HomeMy WebLinkAbout2018-07-11 CC Handout MUNICIPAL MATERIALS MANAGEMENT AGREEMENT
This Municipal Materials Management Agreement (the "Agreement") is made and entered into this
1 st day of July, 2018 ("Effective Date"), by and between the City of Centerville, Minnesota ("City"),
and Allied Waste Services of North America, LLC, a Delaware corporation, dba Republic Services of
the Twin Cities — Blaine, qualified to do and actually doing business in the State of Minnesota
("Company").
RECITALS
WHEREAS, City desires that Company provide Services as defined herein for the Location
Types as set forth in this Agreement and Company desires to do so, all in accordance with the terms of
this Agreement.
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in
this Agreement,the parties agree as follows:
TERMS AND CONDITIONS
1. Sole and Exclusive Franchise. Company is hereby granted the sole and exclusive franchise,
license, and privilege to provide for the collection and disposal or recycling, if applicable, of all
conforming Waste Material (as defined in Exhibit A) for the following types of locations
("Location Types") within the territorial jurisdiction of the City(the "Services"):
Location Types
XX Residential Units XX Municipal Facilities
N/A Large Commercial Units N/A Small Commercial Units
N/A Industrial - Permanent Units N/A Industrial - Temporary Units
2. Newly Developed Areas. If the City develops new areas (of the same Location Types as
designated above) within the City's territorial jurisdiction during the Term of this Agreement,
such areas shall automatically be subject to this Agreement. The City shall provide Company
with written notification of such newly developed areas, and within thirty (30) days after
receipt of such notification, Company shall provide the Services as set forth in this Agreement
in such newly developed area(s).
3. Scope of Services. Company shall furnish all equipment, trucks, personnel, labor, and all other
items necessary to perform the Services. The Services shall not include the collection, disposal,
or recycling of any Excluded Waste or Waste Material located at any Location Type not
designated above, or any Waste Material/Service Types not designated in Exhibit A.
4. Out of Scope Services May Be Contracted for Directly with Customers. Company may
provide collection and disposal or recycling service within the territorial jurisdiction of the City
for any Waste Material and/or Location Types that are outside the scope of this Agreement
pursuant such terms and conditions as may be mutually agreed upon by Company and such
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Customers. Such services and agreements are outside the scope of this Agreement, and this
Agreement does not require such Customers to use Company for such services, but they may
do so at their discretion. The City agrees that Company may use any information received from
the City in marketing all of its available services to the residents and Customers located within
the City, whether included in the scope of this Agreement or not.
5. Exhibits. All Exhibits attached this Agreement are an integral part of the Agreement and are
incorporated herein.
Exhibit A General Specifications for Services
Exhibit B Pricing - Appendix B (as submitted by Company, 2018 Contract
Specifications from City of Centerville, Request for Proposals for Garbage, Refuse,
Recycling and Yard Waste)
6. Term. This Agreement begins on the Effective Date and expires five (5) years thereafter on
June 30, 2023, and may be renewed for an additional three-year period at the option of the City
(the "Term").
7. Rates for Services; Rate Adjustments; Additional Fees and Costs.
7.1 Rates for Services. The rates for all Services shall be as shown on Exhibit B.
8. Invoicinng; Payment; Service Suspension; Audits.
8.1 Invoicing the City. The City shall invoice and collect from all Residential Units and
Municipal Facilities Customers for Services provided by Company pursuant to this
Agreement on a bi-monthly basis. 1 The City shall report to Company (a)by the 15a' of
each month following the billing period the total number of addresses subject to this
Agreement and that have been billed for Services by the City, and parcel data and a list
of addresses billed for the Services by the City. Company shall invoice the City for the
number of addresses that were billed by the City within fifteen (15) days of receiving
the City's address count, and the City shall pay Company's invoices.
8.2 Invoicing the Customer Directly. Company shall offer Bulk Waste and Yard Waste
service to all Residential Units and Multi-Family Units (an may offer such service to
others as well) and invoice each individual Customer for all Bulk Waste Services
rendered to such Customer under this Agreement within 25 days following the end of
the month, and the Customer shall pay Company's invoices.
8.3 Pa ent. The City or Customer, as applicable, shall pay each of Company's invoices
without offset within twenty(20) days of receipt Company's invoice. Payments may be
made by check or ACH only; no purchasing cards or credit cards will be accepted. If
Company is invoicing the City, City shall pay Company's invoices in full irrespective
of whether or not the City collects from the Customers for such Service. Payments not
made on or before their due date may be subject to late fees of one and one-half percent
1 This City's bi-monthly billing cycle is January/February; March/April;May/June; July/August;
September/October; November/December. Bills are mailed during the first week of the month
following the billing period(i.e. January/February bills are mailed in the first week of March).
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(1.5%) per month (or the maximum allowed by law, if less). If the City or Customer, as
applicable, withholds payment of a portion or entire invoice and it is later determined
that a portion or all of such withheld amount is owed to Company, such amount shall be
subject to the late fees provided herein from the original due date until paid.
8.4 Service Suspension.
8.4.1 Unpaid Invoices. If any amount due from the City is not paid within sixty (60)
days after the date of Company's invoice, Company may suspend Services until
the City has paid its outstanding balance in full and/or terminate this Agreement.
If Company suspends Service, the City shall pay a service interruption fee in an
amount determined by Company in its discretion up to the maximum amount
allowed by Applicable Law. If any amount due to Company from an individual
Customer is not paid within sixty(60) days after the date of Company's invoice,
Company may suspend that Customer's Services until the Customer has paid its
outstanding balance in full. If Company suspends Service, the Customer shall
pay a service interruption fee in an amount determined by Company in its
discretion up to the maximum amount allowed by Applicable Law.
8.4.2 Suspension at Direction of City. If the City wishes to suspend or discontinue
Services to a Customer for any reason, the City shall send Company a written
notice (email is acceptable as long as its receipt is acknowledged by Company)
identifying the Customer's address and the date the Services should be
suspended or discontinued. In the event of Service suspension, the City shall
provide additional email notification to Company if/when it wishes to reactivate
the suspended Services. Upon receipt of a notice of reactivation, Company shall
resume the Services on the next regularly scheduled collection day. The City
shall indemnify, defend, and hold Company harmless from any claims, suits,
damages, liabilities or expenses (including but not limited to expenses of
investigation and attorneys' fees) resulting from the suspension of
discontinuation of any Services at the direction of the City.
8.4.3 Annual Assessment for Unpaid Customer Invoices. The City may annually
assess the properties of unpaid customers pursuant to Minnesota Statutes
Chapter 429. Assessments can only be made against properties for unpaid
invoices submitted to the City by Company before September 15th of each year.
Company will receive 90% of the unpaid amounts payable to Company before
February 1St of each year. Retainage shall compensate the City for its cost of
collection.
8.5 Audits.
8.5.1 Audit of City Billings. With respect to any Services in which the Company's
billing is dependent upon the City's reporting of the number of addresses subject
to this Agreement, the City shall perform an audit at least once each year to
confirm that all addresses receiving Services under this Agreement are actually
being billed by the City and that the City's reporting on such addresses is
accurate. The City shall share all findings and documentation with respect to
such audits with Company.
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8.5.2 Audit of Company Records. The City may request and be provided with an
opportunity to audit any relevant and non-confidential records of Company that
support the calculations of charges invoiced to the City under this Agreement
within the ninety (90) day period before the audit request. Such audits shall be
paid for by the City and shall be conducted under mutually acceptable terms at
Company's premises in a manner that minimizes any interruption in the daily
activities at such premises.
8.6 Termination of City Billing. The City may terminate the function of invoicing
Customers upon 90-day notice to Company. Upon termination, the Company shall
assume this function. In such case, the rates for all Services shall be shown on Exhibit
B for the provision of Customer invoicing by Company, effective as of the date City
invoicing terminates. The Company and City shall work together in good faith to make
such modifications to this Agreement as may be necessary to effectuate the turnover of
Customer invoicing to Company.
9. Termination.
9.1 Company Termination
If either party breaches any material provision of this Agreement and such breach is not
substantially cured within thirty(30) days after receipt of written notice from the non-breaching
party specifying such breach in reasonable detail, the non-breaching party may terminate this
Agreement by giving thirty (30) days' written notice of termination to the breaching party.
However, if the breach cannot be substantially cured within thirty (30) days, the Agreement
may not be terminated if a cure is commenced within the cure period and for as long thereafter
as a cure is diligently pursued. Subject to Section 9.2 and Section 21 of this Agreement, the
City shall pay Company only such charges and fees for the Services performed on or before the
termination effective date, and Company shall collect its equipment, and Company shall have
no further obligation to perform any Services under this Agreement.
9.2 City Termination
9.2.1 The City shall have the right to terminate this Agreement if there has been a
breach of any material provision thereof by the Company, or if there is other
good cause for termination because of Company's breach of this Agreement or
exercise of its option to suspend or discontinue recycling services. Continuing
breach or good cause shall not be deemed acceptable because it was not
followed by prompt termination.
9.2.2 Upon the failure of the Company to fulfill any of the provisions of the Contract,
the City Administrator shall be authorized to hire such persons and equipment,
or assign City employees and equipment, as may be necessary to do such work
and the cost of such expenses thereof may be charged and deducted from any
monies due the Company, collected from the Company, or collected by recourse
to the Company's bond or financial guarantee instrument submitted.
9.2.3 Notwithstanding 9.2.1 and 9.2.2, Company shall not be in breach and City shall
have no right to terminate this agreement, or hire or assign persons and
equipment pursuant to Subsection 9.2.2, unless Company fails to cure said
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breach or failure to perform within seven (7) days of written notice from the
City to the Company. The breach or failure must be cured to the satisfaction of
the City Administrator. Notice required in this paragraph is sufficient if
delivered by email to Company's designated representative.
10. Compliance with Laws. Company warrants that the Services will be performed in a good, safe
and workmanlike manner, and in compliance with all applicable federal, state, provincial and
local laws, rules, regulations, and permit conditions relating to the Services, including without
limitation any applicable requirements relating to protection of human health, safety, or the
environment ("Applicable Law"). In the event any provision of this Agreement conflicts with
an ordinance of the City, the law shall control and Company may be fined, punished, or
otherwise sanctioned under such ordinance. Company, however, may immediately terminate
this Agreement if the City adopts an ordinance that makes its performance of the Services in
accordance with this Agreement subject to fine, punishment or other sanction. Company
reserves the right to decline to perform Services, which, in its judgment, it cannot perform in a
lawful manner or without risk of harm to human health, safety or the environment.
11. Title. Title to Waste Material shall pass to Company when loaded into Company's collection
vehicle or otherwise received by Company. Title to and liability for any Excluded Waste shall
at no time pass to Company.
12. Excluded Waste. If Excluded Waste is discovered before it is collected by Company, Company
may refuse to collect the entire Waste Container that contains the Excluded Waste. In such
situations, Company shall contact the Customer and the Customer shall promptly undertake
appropriate action to ensure that such Excluded Waste is removed and properly disposed of by
the depositor or generator of the Excluded Waste. In the event Excluded Waste is present but
not discovered until after it has been collected by Company, Company may, in its sole
discretion, remove, transport, and dispose of such Excluded Waste at a facility authorized to
accept such Excluded Waste in accordance with Applicable Law and charge the depositor or
generator of such Excluded Waste for all direct and indirect costs incurred due to the removal,
remediation, handling, transportation, delivery, and disposal of such Excluded Waste. The City
shall provide all reasonable assistance to Company to conduct an investigation to determine the
identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by
Company in connection with such Excluded Waste. 13. Specifications for all Recyclable
Materials. Recyclable Materials shall comply with any and all specifications provided by
Company in order to meet quality thresholds for commodity markets and be free of
contamination. The Company may retain the gross proceeds from the sale of recyclable
materials. If the Company and the City determine that Recyclable Materials cannot be sold or
given away, the Company will advise resident that materials are to be disposed of as Garbage
and Rubbish rather than as Recyclable Material. The Company and the City shall both act
reasonably, and without unreasonable delay, in responding to a request by the other that a
material no longer be considered a Recyclable Material for purposes of this Agreement. If
market conditions develop that limit or inhibit Company from selling some or all of the
Recyclable Materials, Company may or dispose of the Recyclable Materials in a landfill.
14. Equipment; Access. The Company shall supply all equipment, labor, Containers, and materials
necessary to complete collection, hauling, disposal and/or processing of all Waste Material and
replacement Containers for Recyclable Materials from participating Residential Units. Any
equipment that Company furnishes or uses to perform the Services under this Agreement shall
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remain Company's property, except Containers for Recycling, which shall become property of
the City at the end of this Agreement. If the equipment and/or Waste Material is not accessible
so that the regularly scheduled pick-up cannot be made, such Waste Material will not be
collected until the next regularly scheduled pick-up, unless the Customer calls Company and
requests an extra pick-up, in which case an extra service charge will apply.
15. Risk Allocation. Except as otherwise specifically set forth herein, each party shall be
responsible for any and all claims for personal injuries or death, or the loss of or damage to
property, only to the extent caused by that party's negligence or acts of willful misconduct or
those of its employees, contractors, subcontractors, or agents. The Company shall defend,
indemnify and hold harmless the City, its officers, agents, representatives and/or employees,
from and against all claims, damages, losses, costs or expenses, including reasonable attorney
fees, which may be asserted against the City or for which the City may be held liable, to any
extent resulting from the negligence or willful misconduct of the Company, its employees,
agents,representatives, or subcontractors, in the performance of this Agreement.
16. Insurance. During the Term of this Agreement, Company shall maintain in force, at its
expense, insurance coverage with minimum limits as follows:
Workers' Compensation and
Employer's Liability
Coverage A — Workers Statutory
Compensation
Coverage B - Employers With limits not less than:
Liability $1,000,000 each Bodily Injury by
Accident
$1,000,000 policy limit Bodily Injury by
Disease
$1,000,000 each employee Bodily Injury
by Disease
Automobile Liability
Bodily Injury/Property Damage With limits not less than:
Combined—Single Limit $3,000,000
Coverage is to apply to all owned, non-
owned, hired and leased vehicles
(including trailers).
Pollution Liability Endorsement MCS-90 endorsement for pollution
liability coverage
Commercial General
Liability
Bodily Injury/Property With limits not less than:
Damage Combined — Single $2,500,000 each occurrence
Limit $5,000,000 general aggregate
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All such insurance policies will be primary without the right of contribution from any other
insurance coverage maintained by City. All policies required herein shall be written by
insurance carriers with a rating of A.M. Bests of at least"A-" and a financial size category of at
least VII. Upon City's request, Company shall furnish City with a certificate of insurance
evidencing that such coverage is in effect. Such certificate will also provide for thirty(30) days
prior written notice of cancellation to the City, show the City as an additional insured under the
Automobile and General Liability policies, and contain waivers of subrogation in favor of the
City (excluding Worker's Compensation policy) except with respect to the sole negligence or
willful misconduct of City. The Company shall name the City as an additional insured on such
insurance and shall furnish evidence of the same to the City. The policies waive any or all
governmental immunity as a defense in any action brought against the insured or any other
party to the Contract. The City shall be given at least thirty- (30) days prior written notice of
any cancellation, termination or material modification of the required insurance coverages.
17. Force Majeure. Except for City's obligation to pay amounts due to Company, any failure or
delay in performance under this Agreement due to contingencies beyond a party's reasonable
control, including, but not limited to, wildcat strikes, riots, terrorist acts, compliance with
Applicable Laws or governmental orders, fires, bad weather and acts of God, shall not
constitute a breach of this Agreement, but shall entitle the affected party to be relieved of
performance at the current pricing levels under this Agreement during the term of such event
and for a reasonable time thereafter. The collection or disposal of any increased volume
resulting from a flood,hurricane or similar or different Act of God over which Company has no
control, shall not be included as part of Company's service under this Agreement. In the event
of increased volume due to a Force Majeure event, Company and the City, on behalf of the
Customers, shall negotiate any additional payment to be made to Company. Further, the City
shall grant Company variances in routes and schedules as deemed necessary by Company to
accommodate collection of the increased volume of Waste Materials.
18. Non-Discrimination. Company shall not discriminate against any person because of race, sex,
age, creed, color, religion or national origin in its performance of Services under this
Agreement.
19. Licenses and Taxes. Company shall obtain all licenses and permits (other than the license and
permit granted by this Agreement) and promptly pay all taxes required by the City and by the
State.
20. No Guarantees. Unless specifically provided in this Agreement, the Company provides no
guarantees or warranties with respect to the Services.
21. Liquidated Damages. Company agrees that the City may fine the Company in the amounts
specified below as liquidated damages for failure of the Company to fulfill its obligations. The City
will notify the Company in writing documenting the nature of the violation, the history of the account,
if any, and the reason for the fine. The Company may address and remedy the failure at which point
the City will determine, in its sole discretion, if a fine is still appropriate. Company must notify the
City, in writing, of its remedial action.
21.1 Failure to clean up solid waste spilled by Company within six (6) hours of oral or
written notification. $50.00 each occurrence.
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21.2 Failure to maintain vehicle in a manner that prevents nuisances such as leaky seals or
hydraulics. $100 each occurrence.
21.3 Failure or neglect to collect solid waste, recycling (or yard waste or bulky goods) at
those times provided by this Agreement, and within 24-hours after either oral or written
notice by the City. $50 each occurrence.
21.4 Failure or neglect to provide notice to involved resident when solid waste or recyclables
refused for collection for cause. $25 each occurrence.
21.5 Failure to abide by the City's regular collection hours, 7:00 a.m. to 5 p.m., unless prior
permission has been granted by the City. $250 per vehicle each occurrence.
22. Performance Bond. The Company shall provide, at no cost to the City, either an irrevocable
letter of credit, or a performance bond, in the amount of $100,000 executed by a corporate
surety company authorized to do business in the State of Minnesota to secure the faithful
performance of this contract by said Company conditioned that the Company shall well and
truly perform and carry out the covenants, terms, and conditions of the contract in strict
accordance with its provisions. This Agreement shall be subject to termination by the City at
any time if said bond shall be canceled or the surety thereon relieved from liability because of
failure to pay the premium or termination of the period of the bond without renewal thereof.
23. Miscellaneous. (a) This Agreement represents the entire agreement between the Parties and
supersedes all prior agreements, whether written or verbal, that may exist for the same
Services. (b) Company shall have no confidentiality obligation with respect to any Waste
Materials. (c) Neither party shall assign this Agreement in its entirety without the other party's
prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the
foregoing, Company may assign this Agreement without the City's consent to its parent
company or any of its subsidiaries, to any person or entity that purchases any operations from
Company or as a collateral assignment to any lender to Company. This Agreement shall be
binding upon and inure solely to the benefit of the Parties and their permitted successors and
assigns. (d) Company may provide any of the Services covered by this Agreement through any
of its affiliates or subcontractors, provided that Company shall remain responsible for the
performance of all such services and obligations in accordance with this Agreement. (e) No
intellectual property rights in any of Company's IP are granted to City under this Agreement.
(f) All provisions of the Agreement shall be strictly complied with and conformed to by the
Parties, and this Agreement shall not be modified or amended except by written agreement duly
executed by the undersigned parties. (g) If any provision of this Agreement is declared invalid
or unenforceable, it shall be modified so as to be valid and enforceable but so as most nearly to
retain the intent of the Parties. If such modification is not possible, such provision shall be
severed from this Agreement. In either case, the validity and enforceability of the remaining
provisions of this Agreement shall not in any way be affected thereby. (h) Failure or delay by
either party to enforce any provision of this Agreement will not be deemed a waiver of future
enforcement of that or any other provision. (i) If any litigation is commenced under this
Agreement, the successful party shall be entitled to recover, in addition to such other relief as
the court may award, its reasonable attorneys' fees, expert witness fees, litigation related
expenses, and court or other costs incurred in such litigation or proceeding. 0) This Agreement
shall be interpreted and governed by the laws of the State where the Services are performed. (k)
Customer and Company agree that electronic signatures are valid and effective, and that an
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electronically stored copy of this Agreement constitutes proof of the signature and contents of
this Agreement, as though it were an original. (1) The Parties shall abide by the Minnesota Data
Practices Act, Minnesota Statutes Chapter 13.
IN WITNESS HEREOF, the parties have entered into this Agreement as of the date first written above.
City of Centerville, Minnesota Allied Waste Services of North America, LLC
By: By:
Name: Jeff Paar Name:
Title: Mayor Title:
Date: Date:
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EXHIBIT A
GENERAL SPECIFICATIONS FOR SERVICES
1. WASTE MATERIAL/SERVICE TYPES. The following Waste Material/Service Types shall
be considered in scope during the Term of this Agreement:
XX Solid Waste XX Yard Waste
XX Recyclable Material N/A Bulk Waste
N/A Construction Debris
2. DEFINITIONS
2.1 Bags — Plastic sacks designed to store refuse with sufficient wall strength to
maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not
exceed 35 lbs.
2.2 Bin — Metal receptacle designed to be lifted and emptied mechanically for use
primarily at selected Municipal Facilities and Commercial or Industrial Units.
2.3 Bulky Waste — Stoves, refrigerators (with all CFC and other refrigerants removed),
water tanks, washing machines, furniture and other similar items, and, materials other than
Construction Debris, Large Dead Animals, Hazardous Waste or Stable Matter with weights or
volumes greater than those allowed for Bins or Containers, as the case may be. Bulky Waste shall
not include any Excluded Waste.
2.4 Bundle — Tree, shrub and brush trimmings or newspapers and magazines securely
tied together forming an easily handled package not exceeding four(4) feet in length or thirty-five
(35) lbs. in weight. A Bundle shall not include any Excluded Waste.
2.5 Commercial and Industrial Refuse — All Bulky Waste, Construction Debris,
Garbage, Rubbish and Stable Matter generated at a Commercial or Industrial Unit.
2.6 Commercial or Industrial Unit — All premises, locations or entities, public or
private, requiring Garbage and Rubbish collection within the corporate limits of City that are not
classified as a Residential Unit or Municipal Facility.
2.7 Container for Garbage, Rubbish & Yard Waste Collection — A receptacle with the
capacities designated on the exhibits hereto that is designed for the purpose of curbside collection
of Garbage, Rubbish and Yard Waste and is constructed of plastic, metal or fiberglass, having
handles of adequate strength for lifting, and having a tight-fitting lid. The mouth of a container
shall have a diameter greater than equal to that of the base. The weight of a container and its
contents shall not exceed 35 lbs.
2.8 Container for Recycling — A receptacle with the capacities designated on the
exhibits hereto that is designed for the purpose of curbside collection of Recyclable Materials and
is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and
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having a tight-fitting lid. The mouth of a container shall have a diameter greater than equal to that
of the base. The weight of a container and its contents shall not exceed 35 lbs.
2.9 Construction Debris — Waste building materials resulting from construction,
remodeling, repair or demolition operations at a Residential Unit, Municipal Facility, or
Commercial or Industrial Unit.
2.10 Customer — An operator or occupant of a Residential Unit or a Municipal Facility
who generates Garbage, Rubbish, Yard Waste or, if covered by this Agreement, Recyclable
Materials.
2.11 Disposal Site—A Waste Material depository designated by Company, including but
not limited to sanitary landfills, transfer stations, incinerators, recycling facilities and waste
processing/separation centers licensed, permitted or approved by all governmental bodies and
agencies having jurisdiction and requiring such licenses, permits or approvals to receive for
processing or final disposal of Waste Material and Small Dead Animals.
2.12 Excluded Waste—Excluded Waste is all Bulky Waste(except as otherwise provided
in this Agreement), Yard Waste (except as otherwise provided in this Agreement), Commercial and
Industrial Refuse, Construction Debris, Large Dead Animals, Institutional Solid Waste, Hazardous
Waste, Offal Waste, Stable Matter, Vegetable Waste, and Special Waste.
2.13 Garbage — Any and all Small Dead Animals; every accumulation of waste (animal,
vegetable and/or other matter) that results from the preparation, processing, consumption, dealing
in,handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl,
birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation,
used tin cans and other food containers; and all putrescible or easily decomposable waste animal or
vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included
in the definition of Excluded Waste.
2.14 Hazardous Waste — A form of Excluded Waste and is defined as any radioactive,
volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or
listed or characteristic Hazardous Waste as defined by federal, state, provincial or local law or any
otherwise regulated waste. Hazardous Waste shall include, but not be limited to, any amount of
waste listed or characterized as hazardous by the United States Environmental Protection Agency
or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended,
and including future amendments thereto, and any other applicable federal, state or local laws or
regulations.
2.15 Industrial Permanent Unit — A premise or location requiring Commercial and
Industrial Refuse collection for a continuous term from a Bin(i.e., a compactor).
2.16 Industrial Temporary Unit — A premise or location requiring Commercial and
Industrial Refuse collection on only a temporary basis from a Bin (i.e., a 20, 30 or 40-yard roll-off
container). The collection time period is limited to a specific event or a short-term project.
2.17 Institutional Solid Waste — Solid waste originating from education, health care and
research facilities such as schools, hospitals, nursing homes, laboratories and other similar
establishments.
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2.18 Large Dead Animals — Animals or portions thereof equal to or greater than ten
pounds (10 lbs.) in weight that have expired from any cause, except those slaughtered or killed for
human use.
2.19 Multi-Family— The term multi-family shall refer to all residential dwelling units of
more than one(1)unit considered to be condominiums, apartment houses or grouped housing.
2.20 Municipal Facilities—Means only those specific municipal locations as set forth on
Exhibit B or Schedule 3.13 of this Agreement.
2.21 Offal Waste — Waste animal (land or marine) matter from establishments such as
butcher shops, slaughterhouses, food processing and packing plants, rendering plants and fertilizer
plants.
2.22 Rec.cling — The collection of Recyclable Materials pursuant to this Agreement,
including any delivery of, Recyclable Materials called for by this Agreement.
2.23 Recyclable Materials — The following items are classified as Recyclable Materials
under this Agreement as well as any other items mutually agreed up by City and Company in
writing:
(a) Newsprint.
(b) Glass—Unbroken green,brown, and clear(food and beverage) containers.
(c) Cans — Clean aluminum, steel, bi-metal and "tin" cans (food and beverage
containers).tin/steel containers.
(d) Plastic—Containers labeled 1 through 7.
(e) Paper — Corrugated cardboard, mixed paper, box board, catalogs, magazines,
phone books, and hard and soft covered books.
Recyclable Materials do not include items that are not appropriate for recycling including
paper contaminated with food or waste, paper plates and cups, pizza boxes napkins, waxed paper,
carbon paper,restroom paper,used lunch bags, or wallpaper.
2.24 Residential Unit —A dwelling within the corporate limits of the City occupied by a
person or group of persons comprising not more than four families including dwellings that are
single family homes, duplexes, four-plexes, and townhomes. A Residential Unit shall be deemed
occupied when either water or domestic light and power services are being supplied thereto. A
condominium dwelling, whether of single or multi-level construction, consisting of four or less
contiguous or separate single-family dwelling units, shall be treated as a Residential Unit, except
that each single-family dwelling within any such Residential Unit shall be billed separately as a
Residential Unit.
2.25 Rubbish — All waste wood, wood chips, shavings, sawdust, printed matter, paper,
pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and
discarded shoes and boots, combustible waste pulp and other products such as are used for
packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or
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metallic substances, and any and all other waste materials not included in the definition of
Excluded Waste.
2.26 Small Dead Animals—Animals or portions thereof less than ten pounds (10 lbs.) in
weight that have expired from any cause, except those slaughtered or killed for human use.
2.27 Solid Waste — Useless, unwanted or discarded materials with insufficient liquid
content to be free-flowing, that result from domestic, industrial, commercial, agricultural,
governmental and community operations which require proper storage, collection, transportation
and disposal to prevent environmental pollution inimical to public health, safety and welfare. Solid
Waste does not include sewage, earth or material used to fill land in accordance with construction
codes, mining residues, slag, dissolved or suspended solids in industrial waste water effluents
which are not acceptable for disposal in sanitary sewage treatment system or any material included
in the definition of Excluded Waste.
2.28 Special Waste — Any nonhazardous solid waste which, because of its physical
characteristics, chemical make-up, or biological nature requires either special handling, disposal
procedures including liquids for solidification at the landfill, documentation, and/or regulatory
authorization, or poses an unusual threat to human health, equipment, property, or the environment.
Special Waste includes,but is not limited to:
(a) Waste generated by an industrial process or a pollution control process;
(b) Waste which may contain residue and debris from the cleanup of spilled
petroleum, chemical or commercial products or wastes, or contaminated residuals;
(c) Waste which is nonhazardous as a result of proper treatment pursuant to Subtitle
C of the Resource Conservation and Recovery Act of 1976 ("RCRA");
(d) Waste from the cleanup of a facility which generates, stores, treats, recycles or
disposes of chemical substances, commercial products or wastes;
(e) Waste which may contain free liquids and requires liquid waste solidification;
(f) Containers that once contained hazardous substances, chemicals, or insecticides
so long as such containers are"empty" as defined by RCRA;
(g) Asbestos containing or asbestos bearing material that has been properly secured
under existing Applicable Law;
(h) Waste containing regulated polychlorinated biphenyls (PCBs) as defined in the
Toxic Substances Control Act(TSCA);
(i) Waste containing naturally occurring radioactive material (NORM) and/or
technologically-enhanced NORM (TENORM); and
0) Municipal or commercial solid waste that may have come into contact with any
of the foregoing.
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2.29 Stable Matter — All manure and other waste matter normally accumulated in or
about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of
animals,poultry or livestock.
2.30 Waste Container — A Container for Garbage, Rubbish and Yard Waste or a
Container for Recycling.
2.31 Waste Material — All nonhazardous, Solid Waste (including Garbage, Rubbish,
Yard Waste and Recyclable Materials) generated at Residential Units and Municipal Facilities that
is not excluded by this Agreement. Waste Material shall not include any Excluded Waste.
2.32 Vegetable Waste — Putrescible solid waste resulting from the processing of plants
for food by commercial establishments such as canneries. This definition does not include waste
products resulting from the preparation and consumption of food in places such as cafeterias and
restaurants.
2.33 Yard Waste — Grass, leaves, flowers, stalks, stems, tree trimmings, branches, and
tree trunks. For yard waste collection services, grass, pine needles, leaves, flowers, stalks, stems,
and small tree trimmings (less than two (2) feet in length and less than two (2) inches in diameter)
shall be in a container, bag or box the weight of which shall not exceed thirty-five (35) pounds.
Larger tree trimmings shall be laid neatly in piles at curbside. The maximum weight of any item
placed out for yard waste collection shall be thirty-five (35)pounds. Branches in excess of two (2)
feet in length may, but are not required to be, in a container, bag or box. Company shall be
obligated to collect no more than one(1)containers of Yard Waste (or their equivalent) per week
from each Residential Unit. Any collections needed by a Residential Unit in excess of such
amount must be individually contracted by the Residential Unit Customer with Company under
terms,prices and documents acceptable to both the Residential Unit Customer and Company.
3. COLLECTION OPERATIONS —GENERAL PROVISIONS
3.1 Location of Containers, Bags and Bundles for Collection. Each Container, Bag and
Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of-way
adjacent to paved or traveled City roadways. Containers, Bags and Bundles shall be placed as close
to the roadway as practicable without interfering with or endangering the movement of vehicles or
pedestrians. When construction work is being performed in the right-of-way, Containers, Bags and
Bundles shall be placed as close as practicable to an access point for the collection vehicle.
Company may decline to collect any Container, Bag or Bundle not so placed or any Waste Material
not in a Container, Bag or Bundle as specified in the applicable Exhibit hereto_The Company shall
provide walk-up service for elderly and disabled residents that are approved by the City at no extra
charge.
3.2 Bulky Waste Collection. Bulk Waste items will be collected within three (3)
working days (Monday through Friday, excluding holidays) of a request from a Residential Unit or
Multi-Family Unit. Yard Waste shall be collected at least once a week during Yard Waste season
(April through November) on the same day as Waste Material collection.
3.3 Hours of Operation. Collection of Waste Material shall not start before 7:00 A.M.
or continue after 5:00 P.M. Exceptions to collection hours shall be effected only upon the mutual
agreement of the City and Company, or when Company reasonably determines that an exception is
Version 7/11/2018 approved by City Council
necessary in order to complete collection on an existing collection route due to unusual
circumstances.
3.4 Routes of Collection. Collection routes shall be established by the Company.
Company shall submit the Residential Unit and Municipal Facilities collection routes to the City at
least two (2) weeks in advance of the commencement date for such route collection activity. The
Company may from time to time make changes in routes or days of collection affecting Residential
Units or Municipal Facilities, provided such changes in routes or days of collection are submitted
to the City at least two (2) weeks in advance of the commencement date for such changes. City
shall promptly give written or published notice to the affected Residential Units.
3.5 Holidays. The following shall be holidays for purposes of this Agreement: New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day. Company may suspend collection service on any of these holidays, but such decision in no
manner relieves Company of its obligation to provide Waste Material collection service at least
once per week and Recyclable Material collection service at least once every other week.
3.6 Suspension of Service. A Customer may suspend service for periods when the
residence will be vacant for more than one month.
3.7 Collection Equipment. The Company shall provide an adequate number of vehicles
meeting standards and inspection requirements as set forth by the laws of the State for regular
municipal waste collection services. For Waste Material collection, all vehicles and other
equipment shall be kept in good repair and appearance at all times. Each vehicle shall have clearly
visible on each side the identity and telephone number of the Company.
3.8 Disposal. All Waste Material, other than Recyclable Material, collected within the
City under this Agreement shall be deposited at any Disposal Site, selected by the Company,
properly authorized by the State.
3.9 Delivery. All Recyclable Material collected for delivery and sale by the Company
shall be hauled to a processing facility selected by the Company. The charge for processing shall
be included in the rates set forth in Exhibit B.
3.10 Customer Education. The Company shall notify all Customers at Residential Units
about set-up, service-related inquiries, complaint procedures, rates, regulations, and day(s) for
scheduled Waste Material and Recyclable Material collections.
3.11 Litter or Spillage. The Company shall not litter premises in the process of making
collections, but Company shall not be required to collect any Waste Material that has not been
placed in approved containers. During hauling, all Waste Material shall be contained, tied or
enclosed so that leaking, spillage or blowing is minimized. In the event of spillage by the
Company, the Company shall be required to clean up the litter caused by the spillage.
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3.12 Reporting. The Company shall provide tonnage information on garbage and refuse
collected on a monthly basis.
3.13 Municipal Facilities. The Company shall provide Service, and supply Containers
as needed, to all City owned sites including but not limited to City Hall, Public Works Building,
Fire Stations, and all City park properties, at no additional charge.
3.14 Customer Complaints, Calls, and Similar Matters.
3.14.1 Company Acceptance of Complaints and Calls. The Company shall
establish and maintain an office with continuous supervision for accepting complaints and
customer calls. The office shall be in service during hours mutually agreed upon by the Company
and the City, on all days except Saturday, Sunday and legal holidays as specified in this contract as
days when no collection is to be made. The address and telephone number of such office and any
changes therein shall be given to the City in writing. The Company shall supply the name and
phone number of a supervisor who will be responsible for resolving any issues with the contract
performance. All complaints shall be answered courteously and promptly by a supervisor
employed by the Company.
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13.14.2 Record of Complaints. The Company must maintain and provide on a
monthly basis an electronic database of all complaints arising as a result of Company's services to
the City within 15 days of the end of the month. This record shall include the following
information: name and address of caller, date of call, date of incident, driver/operator information,
problem, resolution, and time/day of resolution. The Company will provide this information along
with monthly tonnage reports.
3.15 Manner of Providing Service.
13.15.1 Courteous Service. The driver, collectors, and customer service
representatives shall have a courteous attitude toward the City's residents and general public at all
times.
13.15.2 Missed Locations. Whenever the City or a Resident notifies the Company
of locations that have not received scheduled service, the Company shall be required to service
such locations before 5:00 p.m. of the same day when notified prior to noon. When notified after
noon, the Company shall service such locations no later than noon of the following day, excluding
Sundays.
13.15.3 Container Handling. The Company's employees shall handle all
Containers with reasonable care to avoid damage, shall replace them in an upright position with
lids closed. The Company's employees shall immediately clean up and dispose of any contents
thereof, which may be spilled. All Containers shall be placed where found. They shall not be
placed or thrown on the streets, highways or on adjoining property. The Company, its agents, or
employees shall not throw or drop containers from the truck to the pavement or in any way break,
damage, or roughly handle the same. The Company shall repair or replace all broken Containers at
no additional charge.
13.15.4 Uniforms. All employees of the Company shall be dressed in clean
uniforms, which provide suitable identification of the Company.
3.16 Additional City Services. The Company shall provide Refuse containers and Refuse
collection for all City celebrations at no additional charge. The Company shall provide for the
disposal of Christmas Trees during the first two full weeks of each year.
[End of Attachment A]
Version 7/11/2018 approved by City Council
EXHIBIT B
PRICING
Version 7/11/2018 approved by City Council