4.4. SR 10-28-1996City of
iver
ITEM 4.~. (a.,b.,c.)
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Kendra Lindahl, Zoning Assistant ~~
October 28, 1996
SUBJECT: Elk River Residential Garbage Program
BACKGROUND
The City of Elk River currently contracts with Corrow Sanitation, East
Tonka Sanitation, and Peterson Brothers Sanitation/BFI to provide garbage
and recycling services to our residents. Those contracts expire on Thursday,
October 31, 1996. Staff has renegotiated new contracts with these haulers.
a) WASTE DELIVERY CONTRACT BETWEEN SHERBURNE COUNTY
AND THE CITY OF ELK RIVER
Staff and the city attorney recommend that the city enter into a Waste
Delivery Contract with Sherburne County. This contract simply states that
all of Elk River's residential garbage will continue to go to the RDF plant.
This is nothing new--our residential haulers have always delivered our
garbage to the RDF plant.
The only change is that the city, not the haulers, will pay for disposal. This
allows the city to respond more quickly to changes in the tip fee and pass
those changes on to our residents. It also simplifies contract transfers,
because new haulers will not necessarily have to get a county contract
themselves.
If the city signs the Waste Delivery Contract with the county, our rate would
be the same as all other contracted haulers. The current tip fee (i.e., disposal
cost) at the RDF plant is $69.11/ton for non-contracted hauler and $41.00/ton
for contracted haulers. The city would pay $41.00/ton for disposal, and any
decreases in the tip fee would automatically be passed on to the city.
I have attached a copy of the Waste Delivery Contract for your review
(attachment A).
S:\PL~NNING\KENDRA\CC 10-28.DOC
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Recommendation
Staff recommends approval of the Waste Delivery Contract between the City
of Elk River and Sherburne County.
b) HAULER CONTRACTS
Staff has worked with Corrow Sanitation, East Tonka Sanitation, and
Peterson Brothers Sanitation to negotiate new hauler contracts. The main
change in the new contracts is that the city will pay the disposal costs, and
simply pay the haulers to pick-up the garbage and take care of the recycling.
There will be no change in the quality of service provided by our haulers.
Staff was able reduce the residential garbage rates while simultaneously
adding magazine and catalog recycling to our residential program.
The city will pay the haulers $9.40/mo. per household. Our new contracts
state that after one year, the city and the haulers will sit down to discuss any
rate changes or other program changes.
After factoring in tax, administration fees, and disposal costs, we were able to
reduce the rates to our residents by a minimum of $1.70 per month. A $1.67
reduction would off-set the $20.00 annual solid waste assessment imposed by
Sherburne County.
Container Size
90 gallon
32 gallon
32 gallon bi-weekly
Current New monthly Savings to
monthly resident Residents
resident charge charge
$18.44 $16.50 $1.94
$14.52 $12.75 $1.77
$11.30 $9.60 $1.70
The new contract becomes effective on November 1, 1996, but the new rates
and the new program will not begin until December 1, 1996. A draft of the
new contract is attached for your review (attachment B).
Recommendation
Staff recommends approval of the Agreements for Garbage, Refuse and
Recycling Collection from November 1, 1996, through October 31, 1999. The
contracts would then be renewable for an additional two years if desired.
S:\PLANNING\KENDRA\CC 10-28.DOC
C) TRANSFER OF GARBAGE COLLECTION CONTRACT FROM EAST
TONKA SANITATION TO RAND Y'S SANITATION
In mid-July 1996, staff was contacted by East Tonka Sanitation requesting
transfer of their city contract to Randy's Sanitation. The city must provide
written approval of the transfer prior to any contract transfer taking place.
Staff worked with East Tonka Sanitation and Randy's Sanitation to prepare
the necessary documents. However, at the August 19, 1996, Council meeting,
Randy's Sanitation withdrew their transfer request.
Now that new contracts have been signed, East Tonka Sanitation has
indicated that Randy's Sanitation will be requesting transfer of the city
contract from East Tonka Sanitation to Randy's Sanitation.
I have included background information on Randy's Sanitation for your
review (attachment C).
Recommendation
Staff recommends approval of the transfer of the Garbage, Refuse and
Recycling Collection Contract from East Tonka Sanitation to Randy's
Sanitation.
S:\PLANNING\KENDRA\CC 10-28.DOC
ATTACHMENT A
WASTE DELIVERY CONTRACT
BETWEEN SHERBURNE COUNTY
AND
CITY OF ELK RIVER
This Waste Delivery Contract (the Contract) is made this day of
, 1996, by and between the COUNTY OF SHERBURNE ("the
County"), 13880 Highway 10, 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, 13065 Orono Parkway, Minnesota 55330.
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. §
115A.80 et seq. to negotiate waste delivery contracts; and
WHEREAS, the County has the authority, pursuant to Minn. Stat. §§ 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 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
December 31, 1998, 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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"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.
"Authorized Representative" is defined as the person chosen by each party
to coordinate activities and to receive notices under this Contract.
"Back-up Facility" is defined as a waste facility to which the County has
directed the City and its contracted haulers 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.
"Eastern Sherburne County" is defined as the area including the Cities of Elk
River, Big Lake, and Zimmerman and the Townships of Livonia, Orrock,
Baldwin, Big Lake and Blue Hill as well as that portion of the City of
Princeton that lies within the County of Sherburne.
"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.
"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. § 6903(5), and regulations interpreting such act, or in Minnesota
Statutes § 116.06, subd. 13, and regulations interpreting such statute, but
not including waste excluded from regulation by Minnesota Rules
7045.0120A, as any of the foregoing may be amended from time to time.
"Holidays" are defined as New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
"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.
"Tipping Fees" are defined as the fees charged to the City pursuant to this
Contract to deliver waste to the Facility or a Back-up Facility.
"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
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ARTICLE III.
A.
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 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.
REPRESENTATIONS
City of Elk River Representations
The City of Elk River is a municipal corporation in the State of
Minnesota.
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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.
The execution of the Contract does not conflict with any other
agreement, indenture or any other instrument to which the City is a
party.
County_ Representations
1. The County is a political subdivision of the State of Minnesota.
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 residential waste management method.
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ARTICLE V. OPERATIONS
A. Delivery_ of Acceptable Waste
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.
The City agrees that it will not to deliver any Unacceptable Waste to
the Facility.
The City agrees that it will not mix any Ur;acceptable Waste with
Acceptable Waste collected in the County.
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.
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.
If the City separates recyclable materials from Acceptable Waste, it
shall ensure that residual materials left after such separation shall be
delivered to the Facility, unless they constitute Unacceptable Waste.
If the City's contracted haulers are uncertain whether certain waste is
Acceptable Waste, a Hauler may request a determination by
submitting an "NSP Pre-Delivery Waste Evaluation" request in
accordance with the procedures established by the County.
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Re!ection 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.
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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 therefor. All costs of removal and disposal of
Hazardous Waste or other 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.
Additional Delivery_ Requirements
The City's contracted haulers shall comply with such reasonable rules
and regulations regarding the use of the Facility as the Facility
operator may periodically adopt.
Subject to applicable County and municipal ordinances or other notice
from the County, the contracted haulers may normally deliver waste
to the Facility from 6:00 a.m. to 6:00 p.m. Monday through Saturday,
excluding Holidays.
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.
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The County or the Facility operator shall provide written or verbal
notice to the contracted haulers and the City in the event the Facility
is not accepting waste. The contracted haulers 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.
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 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.
All contracted haulers' 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.
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The City shall pay to the Facility operator a Tipping Fee, guaranteed for the
term of this Contract, of $41.00 per ton of Acceptable Waste delivered to the
Facility. The County agrees that any reduction in the tip fee shall be
automatically passed onto the City.
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.
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The City agrees to comply with such reasonable billing and payment
procedures as the Facility operator or the County may periodically adopt.
For purposes of determining the amounts due, the number of tons of waste
delivered pursuant to this Contract dunng 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 co;.,verted 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
The County shall notify the City and the contracted haulers in writing if any
additional chemical or other substance shall be considered Unacceptable
Waste.
The County or the Facility operator shall provide written or verbal notice to
the contracted Haulers and the City in the unlikely event the Facility is not
accepting waste.
ARTICLE VIII. DEFAULT
A. City Default. The following shall constitute default by the City:
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;
2. Failure to make timely payment of Tipping Fees charged; or,
Persistent and repeated failure to fulfill any of its material obligations
under this Contract.
County. Default. The following shall constitute a default by the County: The
persistent and repeated failure to fulfill any of its material obligations under
this Contract.
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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.
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
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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 City of any immunities or
statutory limitations on liability.
ARTICLE X.
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MISCELLANEOUS
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
Relationship of the Partie~. For the purposes of this Contract, the City and
the County are not joint venturers and shall be deemed to be independent
contractors and not employees or agents of the other.
Assignment. The City shall not assign any interest in the Contract nor
transfer any interest in the same, whether by subcontract, assignment or
novation without prior consent of the County.
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.
Waiver. The waiver of any of the rights and/or remedies arising under the
terms of the Contract on any one 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.
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Eaual Employment OpDortunity. The Parties agree 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.
Entire Agreement. The Contract shall constitute the entire agreement
between the parties and shall supersede all prior oral and written
negotiations.
G~verning 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.
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.
Termination.
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.
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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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.
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.
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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.
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The parties agree that the City may terminate this contract for any or
no reason after a thirty day notice of the same.
Severability. The provisions of this Contract shall be deemed sew~rable. 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.
of
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as
day of ,1996.
COUNTY OF SHERBURNE
CITY OF ELK RIVER
Chair; Sherb~"~ne Cou,,o/~ Board
of Commissioners
Mayor of the City of Elk River
Dated:
ATTES/~~ ~
C o~ n'--~Ad~ in i~rat'o r
Dated:
ATTESTED TO:
City Administrator
Dated:
APPROVED AS TO FORM AND EXECUTION:
For tl~e Co~l~/of Sherbu
Walter Kaminsky, Coun!
For the City of Elk River
Kevin Johnson, City Attorney
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Sen1: by: ORB .,612 29' 9333; ATTACHMENT B
CITY OF ELK RI'VER ~)~)~'~'
AGREEMENT FOR GARBA(i,E, iRI~,F'USE AND .RECYCLING" .... '" .... "'
. COl.,LEG I ION.
November 1, :!996 through October 31, 1999
AGRE:EMENT .mudc as of . ...... '1996, between the C. ITY OF ELK..
iRI'VER, M:!!NNESOT,A, a Minnes(~ta municipal corporation (City) and
Minnesota .............................................. (Co.ntractor). _ ............... ~_.....
RECITALS
WHEREAS, thc City requires the collection and disposal of garbage and ruh'bish~ and
.recyclables from residences in. the City of Elk River; and
WHE.REAS, it is the intent of the City to establish a volume-based collection.SyStem
of garbage, rubbish, trod .recyclables that encourages recycling and discourages dis~)sal; and
WHEREAS, thc Contractor is a licensed .hauler in the City of .Elk River engaged:..'in.the.
business o:f collection and disposing of garbage ami rubbish', and ,reey¢lables; and '
WHEiREAS, the City desires to hire the services o.f the Coat, ac'tot and the. contrat:tor
d~si.res 'to.provide the se:rvice~ to fl.~ City; and '
WHEREAS, the City has entered into a contract with Sherburne County ,in whichl the
City ag.reed to deliver al.l residential 'wast:¢ collect°d in the City to the Elk River
Recovery Facility owned and ol~rated by 'NRG Energy, Inc,; and
WHEREAS, under the S.hcrbume Cotmty contract 'the City will pay NRG Energy; linc.
directly ~br all .waste managed at: the/hcility. ' '
NOW, THEREFOiRE, .it is agreed by and between the parties:
Pi., RPOSE O:F" .......... ' ....
CON .1 RA(, I
The Contractor shall collect all garbage and. refuse lbr collection within 'the.
"Designated Area" identified on Attachment A, all within tho corporate boundaries of
the City of Elk River on a w~kly basis and recyclab!es at least biweekly during the
tern~ of t:he Ag~'eemenc Such ¢ol. lections shall include all residential properties..having
four or less dwelling units in a single building 'bY use of individual containers.'
TERM O.F CONTRACT
'!'!~ term of this Agreement shall, be a period of three yesxs commencing Novmhgr 1,
1996. . ' · .
"l'.'he City m'~d the Con.'tragtor may agree to extend the term of th'lc Agreement ,for two..
years beyond 'the o.rigin~l term, upon such terms nnd conditions as the part.ien shall
muttmlly agree. ' .
Sent by: DRB 612 291 9333; 10/24/96 l:08PU;Jet~tx #154;Page 3/22
.Ill'. DEHNITIONS
For purposes of this Agreexnent, the following terms shall have the following.:.
meanings:
"Additional collection service" shall include all items that ar~ collected in. exCess, of
maximum volume al'lowed lbr a dwelling unit.
"Cart" means a 90-cation or 32-gallon receptacle with w.hee!s supplied by' the/
Contractor used.to contain garbage or refuse.
"Collection service" collection service is a private operation engaged in eol. lection
'transportstion of gl'use, yard waste and recyclables,r
"County" .means Sherburne County.
and
"Day-Cenainco!lection" day-certain collection is a City-approved plan for.Weekly,
collectionr services by an established day-certain schedule. 'Phis schedule requires.
refuse, and recyc.lable collection on thc same day et' each week and is based oR al five
(51) day, Monday through. Friday, working 'week. The only exceptions 'to the '!day.
certain" plan shall be during those weeks in which legal holidays oocur.
the'.
Designated Area" is that area within the City of Elk River identified on Aaach.ment .A
as:" ......... ," tbr which the Contractor is responsible fbr collections.
within the scope, of this Agreement. In consideration of the exclusive collection rights
for the area. set forth in Attachment A, subject to the terms of'this Agreement; :'i
Contractor acknowledges .it is prohibited I¥om 'the. collection of garbage~ :refuse:and
.recyclables from .residential properties having four or less dwelling units, in a Single
building outside the "Designated Area" within the corporate limits of the City..
"Dw~:lling Unit" means a separate dwelling place with a kitchen or area for the'
prc.piu'ation of food,
"Facility" means the Elk .River Resource Recovery Facility.
"Garbage" means animal anti vegetable waste resulting from 'thc. handling, preparation;
cooking, service, and consumption of' fi~od. ' ..... "'
"Hazardous Waste" .m~ans waste defined as hazardous by State or Federal law, rules
and' regulations, includ:ing but not limited to 42 U.S.C. § 6903(5), and regulations.
interpreting such ac.t, or in Minnesota Statutes § 116.06, suM; 13, and regUlatiOns.
interpreting such statute, 'but not including 'waste excluded from rcgulation blt '
Minnesota. Rules '7045.01.20A, aa any o'f' the tbrcgoing may be amended .frOm: time.: to
Sent by: 612 291 9333; 10/24/96 l:09PM;Jet~ #154;Page 4/22
"Recy~:.iables" ate reusabl~ or r~.pro~;~ssabh: materials ap.proved and agreed'.'m. ::by !the
parties ~hereto. Recyclables include such items as newsprint, corrugated., and ledger
paper, glass, plastics, tin cans, aluminum, used motor oil, bmteries, tires, and other
metal goods~ Recyclahles specifically exclude ret'use and. cort~'posL
"Recycling container" means a container supplied by the City to the dwelli~ng .:unit to
place recy¢lable.material in :tbr collection. '
"iRcfuSe" refuse is putrescible and .nonputrcscibte solid waste kom residences including
.garbage .and. rubbish, an.d specifically excluding yard waste, recyclables, and tO~iC and
.hazardous wastes. Refust~: 'l'unher excludes industrial, commercial, agriculturati', and
construction garbage or rubbish and wastes.
"Rubbish" is inorganic solid waste, including ashes, consisting of both combuStibi¢ and
noncombustible .wastes, such as wood, bedding, crockery, ~nd othor nonr~u~h!e
Rubbish ai~ incl~es no~cyclabl~ types of glass, Pa~.r, g~dbo~di ~d meta!
"Unaecg:pmble w~te" me~s waste delivered in quantities to the F~ility whichi
determined b~ ~e Co~ty, City or the Facility, may po~ a thmat to"he~ ar:~:~fety,
or to the eav~ro:nmgnt, or may cause damage to, or materially Mvgrsely affectS..
operation of tho F~ility, including but not limited to: inginarator ash; ib'uadr~'.'a~d;
· xpl~sives; hospital, pa~ological and biotogioal w~m; h~doua w~t.e, ~hemi:eais ~d
.radioautive materials; oil sludges; asbestos in id~mi:liabl~ qualities; c~ss~l ~ other'"
hum~ w~tg.otber th~ ~at ~onminod in dis~sable'diapors;, sowage. ~d
dilumd, water-~ied matorials or subst~ces ~d thOg in g~ous fo~S; h~ :'Or
~im~ remains; street sweepings; ~.h; mining waste; sludges; demolition debriS; :..:
h~Mous reihsg of ~y kind, such ~ clewing fluids, cr~k ca~ oils', cutting..Oils';..
paints, acids, caustics, polaris, drugs and such othgr.ma~rials as may ~ s~cified.'in
~ifin8 from time m tim~ by the City, County or F~ility. :
"Volme-~d" .r~fuse ~d garbage collection m~ans ~h~ maximum limit
~d re.lug, a dwelling unit is permitted to dis.~se ~r ~ ba~ r~thse rat~...
"~ite goods" ~ l~g.o hougho.ld i~ms including ret?.igeramra, stoves, dishw~h~rs,.
was~rs ~d ~ers, water heaters, c~ting and pMding, m.attres~s, chairs,:~°uchgs,
tablos, ~d such other imms of furniture which are t~ large for one per~n, m ~pi~k up.
SCOPE OF CONTRACT
Collection Service
1. Garbage and Refuse Collection
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(a)
(b)
(C)
(id:)
(e)
(g)
(h)
(i)
All o~¢upimt~ of r~:sidc.ntial properties .consisting o:f.'foUri°.r:less
dw~!!i:ng units in a single building in the CitY'.shall 'b~ r~q:uired
by ordinance to keep gsrbag.e or refuse in: ..
l) A cart container of 90 gallons..
2) A can container oil' 32 gallons.
Cart containers are to be :furnished and. maimained in :gOOd
condition by the Contractor. Actual ~rviee needs ~[re 'to:
determined by volume accumulations as judged by the ', try'Code
Enforc~m~.nt Officer, upon re'view with the Contractor..
Garbage and refuse collection shall not include ./~zardo:Us waste.
Garbage and rei'u~ c~ containers shall ~ placed, at:~e.'C~b on
collection day, in a location c~ily accessible to motor 'vehiCl:e,
pick,up. Containers must ~ p.l~~ pm~r'ly for pick-uP:Prior to
6:00 a.m. ~ c~not continue prat 7:00P.m. on thc
collection to insure ~rvicc.
~or step mrvice will bc provided by the Con~tor.at
direction of the City fi~r elderly md disabled custo.mers.'
Thc Comr~tor shall not ~ r~qui~ to. pick up rc:th~ of
com~n~t~ fOr those .ho'umholds within thc designated ~rvice.
~ea that o~.retc as legal., peri'ned home occupationS..
Thc Cont~tor will provide biweekly low volume collection
services fi~r 32 gallon container users at. thc direction. :Of
R~ycling Coordinator at ~e rate set tbnh in At~hmem.B,.:
Gmbage ~d r~fusc in excess of thc des.igne[ed
dwelling ~it will ~ subject to ~ditio~l. collcction'mrvice:.
c.harges md will be bi. lied sep~ately by thc C~ ntractar.
Collection service Iht white goods ~d l~ge items must have
prior a~mgemen~ wi~ thc Contractor for' collection," ?Thc Prices
mbc ch~gcd m residents :Iht ~ditional. coll.ccdon sc~ices
identified in Att~hmcnt L'. '
Garbage containers and recycling bins will be dropl~d ;off at new
ac¢ormts by the Contractor within throe (3) business days..of..
notification by ibc City Utilities Department, Suc:h notification'.
must be in writing o.r by facs~mi.i!e. ·
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The Contractor sh~ll d~liver all garbage m~d refuse it 'c°[lects
under this Agreement to the Elk River. Re~urce Recovery ~.
F~i.lity, unless otherwise di~ted by the City, Sher~ne County
or the Facility. In the event '~at Ctmtractor is:. directS. ~0
~oth~r f~ili'ty, the Con~ractor Shall be c.redi'~d $1.00 ~r mile
'by 'th~ City for the round tr:ip miloage ~twee~ the Facii~Y'and
the b~k-up facility.
(k)
The Contractor shall, ulxm delivery of' garbage and refuse to the
Elk Rivet Resource Recovery Facility,. give the facility 9perator
a load relx~rt on a form acceptable t° Sherbur.ne Cou:nty:.:th~t,
provides intbrma:tion concerning the load tls may be:reqUired 'by
the County. The Contract Shall also provide the City,. on..
monthly basis, wit.h receipts showing the weig.ht of garbage:and
refuse delivered m the Elk River Resource ReeoverYFaciiiff
under this Ag.reement, or any' other thcility 'to which, ttatbage and
refuse collected under this Agreement is ..... ' ' '"' '""
.. . delivered,
(1)
(m)
The Contractor shall .not deliver any unacceptable V~/astel.toi:the
Facility, nor shall the Contractor mix any unacceptable Waste
with gttrbage and refuse col:lee:ted, under this Agreement('i'.i'l:fI the:
Contractor is uncertain wh~ther certain waste is unacceptable,
Contructor may .request a determination f'rom the .F. actl!ty.lby
submining a s re-dehvery Waste Evaluation" request'in
accordance with procedures established: by
. . . Sherbume.:.C0unty.
If the Facility has a reasonable, basis to.' believe, that garble: and
or refuse delivered by the Contractor contains hazardous:waste, or
other unacceptable waste, the iFaciti, ty operator may requi.~;e !the.
Contractor, at Contractor's expense, to :recover and. properlY:.'
manage or dispose of waste de.posited upon the tipping l floor
w.hich contains lmzardous waste or unacceptable waste~, in
event, garbage or refuse is rejected by the Facility, and': the
Contrac.tor disagrees with a decision
load of 8arbage or refuse, the Contrm;tor shall have the. righ'~. 'to
pte~nt information to the County, the Faci.lity, and. the C..ityin
support of its claim. The claim will then be resolved:by :the:
City, C. ounty and Facility.
Recycling Collection
(u) Recycling collc~cfiun shall take place at [east twice a month fhr
each dwelling 'unit, as determined by the City. The schedule
shall be consistent with the weekl'y schedule of ~he refuse
collection, l)aily service ihours.sball not begin prior ~6iOOia..m.
nor continue past 7:00 p.m.
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(C)
All ~x:cupam or residcnl properties consisting of lbur. orl k=ss
dwdling units in a single building in the City will be.PrOvided'
recycling containers to paniciPaI~ :in the recycling program;
provided by the C'ity, for the recyclable materials' agreed.'uP°n ,by'
the City and the Contractor.
Collection will b~ :flora. the curbside. At a minimum;., coi!e¢fion
must b~ fi)r newspaper, magazines and. catalogs, glass. Containers,
aluminum, tin cans, cardboard: and plastics, lf.mutual!y~'agteed
upon, other materials can be added such as other types Ot :paper
and metal. ...
(d)
(e.)
'I'h¢ Contractor shall not mix other types of refuse or inorganic.
materials with the recyclables or takg any' action .so as'to:make
the recyclable material unacceptable to.the operators of the
recycling center.
The Comractor shall provide monthly reports to the citY:for all
materials collected. The r~quired in.tbrmafion includes.th
market, the receipts, and the net weight and tyPe of mat%iai.
Sorvice Schedule
All collection service s.hall be conducted between the hours o:f 6:i00. a.m.
and 7:00 p.m., Monday through. Friday, excep~ when aa emergency shall
exist, at which time the Contractor shall notify the City of such ii:
emergency conditions. The Contractor may Perfi').rm colleCtion.serVices
on Saturday when a .holiday ihlls on a, weekday.
Collections shall b~ done during Monday through Friday (:both
inclusive) in accordance with a schedule of pick-ups m be. csmb!ished~
by the Contractor and submitted in writing to the City AdministratOr fOr
prior approval. The .schedule shall include the areas in which'PiCk,up
will be made each day' of the week and how' many vehicles will!be: Used
in thc area. Each dwelling unit shall have ils refuse co.llccmd.a ~' ·
minimum of once a 'week, excep~ those dwelling units :for which!the
City Council has approved biweekly pick-up.
The Contractor may request a change in 'thc day of pick-up by
requesting such change in writing m ~he City at least:twenty, one
(121) days from the proposed date the requested .change is
effect. A change shall be effecmd only. upon amhorization t~m
the Cliy and tbuneen (14) days~ notiee.m 'the residentS:~.''
(b) The Contr~tor shall bear all costs involved in nofit~,ing :residents
of appro'v~d schedule changes.
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Co
(c) The Contractor may request a c.ha~ge ia the route .sC'h~tale by
requesting such change in ~iting to the City at. lc'asr,thirty:.(30)
days from the propo~d da~ lhe ~eque.sted c.h~.ge.is
effect. A route chang~ shall be effected only upon a:uth6ri~fion .
from the City.
The Contractor shall not ~ requi~d to make mgul~ goilecti0ns on. New~
'Year's Day, Memorial I)ay. Ind~pend~nve Day, Labor Day,
Th~ksgiving Day, or Christmas Day (the "Holidays"); prov!.dad~ 'that if
th~ l'toliday t~lls on a weekday, it will ~ th~ only day on
~e not ~oU.ect~. When a Holiday falt~ on a w~ekday,
witl ~oll~t thc routes for the designated day the fidioWing d~y :for:the'
rest of the week. Specifically, if a Holiday fal!a on a
.Moa~y routes will be collect~ 'l'u~sday, ~heTueaday muIe.a Will
collocted on W~dn~ay ~d ~.on lhrough Sa~u~ay of the/~ek dmi'ng
which the Holiday t~lls. It shall be the Contra~r's r~a~nSibi!ity~:to
notify residents of ~y changes in thc collection s~hedule aS~amauit of
said Holidays.
Only such pick,ups shall be made as have been authorized bY .the Cily,
and. the Contractor shall not be entitled to payment t'o:r any pi. Ck;uP(s)
made and not authorized by the City.
(a) In the event that a dwelling 'unit has been au.thorized:.:fOr?e~e
service and the City wishes to discontinue such. service at.'. such
residence, the City shall notify, the Contractor to that...etTect at
o,t'!/such
least one week prior to thc date of discontinuance ' "' '
service.
(b) When the City' notifies the Contractor, in writing or by .
t~similie, that the owner or OCcupant of a residence.lUa.:..re~sed
service, such service shall be discontinued within one ~ek from
thc time of such request.
The City reserves thc right 'to improve any street or alley which..may
prevent the Corn,factor ~om. traveling his/her accustomed route.Or mutes
:for collection. The Contractor shall contact the Building and. Zoning
Administrator prior to each constru;tion .season to determine.areas of
conflict and possible alternate route~ or solutions. 'No additional':'..
compensation will be made fi~r this interference.
6. The City reserves the right to adjust 'the "Designated Area" identi:'fled in
Attachment A at the time of renewal of this Agreement ,'
Performance of Collection
7.
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Equipment
(a)
(b)
(c)
(d)
The Contractor shall make alt collections of garbage; refuse~ and
recyclablea in water-tight metal receptacles or vehicles ~th,
cloud, tOps ~ constructed that', their contents will not ie~, ~Sp:ili,
or scatter th~r~t?om. Shoul:d ~y g.~ge, re't'~, co.mpOSt,?.or,.
~cyclables be dumped or spilled in collecting or
~.al] be immediately clean~ up. A broom a~ shovel, in:
u~b.le condition should ~ placed ~d maintai~d on. each
vehicle for this pur~se. Receptacles ~d 'vehicles shall ;~ kept
clean... ~d as free from ~.l offensive, odors as poss:tble'.'.. '. ~d.
not be allowed to stand in ~y ~r~t, alley, or o~er pia~ longer
than is tenably nec~ssa~ to collect garbage.~d
All vehicles ~[l be ~inted ~d m~.k~d uniformly ~ .~l
have the haule:r's n~o ~d telephon.~ number prominent!~
displayed in let.~rs of a con~ting color, at .ie~t three. i~ches.
high, on ~ach side of th~ vehicles.
The Con,actor s'hall keep all equipment u~d in the
of the 'work in good o~rating ~°ndition ~d in. a o'.le~, ~it~y
condition, shall ~oroughly d.isinfect e~h vehi.cle at least:once
week unless the s~e h~' not ~en u~d since ~e .i~'t
disinfection themo. L and ~mll tM~ro'ugh!'y insect e~h ~vehiCle
nece~. They ~all ~ equip~d t0 meet all fe~ral~..state~
m.unici~l regulations concerning vehicles usedon
~d. maintain~ to meet the~ smd~ds.~: Equipment ia' s~bj.ect '.t°
~riodic inspection by th~ City.
The Contr~tor shall furnish the City. with a written ~ption
of M[ vehicles ~d equipment to ~ ~ w~thm, the C.I~
~ver and in the ~rformm~ce of this Agmemenl ~nd
the City in ~iting of ~y wi~drawal of a p~.'.of such.. "'
equipment or of ~y ch~ge ~erein within one .weekOf ~e ~lime
o:f m~ing such change.
~ch collection vehicl~ shall have a fl~ing light w~ning
system, fir~ · ' '
oxtmgm~er, ~d ~r 'b~k-up alarms ~ approved
by ~e City.
Personnel Requirements
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There shall 'bo no limitation on th~ siz~ of'l~.~ ,haulcr~s. %llectiOn
cr~w ~ lo:ng as they are sufficient to 'f~lfitl the requirements, of
the specifications and Agreement. .
The Contr~tor's employees ~all handle all containers ~i:th
reasonable c~c to avoid d~age, mplac.e ~e cont~iflers in an
upright position on thc boulevard a4i:oining the. curb~'.~d.'
pro~rly disuse of ~y conten~ which may be spilled. :'~[':he
Conffactor's en~ployccs will alg~ rc~ff 'to the Confronter .'~Y
violations of regulations ~ the.y observe in thc.performS:ce, of
their wot.k. Employees shall ~ ~',b~ at all times .in.'!~he.
~r'tbrmamc of their duties, ~: of a p~sentable ap~ar~c~,~
.~rform work in a neat ~d quiet manner, ~d at all :times ~ .
co~teous 'to ~c public. '
Supervision
(a) A thll-time su.perintendent of collections shall be, emPloyed:by
the Contractor and shall ~ the. repre~ntmi~e of the C.Ontra¢~tor
unit this Agreement. The superin~ndent, a~ll ~ on. the jbb
during normal hours of collection operations ~d
.proper sch~ules for co[lcction~ Thc supcrinteMe.nt aha. Il ~have.
supe~i~ry duties which shall include servicing of complaints.
All ~rvi~es to ~ ~r/brm~d/b:r the City by the Con~t0r'
purs~.nt to the ~.~s of ~.is Agreement shall ~ su:~rVi:~d::by..
such employee, agent, or officer of the City ~n th~ .C~itY
Administrak~r shall dcalgna~..Thc designa~d ins~CtOr may
hav~ access to all of the Contr~tor's .Elk River reeor~s
~uipmcnt at readable times.
(b)
(,'omplaints
(a)
(b)
The Contractor shall establish and maintain, in a loeati°n:''
approved by the City, an office with continuous s.upervtstoni:.for.'." i~ iJ .'...
accepting eom.plaints and resident calls.' The office 'shal{;'be.!in
service during the hours of 8;00 a.m.. and 4:30 p.m,, Mo~Y
through Friday. except Holidays and as .Specified in the
Agreement. Address and telephone number o:f such office and .
any changes shall ~ given to thc City in writing. Verified,'
titilure to make a pick. up, or follow up on a complaint shal!:.:h,:
cause to deduct $I5.00 as liquidated damages, fn)m.th°.monthly.
pa~'.ment by 'the City. '
Whenever the City or a resident notifies the Contractor
location which has not .received scheduled service, theContraemr
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is required to s~rvi~a: su;h lo~;ation no later than the¢OltOwing
working day t'mm the time of complaint. A record of al!
complaints and al~tion taken thereon ah:all be kept by :the..
Contractor and reported monthly to the. City. All complaini~i
shall 'be answered by the Con'tractor courteously and.promPtly.
Legal Compliance
(a)
6. Satbty
The Contractor shall comply with ord:inanees of the citY:and the
laws and regulations of the State of 'Minnesota.and its. ,~geneies
rel.a:ting to sanitation and collection of garbage.and refhse in.
effect during thc mrm of the .Agreement, :'i
Thc Contr~cto:r shall report all ,violations o:fordinances,' .pertaining": ....
to g~bage and re:fuse collection and disposal for .enforcement
purpo~s including all unsanitary and filthy conditions: to:'.:the Ci:ty
Code Enforcement Office. :.
The Contrac:tor shall provide and maintain ali. Sanitary and safety :
accommodations for the use and protection of its employees:as may,'be.'
necessary m provide for their .health and welfare and comp!y, with ::
federal, state, and local codes and regulations, .as 'well 'as. those of Other,
bodies and 'tribunals having jurisdiction. Employee ~fety and. sanitation
facility regulations are set fort'h in Minnesota Statutes I g2: and. i~" the
Department of Labor and lndustry's Labor Safety Code (LISC 73.75), '
.Payment
l,
The City will compen~te the Contractor, according to.the rates.set:..:.forth
in Attachment B, tbr collection of garbage, re:il!.se,'and., recyel.ltbll~9 Upon
the basis, of the number of dwelling units serviced each wee~,:
volume-baaed method. The actual number of dwellings ser~.Ced:..:'aha!t'
be determined 'from the invoices .issued by thc City to customcrsii'!lbr
.refuse service for that ~rvicc month.
Thc total number o:f.residential units in the Designated. Area. as Of '
November 1, 1996, is agreed to be 3,740 residential units. Additions or
deductions in the number of units collected shall be subject to:. th~.
verification and agreement between the City and the Contra0tor.!'.:SUch
adjustments may. not he made .more often than once per month. '
(a) The City will supply a 'record of aclx~:unts and ad. justmentS t° the
Contractor on a weekly basis.
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Eo
(lb.) Thc C, ity 'will notify the Contraeto.r of the dwelling u:aits,~that
make changes in their billing .rate.
(c) New accounts will be divided eq~lly betuteen, the City'S': three
collection districts. The new accounts, will count~ ~n~l.ly, .but
will not ~ adjusted unless there is a difference of
flay' (50) accounts.
D~i,ng thc period of ~e Agre~mem, ~c City will pay ~
such compaction on or betbre the 15~ of e~h monlh.for:g~bage,
~:fuse, ~d mcyclabl~ collection servic~ ~rformed by th~ Con,actor,.
The com:~nsation shall '~ tbr ~he " .
colt~ctmn service billed d~i'ag ~.e
preceding ca.lend~ month in accord~ce with the direCtiona:':fmm thc
City Administrator.
Thc City shall pay the Facility directly tbr tipping !i~es associated with
garbage and re:fuse colteeu~d, delivered to, and accepted by the. i;~a~.il.i~iy
tmd~r this Agreement.
.During the month of November 199.7, the City and the Co.nU'a~tOr ~all
m~t m jointly review the payment schedule Outlined in .Att~hment B.
of ~is Ag~ement. . . to d~rmine i.f any adjustments' ~on~eded,' ':..
However, nothing, i:n. ~.is claus~ or Agreement::s~ll obligate..:th°~Ci~iY to
in~ress~ ~y'ment to th~ Contra;tot as 'a result of such re%ting 0r
meetings.
6, Additional collection services.
Chart!es for pick-up of additional items and for additional, service shall.
be. made directly to the resident owr~r by the Contractor at a. irate
.apProved by' the City Administrator. '.rh~ additional collection. ,~veico
.price will be established in Attachmcn.t C of this Agreement,.
State ~aics tnx and surcharges.
The applicable state shies taxes paid surcharges shnll be bitled 'bY:City to
customers and paid to th~ state by City.
Performance of Agreement
1. Thc Contractor shall keep ¢omplct~ and accurat~ records.in ace°~dance.
with generally accepted accounting practices
2. .Payment and Collection for Services
11.
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The City shall bill and ~ol!~t .monies duo from r~sideats, tbr
base collection service. '
(b) The C,ontractor shall be responsible ibr 'the bill'inl~ of additional.
collection services to the dwelling unit.
The Contractor shall supply al! la~r, m.a~erial~ ~d cquipmen~ neces~y.
lbr the carrying out of the Agreement,
Insurance
During the emir¢ period of 'the Agreement, the Co.ntr~tor shall i'!
amtam, at its cost and e'Xl:~n~, arid .tile with the (::it)', .poliCicSor
c~.;ni?cates of Wo~.kers' Com~nsafion ~d Liability lnsur~ce.
~m~mum im~ce ~licy coverag~ r~quirements ~e
miu~ ~r person, $1,000,~0 aggr~sate per occ~e.nce,
pm~ny d~age. Ali ·policies evidencing i~ur~ce required, bY:IbiS .
p~agraph shall n~no the City and ~he Comr~or ~
. .~ty ~d the Con~tor bY reasons o.t: ~.y ~t Or ,:
omission, including negligence, of the. Contractor or of
employes or agents in connection with ~e Perfbrman~e of this:..
Agreement, including claims ~isin8 out of the.. use of or o~ratiOn.'°f
my vehicles u~d by the Contr~tor or t Contr~tor's employ~s.
'agents in portb~ing ~is Agreement. Suuh ~.lici~s shall. :~:'in tb~:
and cement ~tisf~to~ to th~ City Att°m~y md ~all:~ filed With:.~e
City Clerk. A cenifica~ showing tha. ac c~ntr~tor has in.'~ff~ct ::~e..
a/bre~id, insurmc~ covering bmh th~ Comr~tOr md
.fi!~ wi~ ~e City Cl~rk within ten (t0)days from ~e execution et'the
Agreement, and y~ly thereafter, m le~t thirty (30) days p~or to
dam of th~ expiration of mid ~flicies of ins~mco tbr e~h
Agreement.. All of the foregoing policies shall~ :~ i~sued.
insur~ce comfy or companies lice~d, re.dO business m ~ Smt~ of
Mem°rmdum p°lici~s ~d r~eiPts t'or th~ payment
.~..fi!~ with. the City showing .payment of pr~iniums tbr
y~ar in ~v~c~ ~d' on e~h rene~ date pmvid~ therein. .' ":' ' '
.Performance Bond.
(a)
Iliad. ]'he Co.ntra~tor shall execute and deliver to .thc:City a...
perfbrmancc bond m 'the. sum of $100~000 c°ndi.ti~ned U~nilth~.
:thiththl performance of the Agr~emenI. In addition, 'to'. :further.
protect the City in thc event the Contm~'u~[ fails, to :propefly:i . ·
.p~rform under the Agreement, the Contractor shaH.
City all receivables .,
c°llected by the Cityand not pard: t0 :the'
Contractor, and all receivables not yet cO!lectedrby
· t e £aty ...
12.
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(b)
This Asr~mc:nt sh~ll not b~om~ ~:ff~gtiv~ until such
been deli:ver~d to the C:ity in fo~m a~ceptable to the CitY.~
Auorney and h~ ~cn ~epted by the.:Ci'ty. Such bond~:Shatl .:~
filed with the City Clerk within ten (10)days from ~e.. eX.eeUtion
of this Agreement ~d shall ~main in effect until the :e~piration
of this Agreement.
P~rform~.~ O.u~!¢~, In lieu of providing a perforate
~nd or ~nds with the City of Elk '.River, the Contra~t°r:'~ll
8usr~t~ pcrlb:rm~ce of this Ag~:ment 'by delaying :the- hii.li~g
0f ~rvi.c~s m the City until the l. Sth day of the. month, following
the month in which collection ~ices were rendered.' by.'~'~
Con,actor. The City may wilhold .payment from ~
Contr~tor tbr failure ~ per'th~ purser to this A.~eeme~t,
Remedy. In the event the Contractor fails to pro.perly.p°rform '
under this Agreement, the City' may t~e whnt~v~r a~tion.:is.
nec~y m sec~c substitute g.~bage ~d refu~ col'l~CtiO~
· o reminder of ~c Agreement term, .~d may. '~ t~' Pr°Ceed~
of ~e ~nd ~or receivables mentioned: above to. ~y:,for the,:
diffcrcncc ~t'.wc~n thc ra~s prOvided ,bY the Agreem~nt'.~d'. ~e
actual cost of s~h substitute ~ice subject to.S~ction
IV.E. 10.(a).
Indemnification.
The Contractor agrees to indemnii~, and hold harm.!esst'he CitY.:]tsii
agents, officers, and employees from any and all claims, cause:s..:Of .:i'-
.,a~tion, liabilities..losses, damages, costs, expenses including:r~aSOnabte::
auomeys' fees, suits, demands, and judgments :of any nature;'.',beCause.°f
blxti!y injury m. or dca'th of. any person or persons and/of becaUS~ iof
damages to property of the Contractor or others, including., lOSs Of .tute..
from any ca.us~ whatsoever, which may be assorted against the. CitY:oil.
account o'f any act or omission, including negligence, o17 the C'ontr~tor;
or the Contractor's employees or agents in connection With .the ': '.
Contractor's pcribtmanc¢ of th.is Agreement. Thc: Co'ntractor'agreea...to.
defend any' action brought against the City on any such. matt~r.,l, and to.
pay and satisfy any judgment ~ntered ther~:m together with al!: ¢0.stS ~
exipen.,~$ incurred in connection, therewith. The City shall:irt:::no! way be
.liable fo.r any claims or charges incurrM by the. ContraCtor in. the:':
performance of this Agreement.
Ouaganty of Nondiscrimination. . :.
The.Contractor agrees that da:ring the lift: of the Agreement, :'the
Contractor will not. within the State of MinnesOta, d.iscriminate.al ;atnst.
Sent by: DUB
KDJ
612 291 9333; 10/24/96
1:18PM;Jet,aX #154;Page 15/22
an7 employee or applicant for employment b~ause of. raco,:.~olOr, :crc=d,
national origin or ancestry, or sex, ~d will in~lud= a simile. :pmvi~ion
in alt subcontracts =n~red into for the ~r'tb[mance thereof. :'. The
Agreement may'M c~celled or t=r.minat~ by.the City, and:.~l.::m~ney
du~ or tO ~ome due may be fort,:it, d for a ~cond or sub~quent~
viol:sties of the .terms or conditions of ~is ~ragra.ph. ' This:.P~agraph.:is
insemd in ~e Agreomcm to comply wi.th the provisions of MiSerere.
statutes, ~ 181.59.
Assignmcm and 'Fr~$I~r.
(b)
The Contractor will not make or create, o.r suffer .to be, m~de or
created, my total or partial ~[e, assignment, convey!mcei',:'or
lease, or any trust or power, or transfer: in any other :mode or
form of or with. respect to this Agreement or any Pm't::thereOf or
any inter~st therein, or any Agreement. Or ngreemen! :todO any, of
the ,,rome, without the prior w~itten approval of the. City, which
approval will not be unreasonably withheld.
T.be. City ~all be entitled to require, except as otherWisel:',
provided in this Agreement, as. condi.ttons 'to any such',apprO:vai.
that: ' '
1) Any proposed trans't~ree shall .hav'¢ the qualifications, arid
financial responsibility,. ~ reasonably det~rmined :: by /the .
City, neces,,mry and ad~q'uate to fulfill ~e.°bliiilattons .:
undertaken in this Agreement by Contractor; and.
2)
3)
The 'transtar docs not create an anti,trust simation..in::.the'
local refu.,m hauling industry that 'is contrary to.i.~~. PUbli:c
interest of 'the residents, of Elk 'River; and .. i:'.
Any proposed transferee, by instrumcnt :in writing.'
~tislhctory to the' City for itself, and their .succgsS0rsi.and
assigns, and ~.xpressly for thc benefit of the. City, !have
expressly assumed all of the :"
obhgnttons of ser~lce:'.under.
this Agreement and agreed to be Subject to ali.'.the'
conditions and restrictions to which service is:.sui~ject,, l't
is the intent of this Section IV.E.g.. together with:Other
provisions of this Agreement, that (to the fullest.extent.
permitted 'by' law' and equity and: excepting 0Sly in-.. the.
manner and to the extent specifically provided! otherwise
in this Agreement) no transfi:r el.;', or chang.e~ with:respect
to. ownership or any part thereof, or any inter'~st.therC:in,
however consuxnmated or occurring, whether .voluntary or
involuntary, shall operate, legally, or practicallY,
i, 4.
Sent by: DRB
612 291 9333; 10/24/96
1:19PM;,Jet'~ #154;Page 16/22
4)
deprive or limit the City of or with resp~t, t°:.any.: rights.
or remedies or controls, provided in or resulting, from this
Agreement; and
There shall be submitted to the City lbr. review ,ali'.
instruments and other legal d.oc~ents involved ia
effecting such trans:li:r, and if approved by 'the 'City,'its:.
approval shall be indicated to the Contractor in ~it!ng..
~[lae ·proposed transferee shall submit to'the. Ctl~y for i":
.review all bonds, insurance policies, and any 'andal! :.other
documents required by this Agreement, .and if approved.:
'by the City, its approval shall, be indicated to. the:'
.proposed transferee in writing,
Payment of Subcontractors and. Employees. ..
The Contractor shall pro.raptly' pay all.persons :doing work ot.,':fumishing
skills, tools, .machinery, or materials or insurance premiumsot"
equipment or supplies m~d all just claims tbr SUch work, material., ..
equipment, insurance, and supplies in and above the performance °fthis
Agreement. :
Termination.
(a) If the City dee:tm.in,es that the ContractOr is i.n :violatiOn of 'the
terms o:f this Agreement, a written notice will be sem.'reiChe
Con.tractor allowing ten (10) days to comply. Failure. bY:the
Contractor to comply with the Agreement 'by the .end'.of {he.::.'...
lO-day period will resul:t in cause :for the City m .terminate this'
.Agreement by written .notice to the Contractor,. :'
(b) Upon ihilure of the Contractor 'to l~lfil! any ofthe.pro~iSions of
this Agr~,~ment, the City Administrator/shal! be. authorized to
hire such personnel equipment,' or assign City employees:ian~1
equipmgnt,, as may be necess~zy 'to do such work.and.::the::coSt 'of
such expe.ns~s thereof may 'be c~harged .and d~ducted
monies due thg Contractor, collected from the Contragto'r~i o~.
collected, by recourse m 'the Contractor's bond Or
guarantee instrument submitted subject to Section IV;E. I0.(a).
Entir~ Agreement.
This Agrgmcnt with Attachmems A, B md C.'. incorp. 0rntedlher~iniby.
reference, is the entin~ agreement between the.panics..:.'No, modification
.of 'this Agreement shall be valid or effective unless made. in writing and
signed by the p~rties hereto. ..
15.
Sent by:
DRB 612 291 9333;
10/24/96
1:20PM;Je~r--.~x#154;Page 17/22
IN WI 1 NL$$ WHEREOI,, the City' of Elk River and
cx¢c, uted this Agfet~.m.¢nt the day and yca.r written below.
By: ....
CITY OF ELK RIVER
By:
Henry A. Du.itaman
Its: Mayor
.'Da~:
By:
I)at¢:
Its: City Administrator:"
Sent by: DRB
612 291 9333; 10/24/96
1:20PU;Jet~ex#154;Page 18/22
CERIIHCA rES OF ACKN'OWLEDOMENT
STATE OF MINNESOTA
COUNTY OF SHERBURNE
On this ........... day of'..,- ....... .,_.,_ ..... ,1996. bet'orc me, p¢:rsonally ap:.pea~ed'"
....... , to me known, who, being duty sworn, did say he is the.
....................................... of __ , and' acknowledged,, .that
.he execut~:d the :~xne aa.'ihis :free act and deed. ' ..... ~ .'
STATE OF MINNESOTA )
) !tS.
COUNTY OF SHERBU:I~E )
Notary Public
they' arc'the MayOr'and City Administrator of the City of El'k River, .Mi.nne~ta,.~d.
acknowledgod the. instrument to be' the fr~e act. and deed of said corporation
On this ............. day of,.,,,,,,,,,,,_, ........ , 1996, before mc personally appeared. Henry A.
Duitsmnn and ,'Patrick. 13~ ,Kla~rs, to me' perSOnally known, who, being duly s~orn,'.didi'aay
'Notary Pub:Iic
17.
Sent by: DRB 612 291 9333; 10/24/96 1:21PU;Jetrax #154;Page 19/22
ATTACHMENT A
.DESI{iNATEI) AREA
Sent by: DRB
I0/14/08 I.~: ~ ~J~441.7425
I I ! I ! tl II I Ii I
612 291 9333; 10/24/96 1:21PM;Jet',,~ax #154;Page 20/22
OI]jJ
BROTHERS/BFi.
I I IIIIII I i Iil I~
I
!
I
Sent by: DRB 612 291 9333; 10/24/96 1:22PM;Jetir-~ #154;Page 21/22
SPECIFICATIONS
ATTACHMENT B
During 'the. period of the c,.,ntracs, the base dw~dling unit pri~e, for refuse, garbage:, and
'm¢'yc;lables 'will be :paid by the City to the Contractor monthly the following rate iht .each
d welling unit. of. pl~:k ,up aery ice:
Re.rum .and Oarbage .Collection
Reeyclin.g Coltection(Biweekl.y)
Total. Dwclhng. Um.t Rate
KDJ
90 Gallon 3,2 Gallon
('Weekly (Weekly
Collection) Collection)
$ 6.40 $ 6.40
$ 3.00 $ 3.00
$ 9.40 $ ~.40,
.32 oalton..
(B.iW~k:ly
C.iallecti'on:)
Sent by: DRB 612 291 9333; 10/24/96 1:23PMjJef-~-dX #154;Page 22/22
ATTACHMENT C
TO
ELK RIVER .REF'USE SERVICE CO:NTRACT
Ch~ges lbr Special Collection of Additional I't~ms
(Based on Curbside Pick-up)
IT:EM
Grass clippings and yard waste
Bundled Brush (not to exceed 30 pounds,
3 feet long, and 3 inches in diameter) $ ZOO/bundle
2. Auto ~ar seat - single $ 9.00.
Auto car.seat - ben.ch. $ 1.5.00
3. Mattress or box spring $. 10.00 per.'item
4. C.arpet and/or .pad $. 1.00/SCl. yd.
~. Chair (lazy-boy style) $' 20.00
6.. CouCh $. 15.00
7. H'ide-a, bed $ 20.00
#. Portable. television $. 5,00
9, Console television $ 15.00
10. .Bathtub $ 20.00
1 I. Garbage, ('over 32..or 90 gallon limit.) $' ZOO/bag
'12. Charges..:tbr piCk-up f¥om other than curbside
1,3. Other items as negotiated between
Contractor and. property owners
CHAROE
1.O0/bag (5..bag roi.n)
.Items 1-13 .must be .pre-scheduled with Comructor so as to provide proper equipment and
manpower with .pa~yment.attached to said item(s). The" 7. . .
Contractor shall, pay ool'Iecti.~m.:and
disPosal, costs ilar these :items,
1. NEW!! MAGAZINES AND CATALOGS
Place in paper bags
· Glossy Catalogs
· Magazines
· Phone Books
· NO junk mail
THE CITY OF ELK RIVER ORGANIZED REFUSE COLLECTION ~~_
4. GLASS-Clear, Brown and Green/Blue · Rinse all containers.
· Remove all caps, lids, and rings.
· DO NOT BREAK.
2. NEWSPAPER AND SUPPLEMENTS
Place in DRY paper bags or bundle and tie.
Everything that comes in the Sunday paper can be
recycled.
· NO telephone books
· NO catalogs
· NO magazines
· NO junk mail
5. ALL STEEL, ALUMINUM, AND TIN FOOD
AND BEVERAGE CANS
· Rinse all containers
6. PLASTIC BOTTLES ~VITH NECKS
· Rinse.
· Remove caps and pumps and throw away.
· No need to remove labels.
· If possible, flatten bottles so they take up less
room.
DRY CORRUGATED CARDBOARD
· Flatten and bundle with twine or rope. Bundle no
larger than 3' x 3' square and 6" thick.
· Place alongside, under or on top of green recycling
container.
· No pizza boxes, cereal boxes, gift boxes, ~nilk cartons,
beverage containers or paper board containers.
*If you are not sure it is recyclable, leave it out.
Including non-recyclable plastics may contaminate
the entire load.
*ONLY MATERIAL PROPERLY SORTED CAN BE
ACCEPTED AT CURBSIDE. RECYCLABLES
SHOULD BE OUR AT 6:00 A.M. FOR PICK-UP.
PLEASE READ THE FOLLOWING POLICIES CAREFULLY AND KEEP FOR FUTURE
REFERENCE
Refuse Container - Place container at the curb. Keep container out of the way of plow, postman or any vehicle. The
container should be out by 6:00 a.m. with the handle facing home. The green recycling bin should be placed on the
opposite side of your driveway. Please return the container to storage by dark. Please do not place hot ashes in
container. To prevent wet garbage and water standing in container, keep lid closed at all times. During summer
months, spray container with hose occasionally to help prevent odor.
Additional Recycling Bins: Replacement bins are available by calling Elk River Utilities at 441-2020. Extra recycling
bins are available at Elk River City Hall for $5.00 each.
Extra Garbage - Your rate reflects up to 90 gallons or 32 gallons per week. If you have extra garbage (i.e. the lid does
not close on the garbage container), prior arrangements must be made by calling your hauler in advance. There will be
an additional charge of $2.00 per bag at the time of service. Contact your hauler:
Peterson Brothers Sanitation 427-1688
Corrow Sanitation 428-2556
East Tonka Sanitation 441-5270
Unacceptable Waste - Tires, auto batteries, motor oil, oil-based paint, construction material, appliances, yard waste,
animal or human waste, or any hazardous waste.
Official Holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day.
The Actual Holiday will be the only day off. For any official holiday that falls on a weekday, your service will be one
day later following the holiday. For example, if a holiday falls on a Wednesday, Monday and Tuesday pickups will be
normal, Wednesday pickup will be on Thursday, Thursday pickup will be on Friday, Friday pickup will be on Saturday. A
holiday that falls on a Saturday or Sunday will have not effect on your service schedule.
Questions or Concerns should be directed to Elk River City Hall at 441-7420. Thank you for your cooperation.
A:\RECFLIER.DOC
ATTACHMENT C
ani p' banitation, 3int. irnes
*RESIDENTIAL* VOLUME 1-1996 EDITION *COMMERICAL*
OUR PROUD HISTORY
~Randy's Sanitation has been in business
since October :of 1979. At that time,
Randy and Sandy Roskowiak started the
business with one truck, no employees,
and two small children.
Now, there are 53 trucks, 100 employees
and those small children, Bobby-20, and
Andy-18, are now actively involved in the
business along with Nick-16, Ben-13, and
Christopher-Il. Last but not least, their
baby girl, Michaela-19 months, thinks she
runs the show when mom and dad bring
her to the office.
Randy and Sandy attribute their successful
growth to dedicated employees, very loyal
customers, many long hours, and the will
to succeed no matter what the challenge.
Every customer is a vital part of the
continued success of our company.
Thank you for being part of our family
Sincerely,
ISSUES INSIDE:
· /* RECYCLING EDUCATION
/ COMPOST INFORMATION
,f DISCLOSURE
,f A FEDERALLY
APPROVED LANDFILL
4' CUSTOMER SURVEY
q.ANDY'S VALUE SAVERS
OUR PLEDGE
"Good Enough is Never Good Enough"
That's our motto at Randy's Sanitation. Whether our staff is driving a truck or talking to
a customer on the phone, they understand that quality performance is what we're all
about. It is our attention to detail and drive for excellence that euarantees you'll receive
the finest service available at the most reasonable value. We ~'tke pride fn being large
enough to offer a full range of services, yet small enough to value each customer as an
important part of our business. It is this unique combination of experience and service
that gives Randy's Sanitation the competitive edge. We are here to serve you, the most
important part of our business.
-Mark Stoltman, General Manager
THE COMPETITION GOES FISHING!!
Due to the growing success of Randy's
Sanitation, the competition seems to
find it necessary to entice you with
great short-term price deals.
Randy's Sanitation would like to take
this opportunity to stress the
importance of satisfying, our customers
with QUALITY service and good
VALUE. If you are approached by one
of our competitors with an offer that's
"too good to be true", simply call your
Randy's service representative to
evaluate your account.
As an independent, Randy's Sanitation
would like to remind you that in 1995, 27
independent and/or family owned haulers
had been bought out by national hauling
companies.
,//
Randy's answers to "YOU" our
customer, not to stockholders.
Randy's would like to thank you for
choosing an independent hauler.
-David Domack
RESIDENTIAL
RECYCLING
~RESIDENTIAL SINGLE FAMILY
*TOWNHOME ASSOCIATIONS
*MOBILE HOME COMMUNITIE~
*MULTI-FAMILY HOMES
We would like to emphasize the
following reminders when recyctinl
your items:
Newspaper/Magazines/Catalogs
Place together in separate bag
Aluminum/Tin/Bi-metal
Place together in separate bag
Glass (Clear/Green/Brown)
Place respective colors in separate
...... :gs by color. NO mirrors, crystal,
or ceramics please
Plastic Bottles with a Neck
Place together in separate bag
Corrugated Cardboard
Please tie in 3 X 3 ft bundles. No
pizza boxes or cereal-type boxes
As recycling markets become more
strict on the quality of their material,
the issue of education becomes even
more important to promote good
habits. Please remember contamin-
)on is garbage.'
[.ease assist by keeping
ecyclables pure. us
COMMERCIAL
RECYCLING
*COMMERCIAL
*INDUSTRIAL
*RETAIL
*MANUFACTURING
We would like to emphasize the
following reminders when recycling
your items:
If you are recycling
cardboard:
Please breakdown your boxes. No
pizza boxes or boxboard-type
material.
:~ :~::~ ~:?.~,.':..':~ :~: Sanitation
l, Cardboard Ontv
~ ifyouare~ ~
recycling source separated
materials in carts:
Please separate as labeled. Follow
the same preparation instructions as
Residential.
O7y 70 7
available to fit your business needs
Randy's Sanitation, Inc. strongl~i
recommends recycling. Not only
it good for the environment, it atsoi
stabilizes your refuse costs.' Please
contact your service representative]
for a waste analysis. 4794335.
]Mni p' anitatinn, 3Jnr.
NOW OFFERS:
SOL,lICE SEPARATED
CO-MINGLED
and SPECIALTY ITEMS
COMPOST
INFORMATION
*RESIDENTIAL
*Compost pickup begins April 15.
Preparation:
Grass & leaves-place in plastic
bags, 30 gallon or less. Maximum
weight per bag of 50 lbs or less.
Brush-please tie in 3 X 3 ft.
bundles.
Collection for compost is the same
day as your garbage pickup.
Place compost curCside on the
opposite side of your garbage.
A reminder: It is illegal to throw
leaves, grass, and brush in your i
trash. Please compost properly.
Other options include:
1. Let it lay (mulching)
2. Compost-it-yourself.
3. Drop-off centers near you.
For more information .on these
options, please contact us at
479-3335.
A FEDERALLY APPI OVED LANDFILL
(CROSS-SECTIONAL VIEW)
60 MIL HOPE fi DRAINAGE ROCK
GEOMEMBRANE LINER '-'---'-7 / I" TEMP GENFRM ~tTT
: :!:: ::::::::::::::::::::::::::::::::::::: .~?.'2:::1.. $ ,
===================================== :.:.:.:.:.:,:.>::::-:.' AND LAYER
, ' '4 ' """'"'"'"'"'"'"'"'"'""* ' GEOTEXTILE FABRIC
LEACHATE
GENERAL FILL ~..~,a~. ~_.
COMPACTED CLAY
GEOCOMPOSiT~~': f':' ;'"-' ..... ':'~ Z UNDWATER ~:
DRAINAGE LAYER ~ bZNDERDRAIN PIPE
...__.....+~. ',,'~., ~ .~.L,, ~ ,:: :: ?., . I
7~ ,"'~-' :"'"'"' I
DRAINAGE ROCK ~ ' '.;',~...:: .: ~.'-?.?,.:': ,~.~_.~TYPE A GEOTEXTILE FABRIC
s Sanitation would like to know how we are doing.
Please take some time to fill-out the survey below and send in alona with your payment.
Your participation is greatly appreciated to assist us in making customer satisfaction number
#1. Filling out your customer name and/or account number is optional.
Detach here and send with your payment!!
RANDY'S SANITATION SURVEY
Customer Name
Rate from 1 to 10 (i0 = Excellent)
Quality of service...
Clean-up around container.
Driver courtesy ..........................................
Image of equipment .............................
Service representative assistance ......
Driver promptness .................................
Please answer Yes or No
Would you recommend our service to others?
Would you like to 'know of upcoming solid waste issues
and how they affect you? ..........................................
S ._ _jesnons, complaints, & other:
Acct#.
t would like to learn more about:
_~ Neighborhood programs
____ Commercial serdce
_~_ Commercial compactors
.... Recycling alternatives
.... Construction dumpsters
..... Special community.- events
.... Special pick-ups
.... Roll-off serdces
.... Hazardous waste
__ Go~;'t issues
~ CompoStmg
~ Other.
'Randy's Sanitation, Inc.
P.O. Box 169
Delano. MN 55328
Dear Valued Customers,
IT'S NEW s::
RANDY'$
SANITATION
TIME, S
Newsletter
Look for valuable
information inside.
Referrals, Referrals,
Referrals
Much of our growth comes from
YOU through WORD-OF-
MOUTH. Please read-on for more
Residential ReYerra!s
Sign up a friend or neighbor for one
year and receive one month free
service from Randy's Sanitation.
Some restrictions may apply'.
Commercial Re!errals
If you know of a new business that
we can sign up, please call one of
our service representatives.
details .......
[Call Us 479- 3
Value Savers Coupons
Look for money saving coupons in
the next edition of our newsletter.
Also, if you would like to advertise
in our newsletter call us at
479-3335.
* * Roll-off Savings' *
Mention this ad and get $10.00 off
your first roll-off pull. Please reserv~
a box early for your sprin_~ clean-up.
Some restrictions may~ applx ."
Expires 7-1-9~5 '
Randy's Sanitation, Inc.
Also features a toll-free number for
in-state callers.
1-800-253-1530