9.b) SRC Recycling ContractRESIDENTIAL RECYCLING SERVICES AGREEMENT
THIS RESIDENTIAL RECYCLING SERVICES AGREEMENT is made and entered into
effective the 1 st day of January, 2015 (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 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 the private contractor for the collection, transportation, and disposal of
recyclable materials kept and accumulated by residences and businesses within the City;
and
B. 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 City and its
recycling services; and
C. 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 1. DEFINITIONS
1.1 For purposes of this Agreement, terms not otherwise defined herein shall have the
following meanings:
1.1.1 Collection: The aggregation of recyclables from the place at which they are
generated and includes all activities up to the time the recyclables are delivered to
a recyclables processing facility.
1.1.2 Curbside Recycling Cart: The wheeled, lidded cart in which recyclable
materials can be stored and placed for curbside collection.
1.1.3 Dwelling Unit: A separate dwelling place with a kitchen in buildings with four
(4) or fewer units per structure.
1.1.4 Holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day.
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City of Scandia, Minnesota
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1.1.5 Multiple Residences: Any single structure containing more than four (4)
dwelling units.
1.1.6 Person: Includes any natural person, corporation, firm or association.
1.1.7 Premises: 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.
1.1.8 Processing Facility: Facility designed for centralized sorting, processing, and/or
grading of collected recyclable materials for marketing. The facility will conform
to all applicable rules, regulations and laws of state, local or other jurisdictions.
1.1.9 Recyclables: The current list of household recyclables as established through
guidelines released under the authority of the City's Administrator. The current
list of recyclables, as of the date of Contract execution, includes at a minimum:
• PAPER
► Boxboard including corrugated cardboard (OCC)
/ Magazines and catalogs
/ Mail (window and metal clasps acceptable), office and school
papers
► Newspaper and inserts, Phone books
► Shredded paper in closed paper bag
• CARTONS
/ Milk and broth cartons
► Juice boxes
• METAL
► Food and beverage aluminum/tin/bimetal cans
• GLASS
/ Food and beverage bottles and jars
• PLASTICS
► PET (#1)
- water, soda and juice bottles
- ketchup and salad dressing bottles
► HDPE (#2)
- Milk and juice jugs
- Dish soap bottle and detergent jugs
- Shampoo, soap and lotion bottles
► PP (#5)
- Yogurt, pudding and fruit cups
- Margarine, cottage cheese and other tubs
• USED MOTOR OIL
• TEXTILES
• BATTERIES
• Such other materials as the parties may mutually agree in writing.
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City of Scandia, Minnesota
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1.1.10 Recyclables set -out rate: The number of customers that set out Recyclables on
the particular recycling day divided by the total number of recycling customers;
different than Participation Rate which is the number of persons in particular
households that set out recyclables in a given time period (e.g. Quarterly).
1.1.11 Residuals: Waste materials left after recovery of recyclables and/or the physical,
chemical or biological processing of wastes.
1.1.12 Single Stream Recycling/Single Sort Recycling: The recycling system whereby
residents set out recyclables in one category without further sorting by residents
in which materials are later processed at a processing facility, including sorting
into their individual marketable commodities.
1.1.13 Washington County Standard List of Residential Curbside Recyclables: The
list of recyclables to collected curbside in all city/township recycling programs
within the county to meet basic requirements of the county's Municipal Curbside
Recycling and Waste Reduction funding requirements.
ARTICLE 2. TERM OF AGREEMENT
2.1 This Agreement shall commence on the Effective Date and remain in effect through
December 31, 2018. In addition, the City and Contractor may at the City's sole discretion
renegotiate to extend this Agreement for additional one-year periods.
ARTICLE 3. RESIDENTIAL RECYCLABLES COLLECTION
3.1 The Contractor shall furnish all labor and equipment as shall be necessary and adequate
to insure satisfactory collection, transportation and proper separation and processing 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. All work to be performed hereunder shall be done so as to protect, to the
highest extent possible, the public health and safety. The Contractor shall collect,
transport and arrange or provide processing of all Recyclable materials from all Premises
within the corporate limits of the City, as follows:
3.1.1 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 Facility used to handle material
from the City must have current permits and licenses and make the same
available upon request by the City.
3.1.2 Frequency of collection. Recyclables collection shall occur once every other
week for each Premise. Residents shall place all Recyclables carts curbside no
later than 6:00 AM on collection day.
3.1.3 Hours of Collection. Collection of recyclables shall not start before 6:00 a.m. or
continue after 5:00 p.m. on the same day. Exceptions to collection hours shall be
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City of Scandia, Minnesota
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effected only by permission of the City. The Contractor shall request permission
from the City for any exception first via telephone and then in writing (email to
the City Administrator or designee is acceptable) with an explanation as to the
reason for the exception.
3.1.4 Holidays. When a holiday falls on the day that recycling will normally be
collected, each subsequent collection day will be delayed one day. For example:
if July 4 is on Tuesday, regular collection services will be Friday and Saturday.
3.1.5 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 day when such regularly scheduled day falls on a legal U.S. holiday.
3.1.6 Container. The Contractor shall provide each residence with a clearly
distinguished Recycling Cart equipped with wheels, in a size of 65 or 96 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. Upon the
termination of this Agreement, Contractor shall collect all carts at Contractor's
expense.
3.1.7 Additional Recyclable Materials. After maximizing the use of their recycling
cart, residents who have a large amount of Cardboard or other Recyclables may
bundle this material up and leave it beside the Recycling cart for pickup and the
Contractor shall pick up such additional Recyclable material at its regular
collection time at no additional charge.
3.1.8 Ownership of Recyclables. All recyclables placed for collection by residents
from eligible RDUs shall remain the responsibility and ownership of the
residents until picked up by the Contractor. The City requires that all collected
recyclables must be delivered to the recycling processing facility; there shall be
no scavenging of materials set out by residents.
3.1.9 Missed collections. In the case of alleged missed collections, the Contractor
shall investigate, and, if such allegations are verified, the Contractor shall then
arrange for the collection of the subject materials no later than 4 p.m. the next
business day.
3.1.10 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. The Scandia
City Administrator shall determine if such conditions exist. In such case,
collection shall be made on the next day.
3.1.11 Spills or leaks. Any contents spilled or fluids leaked from the recyclables or the
trucks shall be cleaned up immediately in a workmanlike manner. If the
Contractor fails to clean up any scattered or spilled material or leaked material or
fluids from recycling trucks within three hours after oral or written notice (email
is acceptable) from the City, the City may cause such work to be done and
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City of Scandia, Minnesota
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deduct the reasonable cost thereof from any payments due and owing the
Contractor, in addition to any other remedies provided herein.
3.1.12 Recyclables to be collected: Contractor shall collect at a minimum the
Washington County List of Standard Recyclables in addition to those recyclables
such as textiles for which it has found or developed markets. Contractor shall
update recyclables it collects to remain current with the Washington County List
of Standard Recyclables.
3.1.13 Single Sort Recycling: 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.
3.1.14 Change in Carts. A Premise with a 65 gallon cart may request one (1)
additional 65 gallon cart and Contractor agrees to supply an additional cart at no
charge to the resident or the City. All such cart changes shall be completed in
less than 30 days from the date of request.
3.1.15 Collection of Recyclables at City Buildings. Contractor shall place recycling
containers at all City buildings as determined by the City Administrator and shall
provide recyclables collection at these buildings every other week as part of the
Compensation Paid to Contractor hereunder.
3.1.16 Changes to Collection System. Contractor shall not make changes to the single
stream collection or processing system without written consent of the city.
3.1.17 Education. Contractor shall provide two (2) education /outreach actions per
year, which may include direct-mail pieces, Scandia-specific recycling education
advertising in the City of Scandia Newspaper of Record, literature drops at
residences in the City, having a truck or float in the Taco Daze parade, or other
City -approved options.
3.1.17a. The method of distribution and content of materials shall be approved
by the City in writing prior to distribution. Additional agreed upon education
actions may be implemented, such as targeting new residents or recycling
incentives programs.
3.1.17b. A flier or similar education material shall be given to each new
resident when an account is signed up or when the driver notes a new resident on
the route. The City shall be notified of the address of the new resident on the
subsequent Monthly Report.
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City of Scandia, Minnesota
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ARTICLE 4. COMPENSATION
4.1 Compensation. The City shall pay the Contractor for collection of Recyclables under
this Agreement $2,320.50 per month.
4.2 Billing. The City shall make payment to the Contractor of the Compensation required
hereunder on a monthly basis only if the required recycling reports for the previous
month are received by the City. (e.g. August Monthly Recycling Report received with
September bill)
4.3 Additional Premises. Contractor shall collect Recyclables from additional Premises
located in the City as may be designated in the future by the City (including Premises
constructed after the date of this Agreement) as part of the compensation provided in this
Agreement.
ARTICLE 5. COLLECTION OF RECYCLABLES BY OTHER
CONTRACTORS
5.1 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.
ARTICLE 6. COLLECTION EQUIPMENT AND PERSONNEL
6.1 Provision of Equipment. The Contractor shall provide all equipment necessary for
collection and transportation of collected Recyclables. All trucks shall be designed and
built specifically for Recyclables collection and shall be maintained so the material being
collected and transported will not be seen and will not blow, fall or leak from the vehicle
and fluids will not leak from the trucks.
6.2 Maintenance of Equipment. The Contractor 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.
6.3 Compliance with Truck Road Weight Restrictions. It shall be the Contractor's sole
responsibility to comply with all road weight restrictions. The Contractor shall
immediately inform the City of any notices of exceeding such restrictions. The City
retains the right to inspect and/or weigh the Contractor's trucks at any time. The City
retains the right to modify compliance requirements with such restrictions at its sole
discretion.
6.4 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 shall:
(a) Conduct themselves at all times in a courteous manner and use no abusive or foul
language.
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City of Scandia, Minnesota
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(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.
(d) 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 shall not be replaced in the street, and shall be replaced in an upright
position.
(e) Monitor for any spillage or vehicle leaks and be responsible for cleaning up any
litter, breakage or leaks.
(f) Avoid damage to personal or City property.
(g) 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.
ARTICLE 7. PROCESSING OF RECYCLABLES
7.1 The Contractor shall haul all collected Recyclables to an authorized sorting or
Recyclables Processing Facility or end market for sale or reuse, or to an intermediate
collection center for later delivery to a Recyclables Processing Facility or end market
where such Recyclables shall be separated and weighed. An invoice shall be received by
the Contractor showing the tonnage of Recyclables collected within the City. Such
invoice must be in a form sufficient to qualify the recyclables as having been properly
processed for purposes of the Agreement. Contractor may not transport the Recyclables
to a mixed municipal solid waste disposal facility. The contractor or it subcontractors
shall not landfill, incinerate, compost or make fuel pellets out of the recyclable materials.
All costs of transporting and depositing the Recyclables with the sorting or reprocessing
facility shall be at the sole expense of the Contractor.
ARTICLE 8. RECYCLABLE COLLECTION REPORTS
8.1 Weight Records. Contractor will keep accurate records of the weights and types of Recyclables
collected in the City. Recyclables will be weighed after completion of a route or at the end of the
day, whichever occurs first on a certified scale. All recyclables collected in the City shall be
weighed separately from recyclables collected in other geographic subdivisions. A copy of each
weight ticket for Recyclables collected in the City shall be kept on file and a copy will be
forwarded to the City with the monthly report. Records of facilities that the recyclables are taken
to and the recyclable markets used for recyclables generated in the City and/or amount of City
recyclables stored by those facilities shall be kept by the Contractor for review by the City.
8.2 Confirmation of data. Contractor shall participate with the City in tests such as waste
sorts to confirm the methodology and accuracy of the above data for weights of
recyclables or to identify opportunities to increase recycling.
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 (15th) day of each month. Annual reports
shall be due by March 30 of each year. The Contractor will be encouraged to include in
its annual report recommendations for continuous improvement in the City's recycling
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City of Scandia, Minnesota
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program (e.g., public education, multiple family recycling, etc.). At a minimum, the
Contractor shall include the following information in these reports:
8.3.1 Monthly Reports:
(a) Total quantities of Recyclables collected, (in tons).
(b) Net Quantities of Recyclables marketed, by material type (in tons).
(c) Markets utilized for recyclables that month
(d) Method used to collect and report total quantities of recyclables collected,
which shall be in compliance with the Washington County Hauler
Residential Recycling Hauler Report.
(e) Total actual number of Recycling Pick-ups (stops). "Total actual Recycling
pick-ups" is defined as the combined number of actual Recycling pick-ups
made in the month.
(f) Log of all complaints, including the nature of the complaints, to include the
following:
(i) Names, addresses, and contact numbers of the complainants;
(ii) The date and time received;
(iii) The Contractor's response; and the date and time of the response.
(iv) Log of addresses of premises that did not put out recyclables
containers that month.
8.3.2 Annual Reports:
a) Annual tonnage of recyclables, by collection day
b) Recyclables composition estimates based on an actual annual sort of
recycles collected in the City of Scandia, to which a representative of the
City is invited.
c) Recyclables set -out rates
d) Education materials provided to City of Scandia residents that year
e) Markets for recyclables used that year
f) Market expectations for recyclables for the upcoming year
g) Suggestions for improvements to the City of Scandia Recycling programs
ARTICLE 9. CONTRACTOR INSURANCE; INDEMNIFICATION
9.1 The Contractor shall carry and file policies or certificates with the City for worker's
compensation insurance (statutory level), 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, and the policies shall be in form and substance
acceptable to the City. 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, or any misfeasance or malfeasance of
the Contractor or its employees and agents in connection with its performance under this
Agreement.
9.1.1 The Contractor shall obtain a Performance Bond in the amount of $3,000 payable
to the City for the use of said City. The Performance Bond shall be signed by the
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City of Scandia, Minnesota
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Contractor and with a surety of company as surety. The Performance Bond shall
at all times be kept in full force and effect. The bond shall be filed with the City
Administrator/Clerk or the designee.
9.1.2 The Contractor shall pay all bills or claims for wages, salaries and supplies,
incurred in the operation of the collection service. The Contractor shall obtain a
Payment Bond in the amount of $50,000 payable to the City for use of the City if
claims are made against the City for non-payment by Contractor of bills or claims
associated with performance of this Agreement. The Payment Bond shall be
signed by the Contractor and with a surety of company as surety. The Payment
Bond shall at all times be kept in full force and effect. The bond shall be filed
with the City Administrator/Clerk or the designee.
ARTICLE 10. INDEPENDENT CONTRACTOR
10.1 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.
ARTICLE 11. CONTRACTOR PERFORMANCE
11.1 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 5:00 p.m. Monday through Friday and 8:00 a.m. until 12:00 p.m. on Saturdays. The
Contractor shall have an answering machine or voice mail system activated to receive
phone calls after hours. The address and telephone number of the office shall be given to
the City in writing, with ten (10) days prior notice of a change 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 shall promptly relay any
complaints it receives from its residents regarding Contractor's performance to the
Contractor. The Contractor is responsible for corrective actions. The Contractor shall
answer all complaints courteously and promptly. Contractor shall, within three business
days thereafter, inform the City how it intends to respond to such complaints.
11.2 Failure to Perform. In the event the Contractor fails to collect the Recyclables as required by
this Agreement, the City may, at its option, hire such labor and equipment as may be necessary to
collect and dispose of such Recyclables after the Contractor is given 5 business days to remedy
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the situation. The City may, at the City's option, terminate this Agreement in accordance with
Article Fourteen (14). In the event 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 or the City shall utilize the
Performance Bond for such expenses.
ARTICLE 12. ASSIGNMENT AND SUBCONTRACTING
12.1 The Contractor shall not assign or subcontract this Agreement or any interest therein or
any privilege or right granted therein without the prior 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 13. MISCELLANEOUS
13.1 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/or 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.
G. Failure to collect Washington County List of Standard Recyclables within one
month of notification of a change to the List one hundred dollars ($100) per week of
non -collection.
13.2 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.
13.3 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.
13.4 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
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City of Scandia, Minnesota
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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.
13.5 Force Majeure: Whenever a period of time is provided for in the Contract for either the
City or the Contractor to so or perform any act or obligation, neither party shall be liable
for any delays or inability to perform due to causes beyond the control of said party such
as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire,
flood, storm, earthquake, tornado or any act of God, but not strike or lockout. The time
period for the performance in question shall be extended for only the actual amount of
time said party is so delayed.
ARTICLE 14. TERMINATION
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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City of Scandia, Minnesota
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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
CONTRACTOR:
By: By:
Randall Simonson, Mayor
By:
Kristina Handt, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
Subscribed and sworn to before me by Randall Simonson and, Kristina Handt, respectively, the
Mayor and City Administrator of the City of Scandia, a Minnesota municipal corporation this
Day of 20
Notary Public
STATE OF MINNESOTA
COUNTY OF WASHINGTON
Subscribed and sworn to before me by the of
(Name) (Title)
Minnesota corporation this
(Company)
Notary Public
STATE OF MINNESOTA
COUNTY OF WASHINGTON
Day of 20_
RESIDENTIAL RECYCLING SERVICES AGREEMENT
City of Scandia, Minnesota
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