Loading...
CR 95-123 Approval to Haul Residential Waste \ y (I G /C July 18, 1995 Council Report: 95-123 o " . p ~ \ APPROVAL OF CONTRACT TO HAUL RESIDENTIAL WASTE TO HENNEPIN COUNTY FACILITIES Proposed Action. Staff recommends adoption of the following motion: IIAuthorize the Mayor and ci tv Manager to enter into a contract with Hennepin County to haul residential waste to their facilities at a reduced tip fee of $45 per ton.n Overview. The City has been hauling waste to Hennepin County facilities ever since they lowered the tipping fee at their facilities to $60jton in 1994. Hennepin County has been lowering the tip fee periodically due to competition with out-state landfills and the failure of flow control legislation in the courts. Apparently $60jton was not low enough to keep haulers from hauling out-state, so Hennepin County is now offering contracts to haulers in an attempt to keep waste coming to their facilities. The county is offering to lower the tip fee to $45jton if haulers will sign 15 month contracts to haul their waste to the county facilities. . Since we currently haul to the Hennepin County facilities and feel there is no immediate reason to change, staff recommends that the city enter into a contract with Hennepin County. Primary Issues to Consider 0 Why should the City of Hopkins contract with Hennepin County? 0 What does it cost to dispose of waste at an out-of-state landfill? Supportinq Information 0 Analysis of Issues 0 cr=~conlliL Steven J. Stadler, Public Works Director . ---- .---- .... ---- - ------ --.--.- .-- ..--. .--.----------... Council Report: 95- Page 2 . Analvsis of Issues o Why should the city of Hopkins contract with Hennepin County? The city is currently paying $60jton to dispose of waste at the Hennepin County Transfer station ln Brooklyn Park. By entering into a contract with Hennepin County that fee would be lowered to $45jton. At this time there is no place nearby that would accept our waste at a lower fee. Also the Waste Management Act requires that cities, wishing to dispose of waste at a facility that is lower on the preferred list of the county in which they are located, must; evaluate potential liability, make a plan for dealing with it and submit that information to the OEA. Another reason prompting this recommendation is that failure of the Hennepin County Solid Waste Management system would ultimately be a cost borne by all Hennepin County residents. o What does it cost to dispose of waste at an out-of-state landfill? Staff spoke with Mike Berkopec of Waste Management and was told that the average disposal cost at out-state landfills in Wisconsin and Iowa is between $20-25jton. He also estimated that the transportation fee would be around $20jton. He stated that Waste Management has entered into a contract with Hennepin . County. . . Contract No. A 12095 WASTE DELIVERY AGREEMENT . THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County," A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Public Works, Environmental Management Division, 417 North Fifth Street, Minneapolis, Minnesota 55401; hereinafter referred to as the "Division, II and City of Hopkins, Public Works, 1601 2nd ST S, Hopkins, Minnesota 55343 hereinafter referred to as the "Hauler." WITNESSETH: WHEREAS, the County has authority pursuant to Minn. Stat. ~473.813 to enter into an Agreement with the Hauler for the delivery of solid waste to a County Facility; and WHEREAS, the Hauler desires to enter into an Agreement with the County to deliver Acceptable Waste to a County Facility. NOW THEREFORE, in consideration of the promises and mutual agreements hereinafter set forth, the parties hereto agree as follows: I. TERM OF THE AGREEMENT e The Hauler agrees to furnish services to the County during the period commencing July 1, 1995, and terminating September 30, 1996. ll. DEFINITIONS A. Acceptable Waste is garbage, refuse, and other solid waste from residential, commercial, industrial and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural waste, tires, lead acid batteries, motor and vehicle fluids and filters, other materials collected, processed and disposed Of as separate waste streams, or materials otherwise defined herein as Unacceptable Waste. B. County Board is the Hennepin County Board of Commissioners. C. County Facility includes Brooklyn Park Transfer Station, Freeway Transfer Station, Hennepin Energy Resource Company (HERC), and Elk River Resource Recovery Facility. . D. Hazardous Waste is waste which, by reason of its composition or characteristic, is toxic or hazardous waste as defined in the Resource Conservation and Recovery Act, 42 USC g6903 (5) and regulations interpreting such act, or in Minnesota Statutes, Section 116.06, Subd. 11, and regulations interpreting such statute, as any of the . foregoing may be amended from time to time. E. Unacceptable Waste includes explosives, pathological and biological waste, radioactive materials, ashes, incinerator residue, foundry sand, sewage sludge, cesspool and other human waste, human and animal remains, motor vehicles, major vehicle parts such as transmissions, rear ends, springs and fenders, automobile and small vehicle tires to the extent the air emission criteria applicable to HERC are violated by their combustion, agricultural and farm machinery and equipment, marine vessels and major parts thereof, transformers, trees and lumber more than six feet long or one foot in diameter, liquid wastes, nonburnable construction material, sludges from air or water pollution control facilities or water supply treatment facilities, demolition or other construction debris, Hazardous Waste, any material which if processed at HERC would cause the bottom ash produced at HERC to be classified as Hazardous Waste, and other wastes as may be listed in Appendix A. F. Hennepin County Solid Waste System Operating Manual is the manual prepared by the Environmental Management Division and authorized pursuant to County Ordinance 12 which describes the procedures and requirements for all haulers to use the County's Facilities. ID. REPRESENT A TIONS . A. Hauler Representations 1. The Hauler is a (specify corporation, partnership, or sole proprietorship), duly organized, validly existing and properly qualified to do business under the Laws of Minnesota, and is licensed to haul waste in Hennepin County. 2. The Hauler and/or representative have full power and authority to execute the Agreement and such execution constitutes a binding legal obligation of the Hauler that is fully enforceable in accordance with its terms and conditions. 3. The execution of the Agreement does not conflict with any other agreement, indenture or any other instrument to which the Hauler is a party. B. . County Representations 1. The execution of this Agreement has been duly authorized and approved by the County Board, and no other authorizations, approvals, or consents are required in order for this Agreement to constitute a binding and enforceable legal obligation to the County, except for the consent of the reviewing authority to the extent provided by law. . 2 IV.. REGULA TORY COMPLIANCE A. The Hauler shall at all times operate its business of collecting, transporting and delivery of waste in compliance with all applicable local, state, and federal laws, rules, . regulations, ordinances and licenses unless determined invalid by a Court of competent jurisdiction. E. The Hauler shall obtain and maintain all necessary licenses, permits and other authorizations required by each municipality or township within t.he county in which it operates, the County, the Minnesota Pollution Control Agency (MPCA) and any other governmental agency having jurisdiction over its activities. v. SCOPE OF SERVICES A. Delivery of Acceptable Waste 1. The Hauler agrees to deliver to a County Facility, all Acceptable Waste it collects in Hennepin County with the exception of: a) Acceptable Waste delivered to and processed at Richard's Asphalt or EPR which were granted an exclusion pursuant to Minn. Stat. ~115A.893; and b) Acceptable Waste in a specific amount committed to an out-of-state disposal facility by a previous binding written contract executed between June 1, 1994 and April I, 1995 by the Hauler and another party. The exception will only apply to the initial contract period. The Hauler shall allow review of said . contract except for financial terms by Hennepin County. 2. The Hauler agrees that it will not mix or deliver Acceptable Waste generated outside the County with Acceptable Waste generated in the County, unless mutually agreed to in writing by the parties. 3. The Hauler agrees not to deliver any Unacceptable Waste to a County Facility. 4. The Hauler agrees that it will not mix any Unacceptable Waste with Acceptable Waste collected in the County. 5. The Hauler agrees that it will, upon delivery of any waste to a County Facility, give the facility operator a load report on a fonn acceptable to the County that provides information concerning the load as may be required by the County, including but not limited to disclosure of the county or counties of origin for that load of waste. B. Rejection of Deliveries and Responsibilities for Hazardous/Unacceptable Waste 1. The facility operator may require the Hauler to reload and dispose of waste deposited on the tipping floor which contains Hazardous Waste or significant . 3 amounts of Unacceptable Waste, including Acceptable Waste contaminated by Unacceptable Waste. 2. If the facility operator has reasonableJ factual information indicating that Hazardous . Waste or Unacceptable Waste was delivered by the Hauler, and the Hauler has left the tipping floor, the Hauler agrees to return and remove such Hazardous Waste or Unacceptable Waste and dispose of it in accordance with all applicable federal, state and local laws. 3. The facility operator has the right to reject entire or partial loads of Hazardous or Unacceptable Waste. The Hauler shall be provided with documentation certifying the rejection and reasons therefore. All costs of reloading, removal and disposal of Hazardous Waste or other Unacceptable Waste shall be borne by the Hauler. C. Payment of Fees The Hauler agrees to pay all fees established under this Agreement. VI. PA YMENT PROCEDURES A. Payments shall be made in accordance with procedures provided in Section V of the Hennepin County Solid Waste System Operating Manual. B. The Hauler may be required to pay cash to enter a County Facility if its account is not current. . C. Fees 1. The Hauler shall pay $45.00 per ton for Acceptable Waste delivered to a County Facility, which will be less than the gate rate for non-contracted waste. 2. In the event that the County's right to designate waste is totally abolished by court decision or legislation, the parties agree to negotiate in good faith to adjust the tipping fee to an amount that fairly reflects the circumstances at the time. 3. The Hauler will receive the same rate given to any hauler who contracts with the County. VII. INDEPENDENT CONTRACTOR The Hauler shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Hauler as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Hauler is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Hauler represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Hauler or other persons while engaged in the . 4 ----.---- performance of any work or services required by the Hauler under this Agreement shall have no contractual relationship with the County, and shall not be considered employees of the County. Any and all claims that mayor might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf . of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Hauler, its officersJ agents, contractors, or employees shall in no way be the responsibility of the County. The Hauler shall defend, indemnify J and hold the County, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent trib:malJ agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including without limitation, tenure rights, medical and hospital careJ sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. Vill. NON-DISCRIMINA TION - AFFIRMATIVE ACTION In accordance with Hennepin County's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. IX. INDE.MNIFICA TION A. Indemnification of County . The Hauler agrees to defend, indemnify, and hold harmless the County, its elected officials, officers, agents, and employees (including duly authorized volunteers) from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act, or omission, of the Hauler, its officers, agents, employees (including duly authorized volunteers), or contractors, or anyone whose act, or omission, any of them may be liable for in the performance of the services required by this Agreement, and against all loss by reason of the failure of said Hauler to perform fully, in any respect, all obligations under this Agreement. B. Indemnification of Hauler The County agrees to defend, indemnify, and hold harmless the Hauler against liability for removal or remedial actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Minnesota Environmental Response and Liability Act (MERLA) for a release or threatened release of hazardous substance from Acceptable Waste delivered by the Hauler pursuant to this Agreement to a County Facility and not rejected by the facility. It is understood and agreed that the County's duty to indemnify the Hauler shall be null and void if: . 5 1. The Hauler, without the express written consent of the County, assumes any obligation, makes any payment, incurs any expense, or compromises in any way a claim covered by this indemnification; . 2. The Hauler fails to give timely notice of claim and provide copies of documents as required; 3. The Hauler fails to cooperate with the County in the investigation, settlement, or defense of the claim or suit; or 4. The Hauler knowingly delivers Unacceptable Waste to a County Facility. The County shall provide legal representation through the Hennepin County Attomey's Office or legal counsel of its choice for a defense of claims asserted against the County, the Hauler and/or other waste haulers if those claims are indemnified by the County under this section. In its sole discretion, the County may choose to provide legal representation through common counselor separate counsel to represent the Hauler for said claims. The Hauler shall be solely responsible for defending claims or portions of claims not indemnified by the County under this section. The Hauler agrees that: (1) it will not claim or assert, that based solely on common counsel's past or present representation of the Hauler, said counsel has a conflict of interest in performing legal services under this section; (2) it will not claim or assert, that based solely on common counsel's representation under the terms of this Agreement, said counsel has a conflict of interest in connection with any representation of any other person or entity in a matter pending; and (3) in the event that any legal conflict develops in the continued representation of the County and other waste haulers, the . Hauler may consent to have the common counsel continue to represent it under this section. Nothing in this Agreement shall prevent the Hauler from retaining, at the Hauler's sole expense, its own counsel of the defense of claims indemnified by the County under this section in the event a conflict of interest exists. The Hauler agrees to assign to the County all claims the Hauler may have that arise in connection with claims indemnified by the County. 5. No Wavier of Immunities. Nothing in this Agreement shall constitute a waiver or diminution by the County of any immunities or statutory limitations on liability. x. DATA PRIVACY The Hauler and the County agree to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. XI. AUDIT All books, records, documents and accounting procedures and practices of the Hauler relevant to this Agreement are subject to examination by the County and the State Auditor, e 6 ----- -.- - as appropriate, or their designees, in accordance with the provisions of Minn. Stat. S16B.06, subd. 4 (1986). XII. NON-ASSIGNl\ffiNT . The Hauler shall not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County. Xill. MERGER Al'.TD MODIDCA TION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this , Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XIV. SURVIVAL OF REPRESENTATIONS Al\TD WARRANTIES The representations, warranties, covenants and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants, and agreement by the other party shall survive the execution and term of this Agreement. . XV. DEFAULT A. Hauler Default If the Hauler fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute a default. Unless the Hauler's default is excused by the County, the County may cancel this Agreement in its entirety. The following shall also constitute a default by the Hauler: 1. Failure to comply with all applicable laws, ordinances, rules, regulations, and licenses relating to waste hauling, in the County and the State of Minnesota; 2. Failure to maintain insurance as required by Hennepin County Ordinance 17; 3. Failure to make payment of all fees established under this Agreement; 4. Persistent and repeated failure to fulfill any of its material obligations under this Agreement; or . 7 5. Transfer of any interest under this Agreement, whether by subcontract, assignment or novation. Notwithstanding the above, the Hauler shall not be relieved of liability to the County . for damages sustained by the County by virtue of any breach of this Agreement by the Hauler. It is further agreed, that any right .or remedy provided for herein shall not be considered as the exclusive right or remedy of the County for any default in any respect by the Hauler, but such right or remedy shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity o.r statute. B. County Default The persistent or repeated failure to fulfill any of its material obligations under this Agreement shall constitute a default by the County. C. Opportunity to Cure No event of default set forth in this Article shall give rise to the right to terminate unless and until: (1) written notice is given to the defaulting party, specifying that a particular event of default exists which will, unless corrected within a thirty (30) day period of time, constitute a material breach of the Agreement on the part of the defaulting party; and (2) the defaulting party has not corrected such default within such period of time. The County's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the . same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. XVI. TElUvlIN A TION A. In the event that the Hauler and the County mutually agree in writing to terminate this Agreement, such termination shall take effect on the date agreed upon by the parties. B. Either party may terminate by reason of the default of the other party following five (5) days written notice to the defaulting party, unless the default has been cured within the 30 (thirty) day period following notice of the default as provided in Article XV, Section C. XVll. AD1\flNISTRA TION OF AGREEMENT In order to coordinate the services of the Hauler with the activities of the Environmental Management Division of the County so as to accomplish the purposes of this Agreement, Janet Leick, Environmental Management Division Manager, shall manage this Agreement on behalf of the County and serve as liaison between the County and the Hauler. . 8 XVIll. PAPER RECYCLIJ'lG The County encourages the Hauler to develop and implement an office paper and newsprint recycling program. . XIX. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the County shall be sent to the Director- of the Department of Public Works with a copy to the originating Division at the address given in the opening paragraph of the Agreement. Notice to the Hauler shall be sent to the address as given in the opening paragraph of the Agreement. The laws of the State of Minnesota shall govern this Agreement. XX. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. XXI. RENE'V AL This Agreement may be extended for up to three one-year terms by mutual consent of the parties, upon the same terms, conditions, and covenants. Written notice to extend must be given by either party no less than ninety (90) days prior to the expiration date of this . Agreement and if mutually agreed to in writing before expiration of this Agreement. . 9 ---------- The Hauler, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on ,1995, and pursuant to such approval, the proper County officials have signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. . COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chair of Its County Board And: Associate/County Administrator Approval as to fonn and execution: ATTEST: Assistant County Attorney Deputy/Clerk of the County Board Date: HA ULER . Name: By: (:) l uz;rc f7 o~ f\J 1)(.. ~L \f!t...kO ~ 'L--S Title DIRECTOR OF PUBLIC ~ORKS Name: By: Title CITY HAtlAGER Name: By: Title HAY OR . 10 CORPORA TION STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this _ day of , 19_, before me appeared and to me personally known, who be0g by me duly sworn did say that they are the and of , the corporation described in and who executed the foregoing instrument, and that said corporation by authority of its , and said and acknowledges said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires: PARTNERSHIP STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this _ day of ,19_, by (name ) , partner, on behalf of (hauler name) , a partnership. . Notary Public My Commission Expires: SOLE PROPRIETORSHIP STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of ,19_, by Notary Public My Commission Expires: . 11 _._ _._.__ u._. APPENDIX A UNACCEPTABLE WASTES AT COUNTY FACILITIES . 1. agricultural and farm machinery 2. agriculture waste 3. . animal remains 4. asbestos 5. ash from incinerators, resource recovery facilities, and power plants 6. auto batteries 7. baghouse dusts 8. chemical catalysts 9. cutting oils 10. disposable batteries (flashlight, lantern, rechargeable) II. distillation bottoms 12. empty pesticide containers 13. etching acids 14. explosives 15. fiberglass, urethane, polyurethane and epoxy resin wastes 16. foundry wastes including core sands 17. hazardous wastes 18. hot or burning loads 19. industrial equipment cleanings 20. infectious wastes 21. liquid spills of non-hazardous materials including chemical spill cleanings . 22. liquid wastes 23. materials that would cause bottom ash to become hazardous 24. metallic dust sweepings 25. paint residues, paint filters, and paint dust 26. pathological wastes 27. pesticides and herbicides from commercial sources 28. radioactive materials 29. rendering and slaughterhouse wastes 30. sludges, including ink sludge, lime sludge, paint sludge, paper sludge, and wood sludge 31. spent activated carbon filters 32. spent pickling liquors 33. street sweepings 34. tires 35. transformers 36. waste containing more that 1 ppm polycholorinated biphenals (more than 50 ppm polycholorinated biphenals is hazardous waste) 37. waste that could spontaneously combust or that could ignite other wastes because of high temperatures 38. yard waste including all tree waste . 12