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<br />CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 8 <br /> <br />3.12 Neither the Contractor nor the City shall be liable for the failure to perform their duties if such <br />failure is caused by a catastrophe, riot, war, fire, act of God, power failure, flood, disaster or <br />other similar contingency beyond the reasonable control of the City or the Contractor. Labor <br />disputes do not constitute situations beyond reasonable control. <br /> <br />3.13 The laws of the State of Minnesota shall be used to interpret this Contract. <br /> <br /> <br />4 Operations <br />4.1 Collection of recyclables shall not start before 7:00 a.m. or continue after 6:00 p.m. Exceptions <br />to collection hours shall be effected only by permission of the City. The Contractor shall <br />request permission from the City for any exception first via telephone and then in writing to the <br />City Recycling Coordinator with an explanation as to the reason for the exception. <br /> <br />4.2 When a holiday falls on the day that recycling will normally be collected, each subsequent <br />collection day will be delayed one day. For Example – if July 4 is on Tuesday, regular <br />collection services will be Wednesday and Thursday. <br /> <br />4.3 The Contractor’s employees shall handle the carts with reasonable precautions to prevent <br />spilling or scattering of recycling materials. The Contractor shall replace all carts in an upright <br />position and shall immediately clean up and dispose of any contents thereof which may be <br />spilled, regardless of whether the spill occurred on public or private property. <br /> <br />4.4 If the Contractor fails to clean up any scattered or spilled material or leaked material from <br />recycling trucks within three hours after oral or written notice (email is acceptable) from the <br />City, the City may cause such work to be done and deduct the reasonable cost thereof from any <br />payments due and owing the Contractor, in addition to any other remedies provided herein. <br /> <br /> <br />5 Collection Services <br />5.1 The recyclables collection service shall be provided every week from a 35-gallon, 64-gallon, 95- <br />gallon or similar sized wheeled recycling cart(s). <br /> <br />5.2 Collection shall occur in the same location (i.e., at “curbside”) and similar manner as household <br />solid waste collection. <br /> <br />5.3 Recyclables “door-step” collection may occur for eligible residents who apply and receive City <br />approval. Eligible residents are disabled or handicapped. There will not be an additional charge <br />to residents who are entitled to “door-step” collection. <br /> <br />5.4 All occupants of RDU’s in the City that set out recyclables for municipal collection shall be <br />required to place their household recyclables in the City-supplied cart(s). <br /> <br />5.5 The current list of household recyclables is established under the authority of the City’s <br />Recycling Coordinator. The current list of recyclables as of the date of Contract execution are