicapped status, age, or sexual orientation.
G. Entire Agreement. The Contract shall constitute the entire agreement between the
parties and shall supersede all prior oral and written negotiations.
H. Governing Law. The Contract shall be interpreted and construed according to the
laws of the State of Minnesota, excluding the State of Minnesota's choice of law
prOVISions.
I. Alteration Clause. Any alteration, amendment, modification or waiver of the
provisions of this Contract shall be valid only after it has been reduced to writing
and duly signed by both parties.
J. Termination.
1. In the event that the City and the County mutually agree in writing to terminate
this Contract, such termination shall take effect on the date agreed upon by the
parties.
2. This Contract may be terminated after thirty days (30) by the County by written
notice specifying the termination date in the event the Service Agreement
between the County and NSP is terminated.
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3. Either party may terminate by reason of the default of the other party following
five (5) days written notice to the defaulting party, unless the default has been
cured within the thirty-day period following notice of default as provided in
Section VIII.C.
4. In the event that any court finds this Contract, in whole or in part, to be
discriminatory or unconstitutional, or in any other way interferes with the
County's or City's ability to complete its obligations contained herein, either
party may immediately terminate the Contract.
5. In the event that the funds used to support the reduced tipping fees in this
Contract become unavailable due to depletion or any judicial or administrative
decision that the use or collection of said funds is in any manner improper or
illegal, the County may terminate this Contract after thirty days written notice.
6. The parties agree that the City may terminate this contract for any or no reason
after a thirty-day notice of the same.
K. Severability. The provisions of this Contract shall be deemed severable. If any part
of this Contract is rendered void, invalid, or unenforceable, such rendering shall not
affect the validity and enforceability of the remainder of this Contract.
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. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of
day of , 2000, notwithstanding the
effective date of the contract.
COUNTY OF SHERBURNE
CITY OF ELK RIVER
By:
By:
Chair, Sherburne County Board
Of Commissioners
Mayor of the City of Elk River
Dated:
Dated:
ATTESTED TO:
ATTESTED TO:
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Sherburne County Administrator
City Administrator
Dated:
APPROVED AS TO FORM AND EXECUTION:
For the County of Sherburne
Walter Kaminsky, County Attorney
For the City of Elk River
City Attorney
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h:12903/ucalwpdatalcitye/kriver 2000 to 2008 contract.doc
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