4.3 SR 10-03-2022Request for Action
To
Item Number
Mayor and Ci T Council
4.3
Agenda Section
Meeting Date
Prepared by
Consent
October 3, 2022
Suzanne Fischer, Environmental/Special Projects Director
Item Description
Reviewed by
Residential Garbage & Recycling Contract
Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, extension of the contract with Allied Waste Services of North American, LLC., for garbage,
recycling, and optional yard waste collection.
Background/Discussion
The extension agreement with Allied Waste Services of North America, LLC., (Subs. Republic Services), has a 5-yr
term with the city from April 1, 2022, through March 31, 2027, for residential waste collection.
The rates will not change for 2023 as previously discussed with Council but will increase in small increments
thereafter. The cost breakdown is included in Attachment A of the contract. It is roughly a 0.38% increase per year
due to increased costs for operations, drivers, and fuel, in addition to market fluctuations. The updated contract has
modifications for customer service concerns, optional yard waste service and communication requirements.
Financial Impact
N/A
Mission/Policy/Goal
Environmental protection.
Attachments
■ Agreement for Garbage, Recycling and Yard Collection Services
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei l_ y.
M
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Updated.• August 2020
CITY OF ELK RIVER
AGREEMENT FOR GARBAGE, YARD WASTE, AND RECYCLING COLLECTION
April 1, 2022, through March 31, 2027
This AGREEMENT (Agreement) is made as of _ , 2022, 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).
RECITALS
WHEREAS, the City requires the collection and disposal of Garbage and Recyclables
from residences in the City of Elk River; and
WHEREAS, the City has established a volume -based collection system of Garbage and
Recyclables 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 collecting and disposing of Garbage and Recyclables; and
WHEREAS, the City desires to hire these services of the Contractor and the Contractor
desires to provide these services to the City.
NOW, THEREFORE, it is agreed by and between the parties:
I. PURPOSE OF CONTRACT.
The Contractor shall collect all Garbage and Recyclables set out for collection all within
the corporate boundaries of the City of Elk River, with Garbage service on a weekly basis
(or on a biweekly basis for those customers with every other week collection accounts)
and Recycling service on an every other week basis 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.
II. TERM OF CONTRACT.
The term of this Agreement shall be for a period of five (5) years commencing on
2022. The City and the Contractor may agree to extend the term
of this Agreement .�..
gr beyond the original term using the current terms and conditions or with
modifications to the current terms and conditions for such length of time as mutually
agreed upon in writing.
M. DEFINITIONS.
For purposes of this Agreement, the following terms shall have the following meanings:
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"Additional Collection Service" means all items that are collected in excess of the
maximum volume allowed for a dwelling unit.
"Bulky Items" means large metal household items including refrigerators, stoves,
dishwashers, washers and dryers, water heaters, furnaces, air conditioners, water
softeners, electronic equipment, large furniture, mattresses and other such items which
are too large for one person to pick up. A list of bulky items intended for pick-up service
is provided as Attachment C.
"Cart" means a 90-gallon, 60-gallon or 32-gallon receptacle with wheels supplied by the
Contractor used to contain garbage.
"Collection Service" means the collection and transportation of Garbage, Yard Waste,
and Recyclables.
"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.
"Dwelling Unit" means a separate dwelling place with a kitchen or area for the
preparation of food.
"Education Tag" means an information tag notifying residents about unacceptable
materials set out for collection. The tag will also contain information regarding
preparation requirements. The tag must be left at the residence if any portion of the
recycling set out is not taken.
"Environmental Coordinator" means the City Environmental Coordinator, or such other
City employee designated by the City Administrator or the City Council.
"Facility" means the Elk River Landfill, or any other solid waste disposal facility
approved by the MPCA.
"Garbage" means all discarded and unwanted putrescible and non-putrescible household
and kitchen wastes including, but not limited to, food, food residues, and materials
necessarily used for packaging, storing, preparing, and consuming food; and other
materials as mutually agreed upon between the City and the Contractor. Specifically
excluding Yard Waste, Recyclables, and Hazardous Wastes. Garbage does not include
any Excluded Waste.
"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
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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.
"Non -Targeted Materials" means materials that are not included in the City's recycling
program.
"MPCA" means the Minnesota Pollution Control Agency.
"Recyclables" means reusable or reprocessable materials that are separated from mixed
municipal solid waste for the purpose of reprocessing including, but not limited to
aluminum, cardboard, cartons, glass, paper, plastic, and steel cans. This does not include
material used to create Garbage derived fuel or material that is destroyed by incineration.
Materials may be added to this list by mutual written agreement between the City and
Contractor. Also referred to as "recycling".
"Recycling Container" means a container supplied by the Contractor to the dwelling unit
to place Recyclables in for collection.
"Unacceptable Waste" means waste delivered in quantities to the Facility which, as
determined by the MPCA, 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 waste 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 a dwelling
unit is permitted to dispose of under the contract rate.
"Yard Waste" means garden wastes, leaves, lawn cuttings, weeds, shrubs, tree waste and
prunings.
IV. SCOPE OF CONTRACT.
A. Collection Service.
1. Garbage Collection.
a. All occupants of residential properties consisting of four or less
dwelling units in a single building in the City are required by
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ordinance to keep Garbage in a cart container of 90, 60 or 32
gallons.
b. Cart containers are to be purchased, owned, furnished, and
maintained in good condition by the Contractor. All carts must be
sturdy, wheeled carts, and shall be uniform and consistent in color
and design. The Contractor shall maintain carts as necessary. The
Contractor shall maintain sufficient cart inventory of the proper
size and color to meet supply and demand needs for the entire term
of the Agreement. Actual service needs are to be determined by
volume accumulations as judged by the Environmental
Coordinator, upon review with the Contractor.
C. Garbage collection shall not include Hazardous Waste,
Unacceptable Waste, Yard Waste, or Recyclables.
d. Garbage cart and Recycling 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 in residential
driveways, one foot back from the curb line, and not in the street or
right-of-way. 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 -side service will be provided by the Contractor at the
direction of the Environmental Coordinator based on an approved
application for elderly and disabled customers.
f. Temporary Stop in Service ("snow -bird status) will be provided by
the Contractor based on approval and requirements set by the
Environmental Coordinator. This information will be tracked by
the City and reflected in monthly household billing reports.
g. The Contractor shall not be required to provide Collection Services
or be compensated for those households within the designated
service area that operate as legally permitted home occupations.
h. 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 of the
Environmental Coordinator and at the rate set forth in Attachment
B.
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Garbage more than the designated volume -based per dwelling unit
will be subject to additional Collection Service charges as follows:
1) Contractor shall pick up excess Garbage in bags placed
outside of the resident's container only if the resident calls
Republic and pays at least 2-business days in advance of
their pickup day. Contractor shall charge residents directly
a fee of $3.25 for each such bag picked up. Contractor shall
be responsible for advising City of addresses which
consistently have excess amounts of Garbage and City will
determine whether to increase the container size for that
address.
2) Collection Service for Bulky Items 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 by the
Contractor. These charges will be billed directly from the
Contractor to the resident.
3) Excess Recycling Collection: The Contractor shall collect excess
recycling provided that it is stored in paper bags, or, in the case
of cardboard, it is flattened and bundled neatly with twine, is no
larger than 3 foot by 3 foot bundles and placed adjacent to the
recycling cart.
j. 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 email form.
k. The Contractor shall deliver all Garbage it collects under this
Agreement to the Elk River Landfill (ERL), unless otherwise
directed by the City, Sherburne County or ERL. If a Contractor is
directed by City to a Facility other than the ERL, the Contractor
shall be credited $1.00 per mile by the City for the round-trip
mileage between the ERL and the back-up Facility. For sites other
than ERL, Republic will bill the City of Elk River.
1. Unless otherwise directed by City, Contractor shall, upon delivery
of Garbage to the ERL 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
delivered to the ERL under this Agreement, or any other Facility to
which Garbage collected under this Agreement is delivered.
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M. The Contractor shall not knowingly deliver any Unacceptable
Waste to a Facility, nor shall the Contractor mix any Unacceptable
Waste with Garbage 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.
n. If a Facility has a reasonable basis to believe that Garbage
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 which contains Hazardous
Waste or Unacceptable Waste. City is to make every effort to assist
in cost recovery if the source of the rejected material is identified.
In the event Garbage is rejected by the Facility, and the Contractor
disagrees with a decision by the Facility to reject a load of
Garbage, 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. The
schedule shall be consistent with the schedule of the Garbage
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 shall be
collected from a single container and need not be separated.
Collection must be for all materials designated by the City as
recyclables, including such items as paper, newspaper, magazines,
catalogs, glass containers, aluminum, tin cans, cardboard, and
plastics. The City may designate additional materials as
Recyclables during the term of this Agreement.
d. The Contractor shall not mix other types of Garbage or inorganic
materials with the Recyclables or take any action to make the
Recyclables unacceptable to the operators of the recycling center.
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e. The Contractor shall provide monthly reports to the City of all
recyclables collected. The required information includes the
recycling market information, the receipts, the net weight, and type
of material.
Yard Waste Collection.
a. Voluntary Yard Waste Subscription Service. Contractor shall
provide Customers the option to subscribe to a separate Yard
Waste Collection Service. Contractor will take payment directly
from the residents for the Yard Waste subscription. The Contractor
will provide a list of Yard Waste subscribers, upon request.
b. Yard Waste Cart Requirements. Contractor shall provide a separate
95-gallon Yard Waste cart to Customers who subscribe for this
additional Yard Waste Collection Service. The Yard Waste cart
shall have unique labeling (e.g., "Yard Waste"). The Yard Waste
cart shall be a separate and consistent color.
C. Scheduled Months for Yard Waste Collection Service. Separate
Yard Waste Collection shall be provided from April 15 through
November 15, weather permitting.
d. Charges for Yard Waste Subscription. Charges for Yard Waste
Collection will be as shown on the attached Attachment B.
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
Coordinator of such emergency condition. 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 Coordinator 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 garbage 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
Coordinator at least twenty-one (21) days prior to the proposed
date the requested change is to take effect. A change shall be
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affected only upon authorization from the Environmental
Coordinator 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
Coordinator and at least thirty (30) days prior to the proposed date
the requested change is to take effect. A route change shall be
affected only upon authorization from the Environmental
Coordinator.
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 "Holiday(s)"); provided that, if 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 Monday routes will
be collected on 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 because of said Holidays based
on direction from the City. The City will notify the Contractor one week in
advance of a Holiday notification request.
4. Only such pick-ups shall be made as have been authorized by the City
Environmental Coordinator, and the Contractor shall not be entitled to
payment for any pick-up(s) not authorized by the Environmental
Coordinator.
a. If a dwelling unit has been authorized for Garbage Collection
Service and the Environmental Coordinator 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 Coordinator notifies the Contractor, in
writing or by email, 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.
The City reserves the right to improve or temporarily close any street or
alley which may prevent the Contractor from traveling their accustomed
route or routes for collection. The Environmental Coordinator shall
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contact the Contractor prior to each construction season to notify
Contractor of all planned road construction projects. Contractor will
determine areas of conflict and possible alternate routes or solutions. No
additional compensation will be due for this interference.
6. Title. Title to Garbage and Recyclables shall pass to Contractor when
loaded into Contractor's collection vehicle or otherwise received by
Contractor.
7. Damage to Pavement. Contractor shall not be responsible for any damages
to City's pavement, curbing or other driving surfaces resulting from
Contractor's providing services, except to the extent caused by
Contractor's negligence.
C. Performance of Collection.
Equipment.
a. The Contractor shall make all collections of Garbage and
Recyclables in vehicles with closed tops so constructed that their
contents will not leak, spill, or scatter there from. Should any
Garbage or Recyclables 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 and Recyclables.
b. All vehicles shall be painted and marked uniformly and shall have
the hauler's name prominently displayed 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
maintained to meet these standards. Equipment is subject to
periodic inspection by the City.
d. Each collection vehicle shall have a flashing light warning system,
fire extinguisher, and proper back-up alarms as approved by the
Environmental Coordinator.
2. Personnel Requirements.
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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 with
reasonable care to avoid damage, replace the containers in an
upright position behind 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 always be courteous to the public.
3. Supervision and Customer Service.
a. Designated Contact Person. The Contractor shall provide a
designated contact person for purposes of daily communications
and reports. The designated contact person, or his/her designated
alternate, shall be available via phone and email during customer
service hours and whenever trucks are providing service within the
City. Contractor shall provide the name, phone number, and email
address for its designated contact person, and shall advise the City
immediately in writing of the same information. The designated
contact person shall have sufficient authority to resolve issues
when notified by City staff of the existence of such issues.
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 Coordinator. The Environmental Coordinator shall
have access to Contractor's Elk River records and equipment
during business hours with reasonable notice to Contractor.
4. Complaints and Missed Collections.
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 telephone number of such office and any
changes shall be given to the Environmental Coordinator via email.
b. The Contractor shall have a duty to pick up missed collections in
which a container was properly set out before 6:00 a.m. on the day
of collection. The Contractor shall not have a duty to pick up
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improperly set out carts or carts set out after 6:00 a.m. GPS or
Photographic documentation must demonstrate the reason the
container was not serviced. The Contractor agrees to pick up all
missed collections on the same day the Contractor receives notice
of a missed collection, provided notice is received by the
Contractor before 11:00 a.m. on a business day. With respect to all
notices of a missed Collection received after 11:00 a.m. on a
business day, the Contractor agrees to pick up that missed
collection before 6:00 p.m. on the following business day. The
penalty for missed collections not picked up by 6 p.m. the next
business day is:
1) Two hundred and fifty hundred dollars ($250) per
individual occurrence.
2) Five hundred dollars ($500) per missed pick up of an entire
block. A missed block is defined as a block where residents
from at least three households within two intersections of
that block or cul-de-sac report a missed collection.
3) Two thousand dollars ($2,000) per incident of failure to
complete collection on the scheduled collection day when
the City did not, or does not retroactively, approve
extension of collection hours; and three thousand dollars
($3,000) per occurrence of failure to complete a majority
(50% or more) of collections within the collection district
on the scheduled collection day when the City did not, or
does not retroactively, approve extension of collection
hours.
C. The Contractor shall not have a duty to pick up improperly set out
carts or carts set out after 6:00 a.m. GPS documentation shall be
provided to the City upon request. If the resident would like a
pickup before their next scheduled service day, they will be
charged $25 directly by the Contractor for a "Go -Back" fee.
1) Exceptions. If City staff is notified of a delay prior to 4
p.m. on the scheduled collection day, the Contractor shall
be deemed not liable for liquidated damages when the
Contractor's inability to perform recycling collection
service is the result of conditions beyond its control such as
acts of God or severe weather, civil disorder, significant
road construction, pandemic, epidemic, changes in statues,
regulations and ordinances, and other acts beyond the
control of the Contractor. When the City and the Contractor
have mutually agreed that the Contractor may safely return
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to the City, the Contractor shall have five (5) days
(excluding Saturdays, Sundays, and Holidays) to provide
such service. In the event of a continuing failure beyond
said period, the Contractor shall not be entitled to payment
for any dwelling unit not serviced. If the City has approved
a delay beyond the five (5) days, the Contractor will not be
assessed.penalties as specified above.
2) A record of all complaints and confirmation of resolution
thereon shall be kept by the Contractor and reported
monthly to the City. All complaints shall be answered by
the Contractor courteously and promptly.
D. Publicity, Promotion, and Education.
1. The Contractor shall provide the following promotion and education
services without additional compensation:
• Printing or embossing of recycling content and preparation instructions
on each cart.
• Provision of 1,000 new recycling cart stickers annually to be made
available to the City for residents.
• Provide printing and mailing of an informational postcard or brochure
at least once per year, including recycling instructions and collection
calendar, to all dwelling units with the City providing the mailing list.
• Provision up to 500 copies of extra informational postcards or
brochures for distribution by the City.
2. The Contractor shall provide call -all notices to all residents via automated
voice calls as necessary and as mutually agreed upon between the Hauler
and the Environmental Coordinator for scenarios such as Holiday
schedules, severe weather, etc.
Education tags shall be left by Contractor's collection crews at the time
any material is left behind without being collected to instruct residents
why the material was not collected (e.g., non -targeted material is rejected
and left at the curb) and a phone number to call for more information and
questions.
The driver shall record the address and take photographic documentation
of the non -targeted materials; the Contractor shall report the address and
provide the photographic documentation to the City.
E. Legal Compliance.
l . The Contractor shall comply with ordinances of the City and the laws and
regulations of Sherburne County and the State of Minnesota and their
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agencies relating to sanitation and collection of Garbage and Recyclables
in effect during the term of this Agreement.
2. The Contractor shall report all violations of ordinances pertaining to
Garbage and Recyclables collection and disposal for enforcement
purposes, including all unsanitary and filthy conditions, to the
Environmental Coordinator.
F. Safety. 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).
G. 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. Monthly
reports will be provided to the Contractor to be used to generate invoices
to the city.
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.
3. The City will supply a record of accounts and adjustments to the
Contractor on a monthly basis.
4. The City will notify the Contractor of the dwelling units that make
changes in their billing rate.
5. During the period of this Agreement, the City will pay to the Contractor
the compensation provided for in this Agreement on or before the
statement due date each month for Collection Service performed by the
Contractor during the preceding calendar month.
6. Tipping fees charged by ERL for Garbage delivered to and accepted by
ERL pursuant to this Agreement shall be paid directly to ERL by the City
until such time as City shall notify Contractor of an alternate arrangement.
Except as set forth in Section IV(A)(1)(k) of this Agreement, Tipping fees
paid to any Facility, other than ERL, shall be paid by the Contractor,
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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 ERL. City shall have the right, upon 15 days
written notice, to have Contractor pay Tipping fees to ERL. All tipping
fees paid to ERL will be reimbursed by City unless City has directed that
Garbage be delivered to a different Facility.
H. Price. The base dwelling unit price paid by the City to the Contractor shall be as
established in Attachment A 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 A, 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.
I. 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.
J. Monthly and Annual Reports.
a. The Contractor will provide the City monthly reports which include total
weight of recyclables collected for all customers, total number of potential
stops and participation rate, estimated weight breakdown per recycling
commodity, log of all complaints, missed pick-ups and other issues and
any other pertinent information.
b. The Contractor will provide the City annual reports which includes,
summary of market trends, recommendations for improved service and
any other pertinent information.
K. 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
L. Performance of Agreement.
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.
b. The Contractor shall be responsible for the billing of Additional
Collection Service to the dwelling unit.
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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, a certificate of
insurance evidencing Workers' Compensation and Liability Insurance.
Minimum insurance policy coverage requirements are:
$2,000,000 bodily injury per person.
$2,000,000 aggregate per occurrence; and
$2,000,000 property damage.
The Contractor shall maintain Business Automobile Liability insurance,
including owned, hired, and non -owned automobiles, with a minimum
combined single liability limit of $2,000,000.
The Contractor shall maintain Pollution Liability insurance in a minimum
amount of $2,000,000 single combined limit.
Workers' Compensation insurance shall be maintained in accordance with
Minnesota statutory requirements and with minimum coverage limits for
all required coverages of $1,000,000. All policies evidencing insurance
required by this paragraph, except Worker's Compensation, shall name the
City as an additional insured via blanket form endorsement, 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. A certificate showing that the Contractor has in effect the
aforesaid insurance and supplemented with the blanket form additional
insured endorsements shall be filed with the City Clerk within ten (10)
days from the execution of the Agreement, and yearly thereafter, within
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 approved to do
business in the State of Minnesota and authorized to assume the risks
covered thereby.
Indemnification. The Contractor agrees to indemnify and hold harmless
the City, its agents, officers, and 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 negligent act or omission 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
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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. Notwithstanding the foregoing,
Contractor shall not be liable for any loss or damages due to Unacceptable
Wase being included in the waste stream or to the extent such loss or
damages are caused by the City or a third party.
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. 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 garbage hauling industry that is contrary to the public
interest of the residents of Elk River; and
3) Any proposed transferee, by 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
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221122v2
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
4) 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 certificates, 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,
materials, insurance premiums, equipment or supplies and all just claims
for such work, material, equipment, insurance, and supplies in and above
the performance of this Agreement.
9. Termination. This Agreement may be terminated only by one of the
following:
a. By written agreement by the parties.
b. By either party if the other party is in violation of the terms of this
Agreement. In this instance, a written notice will be sent to the
non -breaching party allowing ten (10) days to comply. Failure to
comply with this Agreement will result in cause for the non -
breaching party to terminate this Agreement by written notice to
the other party.
C. By the City, if more than five (5) complaints regarding
Contractor's 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 additional complaints are received during
the six-month probation period, this Agreement may be terminated
by the City upon written notice to the Contractor.
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10. Upon termination of this Agreement, 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
Contractor shall transfer all records to the City and pick up their
containers.
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
Contractor's 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.
11. 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.
Remainder ofpage intentionally left blank.
Signature pages follow,
18
zzi izzvz
IN WITNESS WHEREOF, the City of Elk River and Allied Waste Services of North
America, LLC have executed this Agreement the day and year written below.
CITY OF ELK RIVER
Dated: 32022. By
John J. Dietz, Mayor
Dated: 52022. By
Tina Allard, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this _ day of
2022, by John J. Dietz and by Tina Allard, respectively the Mayor and
City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary Public
19
221122v2
ALLIED WASTE SERVICES OF NORTH
AMERICA, LLC
Dated: 2022. By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
[print name]
[title]
On this day of 2022, before me personally appeared
who, being first duly sworn, did say he/she is the
of Allied Waste Services of North America, LLC, a
Delaware limited liability company, and acknowledged that he/she executed the same as his/her
free act and deed, on behalf of the entity.
Notary Public
This Instrument was Drafted by:
20
221122v2
Attachment A
Monthly Rate for Trash and Recycling Services
Year 1......n,_..
-
....._..— ���
Year 2
_ .....
Year 3
� � ,_ .�.�
Year 4 _.._
,..
Year 5
Service
... �....... ...
4.12022
2 ..,_ .....
412023
2024
4 1 �. _
_...
4120 25 ...,.,_...�
,
4 12026
�.�......
Trash 32 Gallon
�
Biweekly
$7 3m1..........._
$7.60.e.. —..._.
$7.90
$8.22
..��.
$8.55
�............ _
Trash 32 Gallon
$7.45
$7.75
$8.06 ",.���m,__.........�
$8 38 mm
..
$8.72
Ta4Gallon
rash 64�.�
$7 59
$7.89 �., .........
$8.21
�
.$8 54.,.
�. �.��..
$8.88
.. ........
Trash 96 Gallon
....
-. �...
I $8.00
$8.32
$8.65
$9.00 �w...
�.
Rec�clm�,
�.....�._
�..
....
$3 49 ...,...w�
_ $3 63 ..,..... �
$3.78
..... m��
,
��
$3 93......�.
$4 09
21
221122v2
Attachment B
Seasonal Subscription Yard Waste Rates
• Annual Rate optional yard waste collection services as follows, with rate adjustments
subsequent years are to be as detailed below,.
Year 2022:
$144.00
Year 2023 :
$149.76
Year 2024:
$155.75
Year 2025:
$161.98
Year 2026:
$168.46
Partial, first season August 1 to November 15 weather permitting.
Year 2022:
$110.77
Year 2023:
$115.20
Year 2024:
$119.81
Year 2025:
$124.60
Year 2026:
$129.59
22
22ii22V2
Attachment C
Attachment C: Bulky Item Pick -Up List
** Other items and charges for pickups from other than curbside will be negotiated between
Contractor and Customer.
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221122v2