IV.8. Approve Recycling Contact Renewal with Waste Management; Hove (CR2016-034)
March 15, 2016 Council Report 2016-034
APPROVE RECYCLING CONTRACT RENEWAL WITH WASTE MANAGEMENT
Proposed Action
Staff recommends the following motion: Approve the renewal of the City’s recycling contract
with Waste Management.
Overview
The term of this agreement will be from April 1, 2016 through March 31, 2021. Staff
recommends renewing the contract for the following reasons:
1.Waste Management has provided reliable, good service to the City for over 25 years
2.By renewing the contract, residents will continue to receive seamless recycling services
The renewal proposed is a five-year contract extension. Most aspects of this contract are a
continuation of the existing agreement. The proposed changes to note are:
1.They have proposed a fixed 2.5% increase for years two, four and five making the price per
household as follows:
a.April 1, 2016 – March 31, 2017 – $3.20 per household (this is our current rate)
b.April 1, 2017 – March 31, 2019 – $3.28 per household
c.April 1, 2019 – March 31, 2020 – $3.36 per household
d.April 1, 2020 – March 31, 2021 – $3.44 per household.
2.To compare, we have been absorbing a 1.8% rate increase each year for the existing 5-year
contract, which states the adjustment will be based on the percentage of increase in either
the Consumer Price Index or 3%, whichever is less. This has resulted in the following
price increases:
a.April 1, 2011 – March 31, 2012 – $2.99 per household
b.April 1, 2012 – March 31, 2013 – $3.04 per household
c.April 1, 2013 – March 31, 2014 – $3.09 per household
d.April 1, 2014 – March 31, 2015 – $3.15 per household
e.April 1, 2015 – March 31, 2016 – $3.20 per household
3.Waste Management has removed the diesel fuel table since they’ve transitioned away from
diesel trucks to compressed natural gas trucks. This is a monthly fuel surcharge itemized
on monthly invoices.
4.Waste Management has removed the recyclable material offset as well. This was an
itemized line on the invoice, reflecting the cost of processing recyclables minus 80% of the
revenues from the materials. As the market fluctuated, it has appeared as a credit, or in the
case of the last 12 months, a charge, totaling in $11,272.30 last year.
Supporting Information:
2016-2021 Residential Recycling Service Contract
_________________________________
Pam Hove, Solid Waste Coordinator
RESIDENTIAL RECYCLING SERVICE CONTRACT (5 Year)
17th day of February, 2016
THIS AGREEMENT is made and entered into this , by and between
CITY OF HOPKINS, MINNESOTA
the , a Municipal Corporation organized and existing under the laws
WASTE MANAGEMENT OF MINNESOTA, INC.
of the State of Minnesota (the “City”) and , a
Minnesota Corporation (“Contractor”).
WITNESSETH:
WHEREAS, The City of Hopkins has found and determined that the public health and safety of
the City will be promoted and preserved by establishing with a private contractor an arrangement for the
collection, transportation, and disposal of Recyclables produced, kept and accumulated within the City; and
WHEREAS, the City desires to maintain a recycling program.
WHEREAS, the Contractor desires to enter into a Contract with the City with respect to such
services,
WHEREAS, pursuant to appropriate action heretofore taken, the City has determined the
Contractor to be qualified to carry out the terms of this Contract,
WHEREAS, the service fees proposed by the Contractor are acceptable to the City,
NOW, THEREFORE, in consideration of the covenants, promises, undertakings, and obligations
herein created, granted, and assumed, the parties hereto agree as follows:
SECTION 1. DEFINITIONS:
A. Place or Premises: Place or premises shall mean any dwelling house, dwelling unit,
multiple dwelling, building, trailer, mobile home park, and every other place or premises
where any person resides within the City.
B. Residential Unit: Residential unit as used herein shall mean any structure in which one
or more persons reside in up to three dwelling units.
C. Person: Person shall mean and include any natural person, corporation, firm or
association.
D. Multiple Residences: Multiple Residences shall mean any single structure containing
four (4) or more dwelling units.
E. Excluded Materials: Excluded Materials means radioactive, volatile, corrosive,
flammable, explosive, biomedical, infectious, biohazardous or toxic substance or
material, or regulated medical or hazardous waste as defined by, characterized or listed
under applicable federal, state, or local laws or regulations, materials containing
information (in hard copy or electronic format, or otherwise) which information is
protected or regulated under any local, state or federal privacy or data security laws,
including, but not limited to the Health Insurance Portability and Accountability Act of
1996, as amended, or other regulations or ordinances, and/or any other waste not
approved in writing by Contractor.
F. Single-Sort Recycling: (Also referred to as “single-stream recycling.”) The recycling
system whereby residents set out recyclables in a wheeled, lidded recycling cart, or
bundled cardboard and/or newspaper, with the materials later processed at a centralized
materials recovery facility, including sorting into their individual marketable
commodities.
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SECTION 2. EXCLUSIVE PERMIT AND TENURE OF CONTRACT:
The Contractor shall have, if all terms and provisions of the Contract are met, an exclusive permit
for the collection, transportation and disposal of all recyclable material as herein defined from or with the
City. This Contract shall commence on April 1, 2016 and remain in effect through March 31, 2021. The
parties may agree to extend this Contract by mutual written agreement
SECTION 3. RENEGOTIATIONS:
The parties do hereby agree to meet and discuss with each other any suggested changes or
amendments to this Contract in order to minimize or eliminate inequities as may arise and be found to exist
in the strict performance of the provisions hereof. Any amendment, modification or change of any
provision of this Contract must be in writing signed by both parties hereto
SECTION 4. RESIDENTIAL COLLECTION OF RECYCLABLES (Single Sort):
The Contractor shall collect Recyclables from all residential units within the corporate city limits
of the City, as follows:
A. Collection: The Contractor will provide the collection of Recyclables from each unit every
other week.
B. Contractor shall provide, at no charge, Recycling Containers (carts or dumpsters) and
weekly or bi-weekly collection service of single stream materials to Hopkins Municipal
Building(s) including, but not limited to:
Hopkins City Hall
Hopkins Public Works
Hopkins Pavilion
Hopkins Police Department
Hopkins Fire Department
Hopkins Activity Center
Depot Coffee House
Hopkins Center for the Arts
Maetzold Field
Other facilities may be added by agreement between the City and Contractor
Free carted trash service during Raspberry Festival. Contractor will place approximately 126
64-gallon trash carts along parade route and in designated locations. Contractor will empty
carts on Sunday morning and remove them on Monday morning.
City will provide an updated map at least 30 days prior to the event.
Reduced price service for Spring & Fall Citywide Cleanup. Hauler will provide roll off
dumpsters for Friday, to be dumped on Saturday morning, and removed the following
Monday morning. City pays disposal cost plus any applicable taxes and fees.
C.. Most residential recycling collection will occur at the same location from where the regular
refuse is collected, generally the alleys where they exist and street curbside in other areas.
Carts shall be placed with the handle toward the house and lid opening toward the street or
alley. The driver is required to place the emptied cart back/down in the same location as set
by resident. Recycling carts/containers for Municipal recycling collection shall be placed at
agreed upon specific locations as determined by the City and Contractor. All
carts/containers shall be returned to the specific location after completion of collection.
For elderly residents, and those whose physical abilities are impaired, Recycling Containers will be
serviced via walk-up. Recycling Container will be located next to the house or garage.
D. For multi-family properties, recyclables are to be collected at each property’s designated area.
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E. Missed Collections: The Contractor shall pick up missed recycling collections on the same day
the Contractor receives notice of a missed collection, provided the Contractor receives notice
before 12:00 p.m. on a business day. If the Contractor receives notice after 12:00 p.m.,
Contractor will pick up missed collection no later than 4:00 p.m. the following business day.
F. Customer Complaints: Service complaints will be handled by the Contractor. The City will
notify the Contractor of all complaints it receives. The Contractor is responsible for
corrective actions and shall answer all complaints courteously and promptly.
Contractor shall provide personnel to receive complaints and answer curbside recycling
questions via telephone between the hours of 8:00 a.m. and 4:30 p.m. weekdays, except
holidays. The Contractor shall have a voicemail system activated to receive phone calls after
hours and on weekends.
Contractor shall maintain a log of all complaints, including the nature of the complaints,
names, addresses, and contact phone numbers of the complainants, date and time received,
Contractor’s response, and the date and time of response. Contractor will provide this
information to the Solid Waste Coordinator in a monthly report.
Procedure for Unacceptable Materials, Materials Outside Cart and Unreachable Carts: If the
contractor determines that a resident has set out unacceptable recyclable materials, left
recyclable materials outside of the cart, or has positioned the cart so that it is unreachable,
the contractor shall use the following procedures:
The contractor shall collect all the recyclable materials and leave an “education tag” provided
by the contractor attached to the handle of the recycling container indicating acceptable
materials, the proper method of preparation and the proper placement of the cart.
The driver shall record the address and report the addresses to the Contractor Dispatcher, who
will notify the City’s Solid Waste Coordinator of the addresses no later than noon the
following day.
Containers: The Contractor will provide a Single Sort Cart for collection of all Recyclables to
each residential unit. The cost of providing the cart will be built into the unit rate.
Contractor shall be responsible for the maintenance of the carts and except in the case of
abuse and/or misuse by a resident, shall replace free of cost.
Contractor shall provide Recycling Containers for use in single stream collection program.
The Contractor will maintain an inventory of new and replacement Recycling Containers and
will be required to service and repair damaged Recycling Containers. Contractor shall
maintain sufficient Recycling Container inventory of various sizes to meet supply and
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demand needs for the entire term of Contract
The standard Recycling Container size shall be approximately 64 gallons. They shall be
uniform and consistent in color and design and have a recycling symbol and an approved
instruction label imprinted on the container, so as to be easily identified by the
resident/customer and the Contractor Driver as the container for recyclable material
collection.
Thirty-two and 96-gallon Recycling Containers, of same design shall be provided to
residents upon request.
Additional Recycling Containers will be provided at no extra charge to residents in single-
family homes or multi-family buildings as requested/needed.
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The City shall not discontinue collection of any material listed as a Recyclable, nor divert, retract, or
withdraw from the Recyclables any Recyclables listed in Appendix B without the express written consent
of Contractor. The City shall not allow scavenging of any Recyclables. Any additions to the listing of
acceptable Recyclables in Appendix B shall be made upon the mutual agreement of City and Contractor.
The parties acknowledge that maintenance of the quality of the Recyclables is a requirement of this
Agreement. City shall use reasonable efforts to inform its residents of the quality requirements hereunder
and enforce its standards for the acceptance of Recyclables.
Title to Recyclables provided is transferred to Contractor upon Contractor’s collection. Title to and
liability for Excluded Materials shall remain with Customer at all times.
Promotion and Public Education.
The Contractor and the City shall work together in the preparation and
distribution of educational materials to insure accurate information and program directions. The Contractor
shall be responsible for developing a customer education tag to be used by the route drivers to inform
customers of recyclable materials or cart problems. The Contractor shall reimburse the City annually for
the actual cost of providing (up to $3,000 annually) a calendar, to be provided by the City to each CDU.
Payment will be in the form of a credit on the City’s monthly invoice upon Contractor’s receipt of a copy
of the City’s invoice for the education piece.
The Contractor shall request approval of the education-marketing piece from the Solid Waste Coordinator
prior to printing. Solid Waste Coordinator may have extra 150-printed pieces for additional distribution. A
similar mailing shall be sent to Residents each year of the Contract.
SECTION 5. RECYCLABLES COLLECTION (FEES):
The Contractor’s service fees for Recyclables 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
April 1, 2016 until March 31, 2021. The fees will be adjusted by 2.5% for the period of April 1, 2017
through March 31, 2018, by 2.5% for the period of April 1, 2019 through March 31, 2020 and by 2.5% for
the period of April 1, 2020 through March 31, 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. This includes, but is not limited to
processing fees, disposal of excess residue and items that are removed from the recycling stream.
SECTION 6. BILLING AND PAYMENTS TO THE CONTRACTOR:
Compensation to be paid by the City to the Contractor for residential collection of recycling shall
be in accordance with the fee schedule found in Appendix “A”. The City will provide the Contractor with
the number of households on a semi-annual basis.
Contractor shall submit itemized bills for recycling collection services provided to the City on a monthly
basis. Bills submitted shall be paid in the same manner as other claims made to the City.
The Contractor shall submit two copies of the monthly documentation and reports: both copies along with
the invoice to the Solid Waste Coordinator. Payment to the Contractor will not be released unless the
required information is received by the Solid Waste Coordinator.
SECTION 7. COLLECTION EQUIPMENT:
The Contractor shall provide all equipment necessary for collection, transportation and disposal of
Recyclables. Unless the material to be transported presents practical difficulties, all trucks shall be
designed and built specifically for Recyclable collection and shall be of the covered all-metal type so the
material being collected and transported will not be seen, will not blow, fall or leak from the vehicle. The
Contractor shall maintain equipment used in the performance of this contract in a clean and sanitary
condition. Vehicles shall be equipped with warning flashers, backup alarms, a broom and shovel for spills,
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a two-way communication device, and the Contractor’s name and phone number prominently displayed on
both sides of the vehicle, along with signs on the back of the vehicle indicating the vehicle makes frequent
stops.
SECTION 8. TRANSPORTATION:
Upon collection by the Contractor of Recyclables, as required by the nature and size of its
equipment, such waste shall be promptly and in a workmanlike manner transported to the site of disposal or
processing.
SECTION 9. EXCLUDED WASTE:
No person shall be permitted to deposit Excluded Waste in the Recyclables. The Contractor shall
not be required to collect Recyclables containing Excluded Waste. 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.
SECTION 10. COLLECTION OPERATIONS:
The Contractor shall furnish all labor and equipment as shall be necessary and adequate to insure
satisfactory collection, transportation and disposal of recyclable material. The Contractor shall make every
effort to maintain established scheduled pick-ups even though conditions such as weather may be adverse.
Containers shall be handled with reasonable care to avoid damage and are to be replaced in an upright
position. Any contents spilled shall be cleaned up and disposed of immediately in a workmanlike manner
and all work to be performed hereunder shall be done so as to protect, to the highest extent possible, the
public health and safety.
SECTION 11. CONTRACTOR INSURANCE AND INDEMNIFICATION:
The Contractor shall carry and file insurance certificates therefore with the City of worker’s
compensation insurance, public liability insurance, automobile liability, personal injury and property
damage insurance. The City shall be named as an additional insured in all such policies with the exception
for worker’s compensation insurance. The Contractor shall indemnify and save harmless the City from any
and all claims and causes of action which may be asserted against the City on account of any act or
omission of the Contractor or its employees and agents in connection with its performance of the work.
The Contractor shall pay all bills or claims for wages, salaries and supplies, incurred in the operation of the
collection service.
Insurance.
The Contractor must provide certificates of Insurance to the City at the time of contract
execution. The Contractor shall take out and maintain during the term of the contract such public liability
and property damage and automobile insurance as shall protect it and the City from claims for such
damages, in the following amounts:
Comprehensive General Liability
Bodily Injury $5,000,000 each occurrence
$6,000,000 Aggregate
Property Damage $5,000,000 each occurrence
$6,000,000 Aggregate
Umbrella Clause $15,000,000
This insurance shall cover all Contractors’ vehicles, whether owned, non-owned, leased
or hired.
Workers Compensation – Insurance. The Contractor shall provide workers compensation
insurance covering all employees of the contractor engaged in the performance of the
agreement, in accordance with the Minnesota Workers’ Compensation Law.
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Evidence of this additional coverage will be furnished to the City Manager or his authorized
representative upon execution of this contract and from time to time as requested by the City manager
or authorized representative.
No policy shall contain any provisions for exclusions from liability other than provisions for exclusion
from liability forming part of the standard basic unamended and unendorsed form of policy, except that
no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this
contract, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness,
disease or death of any coverage under the contractual liability endorsement of the liability of the
Contractor under this agreement. Compliance by the Contractor with the foregoing requirements to
carry insurance and furnish certificates shall not relieve the Contractor from liability assumed under
any provisions of this contract.
SECTION 12. CONTRACTOR PERFORMANCE:
If Contractor does not cure any failure to fulfill any of the provisions of the Contact within five (5)
days of written notice form the City, the City may, at is option, declare the Contract immediately
terminated and may thereafter hire such labor and equipment as may be necessary to perform the services
contemplated by this Contract. The cost of such performance by the City shall be charged to and deducted
from any compensation due the Contractor.
Reporting Requirements
– The Contractor will provide tonnage reports for recyclable materials collected
within 15 days of the end of the previous month. Reports will be provided monthly, quarterly, semi-
annually or annually based on City’s request. If recyclable material is not weighed individually, the
Contractor must indicate the procedure that will determine individual material breakdown.
At a minimum, the Contractor shall include the following information monthly:
Total quantities of Recyclable Materials collected, by material type in tons.
Net quantities of Recyclable Materials marketed, by material in tons.
Participation Rates
Damage to Property
– The Contractor shall take all necessary precautions to protect private property.
Contractor shall repair or replace any private or public property, including but not limited to, sod,
mailboxes, or recycling bins, which are damaged by the Contractor. Such property damage shall be
addressed for repair or replacement, at no charge to the property owner, within timeframe agreed upon by
resident, City and Contractor with property of the same or equivalent value at the time of the damage.
If the Contractor fails to repair or replace the damaged property within the agreed upon timeframe,
the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor
shall fully reimburse the City for any of its reasonable incurred expenses. The Contractor shall reimburse
the City for any such expenses within ten (30) working days of receipt of the City invoice.
Street Improvements -
This Contract is subject to the right of State of Minnesota, Hennepin County or the
City to improve its highways and streets. The Contractor accepts the risk that such improvements may
prevent the Contractor from traveling its accustomed route or routes for collecting recyclables. The
Contractor agrees not to make any claims for compensation against the City for such interference. The City
shall, whenever possible, provide advance information and instructions about how the Contractor may best
provide services in the improvement area.
Penalties for Missed Collections and Non-Completion of Collection Routes:
A. Reported missed collections not picked up by 12:00 noon on the business day following the day of
the reported missed collection: $ 20.00 each. If after receiving notice of a missed collection
location, the Contractor fails to make the collection by 4:00 p.m. on the business day following the
day of the reported miss, the City shall have the option of providing collection to the missed
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location and deducting $50.00 from the Contractor’s payment for the month that the miss(es)
occurred. This penalty is in addition to the above-mentioned $20.00 penalty.
B. District-wide collection not completed by 7:00 p.m. on the scheduled collection day, if the city has
not been notified of the delay by 4:00 p.m. on the scheduled collection day, and the Solid Waste
Coordinator or his/her designee has not approved the delay: $1,000 per occurrence.
C. Failure to complete a majority (50%) or more of pickups within the collection district, on the
scheduled collection day: $2,500 per occurrence.
The city may deduct the full amount of any liquidated damages from any payment due to the
contractor. The remedy available to the city under this paragraph shall be in addition to all other
remedies, which the city may have under law or at equity.
Exceptions. For purposes of this contract, the contractor shall not be deemed to be liable for
damages where its inability to perform recycling collection service is the result of conditions beyond
the control of the contractor, including, but not limited to, civil disorder, act of God, inclement
weather severe enough that trucks either cannot make collections or are substantially slowed in their
collections, changes in applicable statutes, regulations, and ordinances; provide, however, that the
contractor shall obtain the approval for the delay from the Solid Waste Coordinator his/her designee
prior to 4:00 p.m. of the scheduled collection day. The contractor shall exhaust every reasonable
remedy to correct the conditions resulting in its non-performance. In the event that the contractor
fails to provide recycling collection service because of any of the above conditions and has obtained
approval from the Solid Waste Coordinator for the delay, then the contractor shall have five (5) days
(excluding Saturdays, Sundays, and holidays) to provide such service. In the event of a continuing
failure beyond said period, the contractor shall not be entitled to payment for any CDU not so
serviced.
Audit Disclosure.
The contractor shall allow the City or its duly authorized agents reasonable access to
such of the Contractor’s books and records as are pertinent to all services provided under this agreement.
Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this
agreement which the City requests to be kept confidential shall not be made available by the Contractor to
any other person or party with the City’s prior written approval. All finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor shall
become the property of the City upon termination of this Agreement.
Performance and Payment Bond.
The Contractor shall execute and deliver to the City a performance
bond with a corporate surety in the sum of $50,000. This contract shall not become effective until such a
bond in a form acceptable to the City has been delivered to the City and approved by the City Attorney.
This Contract shall be subject to termination by the City at any time if said bond shall be canceled or the
surety thereon relieved from liability for any reason. The term of such performance bond shall be annually
renewed each year of the Agreement. Extensions or renewals shall require the performance bond continue
in force annually during the period of extension or renewal.
Compliance with Laws and Regulations.
In providing services hereunder, the Contractor shall abide by
all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided
hereunder, including any data practices requirements under Minnesota Statutes Chapter 13 or other
applicable statutes. Any material violation shall constitute a material breach of this Agreement. Governing
Law: the laws of the State of Minnesota, ordinances of Hennepin County and all ordinances of the City
shall control this contract.
Contract Termination
– The City may cancel the Contract if the Contractor fails to fulfill its obligations
under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the
default has not been cured within 30 days after receiving written notice of said default. 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 Contract is canceled or terminated, all finished or unfinished
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documents, data, studies, surveys, route maps, route notes, 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 termination. Upon termination, Contractor shall be
responsible for retrieving all Recycling Containers within seven (7) business days from the date of
termination.
SECTION 13. ASSIGNMENTS AND SUBCONTRACTORS:
The Contractor shall not assign this Contract or any interest therein or any privilege or right
granted therein without the written consent of the City Council. Consent to one assignment shall not be
deemed to be consent to any subsequent assignment; neither shall the Contractor subcontract all or any
portion of the work to be performed hereunder without the written consent of the government body of the
City Council.
SECTION 14. COMMERCIAL BUSINESS COLLECTIONS:
This Contract applies only to residential recyclable material as defined herein. Commercial
businesses may contract with any licensed hauler it may choose.
SECTION 15. WAIVER:
The waiver by the City of any breach or violation of any term covenant, or condition of this
Contract shall not be a waiver of any subsequent breach or violation of the same or any other term,
covenant or condition hereof.
SECTION 16. DISPUTE:
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 Hennepin County court. This contract shall be
construed in accordance with the laws of the State of Minnesota.
SECTION 17. INDEPENDENT CONTRACTOR:
The Services shall be performed and furnished by Contractor as an independent contractor and not
as an agent or employee of City. The services shall be performed under the sole supervision, management,
direction and control of Contractor in accordance with the terms and conditions of this Contract.
Contractor will have full control, including but not limited to hiring, firing and supervision, of its
employees to assist in the performance of this Contract. Contractor further agrees that the services shall
meet with the approval of City but that the detailed manner and method of performing the Services shall be
under the exclusive control of and in the complete discretion of Contractor. Contractor shall have no
authority to act as an agent or employee of City nor to enter into any contract or contract for or on behalf of
City.
Personnel Requirements
– Contractor shall retain sufficient personnel and equipment to fulfill the
requirements and specifications of the services described. In this Contract.
Contractor’s personnel will be trained in both program operation and customer service and ensure that all
personnel maintain a positive attitude with the public personnel shall:
Conduct themselves at all times in a courteous manner and use no abusive or foul language.
Perform their duties in accordance with all existing laws and ordinances and future amendments to
Federal, State or Minnesota, and local laws and governing boards.
Be clean and presentable in appearance.
Wear a uniform and employee identification badge or name tag.
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Drive in a safe and considerate manner.
Manage Recycling Containers in a careful manner.
Monitor for any spillage and be responsible for cleaning up any litter or breakage resulting from
the service.
Avoid damage of property.
Abstain from operating vehicle while under the influence of alcohol, illegal controlled substances,
or prescribed medication that may impair their ability to operate the vehicle.
Equal Opportunity.
During the performance of this contract, the Contractor, in compliance with
Executive Order 11246, as amended by Executive Order 11375 and Department of Labor
regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for
employment because of age, race, color, religions, sex, or national origin. The Contractor shall
take affirmative action to insure that applicants for employment are qualified, and that employees
are treated equally during employment, without regard to their age, race, color, religion, sex, or
national origin.
SECTION 18. ENTIRE CONTRACT
The entire agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as
any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
SECTION 19. FORCE MAJEURE:
Force Majeure: Neither party shall be in default for its failure to perform or delay in performance
caused by events or significant threats or events beyond its reasonable control, whether or not foreseeable,
including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires,
acts or war or terrorism, acts of God, and the inability to obtain equipment, and the affected party shall be
excused from performance during the occurrence of such events.
SECTION 20. BINDING EFFECT:
The terms, covenants, and conditions of this Contract shall apply to, and shall bind and inure to
the benefit of the parties, their successors, and assigns.
IN WITNESS WHEREOF,
the parties have hereunto executed this Contract, by their officers, as of
the day and year first above written.
CITY OF HOPKINS WASTE MANAGEMENT OF MINNESOTA, INC.
By: __________________________________ By: _______________________________________
Mayor Chuck Rynda, Vice President - Asst. Secretary
Date: ________________________________ Date: ______________________________________
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“APPENDIX A”
CITY OF HOPKINS
RECYCLING SERVICE CONTRACT
Monthly Single Sort Recycling Service Rates for April 1, 2016-March31 2017
64 gallon Single Sort Cart picked up every other week:
Single Family: $3.20 per month
Additional recycling carts, or larger than 64 gallon will be available to residents at no extra
charge.
There will be a 2.5% piece increase in years two, four and five.
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APPENDIX B
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 Microwave trays
Recyclables)
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 Wet fiber
materials
Excluded Materials Fiber containing, or that has been in contact with, food
debris
Any recyclable materials, or pieces of Materials: (a) that contain chemical or other properties
recyclable materials, less than 2” in size in deleterious, or capable of causing material damage, to any
any dimension 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.
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