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E. 1 Stillwater Hauler Contract 2016 MUNICIPAL SOLID WASTE AND RECYCLING SERVICE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASTE MANAGEMENT OF MINNESOTA, INC. July 1, 2016 – June 30,2021 Page 1 of 22 TABLE OF CONTENTS 1 TERM OF THE AGREEMENT. ................................................................................................................... 3 2 SCOPE OF THE AGREEMENT. .................................................................................................................. 3 3 DEFINITIONS. ............................................................................................................................................... 3 4 BILLING. ......................................................................................................................................................... 5 5 DISPOSITION OF MATERIALS. ................................................................................................................ 7 6 COLLECTION LOCATION, SCHEDULE AND DAILY SERVICE HOURS. .......................................... 8 7 QUANTITY LIMITS. ..................................................................................................................................... 8 8 VOLUME BASED MSW SYSTEM. ............................................................................................................. 9 9 MSW TIPPING FEES/HAULER REBATE............................................................................................. 10 10 RECYCLING AND YARD WASTE. .......................................................................................................... 10 11 DATA RETENTION AND REPORTING. ............................................................................................... 11 12 COOPERATION. ......................................................................................................................................... 11 13 COMPLAINTS. ............................................................................................................................................ 11 14 DISPUTE RESOLUTION. ......................................................................................................................... 12 15 MUNICIPAL FACILITIES COLLECTION REQUIREMENTS. ............................................................ 12 16 EQUIPMENT. .............................................................................................................................................. 12 17 PERSONNEL REQUIREMENTS. ............................................................................................................. 13 18 LICENSES AND PERMITS. ...................................................................................................................... 14 19 OPTIONAL YARD WASTE CART RENTAL. ........................................................................................ 14 20 SCHEDULES. ............................................................................................................................................... 14 21 CHANGE IN COLLECTION SCHEDULE. ............................................................................................... 14 22 INSURANCE REQUIREMENTS ............................................................................................................... 15 23 TRANSFER OF INTEREST. ..................................................................................................................... 16 24 NON‐ASSIGNMENT AND BANKRUPTCY. ........................................................................................... 16 Page 2 of 23 25 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES. ...................................................... 16 26 PERFORMANCE BOND, PAYMENT BOND. ........................................................................................ 16 27 GENERAL COMPLIANCE. ........................................................................................................................ 16 28 HOLD HARMLESS. .................................................................................................................................... 17 29 ACCOUNTING STANDARDS. .................................................................................................................. 17 30 RETENTION OF RECORDS. .................................................................................................................... 17 31 DATA PRACTICES. ................................................................................................................................... 17 32 INSPECTION OF RECORDS. ................................................................................................................... 18 33 APPLICABLE LAW. ................................................................................................................................... 18 34 AGREEMENT TERMINATION. .............................................................................................................. 18 35 EMPLOYEE WORKING CONDITIONS AND CONTRACTOR’S SAFETY PROCEDURES. .......... 18 36 AGREEMENT AMENDMENTS. ............................................................................................................... 18 37 MISSED COLLECTIONS AND CLEANUPS. .......................................................................................... 18 38 CURBSIDE RULES AND REGULATIONS. ............................................................................................ 19 39 GUARANTY OF NONDISCRIMINATION. ............................................................................................ 19 40 RENEWAL TERMS. ................................................................................................................................... 19 APPENDIX “A” ‐ SOLID WASTE & RECYCLING RATES .......................................................................... 21 APPENDIX “B” ‐DUMPSTER RATE – MULTI‐FAMILY (MORE THAN 4 UNITS) .............................. 22 APPENDIX “C” ‐ RECYCLABLES ..................................................................................................................... 23 Page 3 of 23 AGREEMENT THIS AGREEMENT, made this __________ day of _______________________, _________, by and between Waste Management of Minnesota, Inc., “Contractor,” and the City of Stillwater, a municipal corporation of the County of Washington, State of Minnesota, “City;” 1 TERM OF THE AGREEMENT. The term of this Agreement shall be July 1, 2016 through June 30,2020. 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), Recyclables and Yard Wastes from all residential dwellings in the City. 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 Stillwater 2030 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, Recyclables or Yard Waste equipped with wheels and a lid in the following standardized sizes (approximate capacities): 32‐gallon (Small), 64‐gallon (Medium), 96‐gallon (Large) further referred to as “Small”, “Medium”, or “Large.” Page 4 of 23 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 thy 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, and other solid waste 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 and filters, and other materials collected, processed, and disposed of as separate waste streams. Also referred to in this Agreement as “garbage”. 3.15 “Non targeted materials.” Materials that are not designated by the City as Recyclable. 3.16 “Normal Household Waste.” Mixed Municipal Solid Waste typically generated by Residential households. Page 5 of 23 3.17 “Processing.” The sorting, volume reduction, baling, containment or other preparation of Recyclables delivered to a facility for transportation or marketing purposes 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 attachment A for the acceptable and unacceptable materials list. 3.20 “Residential” shall include dwellings zoned as single family, multi‐family, apartments, including apartment dwellings in the central business district, condominium and townhouse buildings, Bed and Breakfast operations and businesses operating out of a residence. Single‐family residences shall constitute one unit. Each unit of a multiple dwellings will constitute one unit. 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.” Units where not more than two people reside within a household and that the head of household is 62 years of age or older or is retired by reason of permanent disability, regardless of age. 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.” Any aggregate mention of the wastes for which Collection services are provided in this Agreement, including MSW, Recyclables, Bulk Waste, Yard Waste, etc.; the general term for the Wastes addressed by this Agreement. 3.25 “Source Separated Organic Materials (SSOM).” Includes food waste and other compostable organic materials that are source separated for recovery. Also referred to as “Food waste/Organics” and “Source Separated Organics.” 3.26 “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 units serviced under this Agreement, which shall include apartment dwellings, including apartment dwellings in the Central Business District, condominium and townhouse buildings, Bed and Breakfast operations and businesses operating out of a residence. Contractor shall immediately report to the City all premises that Page 6 of 23 discontinue solid waste services. The Contractor shall be compensated for the billing responsibility per unit as established by resolution of the City Council. 4.2 Residential Solid Waste & Recycle Material Collection (Fees). The Contractor’s service fees for residential and multi‐family complexes using Carts for solid waste and recycle material collection shall be determined in accordance with the fee schedule attached hereto as Appendix “A”. This schedule will be in effect during the period of July 1, 2016 until June 30,2017. The fees will be adjusted by 2.5% for the period of July 1, 2017 until June 30,2018, by 2.5% for the period of July 1, 2018 until June 30,2019, and by 2.5% for the period of July 1, 2019 until June 30,2020, and by 2.5% for the period of July 1, 2020 until June 30,2021. In the event the Contractor should incur any actual increases in government taxes/fees, the City agrees to negotiate with the Contractor to rectify the inadequacies. Both parties must agree upon these adjustments. Multi‐family residences of three (3) or more units, Bed and Breakfasts, and businesses operated out of a residence shall be entitled to choose the MSW Cart size at the normal rate, or in lieu of Carts, a dumpster of similar capacity. If a dumpster is provided in lieu of a Cart, refer to Section 8.2 for more information. 4.3 Certification of Unpaid Bills. City will certify to Washington County, on an annual basis, all delinquent Municipal Solid Waste and Recycling charges. These amounts will be payable with the owners 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 Account Holders/Property Owners of the properties 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 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 Notices/letters sent to Account Holders/Property Owners to the City no later than September 30th in electronic form (i.e. flash drive or CD) for the City’s records.  Contractor will not accept any further delinquent payments from customers after November 15th.  Create Certification list with verified Property ID numbers formatted as ##.###.##.##.#### (County Requirement) and Amounts for Certification by the 3rd Friday of November. Page 7 of 23  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 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 abatement, as defined under Section 3, Definitions, will be deducted from the Final City Payment to Waste Management 4.5 Previous Years Certification Refunds. Should there be any refunds for previous year abatement, the Contractor will be responsible for refunding the full amount of the special assessment to the property (Principal & 10% interest), but no other fees will apply for city research and time. 4.6 Payment of Certification Funds. City will reimburse the hauler when it receives payment from the County, in the following year from certification according to the following schedule:  1st Payment – 40% of certification amount, as adjusted, paid 45 days after receipt of 1st half of tax settlement.  2nd Payment ‐ 40% of certification amount, as adjusted, paid 45 days after receipt of 2nd half of tax settlement.  Final Payment – 20% of certification amount, as adjusted, paid 45 days after receipt of final tax settlement. 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. The Contractor shall, upon the request of the City, inform the City in writing of the place and method of disposal and of any changes in the place or method. 5.3 Contractor shall dispose of Yard Wastes at a properly permitted and/or licensed compost site. The Contractor shall, upon the request of the City, inform the City in Page 8 of 23 writing of the place and method of disposal and of any changes in the place or method. 5.4 Contractor will comply with Minnesota Statutes 115A.46 and 115A.47 by delivering all waste generated by municipal activities and all waste generated through 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 units in the City one time per each week during the term of this Agreement. All MSW from each dwelling, including yard waste, bulk waste, and other material 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 and other materials are 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. 6.4 After the Contractor has picked up the MSW and Recycling from a residence, the Contractor shall return all carts to a point that does not impede the roadway. 6.5 The Contractor shall make arrangements with aged or physically impaired residents to accommodate collection and return of their MSW and Recycling Carts, instead of requiring them to make their Carts available at Curbside for pickup. 7 QUANTITY LIMITS. 7.1 The fee for collection of Normal Household Waste shall be as provided in the Rate Schedule as adopted and amended by resolution of the City Council. 7.2 Contractor shall provide curbside pick‐up for Appliances, Consumer Electronics and Bulk items. Each residential unit shall be limited to the following per calendar year:  Three (3) appliances  Four (4) Consumer Electronic items  Two (2) bulk items 7.3 Residents who set out additional appliances, bulk items, and consumer electronics will be charged $15.00 per item by Contractor. However the Contractor will work with the City should there be situations where a resident exceeds the number as long as the number is not exceeded continuously every year or when a disaster such as flooding occurs. City and Contractor will determine these on a case by case basis. 7.4 The Contractor shall not be obligated to collect tires, rocks, sod, cement, dirt, stumps or logs in excess of five inches 3” in diameter. Page 9 of 23 8 VOLUME BASED MSW SYSTEM. Volume/Weight‐based MSW fees must be offered to each residence, in compliance with MN Stat. 115A.93 sub. 3. 8.1 The Contractor shall furnish and deliver Carts for MSW in small, medium, and large sizes to residents. Residents shall be allowed to choose the number and size of the Cart(s) for their residence and will be billed according to the Rate Schedule as established by resolution of the City Council. 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. 8.2 The purpose of this section is to ensure that all dumpster accounts are equally charged by size and number of service days. Multi‐family residences of three (3) or more units, Bed and Breakfasts, and businesses operated out of a residence shall be entitled to choose the MSW Cart size at the normal rate, or in lieu of Carts, a dumpster of similar capacity. If a dumpster is provided in lieu of a Cart, the rate charged for the dumpster shall be at the rate shown in “Appendix B” as adopted and amended by the City Council. Multi‐family complexes currently using dumpsters rather than carts will be charged by size and number of service days (See Appendix “B”) . Multi‐family complexes that are at the current dumpster pricing will receive a 2.5% from the period of July 1, 2016 until June 30,2017. The fees will be adjusted by 2.5% for the period of July 1, 2017 until June 30,2018, by 2.5% for the period of July 1, 2018 until June 30,2019, and by 2.5% for the period of July 1, 2019 until June 30, 2020, and by 2.5% for the period of July 1, 2020 until June 30,2021. Multi‐family complexes that are not at the current dumpster pricing may receive a 4% increase for those complexes that have under paid depending on dumpster size and number of service days for 2016 rates. The fees will be adjusted by half the cost to get to current rates for the period of July 1, 2017 until June 30,2018; for the period of July 1, 2018 until June 30,2019 will increase by 2.5% and the final half of the cost to continue to become equal to current rates; for the period of July 1, 2019 until June 30, 2020 the rate increase is 2.5%, and for the period of July 1, 2020 until June 30,2021 the rate increase is 2.5%. Bulk Rates for multi‐family residents of three (3) or more units, Bed and Breakfasts, and businesses operated out of a residences shall be $15.00 per item. The Contractor will notify the multi‐family complexes affected by the changes in this section before the change in rates are implemented. 8.3 Except that for multi‐dwelling units containing 50 or more units which are rented exclusively to persons whose head of household is 62 years of age or older, the rate shall be as per unit as listed under “Senior Accounts” in the Rate Schedule as adopted and amended by the City Council. 8.4 In the event a resident desires collection of waste in excess of the Cart size it has selected, the Contractor shall pick up the excess waste and bill the resident directly Page 10 of 23 on the resident’s quarterly invoice in the amount of $1.50 for each additional 30‐ gallon bag or equivalent of excess household waste. 8.5 The Contractor shall not be obligated to change Cart size at intervals of less than two (2) billing quarters and upon less than thirty (30) days’ notice. 8.6 The rate for collection per month shall be as stated on the Rate Schedule as, “Adopted and amended by resolution of the City Council.” 8.7 Residents who will be continuously absent from the City for more than 90 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 90 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 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 12‐month period is allowed. 9.2 The tipping fee at the R&E Board Facility in 2016 and 2017 is $70.00 per ton and the Hauler Rebate is $12.00 per ton. The net disposal cost is $58.00 per ton. Any increases or decreases in 2018, 2019, 2020 in disposal cost will be negotiated between the City and Contractor. 10 RECYCLING AND YARD WASTE. 10.1 The pickup of Recyclables and Yard Waste shall be unlimited in quantity. 10.2 Residential Units. 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 Multi‐family residences. Three (3) or more units, Bed and Breakfasts, and businesses operated out of a residence shall be entitled to choose the Recycling Cart size of their choice. Carts will remain property of the Contractor. 10.4 Washington County and the Contractor shall jointly approve the list of Recyclables collected by Contractor. The list must remain current with the Washington County List of Standard Recyclables; Contractor may add Recyclables for which it has stable markets. 10.5 Single‐sort Recycling shall be picked up every other week on the same collection day of the week as a resident’s MSW and Yard Waste. 10.6 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. Page 11 of 23 10.7 Contractor agrees to replace worn or unreadable Recycling stickers on Carts as part of the continued education of residents on Recycling 10.8 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 Stillwater 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 and map of curbside Recycling districts for “single family dwellings”  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 and multi‐family Recycling instructions  How to prepare materials 10.9 The Contractor shall provide a link to a website unique to the City of Stillwater, which shall contain, at minimum, 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 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 as a result of 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 COMPLAINTS. 13.1 The Contractor shall establish and maintain an office for accepting complaints and resident calls. The office shall be in service during the hours between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Holidays. The address and telephone number of the office and any subsequent changes shall be given to the City in writing. 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. Page 12 of 23 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 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 Court. This contract shall be construed in accordance with the laws of the State of Minnesota. 15 MUNICIPAL FACILITIES COLLECTION REQUIREMENTS. 15.1 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:  City Hall, 216 4th Street N  City Parks  Public Works Building, 3225 Boutwell Road including: o Two (2) 30 yard demolition roll‐offs two (2) times a year when requested by the Public Work Superintendent  St. Croix Recreation Center, 1675 Market Drive  Lily Lake Arena, 1208 Greeley Street S  Stillwater Public Library, 224 3rd Street N  Police Department, 216 4th Street N  Fire Station, 250 Maryknoll Drive  Annual Lumberjack Days and 4th of July Special Events. 15.2 In the event of a natural disaster within the City, the Contractor shall make dumpsters available as necessary for the cleanup at a price to be negotiated at the time the service is rendered. 16 EQUIPMENT. 16.1 Vehicles used for the Collection of Recyclables shall be clearly signed on both sides as a Recycling Collection vehicle. In addition, all Collection Vehicles used in performance of the Agreement shall:  Be marked with the name and telephone number 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; Page 13 of 23  Be duly licensed and inspected by the State of Minnesota;  Have a two (2) way communication device;  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. 17 PERSONNEL REQUIREMENTS. 17.1 Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. 17.2 Background Checks. All of the Contractor’s employees shall be subject to security screening and background checks before they can work within the City. 17.3 The Contractor understands that if any of the Contractor’s employees 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 and legal status to the City on request throughout the term of the Agreement. 17.4 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 insure that all personnel maintain a positive attitude with the public and in the work place, and shall:  Conduct themselves at all times in a 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 family 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 and be responsible for cleaning up any litter or breakage.  Avoid damage to property.  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. Page 14 of 23 18 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 as required by the appropriate city, county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. 19 OPTIONAL YARD WASTE CART RENTAL. 19.1 Contractor will offer an option for Yard Waste Cart use. For a one‐time use‐fee of $48.00, Waste Management will provide a 90 gallon (approximate size) Cart for residents to place Yard Waste in. The Cart may be utilized year after year, during the period of this Agreement. The fee will be an additional cost to the resident. The carts will remain the property of the Contractor. 19.2 The optional Yard Waste Cart eliminates the need for residents to purchase the compostable bags now required by Minnesota State Statute as materials can be placed loose into the Cart. Any Yard Waste outside of the Cart must still be in compostable bags or bundled and tied. The carts will remain the property of the Contractor. 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 within one (1) hour 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 effected 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. Page 15 of 23 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 by approximately December 15 of each year. 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 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 as follows:  $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 as follows: Page 16 of 23  $1,000,000 – 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 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 the City, 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, PAYMENT BOND. 26.1. 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. 26.2 This Agreement specifies requirements for a payment bond in the case of the Contractor’s failure to properly pay for goods and equipment, including vehicles, used in performance of the Agreement. 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 Page 17 of 23 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. 28 HOLD HARMLESS. 28.1 The Contractor agrees to defend, indemnify and hold harmless the City, its 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, any resulting environmental liability that is a result of this Agreement or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under 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. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 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 and all other applicable state and federal laws relating to data privacy or confidentiality. 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. 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. 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. C. 13. Page 18 of 23 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 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 of the Contractor. 34 AGREEMENT TERMINATION. 34.1 The City may cancel the 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. 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 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 within twenty‐four (24) hours after notification 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) business day after notification from the City or resident of the address where the Cart was damaged. Page 19 of 23 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 its 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 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 Solid Waste services are mandatory and collectable only by the authorized Contractor; 2. That the consumer 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. That no mixing of MSW, yard waste, or hazardous waste is permitted; 4. That no Cart be unreasonably compacted by stuffing or otherwise; 5. That a 30‐gallon bag of waste not exceed 30 pounds, and a bag of yard waste not exceed 40 pounds; 6. 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, Subd. 181.59. 40 RENEWAL TERMS. 40.1 Nothing in this Agreement shall be construed to require an extension of this Agreement. Upon expiration of the Agreement, the City and Contractor, shall upon mutual agreement extend the Agreement; or the City may invite additional Agreement applications or proposals or terminate the Agreement without further action. Page 20 of 23 Waste Management of Minnesota, Inc. _____________________________________________ Thomas Beaulieu, Area Vice President City of Stillwater Ted Kozlowski, Mayor Diane F. Ward, City Clerk Page 21 of 23 APPENDIX “A” ‐ SOLID WASTE & RECYCLING RATES July 1, 2016 –June 31, 2017 Type of Service Senior Small Container Small Container Medium Container Large Container Collection/Disposal $5.88 $9.38 $11.90 $15.36 Yard Waste $1.78 $2.59 $2.59 $2.59 Recycling $3.01 $3.04 $3.04 $3.04 Appliances $0.50 $0.50 $0.50 $0.50 Billing $0.23 $0.23 $0.23 $0.23 Total $11.40 $15.74 $18.26 $21.72 July 1, 2017 –June 31, 2018 Type of Service Senior Small Container Small Container Medium Container Large Container Collection/Disposal $6.03 $9.61 $12.20 $15.74 Yard Waste $1.82 $2.65 $2.65 $2.59 Recycling $3.09 $3.12 $3.12 $3.12 Appliances $0.51 $0.51 $0.51 $0.51 Billing $0.24 $0.24 $0.24 $0.24 Total $11.69 $16.13 $18.72 $22.20 July 1, 2018 –June 31, 2019 Type of Service Senior Small Container Small Container Medium Container Large Container Collection/Disposal $6.18 $9.85 $12.51 $16.13 Yard Waste $1.87 $2.72 $2.72 $2.72 Recycling $3.17 $3.20 $3.20 $3.20 Appliances $0.52 $0.52 $0.52 $0.52 Billing $0.25 $0.25 $0.25 $0.25 Total $11.99 $16.54 $19.20 $22.82 July 1, 2019 –June 31, 2020 Type of Service Senior Small Container Small Container Medium Container Large Container Collection/Disposal $6.33 $10.10 $12.82 $16.53 Yard Waste $1.92 $2.79 $2.79 $2.79 Recycling $3.25 $3.28 $3.28 $3.28 Appliances $0.53 $0.53 $0.53 $0.53 Billing $0.26 $0.26 $0.26 $0.26 Total $12.29 $16.96 $19.68 $23.39 July 1, 2020 –June 31, 2021 Type of Service Senior Small Container Small Container Medium Container Large Container Collection/Disposal $6.49 $10.35 $13.14 $16.94 Yard Waste $1.97 $2.86 $2.86 $2.86 Recycling $3.33 $3.36 $3.36 $3.36 Appliances $0.54 $0.54 $0.54 $0.54 Billing $0.27 $0.27 $0.27 $0.27 Total $12.60 $17.38 $20.17 $23.97 Page 22 of 23 APPENDIX “B” ‐DUMPSTER RATE – MULTI‐FAMILY (MORE THAN 3 UNITS) Price Sheet Trash Service Levels Service Frequency OPM EOW 1 2 3 4 5 6 7 2 YARD FEL $21.63 $43.01 $82.75 $162.23 $241.71 $321.18 $400.66 $480.14 $559.62 Additional‐Cont‐ 2 YARD FEL $17.33 $33.71 $64.15 $125.02 $185.89 $246.77 $307.65 $368.52 $429.39 3 YARD FEL $25.98 $51.80 $99.78 $195.74 $291.71 $387.67 $483.63 $579.59 $675.56 Additional‐Cont‐ 3 YARD FEL $21.68 $42.50 $81.18 $158.54 $235.89 $313.25 $390.61 $467.98 $545.33 4 YARD FEL $30.14 $60.39 $116.62 $229.06 $341.51 $453.96 $566.41 $678.85 $791.30 Additional‐Cont‐ 4 YARD FEL $25.84 $51.10 $98.01 $191.86 $285.70 $379.55 $473.39 $567.24 $661.08 6 YARD FEL $39.30 $78.43 $151.13 $296.55 $441.97 $587.38 $732.80 $878.22 $1,023.63 Additional‐Cont‐ 6 YARD FEL $35.01 $69.12 $132.54 $259.35 $386.16 $512.98 $639.79 $766.60 $893.42 8 YARD FEL $47.76 $95.76 $184.95 $363.34 $541.72 $720.11 $898.49 $1,076.88 $1,255.27 Additional‐Cont‐ 8 YARD FEL $43.47 $86.45 $166.35 $326.13 $485.91 $645.69 $805.48 $965.26 $1,125.04 Price Sheet Trash Service Levels Service Frequency OPM EOW 1 2 3 4 5 6 7 2 YARD FEL RECYCLING $15.94 $30.28 $56.92 $110.21 $163.50 $216.78 $270.07 $323.36 $376.64 Additional‐Cont‐ 2 YARD FEL RECYCLING $11.43 $20.51 $37.39 $71.14 $104.89 $138.65 $172.40 $206.15 $239.91 3 YARD FEL RECYCLING $16.68 $31.62 $59.37 $114.89 $170.40 $225.91 $281.42 $336.94 $392.45 Additional‐Cont‐ 3 YARD FEL RECYCLING $12.17 $21.84 $39.84 $75.81 $111.80 $147.78 $183.76 $219.73 $255.72 4 YARD FEL RECYCLING $18.66 $34.20 $63.07 $120.81 $178.55 $236.29 $294.03 $351.76 $409.50 Additional‐Cont‐ 4 YARD FEL RECYCLING $14.16 $24.43 $43.53 $81.74 $119.94 $158.15 $196.35 $234.57 $272.77 6 YARD FEL RECYCLING $21.08 $37.81 $68.91 $131.10 $193.29 $255.48 $317.68 $379.87 $442.06 Additional‐Cont‐ 6 YARD FEL RECYCLING $16.57 $28.05 $49.37 $92.03 $134.69 $177.35 $220.00 $262.67 $305.33 8 YARD FEL RECYCLING $22.85 $40.78 $74.10 $140.75 $207.39 $274.04 $340.68 $407.33 $473.97 Additional‐Cont‐ 8 YARD FEL RECYCLING $18.34 $31.02 $54.57 $101.68 $148.80 $195.90 $243.02 $290.13 $337.24 Page 23 of 23 APPENDIX “C” ‐ RECYCLABLES RECYCLABLES: Recyclable Materials or Recyclables: The current list of recyclables includes:  Newspapers (including advertising inserts);  Household office paper & mail (including copy paper and computer paper, greeting cards, school papers);  Phone books, magazines & catalogues;  Boxboard (including cereal, cake, chip, and cracker boxes);  Corrugated cardboard;  Food and beverage glass jars and bottles;  Aluminum cans and foil (including pie tins and trays);  Steel bimetal (“tin”) cans;  All rigid plastic containers (plastics 1 through 7), including lids and caps, non‐bottle tubs, cups and clam shells; and  Aseptic juice cartons and milk cartons. RECYCLABLES do not include the following: Bagged materials (even if containing Recyclables) Microwave trays Mirrors Window or auto glass Light Bulbs Ceramics Porcelain Plastics unnumbered Plastic bags Coat hangers Glass cookware/bakeware Household items such as cooking pots, toasters, etc. Flexible packaging and multi‐laminated materials Wet fiber Excluded Materials Fiber containing, or that has been in contact with, food debris Any recyclable materials, or pieces of recyclable materials, less than 2” in size in any dimension Materials: (a) that contain chemical or other properties deleterious, or capable of causing material damage, to any part of Company's property, its personnel or the public; and/or (b) that may materially impair the strength or the durability of the Company's structures or equipment. If loads of the mixed recyclables materials not meeting Contractor’s specifications for acceptable recyclables, Contractor shall have the right to reject the load in whole or in part, or to handle the contaminated load (i.e., landfill disposal) and impose additional reasonable charges on Customer.