CR 98-145 Approval of Contract to Haul Residential Waste to Hennepin County FacilitiesSeptember 1, 1998
Proposed Action.
Staff recommends adoption of the following motion: "Authorize the Mayor and City Manager to
enter into a new contract with Hennepin County effective from October 1, 1998 through March 31,
2001, to haul residential waste to their facilities at a reduced tip fee of $39 per ton."
Overview.
The City has been hauling waste to Hennepin County facilities ever since 1994 when they lowered
the tipping fee at their facilities to $60 /ton. Prior to that we hauled to the Reuter facility in Eden
Prairie which has since closed. Hennepin County has lowered the tip fee periodically due to
competition with out -state landfills and legal problems with flow control. Recently the County
voted again to reduce the tip fee at their facilities to $39 /ton if haulers will sign contracts agreeing
to haul their waste to the county facilities. They are offering a 2 - year contract from October 1,
1998 through March 31, 2001.
Hennepin County facilities are nearby, and hauling to them fulfills the requirements outlined in the
Waste Management Act and Hennepin County Solid Waste Master Plan. Staff feels there is no
reason to change at this time based on cost and convenience and recommends that the city enters
into a contract with Hennepin County.
Primary Issues to Consider
o Why should the City of Hopkins contract with Hennepin County?
o Projected 1998 -99 Budget Impact
Supporting Information
P K
Council Report: 98 -145
APPROVAL OF CONTRACT TO HAUL
RESIDENTIAL WASTE TO HENNEPIN COUNTY FACILITIES
Analysis of Issues
• Excerpts from Waste Management Act
Prop. sed Contra.
AM
Steven J. Sta s er, Public orks Director
Analysis of Issues
o Why should the City of Hopkins contract with Hennepin County?
The city is currently hauling waste to the Hennepin County Transfer station in Brooklyn Park. This
facility and the downtown HERC plant are both located within 20 miles of the City of Hopkins
making them the most convenient time and distance wise. We currently pay $41 /ton to dispose of
waste at the County facilities. By continuing our contract with Hennepin County that fee would be
lowered to $39 /ton. The fee to haul into the Hennepin County system without a contract is $60 /ton.
The next two closest facilities outside of the County system are USA Waste in Burnsville, and Pine
Bend in Inver Grove Heights. There are also landfills in Wisconsin and Iowa. Hauling to these or
other out -state landfills would require more man and equipment hours. More importantly it would
put us in violation of the Waste Management Act and Hennepin County Solid Waste Management
Plan that requires public entities to follow a disposal hierarchy placing incineration ahead of land
disposal. Additional consideration should be given to the fact that it is important to support the
County's system, as failure of the Hennepin County Solid Waste Management system would
ultimately be a cost borne by all Hennepin County residents.
o Projected 1998 -1999 Budget Impact
The 5% drop in tipping fee, from $41 /ton to $39 /ton, will result in a reduction of approximately
$1,334 in disposal fees for 1998 and $5,400 in disposal fees in 1999. This is based on a projection
of 667 tons being collected from October 1 through December 30 and 2700 tons of refuse being
collected in 1999.
115A: WASTE MANAGEMENT ACT
CITATION, PURPOSE, DEFINITIONS AND ENFORCEMENT
115A.01 CITATION.
Chapter 115A shall be known as the waste management act.
HIST: 1980 c 564 art 1 s 1; 1989 c 325 s 1
115A.02 LEGISLATIVE DECLARATION OF POLICY; PURPOSES.
(a) It is the goal of this chapter to protect the state's land, air, water, and other natural resources
and the public health by improving waste management in the state to serve the following purposes:
(1) Reduction in the amount and toxicity of waste generated;
(2) Separation and recovery of materials and energy from waste;
(3) Reduction in indiscriminate dependence on disposal of waste;
(4) Coordination of solid waste management among political subdivisions; and
(5) Orderly and deliberate development and financial security of waste facilities including
disposal facilities.
(b) The waste management goal of the state is to foster an integrated waste management system
in a manner appropriate to the characteristics of the waste stream and thereby protect the state's
land, air, water, and other natural resources and the public health. The following waste
management practices are in order of preference:
(1) waste reduction and reuse;
(2) waste recycling;
(3) composting of yard waste and food waste;
(4) resource recovery through mixed municipal solid waste composting or incineration; and
(5) land disposal.
HIST: 1980 c 564 art 1 s 2; 1989 c 325 s 2; 1991 c 337 s 5; 1992 c 593 art 1 s 4; 1994 c 585 s 2
_ 1 15A.03 DEFINITIONS.
Subdivision 1. Applicability. For the purposes of this chapter, the terms defined in this
section have the meanings given them, unless the context requires otherwise.
Subd. 2. Agency. "Agency" means the pollution control agency.
Subd. 3. Repealed, 1989 c 335 art 1 s 270
Subd. 3a. Arrange for management. "Arrange for management" means an activity
undertaken by a person that determines the ultimate disposition of solid waste that is under the
control of the person, including delivery of the waste to a transfer station for transport to another
solid waste management facility. Knowledge of the destination of waste by a generator is by itself
insufficient for arranging for management unless the generator knows that the destination is an
environmentally inferior facility as defined in this section, has the ability to redirect the waste to an
environmentally superior facility and ensure its delivery to that facility, and chooses not to redirect
the waste.
Subd. 4. Cities. "Cities" means statutory and home rule charter cities and towns authorized
to plan under sections 462:351 to 462.364.
Subd. 5. Collection. "Collection" means the aggregation of waste from the place at which it
is generated and includes all activities up to the time the waste is delivered to a waste facility.
Subd. 6. Commercial waste facility. "Commercial waste facility" means a waste facility
established and permitted to sell waste processing or disposal services to generators other than the
owner and operator of the facility.
•
115A.46
displacement is required in order to achieve the waste management objectives identified in the
plan.
(g) The plans shall establish a siting procedure and development program to assure the orderly
location, development, and financing of new or expanded solid waste facilities and services
sufficient for a prospective ten -year period, including estimated costs and implementation
schedules, proposed procedures for operation and maintenance, estimated annual costs and gross
revenues, and proposals for the use of facilities after they are no longer needed or usable:
(h) The plans shall describe existing and proposed county and municipal ordinances and license
and permit requirements relating to solid waste management and shall describe existing and
proposed regulation and enforcement procedures.
Subd. 3. Repealed, 1984 c 644 s 82
Subd. 4. Delegation of solid waste responsibilities. A county or a solid waste
management district established under sections 115A.62 to 115A.72 may not delegate to another
governmental unit or other person any portion of its responsibility for solid waste management
unless it establishes a funding mechanism to assure the ability of the entity to which it delegates
responsibility to adequately carry out the responsibility delegated.
Subd. 5. Jurisdiction of plan. (a) After a county plan has been submitted for approval
under subdivision 1, a public entity, as defined in section 16B.122, subdivision 1, within the county
may not enter into a binding agreement governing a solid waste management activity that is
inconsistent with the county plan without the consent of the county.
(b) After a county plan has been approved under subdivision 1, the plan governs all solid waste
management in the county and a public entity, as defined in section 16B.122, subdivision 1, within
the county may not develop or implement a solid waste management activity, other than an
activity to reduce waste generation or reuse waste materials, that is inconsistent with the county
plan that the county is actively implementing without the consent of the county.
HIST: 1980 c 564 art 5 s 5; 1982 c 569 s 13; 1984 c 644 s 32,33; 1987 c 404 s 140; 1989 c 131 s 3; 1989 c 325 s 6; 1989 c
335 an 1 s 269; 1Sp 1989 c 1 art 20 s 3,4; 1991 c 337 s 15,16; 1995 c 247 art 1 s 8; art 2 s 12
115A.47 Repealed, 1995 c 247 art 2 s 55
115A.471 PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.
(a) Prior to entering into or approving a contract for the management of mixed municipal ,solid
waste which would manage the waste using a waste management practice that is ranked lower on
the list of preferred waste management practices in section 115A.02, paragraph (b), than the 'waste
management practice selected for such waste in the county plan for the county in which the waste
was generated, a public entity must:
(1) determine the potential liability to the public entity and its taxpayers for managing the waste
in this manner;
(2) develop and implement a plan for managing the potential liability; and
(3) submit the information from clauses (1) and (2) to the agency.
(b) For the purpose of this subdivision, "public entity" means the state; an office, agency, or
institution of the state; the metropolitan council; a metropolitan agency; the metropolitan mosquito
control district; the legislature; the courts; a county; a statutory or home rule charter city; a town;
a school district; another special taxing district; or any other general or special purpose unit of
government in the state.
HIST :' 1995 c 247 a 1 s 9
WASTE DELIVERY AGREEMENT
WITNESSETH:
Contract Number: A 19388
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 Environmental
Services, 417 North Fifth Street, Minneapolis, Minnesota 55401, hereinafter referred to as the
"Department ", and City of Hopkins, 11100 Excelsior Blvd., Hopkins, Minnesota 55343 hereinafter
referred to as the "Hauler ".
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
The Hauler agrees to furnish services to the County during the period commencing October 1,
1998, and terminating March 31, 2001.
II. 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 §6903
(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.
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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, non - burnable 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 "the Hennepin County Solid Waste System Operating Manual
F. Hennepin County Solid Waste System Operating Manual is the manual prepared by the
Department of Environmental Services which describes the procedures and requirements
for all haulers operating in Hennepin County including the use of the County's Facilities.
III. REPRESENTATIONS
A. Hauler Representations
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
1. The Hauler is a municipal corporation or other government entity duly organized and
validly existing under the law of the state of Minnesota and properly qualified to
do business under the laws of Minnesota, and is licensed to haul waste in Hennepin
County. The Hauler is doing business in Minnesota under the name City of Hopkins.
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.
IV. REGULATORY COMPLIANCE
The Hauler shall at all times operate its business of collecting, transporting, delivery, and
disposal of waste in compliance with all applicable federal, state, and local laws, rules,
regulations, ordinances and licenses, including but not limited to Hennepin County Ordinances
15 and 17.
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V. SCOPE OF SERVICES
A. Delivery of Acceptable Waste
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
1. The Hauler agrees to deliver to a County Facility, all Acceptable Waste generated in
Hennepin County that the Hauler collects, transports, manages, or disposes or arranges
for collection, transportation, management or disposal.
2. In the event the Hauler is unable to deliver a load of Acceptable Waste to a County
Facility due to events beyond the Hauler's control, such as, but not limited to,
extraordinary traffic congestion, a disabled vehicle transporting the load, or inclement
weather, the Hauler may contact the County by telephone to request a delivery waiver
from the County for that load of Acceptable Waste.
3. 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.
4. The Hauler agrees not to deliver any Unacceptable Waste to a County Facility.
5. The Hauler agrees that it will not mix any Unacceptable Waste with Acceptable Waste
collected in the County.
6. The Hauler agrees that it will, upon delivery of any waste to a County Facility, give the
facility operator a load report on a form 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.
7. The Hauler agrees to abide by the conditions of the Hennepin County Solid Waste
System Operating Manual.
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 if the waste contains Hazardous Waste or significant amounts of
Unacceptable Waste, including Acceptable Waste contaminated by Unacceptable
Waste.
2. If the facility operator has reasonable, 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.
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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. PAYMENT PROCEDURES
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
A. Payments shall be made in accordance with procedures provided in the Hennepin County
Solid Waste System Operating Manual.
B. The Hauler shall pay thirty -nine dollars ($39.00) per ton for Acceptable Waste delivered to
a County Facility, which will be less than the gate rate for non - contracted waste.
C. The Hauler will receive the lowest'rate given to any hauler who contracts with the County
for delivery of Acceptable Waste.
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 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
may or 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
officers, agents, contractors, or employees shall in no way be the responsibility of the County.
The Hauler shall defend, indemnify, and hold the County, its officers, agents, and employees
harmless from any and all such claims irrespective of any determination of any pertinent
tribunal, 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 care, sick and vacation
leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and
PERA.
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VIII. NON- DISCRIMINATION - 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. INDEMNIFICATION
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:
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.
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Contract Number: A 19388
WASTE DELIVERY AGREEMENT
XI. AUDIT
C. No Wavier of Immunities.
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
The County shall provide legal representation through the Hennepin County Attorney'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 counsel or 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.
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.
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, as
appropriate, or their designees, in accordance with the provisions of Minn. Stat. §16B.06, subd.
4 (1986).
XII. NON- ASSIGNMENT
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
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. If the Hauler is a Self - Hauler as defined in Hennepin County Ordinance Number 15
the Hauler may not under any circumstances assign, subcontract, transfer, or pledge this
Agreement and/or the services to be performed hereunder, whether in whole or in part. If the
Hauler attempts to assign, subcontract, transfer, or pledge this Agreement and/or the services to
be performed hereunder, whether in whole or in part, this Agreement will become immediately
null and void.
XIII. MERGER AND MODIFICATION
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 AND 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;
B. County Default
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
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
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 or statute.
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. TERMINATION
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
thirty (30) day period following notice of the default as provided in Article XV, Section C.
C. In the event the County anticipates a substantial loss of tons of Acceptable Waste delivered
to the County Facilities, the parties agree to renegotiate the price set forth in Section VI.B.
in good faith.
XVII. ADMINISTRATION OF AGREEMENT
In order to coordinate the services of the Hauler with the activities of the Department of
Environmental Services of the County so as to accomplish the purposes of this Agreement, the
director of the Department of Environmental Services, shall manage this Agreement on behalf
of the County and serve as liaison between the County and the Hauler.
XVIII. PAPER RECYCLING
XIX. NOTICES
Contract Number: A 19388
WASTE DELIVERY AGREEMENT
The. County encourages the Hauler to develop and implement an office paper and newsprint
recycling program.
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 Assistant County Administrator for
Public Service, Hennepin County, 300 Government Center A2307, Minneapolis, Minnesota
55487, with a copy to the originating Department 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. RENEWAL
This Agreement may be extended for an additional twelve months 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.
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Contract Number: A 19388
WASTE DELIVERY AGREEMENT
The Hauler, having signed this Agreement, and the Hennepin County Board of Commissioners
having duly approved this Agreement on August 4, 1998, 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.
Approved as to form and execution: COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Assistant County Attorney Chair of Its County Board
Date: And:
Assistant / Deputy / County Administrator
Date:
ATTEST:
Director, Dept. of Environmental Services Deputy /Clerk of the County Board
Date: Date:
CHECK ONE:
Hauler:
By:
Title :
By:
Title :
SEAL
Charter Option A Option B
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