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<br />MUNICIPAL RECYCLING AND WASTE AGREEMENT
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<br />This Municipal Recycling and Waste Agreement (the “Agreement”) is entered into on_____________________, 201 9 (the “Effective Date”),
<br />by and between City of Orono, Minnesota, a municipal corporation created under the laws of the State of Minnesota (“City”), and
<br />Waste Management of Minnesota, Inc. (“WM”), a Minnesota corporation.
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<br />Recitals
<br />A. The City desires to provide its citizens with environmentally sound recyclable materials collection;
<br />B. WM and its affiliates have extensive experience in providing recyclable materials collection, disposal and processing; and
<br />C. The City has determined that it would be in the best interests of its citizens to contract with WM for the collection of its
<br />residential recyclable materials according to the terms and conditions contained herein.
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<br />Agreements
<br />I. DEFINITIONS
<br />a. Recyclables or Recyclable Materials – are defined in Exhibit A. Title to Recyclable Materials shall transfer to WM upon
<br />collection in WM vehicles.
<br />b. Residential Unit – shall mean a dwelling within the corporate limits of the City by a person or persons as a domicile. Apartment
<br />or condominium buildings with four (4) or more individual dwellings shall not be considered Residential Units and are, therefore, not
<br />covered by this Agreement.
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<br />II. TERM
<br />The initial term of this Agreement shall be for five (5) years commencing on October 1, 2019, and ending on September 30, 2024 and
<br />thereafter shall automatically renew for successive renewal terms of one -year each, unless either Party gives the other Party written
<br />notice of its intention to terminate the Agreement at least ninety days prior to the end of the then-current term. All notices shall be
<br />served by certified mail, return receipt requested, or by a nationally recognized overnight courier service .
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<br />III. SERVICES
<br />WM shall furnish the labor, equipment, licenses, permits, and other requirements necessary to provide Recyclable Materials
<br />collection to all Residents Units of the City, which currently consists of approximately 3,138 Residential Units (the “Service”).
<br />Recycling and refuse collector vehicles are restricted to a maximum weight on any single axle of 18,000 pounds (9-ton per axle
<br />weight limit) or as otherwise posted on all residential streets unless otherwise approved in advance by the City Council. As part of
<br />the Service, WM shall:
<br />i. Cart Supply. Each Residential Unit has already been provided a 64-gallon Cart for Recyclable Materials. New Residential
<br />Units will be provided a 64-gallon Cart for Recyclable Materials as they Units are added to the City. The Carts and
<br />equipment WM furnishes Residents and the City shall remain WM’s property. Residents can request additional Carts at
<br />no additional cost per household if their recycling volume requires such. Residents may request larger or smaller
<br />Carts after 60-days into the Agreement.
<br />ii. Recyclable Materials Collection Frequency, Days and Times. WM shall provide recycling collection services to Residential
<br />Units on an every other week basis, subject to the terms and conditions in Exhibit A. The City and Residential Units shall
<br />ensure that only materials acceptable in accordance with Exhibit A are placed in the recycling containers. WM reserves
<br />the right to refuse recycling services where the materials are not properly segregated from waste or other non -recyclable
<br />material and shall leave an education tag setting forth reasons the Cart was rejected.
<br />iii. Exclusions from the Service – Notwithstanding anything to the contrary herein, the Service shall not include solid waste,
<br />yard waste collection, bulk or white goods collection, construction or demolition waste collection, or Christmas tree
<br />collection. Services to commercial establishments are not covered by this Agreement.
<br />iv. Disposal. WM shall dispose or arrange to dispose of nonconforming Recyclable Materials, if any, collected under this
<br />Agreement only at solid waste disposal facilities that are licensed and permitted to accept such solid waste . Without
<br />limiting the foregoing, and City shall pay a contamination charge for additional handling, processing, transporting and/or
<br />disposing of Non-Recyclables and/or all or part of non-conforming loads.
<br />v. Holiday Schedule. The following shall be designated holidays on which the Service shall not be provided: New Year’s Day,
<br />Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the succeeding Friday, Christmas Eve,
<br />Christmas Day. If a designated holiday falls on a regularly scheduled Service day, the Service will be performed on the
<br />next weekday
<br />vi. Cart Replacement. WM shall replace at no charge to the City or the individual Residential Unit any Cart that becomes
<br />damaged or destroyed during the provision of the Service, or that becomes unusable because of ordinary wear and tear.
<br />However, if a Cart in the possession of a Residential Unit is lost, stolen, damaged, or destroyed through no fault of WM,
<br />the occupant of the Residential Unit shall be responsible to compensate WM the fair market value for the replacement of
<br />such Cart. The Residential Unit shall be billed separately for such replacement cost.
<br />vii. City Facilities. WM shall provide recycling collection for City facilities located at 2700, 2730 and 2750 Kelley Parkway, the
<br />Orono Golf Course located at 265 Orono Orchard Road South, Long Lake Fire Department at 340 Willow Drive,
<br />Bederwood Park at 55 Stubbs Bay Road South, Navarre Park at 3408 Lyric Avenue, Summit Park Beach at 455 East Long
<br />Lake Road and the Navarre First Station at 3770 Shoreline Drive in Orono. Collection shall occur on the same schedule as
<br />Residential Units.
<br />b. Compliance with Laws. The Service shall be performed in accordance with all applicable statutes, laws, rules, regulations
<br />and ordinances
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