HomeMy WebLinkAbout06-24-2019 Recycling Agreement MUNICIPAL RECYCLING AND WASTE AGREEMENT
This Municipal Recycling and Waste Agreement(the"Agreement")is entered into on Seo. 2019(the"Effective Date'J,
by and between City of Orono,Minnesota,a municipal corporation created under the laws of the State of Minnesota("City's,and
Waste Management of Minnesota,Inc.("WM"),a Minnesota corporation.
Recitals
A. The City desires to provide its citizens with environmentally sound recyclable materials collection;
B. WM and its affiliates have extensive experience in providing recyclable materials collection,disposal and processing;and
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
residential recyclable materials according to the terms and conditions contained herein.
Agreements
I. DEFINITIONS
a. Recyclables or Recyclable Materials - are defined in Exhibit A. Title to Recyclable Materials shall transfer to WM upon
collection in WM vehicles.
b. Residential Unit-shall mean a dwelling within the corporate limits of the City by a person or persons as a domicile. Apartment
or condominium buildings with four(4) or more individual dwellings shall not be considered Residential Units and are,therefore,not
covered by this Agreement.
11. TERM
The initial term of this Agreement shall be for five(5)years commencing on October 1,2019,and ending on September 30,2024 and
thereafter shall automatically renew for successive renewal terms of one-year each,unless either Party gives the other Party written
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
served by certified mail,return receipt requested,or by a nationally recognized overnight courier service.
Ili. SERVICES
WM shall furnish the labor,equipment,licenses,permits,and other requirements necessary to provide Recyclable Materials
collection to all Residents Units of the City,which currently consists of approximately 3,138 Residential Units(the"Service"),
Recycling and refuse collector vehicles are restricted to a maximum weight on any single axle of 18,000 pounds(9-ton per axle
weight limit)or as otherwise posted on all residential streets unless otherwise approved in advance by the City Council.As part of
the Service,WM shall:
i. Cart Supply Each Residential Unit has already been provided a 64-gallon Cart for Recyclable Materials.New Residential
Units will be provided a 64-gallon Cart for Recyclable Materials as they Units are added to the City. The Carts and
equipment WM furnishes Residents and the City shall remain WM's property. Residents can request additional Carts at
no additional cost per household if their recycling_volume requires such.Residents may request larger or smaller
Carts after 60-days into the Agreement.
ii. Recyclable Materials Collection Frequency.Days and Times.WM shall provide recycling collection services to Residential
Units on an every other week basis,subject to the terms and conditions in Exhibit A.The City and Residential Units shall
ensure that only materials acceptable in accordance with Exhibit A are placed in the recycling containers.WM reserves
the right to refuse recycling services where the materials are not properly segregated from waste or other non-recyclable
material and shall leave an education tag setting forth reasons the Cart was rejected.
iii. Exclusions from the Service-Notwithstanding anything to the contrary herein,the Service shall not include solid waste,
yard waste collection, bulk or white goods collection, construction or demolition waste collection, or Christmas tree
collection. Services to commercial establishments are not covered bythis Agreement.
iv. Disposal. WM shall dispose or arrange to dispose of nonconforming Recyclable Materials, if any, collected under this
Agreement only at solid waste disposal facilities that are licensed and permitted to accept such solid waste.Without
limiting the foregoing,and City shall pay a contamination charge for additional handling,processing,transporting and/or
disposing of Non-Recyclables and/or all or part of non-conforming loads.
v. Holiday Schedule. The following shall be designated holidays on which the Service shall not be provided:New Year's Day,
Good Friday,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and the succeeding Friday,Christmas Eve,
Christmas Day. If a designated holiday falls on a regularly scheduled Service day,the Service will be performed on the
next weekday
vi. Cart Replacement. WM shall replace at no charge to the City or the individual Residential Unit any Cart that becomes
damaged or destroyed during the provision of the Service,or that becomes unusable because of ordinary wear and tear.
However,if a Cart in the possession of a Residential Unit is lost,stolen,damaged,or destroyed through no fault of WM,
the occupant of the Residential Unit shall be responsible to compensate WM the fair market value for the replacement of
such Cart. The Residential Unit shall be billed separately for such replacement cost.
vii. City Facilities.WM shall provide recycling collection for City facilities located at 2700,2730 and 2750 Kelley Parkway,the
Orono Golf Course located at 265 Orono Orchard Road South, Long Lake Fire Department at 340 Willow Drive,
Bederwood Park at 55 Stubbs Bay Road South,Navarre Park at 3408 Lyric Avenue,Summit Park Beach at 455 East Long
Lake Road and the Navarre First Station at 3770 Shoreline Drive in Orono.Collection shall occur on the same schedule as
Residential Units.
b. Compliance with Laws. The Service shall be performed in accordance with all applicable statutes,laws,rules,regulations
and ordinances
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C. Personnel and Equipment The Service shall be performed by properly trained and licensed personnel inadequate numbers and
with adequate vehicles and equipment to complete the Service in a safe and timely manner
d. Complaints and Missed Pick-Ups. All complaints as to Ws provision of the Service,including alleged missed pick-ups,shall be
given prompt and courteous attention. WM shall attempt to resolve all complaints promptly,and shall cure all missed pick-ups that are
not the result of force majeure events within one(1)weekday,conditions permitting
e. Anti-Discrimination. In performing the Service,WM shall not discriminate against any person on the basis of race,religion,sex,
national origin,political affiliation,or physical and mental disability.
f. Exclusive.The City grants the exclusive right to perform the Services set forth in this Agreement The City agrees that it will
not allow anyone other than WM to lease carts to residents or engage in the collection of residential waste within the City.
IV. HOUSE COUNT AND ADIUSTMENTS
The estimated house count at the commencement of the term hereunder shall be 3,138 Residential Units;however,the Parties shall verify
this house count prior to the initial billing under this Agreement and shall adjust the house count for billing purposes accordingly. Either
Party may propose a prospective adjustment to the house count at any time during the term of this Agreement upon reasonable notice to
the other Party,which adjustment shall be investigated jointly by the Parties to establish a new house count to apply thereafter. WM shall
keep accurate route sheets and/or a Residential Unit database that shall be provided to City promptly upon its request
V. FEES AND PAYMENTS
a. Service Fee per Residential Unit. The fee per Residential Unit,per month,shall be Five Dollars and Five Cents($5.05).The
monthly fee paid to WM by the City shall be calculated based upon the current house count at the time each invoice is generated,
times the fee per Residential Unit[e.g.,Current House Count x Fee=Monthly Invoice Amount].Annually,thereafter during the Term,
the fee per Residential Unit,per month,shall be as follows:
Contract Year Monthly Fee
per Residential Unit
2020-2021 $5.25
2021-2022 $5.46
2022-2023 $5.46
2023-2024 $5.68
b. Annual Increase. Annually,the monthly fee per Residential Unit shall be adjusted on each anniversary of the effective date of this
Agreement except in year 3 by four percent(40/6).
C. Invoices and Payment. WM will submit monthly invoices to the City and the City shall have thirty (30) days from the
invoice date to remit payment in full. Payment by City shall be made by check or wire transfer or ACH debit The maximum interest
permitted by law shall be applied to balances due and unpaid after more than fifteen(15)days beyond the due date.
d. Changes in Law. Notwithstanding anything to the contrary in this Agreement,WM may modify the rates to account for any
increase in costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or
regulations,disposal or processing costs,third party transportation costs,imposition of taxes,fees or surcharges,municipal franchise
fee increases and acts of God such as floods,fires,etc.
VI. DEFAULT AND TERMINATION
The failure of either Party to perform a material obligation under this Agreement shall be considered a breach of this Agreement,and
the breaching Party shall be in default In the event of default,the non-defaulting Party shall give written notice of the default,and
the defaulting Party shall have:(i)ten(10)days from the receipt of the notice to cure any failure to pay money under this Agreement,
or(ii)thirty(30)days from the receipt of the notice to cure any other default under this Agreement If the defaulting Party fails to
cure the breach within the allotted time,the non-defaulting Party may,at its option,immediately terminate the Agreement In the
event of a default,the defaulting Party agrees to pay all damages caused by said default,to include,without limitation reasonable
attorneys'fees and costs associated with enforcement of this Agreement. Under no circumstances shall the Parties be liable for any
consequential,indirect,punitive or special damages for any alleged default under this Agreement.
VII. FORCE MA]EURE
WM's performance of the Service may be suspended and its obligations hereunder excused during the pendency of a cause or causes
beyond its reasonable control,such as by way of example and not limitation: acts of war,public enemy, civil disturbance,riot or
disorder;epidemic or pandemic;acts of God such as landslide,lightning,earthquake,fire,storm,the impending approach of a storm,
or flood; explosion;restraining orders,interference by civil or military authorities,strike,statute,ordinance,government order or
ruling; or other similar causes. In the event of an occurrence of a force majeure event, WM shall notify the City immediately,in
writing, describing the particulars of the circumstances preventing performance of the Service and its expected duration. Notice
shall be provided after the effect of such occurrence has ceased.
VIII. INDEMNIFICATION
a. To the fullest extent permitted by law,the City agrees to indemnify,defend,and hold WM harmless from and against all
claims and actions,suits,debts,damages,liabilities and costs whatsoever,including but not limited to attorneys'fees and costs of
defense,based upon or arising out of the City's breach of this Agreement,and based upon or arising out of any injuries (including
death)to persons,or damage to property,to the extent caused in whole or in part by the negligent acts or omissions of the City,or
any of its directors,officers,employees,agents,or subcontractors,in the performance of this Agreement
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b. WM agrees to indemnify,defend,and hold the City harmless from and against all claims and actions,suits, debts, damages,
liabilities and costs whatsoever,including but not limited to attorneys'fees and costs of defense,based upon or arising out of the
breach of this Agreement,and based upon or arising out of any injuries(including death)to persons,or damage to property,to the
extent caused in whole or in part by the negligent acts or omissions of WM,or any of its directors,officers,employees,agents, or
subcontractors,in the performance of this Agreement.
c. Notwithstanding any provisions to the contrary,WM shall not be responsible for any damage to pavement or curbing that is the
result of ordinary wear and tear during the performance of the Service.
d. The indemnification obligations of this section shall survive the termination or expiration of this Agreement for any reason.
IX. INSURANCE
WM shall maintain at its own cost and expense the following minimum limits of occurrence-based insurance during the term of this
Agreement;
Type Amoun
A. Worker's Compensation Statutory
B. Employer's Liability $500,000
C. Comprehensive General Liability $500,000 per occurrence
$1,000,000 aggregate
D. Automobile Liability(owned and non-owned)
i. Bodily Injury $1,000,000 per occurrence
ii.Property Damage Liability $500,000 per occurrence
E. Excess/Umbrella $500,000 per occurrence
The City, its elected and appointed officials and employees, shall be included as additional insured parties under the CGL,
Automobile and Excess/Umbrella coverages. Prior to commencement of the Service,WM shall deliver to City a certificate of insurance
evidencing the required coverages. This certificate shall provide that any change restricting or reducing coverage,or the cancellation
of any policies under which certificates are issued,shall not be valid unless at least 30 days'written notice of cancellation is provided.
X. _MISCELLANEOUS PROVISIONS
a. Independent Contractor.WM shall perform the Service as an independent contractor.WM,its officers,employees,agents,
contractors or subcontractors, are not and shall not be considered employees, agents or servants of the City for any purpose
whatsoever under this Agreement or otherwise. WM at all times shall have exclusive control of the performance of the Service.
Nothing in this Agreement shall be construed to give the City any right or duty to supervise or control WM,its officers,employees,
agents,contractors,or subcontractors,nor to determine the manner in which WM shall perform its obligations under the Agreement.
b. Amendments.No amendment to this Agreement shall be made except upon the written consent of both Parties.
C. Entire Agreement.This Agreement constitutes the entire agreement and understanding between the Parties hereto with
respect to the subject matter and supersedes any prior and contemporaneous agreements and understandings,express or implied.
d. Waiver.A waiver by either Party of any breach of any provision hereof shall not be taken or held to be a waiver of any
subsequent breach,whether similar or dissimilar,or as a waiver of any provision itself.No payment or acceptance of compensation
for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance.
e. Severance.In the event that any provision of this Agreement is found by a court of competent jurisdiction to be void,invalid,
or unenforceable,the balance of this Agreement shall remain in effect and binding on the Parties.
f. Choice of Law. This Agreement shall be governed by the laws of the state of Minnesota,without regard to choice of law
rules.All proceedings related to this Agreement shall be venued in Hennepin County,Minnesota
g. Assignment.Neither Party may assign its rights and obligations under this Agreement without the prior written consent of I
the other Party,except that WM may assign its rights and obligations under this Agreement to any WM affiliate without the City's
consent.An assignment shall not relieve the assignee of any obligations under this Agreement.
h. Notice.All notices required or permitted under this Agreement shall be in writing and shall be personally delivered,sent by i
certified mail,return receipt requested,or by overnight courier,with copies to counsel for the respective Parties.
i. Ownership of Documents.All reports,plans,specifications,data,maps,and other documents produced by WM solely and
exclusively for City in the performance of the Service under this Agreement shall be the property of the City.
j. Government Data/Privacy.WM agrees to abide by the applicable provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 and all other applicable state or federal rules,regulations,or orders pertaining to privacy or f
confidentiality.WM understands that all of the data created,collected,received,stored,used,maintained,or disseminated by WM in
performing those functions that the City would perform is subject to the requirements of Chapter 13,and WM must comply with
those requirements as if it were a government entity.This does not create a duty on the part of WM to provide the public with access
to public data if the public data is available from the City,except as required by the terms of this Agreement.
k. Savings Clause. If any court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the
remainder of the Agreement will remain in full force and effect.
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IN WITNESS THEREOF,the parties have executed this Municipal Recycling and Waste Agreement as of the Effective Date indicated
above.
Waste Management of Minnesota,Inc. Orono,Minnesota
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Signature: C Signature:
Printed Printed
Name: Name:
Title: vP.A���) Title: Q��1
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EXHIBIT A
SINGLE STREAM SPECIFICATIONS
RECYCLABLES must be dry,loose not bagged),unshredded,empty,and include ONLY the following:
Aluminum cans Newspaper
PET bottles with the symbol#1-with screw tops only Mail
HDPE plastic bottles with the symbol#2(milk,water Uncoated paperboard(ex.cereal boxes;food and snack boxes)
bottles detergent,and shampoo bottles,etc.)
PP plastic bottles and tubs with symbol#5-empty Uncoated printing,writing and office paper
Steel and tin cans Old corrugated containers cardboard(uncoated)
Glass food and beverage containers*-brown,clear,or Magazines,glossy inserts and pamphlets
green
NON-RECYCLABLES include,but are not limited to the following:
Plastic bags and bagged materials(even if containing Microwavable trays
Recyclables)
Porcelain and ceramics Mirrors,window or auto glass
Light bulbs Coated cardboard
Soiled paper,including paper plates,cups and pizza Plastics not listed above including but not limited to those with symbols#3*,
boxes #4*,#6*,#7*and unnumbered plastics,including utensils
Expanded polystyrene Coat hangers
Glass and metal cookware bakeware Household appliances and electronics,
Hoses,cords,wires Yard waste,construction debris,and wood
Flexible plastic or film packaging and multi-laminated Needles,syringes,IV bags or other medical supplies
materials
Food waste and liquids,containers containing such items Textiles,cloth,or any fabric bedding,pillows,sheets,etc.
Excluded Materials or containers which contained Napkins,paper towels,tissue,paper plates,and paper cups
Excluded Materials
Any paper Recyclable materials or pieces of paper Propane tanks,batteries
Recyclables less than 4"in size in any dimension
Cartons* Aseptic Containers*
DELIVERY SPECIFICATIONS:
Material delivered by or on behalf of Residential Unit may not contain Non-Recyclables or Excluded Materials."Excluded Materials"means
radioactive,volatile,corrosive,flammable,explosive,biomedical,infectious,bio-hazardous or toxic substance or material,or regulated
medical or hazardous waste as defined by,characterized or listed under applicable federal,state,or local laws or regulations,materials
containing information(in hard copy or electronic format,or otherwise)which information is protected or regulated under any local,state
or federal privacy or data security laws,including,but not limited to the Health Insurance Portability and Accountability Act of 1996,as
amended,or other regulations or ordinances or other materials that are deleterious or capable of causing material damage to any part of
WM's property,its personnel or the public or materially impair the strength or the durability of WM's structures or equipment.
WM may reject in whole or in part,or may process,in its sole discretion,Recyclables not meeting the specifications,including wet materials,
and City shall pay WM for all increased costs,losses and expenses incurred with respect to such non-conforming Recyclables including costs
for handling,processing,transporting and/or disposing of such non-conforming Recyclable Materials which charges may include an amount
for WM's operating or profit margin("Cost").Without limiting the foregoing,and City shall pay a contamination charge for additional
handling,processing,transporting and/or disposing of Non-Recyclables,Excluded Materials,and/or all or part of non-conforming loads and
additional charges may be assessed for bulky items such as appliances,concrete,furniture,mattresses,tires,electronics,pallets,yard waste,
propane tanks,etc. In the event a Cart is rejected,WM will leave an education tag citing the reasons for the rejection.
WM reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions
related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclables for which no
commercially reasonable market exists may be landfilled at City's Cost.
*Glass may not be accepted in all locations.Cartons,aseptic containers and other plastics may be allowed if approved in writing by WM.
V6 February 2019
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