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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 Co Do Eo Go Ho Jo "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 2 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. o 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. 3 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. Bo 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. 4 Co 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. o 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. Ao 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. Co 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. Co 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 7 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. A. Do Eo 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. 8 Go Ho 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. o 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. o 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. o 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 10 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 Sent by: DRB 612 291 9333; 10/24/96 l:lOPM;Jet~-ax #154;Page 5/22 (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. · Sent by: DRB 612 291 9333; 10/24/96 1:11PM;Jet~ax#154;Page 6/22 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. Sent by: DRB 612 291 9333; 10/24/96 1:12PM;Jet.~lx #154;Page 7/22 (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. Sent by: DRB 612 291 9333; 10/24/96 1:12PM;JefFa~ #154;Page 8/22 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. Sent by: DRB 612 291 9333; 10/24/96 1:13PMjJetrax #154;Page 9/22 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 Sent by: DRB 612 291 9333; 10/24/96 1:14PM;Jetlrax #154;Page 10/22 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 Sent by: DRB 612 291 9333; 10/24/96 1:15PM;,Jet~ax #154;Page 11/22 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. Sent by: DRB 612 291 9333; 10/24/96 1:16Pbl;Jet~ax~ #154;Page 12/22 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. Sent by: DRB 612 291 9333; 10/24/96 1:16PM;,Jet~~ #154;Page 13/22 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. Sent by: DRB 612 291 9333; 10/24/96 1:17PUjj~ #154;Page 14/22 (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