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CITY OF GEM LAKE AGREEMENT BETWEEN CITY OF GEM LAKE AND WASTE MANAGEMENT INCORPORATED, AN INDEPENDENT CONTRACTOR This Agreement is made on this 1" day of November, 2005 by and between the City of Gem Lake (hereinafter, "City"), an incorporated city and Waste Management, Inc. (hereinafter, "Contractor"), a Minnesota corporation. i� A. INTENT AND PURPOSE OF AGREEMENT. A. 1. The City currently provides it's residential citizens the service of curbside collection of recyclable materials on a regular basis and wishes to continue to support collection of recyclable materials for the good of the community, the region and the nation. A.2. The City currently provides curbside collection of recyclable materials by employing the services of independent contractor(s) operating under contract to the City, said contract having been acquired from E-Z Recycling, Inc.. A.3. The Contractor currently provides curbside collection of recyclable materials as an independent contractor working under contract for several Minnesota cities and submitted a proposal to provide curbside collection of recyclable materials for the City. A.4. The Contractor's proposal for collection of recyclable materials in the City is a continuation of a selection from not less than three (3) total proposals received and based upon ability to serve, availability of support materials provided at no charge, and recommendations. A.5. The purpose of this agreement is to establish a contractual relationship between the City and the Contractor selected for collection within the City, transportation from the City, and appropriate disposal of recyclable materials. B, SCOPE OF AGREEMENT B.1. This agreement constitutes the entire agreement between the parties. If any portion of this agreement is found to be inapplicable under the law, it shall not affect the balance of this agreement which shall remain in full force and effect. 13.2. This agreement maybe amended in writing only, said amendment(s) having been mutually agreed to and duly executed by the parties. C. DEFINITIONS C.1. "Recyclable Materials" shall mean and include newsprint, corrugated cardboard, magazines, junk mail, tin cans (food and beverage), aluminum cans (food and beverage), other aluminum, glass (clear and colored food and beverage), plastics (bottles with neck only), and other materials as mutually agreed by the parties. C.2. "Curbside Collection" shall mean the taking up of materials by the Contractor of recyclable materials accumulated and properly sorted at residential properties within the City and placed by the resident at the edge of public and private ways. C.3. "Disposal of Materials" shall mean transportation of recyclable materials collected in the City to facilities for resale into appropriate reclamation markets by the Contractor. D. CONTRACTOR'S OBLIGATIONS D. 1. FREQUENCY AND TIME OF SERVICE. The Contractor shall provide bi-weekly (every other week) collection services for all recyclable materials commencing not earlier than 7:00 am on the first (151) Wednesday in January, 2006. D.2. COMPLAINTS ON SERVICE. Complaints from residents will be taken and collected by both the City and the Contractor. The City will notify Contractor of all complaints received within twenty-four (24) hours of receipt and the Contractor will be responsible for corrective action in a courteous and prompt manner. D.3. MISSED SERVICE. When notified by the City or a resident of the City that service has not been received, the Contractor will provide service to the location by 7:00 pm the day following notification at no additional charge to the City. DA. CONTRACTOR'S OPERATIONS. The Contractor shall maintain an office with continuous operation and staffing in a location identified to the City with hours of operation from 7:00 am to 00 pm on all days_ identified in D. L. Any change in location or telephone numbers shall be identified to 6e City not less than thirty (30) days in advance of such changes. D.5. CONTRACTOR'S VEHICLES. All vehicles used by the Contractor in providing service to the City shall be clearly marked with the Contractor's name, shall be of such design as to prevent materials from spilling from the vehicle, and shall be maintained in good working and clean condition. Page 1 of 4