5.10 SR 01-03-2023�,
Elk s �-
River
Request for Action
To Item Number
Ma ror and Cinr Council 5.10
Agenda Section Meeting Date Prepared by
Consent anuar�r 3, 2023 Suzanne Fischer, Environmental�S ecial PYo�ects DirectoY
Item Description Reviewed by
Amend Hauler Contract #2022-24 to Align Cal Portner, Citv Administrator
with Rate Schedule Reviewed by
Action Requested
Amend, by motion, Contract #2022-24, the Republic Residential Hauler Service contract, to align with the rate
schedule.
Background/Discussion
When the Republic contract was originally negotiated, the environmental coordinator chose to start the new
contract early (4.1.2022), instead of 1.1.2023. This was done to accommodate a Randy's Sanitation caYt exchange
�vith the Republic carts during the summer months. Republic was not able to obtain the capital to fund the project
�vithout a signed contract.
The re-route and data migration that occurred in April �vas challenging and at that time, the cityT chose not to start
the new contract until service issues and routing syTstem errors diminished. The rate section in Appendix A has the
correct contract terms, however; the dates on the first page of the contract were not updated to align with the rate
section. This ��as an oversight by all parties involved.
Staff is Yequesting the contract be amended to accurately Yeflect the contract terms.
Financial Impact
N/A
Mission/Policy/Goal
Responsible for everyT dollar.
Attachments
■ Amended Contract
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
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Up�iited.• August 2020
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CITY OF ELK RIVER
AGREEMENT FOR GARBAGE, YARD WASTE, AND RECYCLING COLLECTION
����, January 1, 2023, through �13
December 31, 2027
This AGREBMENT (Agreement) is made as of1022, between the CITY OF ELK RNER,
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:
l. PURPOSE OF CONTRACT.
The Contractor shall collect a11 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.
11. TERM OF CONTRACT.
The term of this Agreement shall be for a period of five (5) years commencing on �
�� J u 1 P 2023. The City and the Contractor may agree to extend the term of
this Agreement 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.
111. 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 a11 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
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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.
"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 darnage 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 m�imum 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 axe required by ordinance to keep Garbage in a cart
container of 90, 60 or 32 gallons.
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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 sha11 be
uniform and consistent in color and design. The Contractor shall maintain carts as
necessary. The Contractor sha11 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 voluxne 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 sha11 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 Environxnental 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.
Garbage more than the designated voluxne-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.
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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 sha11 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.
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 tlie load as may
be required by the County. T'he 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.
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
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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 sha11 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.
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 Services. 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.
C�
B. Service Schedule.
1 All Collection Service sha11 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 pickups to be
established by the Contractor and submitted in writing to the City Environmental Coordinator for
prior approval. T'he 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
into 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 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.
The Contractor shall not be required to provide Collection Service on New Yeax'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.
C. Only such pick-ups shall be made as have been authorized by the City Environmental
Coordinator, and the Contractor shall not be entitled to payrnent for any pick-up(s) not
authorized by the Environxnental 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.
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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.
5. 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 contact the Contractor prior to each
construction seasori 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 Contactor'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 unmediately cleaned up. A broom and shovel in good useable
eondition 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.
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.
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b. The Contractor's employees sha11 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
perfortnance 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 Hucks 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 sha11 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 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 a11
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 fifly 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
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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) Excep7tions. 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 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 a11 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.
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3. 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 provicle the photographic documentation to the City.
E. Legal Compliance.
1. 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 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 sha11 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.
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.
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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
notice 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, 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, suininary 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.
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 sha11 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.
3. The Contractor sha11 supply all labor, material, and equipment necessary for the
carrying out of the Agreement.
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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 injuxy per person.
$2,000,OOO�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.
5. 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 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, Contactor 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 pariy.
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,
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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 sa1e, 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
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.
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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 pariy 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 nonbreaching 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 ternunated by the City upon written notice to the
Contractor.
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 Contactor 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 of page intentionally left blank.
Signature pages follow.
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IN WITNESS WHEREOF, the City of Elk River and Allied Waste Services of North
America, LLC have executed this amended Agreement the day and year written below.
Dated: , 2023. By
Dated: , 2023. By
STATE OF MINNESOTA
COUNTY OF SHERBURNE )
CITY OF ELK RIVER
John J. Dietz, Mayor
Tina Allard, City Clerk
The foregoing instrument was acknowledged before me this 3rd day of Januar�� 2023 �-TM; `' j{ . 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
Dated: , 2023. STATE OF MINNESOTA
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ALLIED WASTE SERVICES OF NORTH
AMERICA, LLC
��
Dated: , 2023.
[pr;nt name]
Its
[title]
COUNTY OF SHERBURNE )
On this day of 2023, 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
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Appendix A
Monthly Rate for Trash and Recycling Services
Year 1
Service 1.1.2023
Trash 32 Gallon Biweekly _$7.31
Trash 32 Gallon $7.45
Trash 64 Gallon $7.59
Trash 96 Gallon $7.69
Recycling $3.49
Year 2
1.1.2024
$7.60
$7.75
$7.89
$8.00
$3.63
Year 3
1.1.2025
_ _ $7.90
$8.06
$8.21
$8.32
$3.78 --
Year 4
1.1.2026
$8.22
$8.38
$8.54
$8.65
$3.93
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Year 5
1.1.2027
$8.55
$ 8.72
$8.88
$9.00
$4.09
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