10.b Organized Collection Agreement for Solid Waste and Recycling Services with Waste Management Staff Report
Date of Meeting: December 19, 2023
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Waste Management Agreement
This report aims to update the Council on the negotiations with Waste Management (WM) and
recommend the following steps as the city determines how best to provide waste and recycling
services to Scandia residents.
Background:
At the January 4, 2023, meeting, the Council directed staff to pursue an organized collection
system for trash and recycling services. Organized collection is an optional use of the city’s
authority to choose the waste hauler(s) to serve the community. The price households pay in
an organized collection system is generally lower per month for similar service levels than in an
open collection system due to increased efficiencies from serving every household in the
community or a particular route.
At the February 1, 2023, meeting, Council approved a notice entering the City into a required
60-day negotiation period with existing haulers. The notice was published on February 8, 2023,
for a negotiation period that ended on April 9, 2023. The Council also appointed a Waste and
Recycling Negotiating Committee consisting of Councilmembers Benson and Lubke, along with
staff and consultants.
The Committee met on February 22, 2023, to discuss what services should be discussed in
negotiations with Waste Management (WM), the city’s only current waste and recycling hauler.
It also reviewed current waste and recycling contracts from other area communities, the City’s
previous contract with SRC for recycling services, and created a detailed list of items to discuss
with WM.
On March 14, four committee members (Hurlburt, Benson, Fischer & Larson) held the first
negotiation meeting with WM representatives Pat Cosgrove, WM Area Public Sector Manager,
and Jason Hartman, WM Public Sector Sales Representative. The same group met again on
March 28, 2023.
Interim Administrator Hurlburt created contract language using the WM contract with the City
of Stillwater as a foundation, adding aspects of other organized collection contracts reviewed
by the Committee. That contract was reviewed by the Committee and Jason Hartman from
WM at our April 18 negotiation meeting.
WM returned the proposed Agreement on May 9 with minor changes. The Negotiation
Committee reviewed the document over email and offered comments to City Attorney Larson,
who made the changes and returned the Agreement to WM.
On Tuesday, May 30, I received a call from WM stating that we have an agreement on an
Organized Collection Agreement. Councilmember Kronmiller suggested changes to the
Contract, which were reviewed and approved by the Council at their August 15 meeting. Those
changes were sent to Waste Management on August 22. They accepted the changes to the
notification time for missed pick-ups and weather delays but rejected the change that gave the
City 6 months to pay assessed balances, opting to keep the time frame at 60 days.
At our September meeting, the Council agreed to amend Section 2 of the Agreement by adding
the phrase “all Residential Dwellings in the City that elected to have contracted hauling
services.” This was done to prevent WM from requiring all residents to have contracted pick-up
by allowing self-hauling for residents. Additionally, our new ordinance was amended to allow
small businesses that generate less than 60 gallons of trash per week to dispose of their trash
by either bringing it home or self-hauling it to a transfer station. On November 9, I was notified
that WM has accepted the self-hauling changes to the Agreement.
Current Proposal:
After confirming the self-hauling language changes, I worked with WM to update the Appendix
A cost figures, as the Agreement would now go into effect on January 1, 2024. The new
amounts represent a 4.3% increase over the original rates. This percentage was determined
using the three-year average of urban consumers (CPI-U) for water, sewer, and trash collection,
as per section 4.2 of the Agreement.
The City’s Agreement with Waste Management for organized garbage collection is attached.
Discussion:
The City has received numerous complaints (between 15 and 20; only six are in writing, and the
rest were over the phone) about the level of service provided by WM over the summer.
Reports of missed pick-ups and leaving glass in the roadway occurred almost weekly.
Additionally, we have been advised by another City that had WM as their contracted recycling
hauler to rethink our planned seven-year commitment. The contract clauses that allow the City
to hold WM accountable for violations require attorneys to address them, making contract
enforcement expensive. The RFP recently awarded for recycling service by the City was for a
fee of $5.58 per month for bi-weekly pick-up. Our current Agreement with WM is for $9.00 per
month for the same recycling service. However, the WM fee for the large container in their
open garage hauling system is $39.91 per month, whereas our contract is around $32.88 per
month.
I spoke with a City that has had WM for decades. They have also had challenges with missed
pick-ups this summer due to staffing shortages. They have concerns over WM’s customer
service center and how long it takes to talk with someone, but overall, they have a favorable
opinion of WM, as evidenced by their long commitment to them.
If Council is second-guessing whether signing the Agreement with WM is the right move for the
City, this is our last chance to transition and put out a Request for Proposal for waste and
recycling service.
Options:
1) Approve the Waste Management Agreement
2) Table for further discussion
Recommendation:
Option 1
Attachments:
Waste Management Agreement
MUNICIPAL SOLID WASTE AND RECYCLING
SERVICE AGREEMENT BETWEEN THE
CITY OF SCANDIA AND
WASTE MANAGEMENT OF MINNESOTA, INC.
January 1, 2024 – December 31, 2030
City of Scandia Agreement
TABLE OF CONTENTS
1 TERM OF THE AGREEMENT. .............................................................................................................................. 1
2 SCOPE OF THE AGREEMENT. ............................................................................................................................. 1
3 DEFINITIONS. ......................................................................................................................................................... 1
4 BILLING. ................................................................................................................................................................... 3
5 DISPOSITION OF MATERIALS. .......................................................................................................................... 5
6 COLLECTION LOCATION, SCHEDULE AND DAILY SERVICE HOURS. ..................................................... 5
7 WALK-UP/VALET SERVICE ..............................................................................................................................................
8 VOLUME BASED MSW SYSTEM ......................................................................................................................................
9 MSW TIPPING FEES/HAULER REBATE. ......................................................................................................... 7
10 RECYCLING. ............................................................................................................................................................. 7
11 DATA RETENTION AND REPORTING. ............................................................................................................. 8
12 COOPERATION. ...................................................................................................................................................... 8
13 CUSTOMER SERVICE. ........................................................................................................................................... 8
14 DISPUTE RESOLUTION. ....................................................................................................................................... 8
15 LIQUIDATED DAMAGES .........................................................................................................................................
16 MUNICIPAL FACILITIES AND CITY EVENTS COLLECTION REQUIREMENTS. ....................................... 9
17 EQUIPMENT. ........................................................................................................................................................... 9
18 PERSONNEL REQUIREMENTS. ........................................................................................................................ 10
19 LICENSES AND PERMITS. .................................................................................................................................. 11
20 SCHEDULES. .......................................................................................................................................................... 11
21 CHANGE IN COLLECTION SCHEDULE. ........................................................................................................... 11
22 INSURANCE REQUIREMENTS .......................................................................................................................... 11
23 TRANSFER OF INTEREST. ................................................................................................................................. 13
24 NON‐ASSIGNMENT AND BANKRUPTCY. ...................................................................................................... 13
25 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES. ................................................................. 13
26 PERFORMANCE BOND, PAYMENT BOND. ................................................................................................... 13
27 GENERAL COMPLIANCE. ................................................................................................................................... 13
28 HOLD HARMLESS. ............................................................................................................................................... 14
29 ACCOUNTING STANDARDS. ............................................................................................................................. 14
30 RETENTION OF RECORDS. ............................................................................................................................... 14
31 DATA PRACTICES. ............................................................................................................................................... 14
32 INSPECTION OF RECORDS. ............................................................................................................................... 14
33 APPLICABLE LAW. .............................................................................................................................................. 14
34 AGREEMENT TERMINATION. .......................................................................................................................... 15
35 EMPLOYEE WORKING CONDITIONS AND CONTRACTOR’S SAFETY PROCEDURES....................... 15
36 AGREEMENT AMENDMENTS. .......................................................................................................................... 15
37 MISSED COLLECTIONS AND CLEANUPS. ...................................................................................................... 15
38 CURBSIDE RULES AND REGULATIONS. ........................................................................................................ 15
39 GUARANTY OF NONDISCRIMINATION. ........................................................................................................ 16
40 RENEWAL TERMS. .............................................................................................................................................. 16
APPENDIX “A” ‐ SOLID WASTE & RECYCLING RATES ..................................................................................... 18
APPENDIX “B” ‐ RECYCLABLES ................................................................................................................................ 19
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AGREEMENT
THIS AGREEMENT, made this day of , 2023 (the “Effective Date”) by
and between Waste Management of Minnesota, Inc., “Contractor,” and the City of Scandia, a
municipal corporation of the County of Washington, State of Minnesota, “City;”
1 TERM OF THE AGREEMENT.
The term of this Agreement shall be October 1, 2023 through September 30, 2030.
1.1 The Agreement may be extended upon mutual agreement with the City or
Contractor notifying the other party ninety (90) days in advance of the end of the
Agreement. The Agreement terms and conditions, with the exception of the end
date, shall not change or be modified.
1.2 The City reserves the right to terminate this Agreement for material breach or
unsatisfactory performance by Contractor. Termination shall not affect the City’s
right to make a claim against Contractor or its Performance Bond for the damages
on account for such a breach.
2 SCOPE OF THE AGREEMENT.
The Contractor shall furnish all labor and equipment as shall be necessary and adequate to
provide for the satisfactory collection, transportation, and proper separation and processing
of the Municipal Solid Waste (“MSW”) and Recyclables from all Residential Dwellings in the
City that elect to have contracted hauling services.
3 DEFINITIONS.
All items or phrases used in this Agreement shall have the meaning given to the terms in Minn.
Stat. §§ 115A.01 – 115A.03, the City of Scandia 2040 Comprehensive Plan, the Washington
County Waste Management Master Plan 2012 – 2030, and any updates to those Plans
approved by the City or the County. Specific items listed in each definition shall be considered
examples of the type of Solid Waste or Recyclables within each category.
3.1 “Abatement.” The processes required to remove an assessment once charges have
been certified to the county auditor for collection with the real estate taxes .
3.2 “Appliances.” A device or instrument, especially an electrical device, designed to
perform a specific function for household use. (Examples: washer, dryer, water
heater, toaster, microwave, dehumidifier, air conditioner, etc. “
3.3 “Bulk Waste.” Furniture, large toys, bicycles, lawn mowers, lawn chairs, carpet and
other Solid Waste with weights or volumes greater than those allowed for bags or
Carts. Bulk Waste does not include construction debris, hazardous waste or
Consumer Electronics. (Examples: doors, windows, mattresses, etc.)
3.4 “Cart,” or “Curbside Cart.” Containers for MSW or, Recyclables equipped with
wheels and a lid in the following standardized sizes (approximate capacities):
thirty-five (35) gallon (Small), sixty-four (64)-gallon (Medium), ninety-six (96)-
gallon (Large) further referred to as “Small”, “Medium”, or “Large.”
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3.5 “Collection.” The aggregation and transportation of Solid Waste from the place at
which it is generated and includes all activities up to the time when it is delivered
to a processing facility.
3.6 “Consumer Electronics.” Any discarded device generated in a Residential Unit with
a circuit board, including (but not limited to): televisions, computers, laptops,
tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse, etc.), cell
phones, PDAs, DVD recorders/players and video cassette recorders/players, and
fax machines.
3.7 “Contractor.” The City’s Solid Waste Contractor, Waste Management of Minnesota
Inc. (“WM”).
3.8 “Curb” or “Curbside.” That portion of the right-of-way adjacent to paved or traveled
roadways, including alleys.
3.9 “Curbside Solid Waste and Recycling Services.” The Solid Waste collection services
specified within this Agreement.
3.10 “Disposal.” The treatment, utilization, processing, transfer or deposit of Solid Waste.
3.11 “Excess Household Waste.” Normal household waste that exceeds the capacity of
the resident’s Cart and is subject to a special fee for pick up.
3.12 “Hazardous Wastes.” Defined in state statute, state rule and county ordinance.
Wastes are hazardous in Minnesota when they display one or more of these
characteristics: ignitability, corrosively, reactivity, toxicity, lethality or are an
oxidizer. These materials are not accepted at curbside Solid Wastes collection.
3.13 “Holidays.” Any of the following: New Year’s Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day
3.14 “Mixed Municipal Solid Waste (MSW).” Defined in accordance with Minn. Stat. §§
115A.01 – 115A.03, including garbage, refuse, rubbish, trash from residential and
community activities that the generator of the waste aggregates for collection. MSW
does not include auto hulks, street sweepings, ash, construction debris, tree and
agricultural wastes, tires, lead acid batteries, motor and vehicle fluids, filters, and
Hazardous Waste and other materials collected, processed, and disposed of as
separate waste streams. Also referred to in this Agreement as “Solid Waste”.
3.15 “Non targeted materials.” Materials that are not designated mutually by the City and
Contractor as Recyclable.
3.16 “Normal Household Waste.” Mixed Municipal Solid Waste typically generated by
Residential households.
3.17 “Processing.” The sorting, volume reduction, baling, containment or other
preparation of Recyclables delivered to a facility for transportation or marketing
purposes.
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3.18 “Processing center.” A facility in which solid waste and recyclable materials are
processed. The facility will conform to all applicable rules, regulations, and laws of
state, local or other jurisdictions.
3.19 “Recyclables.” - See Appendix “B” for the acceptable and unacceptable materials
list.Contractor reserves the right upon notice to City 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. .
3.20 “Residential Dwelling” shall include single and two-family dwellings, including
residential manufactured homes .
3.21 “Resource Recovery Facility.” A waste and recycling facility contracted by and/or
operated by the Ramsey/Washington Recycling and Energy Board (R & E Board) in
which Solid Wastes are processed.
3.22 “Senior or Adjusted Accounts.” Residential Dwelling where not more than two
people reside where the head of Residential Dwelling is 62 years of age or older or
has a temporary disability reasonably projected to last greater than 30 days or
permanent disability, regardless of age.
In order to qualify for this program, the resident must:
Be physically unable to wheel their cart to the curb for collection.
Have no other person who can assist them, such as a spouse or other live-in
family member or a personal assistant.
Place the carts within a reasonable distance of approximately 75 feet from
the edge of the roadway.
3.23 “Single-sort Recycling.” The required Recyclables Collection method in which items
designated as “Recyclable materials” or “Recyclables” are placed in a Recycling Cart,
without being sorted, for Curbside Collection.
3.24 “Solid Wastes.” Shall have the same meaning as MSW; the general term for the
Wastes addressed by this Agreement.
3.25 “Yard Waste.” Grass trimmings, leaves, garden wastes, twigs and miscellaneous tree
seeds and cones, and bundled brush not exceeding four (4’) feet in length or forty
(40) pounds per bundle.
4 BILLING.
4.1 Contractor shall be responsible for billing and collecting charges from all
Residential Dwellings serviced under this Agreement. Contractor may apply interest
charges, but no greater than the maximum interest permitted by law shall be applied
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to balances due and unpaid after more than fifteen (15) days beyond the due date.
Contractor shall immediately report to the City all Residential Dwellings that
stop paying for Curbside Solid Waste and Recycling Services.
4.2 Residential Solid Waste & Recycle Material Collection (Fees) and Annual Rate
Increases.
The Contractor’s service fees for Residential Dwellings using Carts for Solid Waste
and Recycling Services (“Service Fees”) shall be determined in accordance with the
fee schedule attached hereto as Appendix “A”. This schedule will be in effect during
the period of October 1, 2023 until December 31, 2023.
Thereafter, the Service Fees shall be increased on January 1 of each year by the
average percentage of the consumer price index for urban consumers (CPI-U) for
water and sewer and trash collection services from November to November of the
previous three years. The disposal fee component of the service fee shall be
increased by the same percentage as any increase in the cost of disposal at the
Resource Recovery Facility.
4.3 Certification of Unpaid Bills. City will certify to Washington County, on an annual
basis, all delinquent Service Fees. These amounts will be assessed on and payable
with the owner of the Residential Dwelling’s property taxes.
As required by Minnesota Statutes to assess Solid Waste delinquent billing
amounts, the Contractor must complete the following Certification process:
Send Notices/Certification Letters to Residential Dwelling Account
Holders/Property Owners of the properties (“Letter”) no later than September
30th each year to meet Minnesota Statute requirements of 45 days to pay before
certification (November 15th each year).
Letter must include the certification amount for Unpaid Balances for July 1st of
previous year thru June 30th of current year and must not consist of delinquent
charges for any other period.
Letter must include Due Date of November 15th for payment of Unpaid Balance
to avoid certification.
Letter must provide a contact name and telephone number of Contractor to
answer questions regarding certification letters, amounts of certifications, etc., to
ensure that customer service does not refer them back to the City.
Provide a copy of all Letters sent to Residential Dwelling Account
Holders/Residential Dwelling Owners to the City no later than September 30th in
electronic form (i.e. flash drive or CD) for the City’s records.
Create Certification list with verified Property ID numbers formatted as
##.###.##.##.#### (County Requirement and supplied to Contractor by the
City) and Amounts for Certification by the 3rd Friday of November.
The Contractor shall provide the City with the list to be certified in an electronic
format.
Any changes in Property ID numbers that were corrected and emailed to the
Contractor by the City the previous year need to be reflected in the current year.
Contractor understands that should any part of the above Certification Process as
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described above is not completed the City will not certify any delinquent billings
to the County until the following year in order to meet Minnesota Statute
assessment requirements.
4.4 Process for Changes (for any reason) after Current Year Certification to the
County.
Contractor must present a written request to the City for the change/abatement.
City staff will present the abatement request to the City Council for approval.
City staff will send the abatement to Washington County.
Certification list for totals remaining due must be adjusted to reflect new expected
payment amounts.
Flat Fee to City of $25.00 per change/abatement, as defined under Section 3,
Definitions, will be deducted from the Final City Payment to Contractor.
4.5 Previous Years Certification Refunds. Should there be any refunds for the
previous year’s abatement, the Contractor will be responsible for refunding the full
amount of the special assessment to the Residential Dwelling Account
Holders/Property Owners.
4.6 Payment of Certification Funds. City will reimburse the Contractor within 60 days
from the completion of the certification process.
5 DISPOSITION OF MATERIALS.
5.1 The responsibility for all Solid Waste collected shall be that of the Contractor from
the time of pick-up. Thereafter, ownership remains with the Contractor until the
Contractor has properly disposed of or marketed the collected materials.
5.2 Contractor shall dispose of Recyclables at a facility for Processing as it deems
advisable, but in compliance with all City, County, State, and Federal laws and rules.
Contractor may not transport the Recyclables to a mixed municipal solid waste
disposal facility and shall not landfill, incinerate, compost, or make fuel pellets out
of the Recyclables; provided the Resource Recovery Facility is operational and has
capacity. The Contractor shall, upon the request of the City, inform the City in
writing of the method of disposal and of any changes in the method.
5.3 Contractor will deliver MSW generated by municipal activities, including waste
services contracts/agreements arranged for by the City on behalf of its residents, to
the Ramsey/Washington County Recycling and Energy Board (R&E Board) Facility
located in Newport, MN.
6 COLLECTION LOCATION, SCHEDULE AND DAILY SERVICE HOURS.
6.1 Contractor shall make MSW curbside pickup at all Residential Dwellings in the City
one time per each week during the term of this Agreement. All MSW from each
Residential Dwelling, shall be collected on the same day.
6.2 Single-sort Recycling shall be picked up every other week on the same day as MSW
is collected.
6.3 Daily service hours shall be between the hours of 7:00 a.m. and 7:00 p.m. No
Collection service shall take place outside of these hours.
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6.4 After the Contractor has picked up the MSW and Recycling from a Residential
Dwelling, the Contractor shall return all carts to a point that does not impede the
roadway.
7 WALK‐UP/ VALET SERVICE.
7.1 The Contractor will provide a walk-up, or valet, service for MSW and Recyclables
Collection for Senior or Adjusted Accounts. For these stops, the Contractor walks
the cart(s) down to the curb, empties the cart(s), and walks the cart(s) back up to
its original location. It is expected that driveways will be maintained in passable
condition, have no greater than a moderate slope (max. 15%), and surface may be
gravel and/or paved.
7.2 This service will be offered at the same rate as the Curbside Solid Waste and
Recycling Services provided in Appendix A. It shall be the responsibility of the City
to maintain and verify service eligibility. In addition, the Contractor shall provide
this service as a temporary option (i.e. a resident recovering from surgery, injury
and/or other temporary physical restriction) or as a re-occurring annual option for
Senior or Adjusted Accounts.
8 VOLUME BASED MSW SYSTEM.
8.1 Volume/Weight-based MSW fees must be offered to each Residential Dwelling, in
compliance with MN Stat. § 115A.93 sub. 3.
8.2 The Contractor shall furnish Carts for MSW in small, medium, and large sizes to
Residential Dwellings. Residents shall be allowed to choose the number and size of
the Cart(s) for their residence to be delivered by Contractor if not already provided
and will be billed according to the Rate Schedule attached as Appendix A. . If the
Contractor chooses to supply Carts that are slightly larger than the sizes listed
above, it shall be considered in compliance with this provision. Carts will remain
the property of the Contractor.
8.3 Carts shall be identified with the name of the Contractor. The City acknowledges
that the majority of carts in use within Scandia bear the name of a company acquired
by the Contractor. The Contractor shall either replace these carts or modify (i.e.
sticker) them to identify them with the WM name no later than January 1, 2025.
8.4 In the event a Residential Dwelling desires collection of MSW in excess of the Cart
size it has selected, the Contractor shall pick up the excess MSW and include on the
Residential Dwelling’s quarterly invoice an amount of $3.00 for each additional
thirty (30)- gallon bag or equivalent of excess MSW.
8.5 The Contractor shall not be obligated to change Cart size more than once annually
and upon less than thirty (30) days’ notice.
8.6 The Service Fee per month per Residential Dwelling shall be as stated on Appendix
A as, “Adopted and amended by resolution of the City Council.”
8.7 Residents who will be continuously absent from the City for more than thirty (30)
days shall be entitled to a reduced rate to $0.00 per month during the period of their
absence. Notification shall be made by the resident that they will be absent for more
than thirty (30) days. Residents are permitted to take up to six (6) months of
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vacation leave in a calendar year in increments of at least thirty (30) days.
9 MSW TIPPING FEES/HAULER REBATE.
9.1 It is agreed by the Contractor and the City that disposal rates are a combination of
tipping fees and hauler rebates. In the event that the net of tipping fees and hauler
rebates increase or decrease in any given twelve (12) -month period, either party
may request a rate adjustment by contacting the other party. Any rate adjustments
shall be negotiated between the parties, and approval will not be unreasonably
withheld. A maximum of one (1) adjustment per twelve (12) -month period is
allowed.
9.2 The tipping fee at the R&E Board Facility in 2023 is One Hundred, Three Dollars and
00/100 Cents ($103.00) per ton The net disposal cost is -$103.00 per ton.
10 RECYCLING.
10.1 The pickup of Recyclables shall be unlimited in quantity. Currently, Yard Waste is
not an option available in the community; Parties agree to mutually negotiate in good
faith to amend this Agreement to include Yard Waste when such an option is
reasonable.
10.2 Residential Dwellings. Contractor shall provide a minimum of one (1) Cart for the
collection of “Single-sort” Recycling per residential unit. Residents shall be allowed
to choose the number and size of the Recycling Cart for their residence at no
additional charge.
10.3 Washington County and the Contractor shall jointly approve the list of Recyclables
collected by Contractor. Contractor may add Recyclables for which it has stable
markets.
10.4 Single-sort Recycling shall be picked up every other week on the same collection
day of the week as a resident’s MSW.
10.5 Contractor shall assist in the Recycling publicity and public education at the request
of the City. Contractor agrees to cooperate in the development and distribution of
educational material to help reduce Solid Waste generation and improve Recycling
practices and disposal attitudes and habits.
10.6 Contractor agrees to replace worn or unreadable Recycling stickers on Carts as part
of the continued education of residents on Recycling
10.7 Contractor shall be responsible for annually informing residents of the “Single- sort”
Recycling program. The City shall be informed and receive copies of all information
distributed to Scandia residents. The City requires the Contractor to publish and
mail to each service address an annual public education flyer that contains the
following Recycling information for City residents:
Annual calendar of curbside Recycling collection dates
List of materials to be included for Recycling
Examples of non-targeted materials that cannot be recycled in the
City’s Recycling program
General information about Curbside Recycling
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How to prepare materials for Recycling
10.8 The Contractor shall provide a link to a website unique to the City of Scandia,
which shall contain, at minimum, the materials distributed to residents and an
annual Recycling calendar.
11 DATA RETENTION AND REPORTING.
11.1 Contractor shall compile and retain Solid Waste data and report county-required
data to Washington County. In addition, the Contractor shall furnish the City copies
of Solid Waste reports that are submitted to Washington County when requested.
Failure to furnish this data to the County within twenty (20) business days of it
being due shall entitle the City to withhold any payments due to the Contractor until
the data is received by the County.
11.2 Contractor must also provide to the City upon request any data generated by
Contractor solely and exclusively for this Agreement that is required by Washington
County including data pertaining to household participation rates.
12 COOPERATION.
Contractor agrees to meet and cooperate with City staff and the City Council when requested
by the City, and to study and evaluate the Solid Waste collection system in order that the
goals of the City’s Comprehensive Plan are realized. If necessary, based upon regulatory
changes and technological advances, Solid Waste services may be modified, such as the
addition of Organic Waste to the Collection system.
13 CUSTOMER SERVICE.
13.1 The Contractor shall maintain a toll-free telephone number for accepting
complaints and resident calls. Customer service representatives shall be available
during the hours between 8:00 a.m. and 4:30 p.m., Monday through Friday, except
Holidays. The telephone number and any subsequent changes shall be given to the
City in writing. Residents may also use WM.com to communicate with customer
service.
13.2 Whenever the City or a resident notifies the Contractor of a location that has not
received scheduled service, the Contractor is required to serve the location no later
than the following business day from the time of the complaint.
13.3 A record of all complaints and action taken thereon shall be kept by the Contractor
and reported monthly to the City. All complaints shall be answered by the
Contractor courteously and promptly.
14 DISPUTE RESOLUTION.
14.1 Contractor shall, in good faith, attempt to settle any dispute arising with residents.
In the event the parties cannot resolve a dispute, the matter shall be submitted to
City staff.
14.2 In the event a dispute shall arise between the Contractor and the City, with respect
to the amount of monthly compensation entitled to the Contractor from the City,
duly appointed City and Contractor representatives should meet and endeavor to
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resolve the differences. In the event the dispute cannot be so resolved, both the City
and Contractor shall be bound by the terms and conditions of this Contract. Disputes
that require legal action will be dealt with in Washington County District Court. This
contract shall be construed in accordance with the laws of the State of Minnesota.
15 LIQUIDATED DAMAGES.
15.1 Contractor agrees, that the City may demand payment from Contractor in the
amounts specified below as liquidated damages for failure of Contractor to fulfill its
contract obligations; provided the Contractor has not cured the failure. .
Failure to respond to legitimate missed pickup within twenty-four (24) hours in a
reasonable and professional manner - Fifty dollars and 00/100 Cents ($50.00)
per incident.
Failure to provide quarterly and/or annual reports - One Hundred Dollars and
00/100 Cents ($100.00) per incident.
Failure to provide residential list or number of carts and dumpsters at each service
level– One Hundred Dollars and 00/100 Cents ($100.00) per incident
Failure to complete the collections within the specified timeframes without proper
notice to the City - One Hundred Dollars and 00/100 Cents ($100.00) per incident.
Failure to clean up spills caused by Contractor during collection operations - Two
Hundred Fifty Dollars and 00/100 Cents ($250.00) per incident.
16 MUNICIPAL FACILITIES AND CITY EVENTS COLLECTION REQUIREMENTS.
16.1 Contractor shall collect and dispose, without additional charge, such MSW and
Recycling as is the responsibility of the City, or which is accumulated by the City, or
for the City, such as street cans and park barrels and Recycling containers, including
Recycling and MSW from all City-owned facilities, which currently are:
City Hall/Community Center, 14727 209th St. N. (6-yard dumpsters for MSW and
recycling)
Public Works/Fire Hall, 15040 Scandia Trail N. including:
o 6-yard dumpsters for MSW and recycling
o Up to two (2) 30-yard demolition roll-offs two (2) times a year
when requested by the Public Work Director
Boat landings owned by the City of Scandia at Goose Lake and Log House Landing
on the St. Croix River to include two 96-gallon MSW bins for each location.
Three community special events, dates to be determined by the city, number and
type of carts or dumpsters to be as requested by the Public Works Director
Annual Cleanup Event, the event dates, equipment to be provided and service rates
to be mutually agreed upon by the parties.
16.2 In the event of a natural disaster within the City, the Contractor may but not be
obligated to make dumpsters available as necessary for the cleanup at a price to be
negotiated at the time the service is rendered.
17 EQUIPMENT.
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17.1 In addition, all Collection Vehicles used in performance of the Agreement shall:
Be marked with the name of the Contractor prominently displayed on both
sides of the truck. The lettering must be at least three (3) inches in height,
Operate within the weight allowed by Minnesota Statutes and local ordinances.
Be duly licensed and inspected by the State of Minnesota.
Have a first aid kit.
Have an approved fire extinguisher.
Have warning flashers.
Have a broom, shovel and absorbent material for cleaning up solid or fluid
spills.
Have warning alarms to indicate movement in reverse.
Have a sign on rear of vehicle. which states “This vehicle makes frequent stops”.
All of the required equipment must be in proper working order.
All vehicles must be maintained in proper working order and be as clean and
free of offensive odors as possible.
18 PERSONNEL REQUIREMENTS.
18.1 Contractor shall retain sufficient personnel and equipment to fulfill the
requirements and specifications of this Agreement.
18.2 Background Checks. All of the Contractor’s employees shall be subject to security
screening and background checks before they can work within the City.
18.3 The Contractor understands that if any of the Contractor’s employees, agents, or
independent contractors are deemed unsuitable due to criminal history, security
violations or lack of citizenship or legal status documentation, they shall be
precluded from engaging in any service under this Agreement. Contractor shall
provide current employee identification (in Contractor’s sole discretion) and legal
status to the City on request throughout the term of the Agreement.
18.4 If requested by City, Contractor shall provide documentation that all of Contractor’s
personnel working within the City have been trained both in program operations
and in customer service, and shall ensure that all personnel maintain a positive
attitude with the public and in the work place, and shall:
Conduct themselves at all times in a safe and courteous manner and use no
abusive or foul language.
Make a concerted effort to have at all times a presentable appearance and
attitude.
Wear a uniform and employee identification badge or name tag.
Drive in a safe and considerate manner.
Manage Carts and multiple dwelling Carts in a careful manner so as to avoid
spillage and littering, or damage to the Cart. Carts should not be thrown once
emptied.
Monitor for any spillage caused by Contractor and be responsible for cleaning
up any litter or breakage which occurred as a result of Contractor’s actions.
Avoid damage to property resulting from Contractor’s negligence.
Not perform their duties or operate vehicles while consuming alcohol or
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illegally using controlled substances or while under the influence of alcohol
and/or such substances.
19 LICENSES AND PERMITS.
The Contractor shall ensure that all driver and truck licenses and permits are current and in
full compliance with local, state and federal laws and regulations. Upon request by the City,
Contractor shall make available for inspection all such licenses and permits of Contractor
owned processing facility used to handle material from the City as required by the
appropriate city, county, state and federal laws and ordinances.
20 SCHEDULES.
20.1 Contractor shall furnish the City with a map of the area in which Collections will be
made each day of the week, and the Contractor shall adhere to this schedule unless
permitted otherwise by this Agreement.
20.2 Severe Weather. The Contractor may postpone Collections due to severe weather
at the sole discretion of the Contractor. “Severe Weather” shall include, but not be
limited to, those cases in which snow, sleet, ice or cold temperatures might
jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions.
If Collections are postponed, the Contractor shall notify the City and Customer
within two (2) hours of the determination being made. Upon postponement,
Collection will be made on the immediately following business day or the
immediately following Saturday, whichever is soonest.
21 CHANGE IN COLLECTION SCHEDULE.
21.1 Contractor may request a change in the schedule by requesting the change in
writing to the City at least thirty (30) days from the proposed date of the requested
change. A change shall be affected only upon prior, written authorization from the
City and upon publication at least once in a newspaper of general circulation in the
City during the week before the change.
21.2 Contractor shall not be required to make regular Collection on the following
Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day, provided that the routes are collected on the
immediately following business day or the immediately the following Saturday,
whichever is soonest.
21.3 Contractor is responsible to notify residents of any changes in the collection
schedule as a result of the Holidays and Severe Weather.
22 INSURANCE REQUIREMENTS
22.1 Insurance secured by the Contractor shall be issued by insurance companies
acceptable to the City. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of
execution of the Agreement and shall remain continuously in force for the duration
of the Agreement. The Contractor shall provide Certificates of Insurance to the City
as evidence of the required insurance coverage requirements as soon as available
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after December 31. Contractor’s policies shall be primary insurance to any other
valid and collectible insurance available to the City with respect to any claim arising
out of Contractor’s performance under this Agreement. Contractor’s policies and
Certificate(s) of Insurance shall contain a provision that coverage afforded under
the policies shall not be cancelled without at least thirty (30) days advanced written
notice to the City or in case of non-payment of premium, at least ten (10) days
written notice of cancellation. Contractor shall obtain insurance policies from
insurance companies having an “AM BEST” rating of A- (minus); Financial Size
Category (FSC) VII or better, and be authorized to do business in the State of
Minnesota. The Contractor and its sub-contractors shall secure and maintain the
following insurance:
A. Workers Compensation Insurance. Workers compensation insurance as specified
by the Minnesota Department of Occupational Health and Safety and federal law.
Coverage shall include Employer’s Liability with minimum limits as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
B. Commercial General Liability Insurance. Contractor is required to maintain
insurance protecting it from claims for damages for bodily injury and property
damage, which may arise from operations under the Agreement, with minimum
limits at or above the maximum municipality liability under Minn. Stat. § 466.04,
as amended, or the minimum limits set forth below, whichever is greater:
$2,000,000 – per occurrence
$2,000,000 – annual aggregate
$2,000,000 – annual aggregate – Products/Completed Operations
The following coverages should be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Competed Operations Liability
City must be endorsed as an Additional Insured
C. Business Automobile Liability Insurance. Contractor is required to maintain
insurance protecting it from claims for damages for bodily injury and property
damage resulting from the ownership, operation, maintenance or use of all autos
which may arise from operations under this Agreement with minimum limits at
or above the maximum municipality liability under Minn. Stat. § 466.04, as
amended, or as follows, whichever is greater:
$1,500,000 – per occurrence combined single limit for bodily injury
and property damage
This insurance includes a cause of loss where there is a spill of fuels and
lubricants used in the vehicle for its operation.
An Umbrella or Excess Liability Insurance policy may be used to supplement the
policy limits on a follow-form basis to ratify the full policy limits required by the
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Agreement.
23 TRANSFER OF INTEREST.
23.1 The Contractor shall not assign any interest in the Agreement, and shall not transfer
any interest in the Agreement, either by assignment or notation, without the prior
written approval of the City. The Contractor shall not subcontract any services
under this Agreement without prior written approval of the City. Failure to obtain
such written approval by the City prior to any such assignment or subcontract shall
be grounds for immediate Agreement termination.
24 NON‐ASSIGNMENT AND BANKRUPTCY.
24.1 The parties hereby agree that the Contractor shall have no right to assign or transfer
its rights and obligations under said Agreement without written approval from the
City. In the event the City or its successors or assigns files for bankruptcy as
provided by federal law, this Agreement shall be immediately deemed null and void
relieving all parties of their contract rights and obligations.
25 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES.
The parties agree that any controversy or claim arising out of or relating to this Agreement
or the breach thereof, shall be settled, at the option of either party, by arbitration in
accordance with the Rules of the American Association of Arbitration and judgment upon
the award by the arbitrator(s) may be entered in any court with jurisdiction thereof.
26 PERFORMANCE BOND.
This Agreement specifies requirements for a performance bond in the case of the
Contractor’s failure to perform contracted services. The performance bond shall be for a
minimum of $300,000. The responsibility for renewal is the responsibility of the
Contractor.
27 GENERAL COMPLIANCE.
27.1 The Contractor agrees to comply with all applicable local, state and federal laws
Independent Contractor.
27.2 Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee
between the parties. The Contractor shall at all times remain an independent
Contractor with respect to the services to be performed under this Agreement. Any
and all employees of Contractor or other persons engaged in the performance of
any work or services required by Contractor under this Agreement shall be
considered employees or subcontractors of the Contractor only and not of the City;
and any and all claims that might arise, including worker's compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state,
on behalf of said employees or other persons while so engaged in any of the work
or services provided to be rendered herein, shall be the sole obligation and
responsibility of the Contractor.
27.3 The City warrants that City's property is sufficient to bear the weight of Contractor's
equipment and vehicles and agrees that Contractor shall not be responsible for any
damage to City's pavement or any other surface resulting from the equipment or
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Curbside Solid Waste and Recyclable Services.
28 HOLD HARMLESS.
28.1 The Contractor agrees to defend, indemnify and hold harmless the City and its
council members, officers, and employees from any liabilities, claims, damages,
costs, judgments, and expenses, including attorney’s fees, resulting directly or
indirectly from negligent act or omission, misfeasance or malfeasance of the
Contractor, its employees, its agents, or employees of subcontractors, in the
performance of the services provided by this Agreement. If a Contractor is a self-
insured agency of the State of Minnesota, the terms and conditions of Minnesota
Statute § 3.732, et seq., shall apply with respect to liability bonding, insurance and
liability limits.
29 ACCOUNTING STANDARDS.
29.1 The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices
to properly account for expenses incurred under this Agreement.
30 RETENTION OF RECORDS.
30.1 The Contractor shall retain all records pertinent to expenditures incurred under
this Agreement for a period of six (6) years after the resolution of all audit findings.
Records for non-expendable property acquired with funds under this Agreement
shall be retained for six (6) years after final disposition of such property.
31 DATA PRACTICES.
31.1 The Contractor agrees to comply with the Minnesota Government Data Practices
Act as applicable as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Contactor in performing any of the City’s
functions under the Agreement in accordance with Minn. Stat Section 13.03 Subd.
(11. The Contractor must immediately report to the City any requests from third
parties for information relating to this Agreement. The City agrees to promptly
respond to inquiries from the Contractor concerning data requests.
31.2 All proposals, such as those for post-disaster assistance, shall be treated as non-
public information until the proposals are opened for review by the City. At that
time the proposals and their contents become public data under the provisions of
the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13.
32 INSPECTION OF RECORDS.
32.1 All Contractor records with respect to any matters covered by this Agreement shall
be made available to the City or its designees at any time during normal business
hours, as reasonably often as the City deems necessary, to audit, examine, and make
excerpts or transcripts of all relevant data.
33 APPLICABLE LAW.
33.1 The laws of the State of Minnesota shall govern all interpretations of this
Agreement, and the appropriate venue and jurisdiction for any litigation which may
arise hereunder will be in those courts located within the County of Washington,
State of Minnesota, regardless of the place of business, residence or incorporation
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of the Contractor.
34 AGREEMENT TERMINATION.
34.1 Either the City or the Contractor may cancel the Agreement if the other party fails
to fulfill its obligations under the Agreement in a proper and timely manner, or
otherwise violates the terms of the Agreement if the default has not been cured after
thirty (30) days written notice has been provided.
34.2 The City shall pay Contractor all compensation earned prior to the date of
termination minus any damages and costs incurred by the City as a result of the
breach. If the Agreement is canceled or terminated, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by the Contractor solely and exclusively for the City under this
Agreement shall, at the option of the City, become the property of the City, and the
Contractor shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the
termination.
35 EMPLOYEE WORKING CONDITIONS AND CONTRACTOR’S SAFETY PROCEDURES.
The Contractor will ensure adequate working conditions and safety procedures are in place
to comply with all applicable local, state and federal laws and regulations. The City reserves
the right to inspect on a random basis all trucks, equipment, facilities, working conditions,
training manuals, records of claims for worker's compensation or safety violations and
standard operating procedures documents.
36 AGREEMENT AMENDMENTS.
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
37 MISSED COLLECTIONS AND CLEANUPS.
37.1 If the Contractor shall fail to make a Collection at any residence, it shall do so by the
end of the next business day after notification is received by Contractor from the
City or resident of the address where the Collection was not made.
37.2 If the Contactor’s operations result in the damage or destruction of an MSW or
Recycling Cart, it shall replace the Cart within one (1) week after notification from
the City or resident of the address where the Cart was damaged. If a Cart is damaged
by the actions of the Residential Dwelling, the Contractor shall replace the cart
within (1) week after notification from the City or resident of the address and bill
the resident for the value of the Cart. Regardless of cause, Contractor shall replace
materially damaged or destructed carts as soon as practical.
37.3 The Contractor shall also respond promptly upon request by the City to clean up
any spills, loose Solid Waste, Solid Wastes blown out or vehicles or leakage of
vehicle fluids that result from Contractor’s operations. The Contractor shall
promptly clean up any of the above if observed by employees or notified of same
during the route.
38 CURBSIDE RULES AND REGULATIONS.
38.1 The City agrees to enact and to continue in effect reasonable regulations obligating
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its citizens to make the MSW and Recycling Carts reasonably accessible to the
Contractor on the day of Collection.
38.2 The City agrees to include in the Solid Waste and Recycling Ordinance of the City to
require at least the following regulations, rules and consumer requirements:
1. That residential Curbside Solid Waste and Recycling Services are mandatory
and collectable only by the Contractor;
2. That the Residential Dwelling shall be responsible for the damage or loss of a
Cart caused by their negligence and shall be liable to the Contractor for this
damage, except that reasonable wear is expected;
3. Under this Agreement, Contractor is not responsible for collection of yard waste,
bulk items or Hazardous Waste;
4. That no Cart be unreasonably compacted by stuffing or otherwise;
5. That a thirty (30) -gallon bag of Solid Waste shall not exceed thirty (30)
pounds;
6. Contractor shall not be obligated to collect Recyclables contained in bags of
any size or material.
7. After Collection by the Contractor, Cart shall be returned by the Contractor to
a point that does not impede the roadway.
39 GUARANTY OF NONDISCRIMINATION.
39.1 Contractor agrees that during the life of the Agreement, the Contractor will not,
within the State of Minnesota, discriminate against any employee or applicant for
employment because of race, color, creed, national origin or ancestry or sex and will
include a similar provision in all subcontracts entered into for the performance
thereof.
39.2 The Agreement may be cancelled or terminated by the City and all money due or to
become due may be forfeited for a second or subsequent violation of the terms or
conditions of this paragraph. This paragraph is inserted in the Agreement to comply
with the provisions of Minnesota Statutes§ 181.59.
40 RENEWAL TERMS.
40.1 Nothing in this Agreement shall be construed to require an extension of this
Agreement. At the expiration date of the Agreement, the Agreement shall continue
on a month-to-month basis, provided Contractor has the right to increase rates per
section 4.2 above if Agreement extends past December 31, 2030, until the City and
Contractor upon mutual agreement extend the Agreement, or either Party provides
written notice of termination in the preceding month, or the City may invite
additional Agreement applications or proposals.
The remainder of this page is intentionally blank.
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IN WITNESS WHEREOF, the Parties have caused this to be executed in form and manner sufficient to bind
them at law as of the Effective Date.
Waste Management of Minnesota, Inc.
Thomas Beaulieu, Area Vice President
City of Scandia
Christine Maefsky, Mayor
Kyle Morell, City Administrator
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APPENDIX “A” ‐ SOLID WASTE & RECYCLING RATES
2024 Monthly Service Fees Per Residential Dwelling, not Including Minnesota Solid Waste Taxes and
the County Environmental Charge
Small/ 35 Gallon Medium/ 64 Gallon Large/ 96 Gallon
MSW Collection $ 13.04 $13.04 $13.04
MSW Disposal $ 5.28 $7.76 $10.45
Bi-Weekly Recycling $9.39 $9.39 $9.39
Total $27.71 $30.19 $32.88
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APPENDIX “B” ‐ RECYCLABLES