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MUNICIPAL RECYCLING AND WASTE AGREEMENT
<br /> This Municipal Recycling and Waste Agreement(the"Agreement")is entered into on Seo. 2019(the"Effective Date'J,
<br /> by and between City of Orono,Minnesota,a municipal corporation created under the laws of the State of Minnesota("City's,and
<br /> Waste Management of Minnesota,Inc.("WM"),a Minnesota corporation.
<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.
<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.
<br /> 11. 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.
<br /> Ili. 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 bythis 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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