9.a) SRC Recycling AgreementEXTENSION OF RECYCLING AGREEMENT BETWEEN
CITY OF SCANDIA AND SRC INCORPORATED
The undersigned parties to a certain Residential Recycling Services Agreement
dated May 15, 2012, by and between the City of Scandia and S.R.C. Incorporated, 6320
East Viking Boulevard, Wyoming, MN 55092, hereby agree that said Recycling
Agreement may be and hereby is extended to December 31, 2014 on the same terms and
conditions contained in said Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this %g*
day of -M &A(,1— 2014.
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By: By:%C9 -c %
Randall Simonson, Mayor Cameron Strand, PfiesiZfcnt
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Kristina Handt, Administrator/ Clerk
RESIDENTIAL RECYCLING SERVICES AGREEMENT
THIS RESIDENTIAL RECYCLING SERVICES AGREEMENT is made and entered
into effective the I" day of January, 2012 (the "Effective Date"), by and between the CITY OF
SCANDIA, a Minnesota Municipal Corporation organized and existing under the laws of the
State of Minnesota (the "City") and S.R.C. INC., a Minnesota Corporation ("Contractor").
WITNESSETH:
A. WHEREAS, the City and the County of Washington ("County") parties to a Grant
Agreement for Recycling Services which expired on December 31, 2011 and are negotiating a
grant agreement for calendar year 2012 (the "Grant Agreement") which requires the City to
follow specific recycling practices and submit required reports to the County on a timely basis;
and
B. WHEREAS, the City has found and determined that the public health and safety
of the City will be promoted and preserved by establishing with a private contractor an
arrangement with a private contractor for the collection, transportation, and disposal of
recyclable materials kept and accumulated by residences and businesses within the City; and
C. WHEREAS, the City desires to maintain a curbside recycling program that is
eligible under the Grant Agreement; and
D. WHEREAS, the Contractor has provided the recycling services identified in this
Agreement to the City in the past and is familiar with the requirements of the Grant Agreement;
and
E. WHEREAS, the City has determined the Contractor to be qualified to carry out
the terms of this Agreement upon the terms and conditions and for the consideration hereinafter
provided.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the covenants, promises,
undertakings, and obligations herein created, granted, and assumed, the parties hereto agree as
follows:
ARTICLE ONE
1. For purposes of this Agreement, capitalized terms not otherwise defined herein shall have
the following meanings:
1.1 Aerosol Cans. "Aerosol Cans" includes but is not limited to spray paint,
hairspray, deodorant, etc.
1.2 Aluminum Cans. "Aluminum Cans" includes but is not limited to disposable
containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other
beverages; also includes aluminum foil and trays.
1.3 Collection. "Collection" means the aggregation and transportation of Recyclable
materials from the place at which it is generated and includes all activities up to the time when it
is delivered to a recycling facility.
1.4 Corrugated Cardboard. "Corrugated Cardboard" means cardboard material with
double wall construction and corrugated separation between walls but not plastic, wax or other
coated cardboard.
1.5 Curbside Recycling Bins. "Curbside Recycling Bins" means uniform curbside
recycling bins supplied by the Contractor in which Recyclable can be stored and later placed for
curbside collection, as specified by the City. The recycling containers are the only receptacles
approved for use under this Agreement without further agreement in writing.
1.6 Multiple Residences. "Multiple Residences" shall mean any single structure
containing four (4) or more dwelling units.
1.7 Paper. "Paper" includes the following: newspapers (including inserts);
household office paper and mail; cereal, cake mix, chips and cracker boxboard; egg cartons; old
corrugated cardboard; phone books; pop/beer boxes; tissue boxes, and magazines/catalogs. No
boxboard containers used for food product storage in refrigerators or freezers are included,
except for the tops of pizza boxes.
1.8 Person. "Person" shall mean and include any natural person, corporation, firm or
association.
1.9 Place or Premises. "Place" or "Premises" shall mean any dwelling house,
dwelling unit, Multiple Residence, building, trailer, mobile home, and every other place or
premises where any person resides or a business is operated within the City.
1.10 Plastic. "Plastic" means all plastic narrow necked bottles; and all plastics
excluding plastic resin codes, #5(PP) and #7 (other) including but not limited to plastic beverage
bottles; liquor; juice, milk; soft drinks; certain foods; soap and cosmetics; and motor oil bottles
(drained). Plastic bags, lids, caps, rings and pumps are not included.
1.11 Processing Center. "Processing Center" means a recycling facility in which
Recyclable materials are processed and conforming to all applicable rules, regulations and laws
of state, local or other jurisdiction.
1.12 Recyclable. "Recyclable" or "Recyclable Materials "shall include those materials
required to be collected by the Grant Agreement including but not limited to the following
recyclable materials: Aluminum Cans, excluding Aerosol Cans; steel cans; glass jars and bottles;
Paper recyclables; phone books; Plastic Recyclables, including bottles, motor oil bottles
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(drained) but excluding Plastic bags; household scrap metal; textiles; boxboard; Corrugated
Cardboard; and milk cartons and juice boxes and such other materials as the parties may
mutually agree in writing.
ARTICLE TWO
TERM OF AGREEMENT
2. This Agreement shall commence on the Effective Date and remain in effect through
December 31, 2012. In addition, the City and Contractor may by mutual agreement renegotiate
and extend this Agreement.
ARTICLE THREE
RESIDENTIAL RECYCLABLE COLLECTION
3. The Contractor shall collect, transport and dispose of all Recyclable materials from all
Premises within the corporate limits of the City, as the same are now, and as the same may
hereafter be defined, as follows:
3.1 Frequency. Once every other week for each Premises. Residents shall place all
Recyclable containers curbside no later than 7:00 AM on collection day.
3.2 Routes. The Contractor may divide the City into two (2) sections for collection
purposes and collect from one section one week and from the other section the next week. The
Contractor shall collect Recyclables only on Thursday and Friday provided, however, that the
Contractor may shift collection to the following weekday when such regularly scheduled day
falls on a legal U.S. holiday.
3.3 Additional Recyclable Materials. After maximizing the use of their recycling
cart, residents who have a large amount of Cardboard or other Recyclable Material may bundle
this material up and leave it beside the Recycling container for pickup and the Contractor shall
pick up such additional Recyclable material at its regular collection time
3.4 Container. The Contractor shall provide each residence with a new Recycling
cart equipped with wheels, in a size of 65 gallons for use during the term of this Agreement. The
cost of providing the cart is built into the rate identified in this Agreement. Contractor shall be
responsible for the maintenance of the carts and except in the case of abuse and/or misuse by a
resident, shall replace damaged or broken carts free of charge when necessary. Upon the
termination of this Agreement, Contractor shall collect all carts at Contractor's expense.
3.5 Delays. In no event shall the Contractor be required or suffer penalty for failure
to perform a scheduled pickup when prevented from doing so as the result of an undue
accumulation of snow and/or other catastrophic conditions. In such case, collection shall be
made on the next day, if possible.
3.6 Billing. The City shall make payment to the Contractor of the Compensation
required hereunder on a monthly basis.
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3.7 No Separation. Except for used motor oils, textiles and batteries the Contractor
shall not require separation of Recyclables by type, but shall permit City residents to aggregate
all of their Recyclable Materials into the same container for collection by the Contractor.
3.8 Change in Carts. A Premises may request one (1) additional 65 gallon cart and
Contractor agrees to supply such additional cart at no charge. A Premises may request a cart
larger than 65 gallons and Contractor agrees to supply such larger cart and bill the Premises
directly for the cost of such larger cart. All such cart changes shall be completed in less than 30
days from the date of request, except that Contractor may take up to 45 days from the
commencement of this Agreement to fulfill cart size change requests.
ARTICLE FOUR
COMPENSATION
4.1 Compensation. The City shall pay the Contractor for collection of Recyclables
under this Agreement $2,320.50 per month.
4.2 City Buildings. The Contractor shall also pick up and deliver the current
Recycling carts to the designated City owned buildings as part of the Compensation Paid to
Contractor hereunder.
4.3 Additional Premises. Contractor shall collect Recyclables from additional
Premises located in the City as may be designated in the fixture by the City (including Premises
constructed after the date of this Agreement) as part of the compensation provided in this
Agreement.
ARTICLE FIVE
COLLECTION OF RECYCLABLES BY OTHER CONTRACTORS
5. The City shall not contract with a different contractor for the collection of Recyclables
during the same time period as the Contractor is required to collect Recyclables in the City under
this Agreement, provided however, that the City may so contract in the event of default by
Contractor under this Agreement or in the event the City enters into a contract for such collection
where such collection is to begin after the expiration of the term of this Agreement. Contractor
acknowledges that the City shall not be required to attempt to prohibit the collection of
Recyclables by other persons or companies within the City, nor shall the City be required to pass
an ordinance requiring the City's residents or businesses to exclusively use Contractor for
Recycling services.
ARTICLE SIX
COLLECTION EQUIPMENT
6. The Contractor shall provide all equipment necessary for collection, transportation and
disposal of collected Recyclables. All trucks shall be designed and built specifically for
Recyclable collection and shall be of the covered all -metal type so the material being collected
and transported will not be seen, will not blow, fall or leak from the vehicle. The Contractor
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shall maintain equipment, used in the performance of this Agreement in a clean and sanitary
condition and shall at all times operate such equipment in compliance with State law and City
ordinances.
ARTICLE SEVEN
PROCESSING OF RECYCLABLES
7. The Contractor shall haul all collected Recyclables to an authorized sorting or Processing
Center where such Recyclables shall be separated and weighed and an invoice received by the
Contractor showing the tonnage of Recyclables collected within the City by type. Such invoice
must be in a form sufficient to qualify the recyclables as having been properly disposed of for
purposes of the Grant Agreement. Contractor may not transport the Recyclables to a landfill,
incinerator or otherwise dispose of in the same manner as garbage. All costs of transporting and
depositing the Recyclables with the sorting or reprocessing facility shall be at the expense of the
Contractor.
ARTICLE EIGHT
RECYCLABLE COLLECTION OPERATION
8.1 Labor and Equipment. The Contractor shall furnish all labor and equipment as
shall be necessary and adequate to insure satisfactory collection, transportation and proper
separation and disposition of the Recyclables. The Contractor shall make every effort to
maintain established scheduled pick-ups even though conditions such as weather may be
adverse. Containers shall be handled with reasonable care to avoid damage and are to be
replaced in an upright position. Any contents spilled shall be cleaned up immediately in a
workmanlike manner and all work to be performed hereunder shall be done so as to protect, to
the highest extent possible, the public health and safety.
8.2 Weight Records. Contractor will keep accurate records of the weights and types
of Recyclables collected in the City. The weights of Recyclables collected in the City will be
determined by applying the percentage of total volume of Recyclables collected in the City in
relation to all Recyclables collected by the Contractor to the total weight of separated
Recyclables sold by Contractor. By way of example, if the volume of Recyclables collected by
Contractor in the City is 20% of the total volume collected by Contractor and the total weight of
separated Recyclables sold by Contractor is 1,000 pounds, the weight of separated Recyclables
collected in the City will be 200 pounds (20% x 1,000 pounds). Separated Recyclables will be
weighed after completion of a route or at the end of the day, whichever occurs first. A copy of
each weight ticket for separated Recyclables shall be kept on file and made available for
inspection upon request by the City.
8.3 Reports. The Contractor will submit to the City monthly and annual reports.
Monthly reports shall be due to the City by the fifteenth (156) day of each month. Annual
reports shall be due by April 30 of each year. The Contractor will be encouraged to include in its
annual report recommendations for continuous improvement in the City's recycling program
(e.g., public education, multiple family recycling, etc.). At a minimum, the Contractor shall
include the following information in these reports:
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a. Total quantities of Recyclable Materials collected, by material type (in
tons).
b. Net Quantities of Recyclable Materials marketed, by material type (in
tons).
C. Quantities stored, by type of Recyclable Material, with any notes as to
unusual conditions (in tons).
d. Log of all complaints, including the nature of the complaints, to include
the following: names, addresses, and contact numbers of the
complainants; the date and time received; the Contractor's response; and
the date and time of the response.
8.4 Personnel. Contractor shall retain sufficient personnel and equipment to fulfill the
requirements and specifications of this Agreement. Contractor's personnel shall be trained both
in program operations and in customer service, and Contractor shall insure that all personnel
maintain a positive attitude with the public and in the work place, and shall:
a. Conduct themselves at all times in a courteous manner and use no abusive or
foul language.
b. Make a concerted effort to have at all times a presentable appearance and
attitude.
c. Wear a uniform and employee identification badge or name tag.
d. Drive in a safe and considerate manner.
e. Manage curbside recycling bins and multiple family containers in a careful
manner so as to avoid spillage and littering, or damage to the bin or container.
Containers should not be thrown once emptied.
f. Monitor for any spillage and be responsible for cleaning up any litter or
breakage.
g. Avoid damage to property.
h. Not perform their duties or operate vehicles while consuming alcohol or
illegally using controlled substances or while under the influence of alcohol
and/or such substances.
8.5 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. Any Processing Center used to handle material from the City must have current
permits and licenses and make the same available upon request by the City.
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ARTICLE NINE
CONTRACTOR INSURANCE; INDEMNIFICATION
9. The Contractor shall carry and file policies or certificates with the City for worker's
compensation insurance, public liability insurance (including for automobiles and trucks), and
property damage insurance. The City shall be named as an additional insured in all such
policies. All liability policies shall provide coverage in an amount at least equal to $1,000,000
per person and $2,000,000 per occurrence. In the event the maximum municipal tort liability
limits as set out in Minn. Stat. 466.04 increase above the amounts currently in place, Contractor
shall increase its liability insurance coverage to equal or exceed such maximum amounts. The
Contractor shall defend, indemnify and save harmless the City from any and all claims and
causes of action which may be asserted against the City on account of any act or omission of the
Contractor or its employees and agents in connection with its performance under this
Agreement. The Contractor shall pay all bills or claims for wages, salaries and supplies,
incurred in the operation of the collection service.
ARTICLE TEN
CONTRACTOR PERFORMANCE
10.1 Complaints. The Contractor shall provide staffing of a telephone equipped office
to receive missed collection complaints and other complaints between the hours of 7:00 a.m.
until 4:30 p.m. on all days of collection as specified in this Agreement. The Contractor shall
have an answering machine or voice mail system activated to receive phone calls after hours.
The address and telephone number of such office shall be given to the City in writing, with ten
(10) days prior notice of changed therein. The Contractor shall also allow complaints to be made
electronically. Each month the Contractor shall provide the City with a list of all customer
complaints, the nature of these complaints and a description of how each complaint was
resolved. The names of the complainants and contact numbers or e-mail addresses must also be
included. Complaints on service will be taken and collected by the City and the Contractor. The
City will notify the Contractor of all complaints it receives. The Contractor is responsible for
corrective actions. The Contractor shall answer all complaints courteously and promptly.
10.2 Failure to Perform. In the event the Contractor fails to collect the Recyclables as
required by this Agreement such that the uncollected Recyclables pose a health hazard or a
nuisance to the general public, the City may, at its option, hire such labor and equipment as may
be necessary to collect and dispose of such Recyclables and may, at the City's option, terminate
this Agreement after the Contractor is given 5 business days to remedy the situation. In such
event where remedy does not occur, the Contractor shall reimburse the City for all reasonable
collection expenses the City incurs above and beyond the amounts the City is obligated to pay
for such collection under this Agreement. The City shall promptly relay any complaints it
receives from its residents regarding Contractor's performance to the Contractor, and Contractor
shall, within three business days thereafter, inform the City how it intends to respond to such
complaints.
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ARTICLE ELEVEN
ASSIGNMENT AND SUBCONTRACTING
11. The Contractor shall not assign or subcontract this Agreement or any interest therein or
any privilege or right granted therein without the written consent of the City. Consent to one
assignment or subcontract shall not be deemed to be consent to any subsequent assignment or
subcontract.
ARTICLE TWELVE
MISCELLANEOUS
12.1 Liquidated Damages. The Contractor agrees, in addition to any other remedies
available to the City, that the City may withhold payment from the Contractor in the amounts
specified below as liquidated damages for failure of the Contractor fulfilling its obligations:
a. Failure to respond to legitimate service complaints within 24 hours in a
reasonable and professional manner — fifty dollars ($50) per incident.
b. Failure to collect properly notified missed collections — two hundred and fifty
dollars ($250) per incident.
c. Failure to provide monthly and annual reports — one hundred dollars ($100)
per incident.
d. Failure to complete the collections within the specified timeframes without
proper notice to the City — one hundred dollars ($100) per incident.
e. Failure to clean up spills during collection operations — two hundred fifty
dollars ($250) per incident.
f. Failure to report on changes in location of Recyclable Processing operations —
two hundred fifty dollars ($250) per incident.
12.2 Waiver. The waiver by the City of any breach or violation of any term covenant,
or condition of this Contract shall not be a waiver of any subsequent breach or violation of the
same or any other term, covenant or condition hereof.
12.3 Binding Effect. The terms, covenants, and conditions of this contract shall apply
to, and shall bind and inure to the benefit of the parties, their successors, and assigns.
12.4 Independent Contractor. 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.
12.5 Data Practices. The Contractor agrees to comply with the Minnesota Government
Data Practices Act and all other applicable state and federal laws relating to data privacy or
confidentiality. The Contractor must immediately report to the City any requests for third parties
for information relating to this Agreement. The City agrees to promptly respond inquiries from
the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and
employees harmless from any claims resulting from the Contractor's unlawful disclosure or use
of data protected under state and federal laws.
ARTICLE THIRTEEN
TERMINATION
13. The City may terminate this Agreement if the Contractor 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. 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
cancelled or terminated, all finished or unfinished documents, data, studies, surveys, maps,
models, photographs, reports or other materials prepared by the Contractor 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.
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IN WITNESS WHEREOF, the parties have hereunto executed this Agreement, by their
officers, as of the day and year first above written.
CITY OF SCANDIA
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BY:
Ran�dyall Simonson, Mayor
By:
Anne Hurlburt, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
CONTRACTOR:
S.R.C. INC.
BY
Cameron E. Strand. President
Subscribed and sworn to before me by Randall Simonson and Anne Hurlburt, respectively the
Mayor and City Administrator of the City of Scandia, a Minnesota municipal corporation this
/ ��—day of- 1; 2012 on behalf of the City.
BRENDA EKLUND
NOTARY PUBLIC •IANNE$OTA Notary Public
M' Gammie W Eom Jan. 31, 2016
STATE OF MINNESOTA )
)ss.
COUNTY OF CHISAGO )
Subscribed and sworn to before me by Cameron E. Strand, the President of S.R.C. INC., a
Minnesota corporation this H "' day of April, 2012 on behalf of the Contractor.
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Notary Public
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