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IV.4. Approval of Contract Extension with Republic Services for Residential Curbside Recycling Services for 2026 to 2031 Term; Pavek CITY OF HOPKINS City Council Report 2026-039 To: Honorable Chair and Board Members Mike Mornson, City Manager From: Lizzie Miller, Public Works Administrative Assistant Date: April 7, 2026 Subject: Approve Contract Extension with Republic Services for Residential Curbside Recycling Services for 2026-2031 Term RECOMMENDED ACTION MOTION TO approve contract extension with Republic Services for residential curbside recycling services for 2026-2031 term. OVERVIEW The City of Hopkins has partnered with Republic Services for residential curbside recycling services since 2021. The current contract is set to expire April 30, 2026. The current contract allows for an additional five-year term. The City has experienced an overall positive working relationship with Republic Services and hope to continue this relationship in the future. Below are the prices per dwelling unit per month proposed by Republic Services for the next five-year term. 2026 2027 2028 2029 2030 64 Gallon Recycling Cart $5.57 $5.79 $6.02 $6.26 $6.51 32 Gallon Organic Cart $6.10 $6.34 $6.59 $6.85 $7.12 After reviewing the contract extension submitted on behalf of Republic Services, staff recommends approving the contract with Republic Services for residential curbside services for the 2026-2031 term. SUPPORTING INFORMATION • 2021-2026 Contract from Republic Services • Draft of Contract Extension Public Works SECOND AMENDMENT TO RESIDENTIAL RECYCLING SERVICE CONTRACT The Second Amendment to Residential Recycling Service Contract (this "Amendment") is dated effective the 1st day of May 01 2026 (the "Effective Date"), between Allied Waste Services of North America, LLC, ("Contractor") a Minnesota corporation qualified to do and actually doing business in the state of Minnesota, DBA Republic Services of the Twin Cities — Eden Prairie and City of Hopkins ("City") (collectively referred to herein as the "Parties" and individually as a "Party"). WHEREAS, Contractor and City are parties to Residential Recycling Service Contract dated May 01, 2021 (hereinafter referred to as "Contract") to provide certain services in accordance with the Contract; AND WHEREAS, the Parties now desire to amend certain terms of the Contract which shall take effect from May 1", 2026. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree to the following terms and conditions: 1. Definitions: Following definition needs to be added at the end of this section: "Organics: Food waste, non-recyclable paper, and other targeted compostable household organic materials that arc source separated for recovery. The term Organics does not include Yard Waste for purposes of this Contract." 2. Section 3.1, Collection: Following words need to be added at the end of this section: "Contractor shall provide the weekly collection services of Organics from each Residential Unit and residents may request Carts from the City for such services." 3. Section 8, Term: Following changes need to be added to this section: “This Contract shall commence on May 1, 2026 and remain in effect through April 30, 2031. The parties may agree to extend this Contract by mutual written agreement 4. Section 11. Service Fees: The Contractor's service fees for Recycling and Organic collection is as follows: 2026 2027 2028 2029 2030 64 Gallon Recycling Cart $5.57 $5.79 $6.02 $6.26 $6.51 32 Gallon Organic Cart $6.10 $6.34 $6.59 $6.85 $7.12 5. Except as specifically provided in this Amendment, each and every provision of the Contract, as amended through the date hereof, remains, and is, in all respects, in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed these presents for the purposes herein contained the day and year stated below: Allied Waste Services of North America, LLC DBA Republic Services of the Twin Cities-Eden Prairie By: ____________________________ Date: ____________ Name: __________________________ Title: ___________________________ City of Hopkins By: ____________________________ Date: _____________ Name: __________________________ Title: ___________________________ RESIDENTIAL RECYCLING SERVICE CONTRACT This Residential Recycling Service Contract (the "Contract") is made and entered into this _____ day of , 2021 ("Effective Date"), by and between the City of Hopkins, Minnesota ("City"), and Allied Waste, Inc, ("Contractor"), a Minnesota corporation qualified to do and actually doing business in the State of Minnesota, DBA Republic Service of the Twin Cities — Eden Prairie. RECITALS WHEREAS, the City desires that the Contractor provide Single Stream Recycling Services ("Services") as defined and set forth in the terms of this Contract; and WHEREAS, the Contractor desires to enter into a Contract with the City with respect to such Services; and WHEREAS, pursuant to appropriate action heretofore taken, the City has determined the Contractor to be qualified to carry out the terms of this Contract; and WHEREAS, the Service fees proposed by the Contractor are acceptable to the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Contract, the parties agree as follows: DEFINITIONS 1. Place or Premises: Place or premises shall mean any dwelling house, dwelling unit, multiple dwelling, building, and every other place or premises where any person resides within the City. 2. Residential Unit: Residential unit as used herein shall mean any structure in which one or more persons reside in up to four dwelling units. 3. Person: Person shall mean and include any natural person, corporation, firm or association. 4. Multiple Residences: Multiple Residences shall mean any single structure containing five (5) or more dwelling units. 5. Unacceptable Materials. Unacceptable Materials are: 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; and/or Unacceptable Materials identified in Exhibit A. 6. 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. 7. Holidays: Holidays observed by the City of Hopkins are New Year's Day, Martin Luther King Jr Day, President's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving, Friday after Thanksgiving, and Christmas Day. Page 1 of 12 TERMS AND CONDITIONS 1. Sole and Exclusive Franchise. 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. 2. Newly Developed Properties. If the development of new properties occurs which are qualified as a City-Service area during the term of this Contract, such properties shall automatically be subject to this Contract. The City shall provide Contractor with written notification of such newly developed properties, and within thirty (30) days after receipt of such notification, Contractor shall provide the Services as set forth in this Contract for such newly developed property(s). If the City annexes any new areas that it wishes for Contractor to provide the Services, the parties shall negotiate a mutually acceptable amendment to this Contract adding such annexed areas to the scope of the Services and setting forth the rates that will apply for the Services in such area(s). 3. Scope of Services. The Contractor shall collect single stream recyclables from all residential City- Service areas and those identified in Exhibit B as follows: 3.1 Collection: The Contractor will provide the collection of single stream Acceptable Recyclables (as set forth in Exhibit A) from each dwelling unit every other week. 3.2 Containers: The Contractor will provide equipment ("Carts") for collection of all recyclables to each dwelling unit. The cost of providing, maintaining, and replacing the Carts will be built into the unit rate. All Carts used to perform the Services under this Contract shall remain the Contractor's property and therefore the Contractor shall be responsible for the maintenance and replacement of damaged Carts. If Carts are damaged due to the Customer's own intentional misconduct, Contractor may charge the costs for repair back to the customer. The City and customers shall use the Carts only for its proper and intended purpose and shall not overload (by weight or volume) or alter the Carts. Contractor shall maintain sufficient Cart inventory of various sizes to meet supply and demand needs for the entire term of Contract. 3.3 The standard Cart shall be sixty-four (64) gallons. They shall be uniform and consistent in color and design, have a recycling symbol and an approved instruction label imprinted on the Cart so as to be easily identified by the customer and the Contractor's driver as the container for recyclable material collection. 3.4 Upon request, thirty-two (32) and ninety-six (96) gallon Carts of same design shall be provided at no extra cost. 3.5 Upon request, additional Carts shall be provided at no extra cost. 3.6 Contractor shall provide, at no charge, Carts or dumpsters and weekly or bi-weekly collection service of single stream materials to Hopkins municipal buildings including, but not limited to: Page 2 of 12 Location Name Address Size Type Service day/frequency City Hall / Police Dept 1010 1' St S 3-yard dumpster Single stream recycling Wednesday/every week Public Works 11100 Excelsior Blvd (2x) 96-gallon Carts Single stream recycling Monday/every other week Public Works 11100 Excelsior Blvd 4-yard dumpster Cardboard only Wednesday/every week Pavilion 11000 Excelsior Blvd (4x) 96-gallon Carts Single stream recycling Monday/every other week Fire Dept 101 17th Ave S 3-yard dumpster Single stream recycling Wednesday/every week Activity Center 33 14th Ave N (3x) 96-gallon Carts Single stream recycling Monday/every other week Depot Coffee House 9451 Excelsior Blvd 2-yard dumpster Single stream recycling Thursday/every week Center for the Arts 1111 Mainstreet (3x) 96-gallon Carts Single stream rec2.cling Monday/every other week Maetzold Field 1215 1' St N (8x) 96-gallon Carts Single stream recycling Delivered in May & serviced every other Monday; removed late fall Other city facilities or parks may be added by agreement between the City and Contractor. 3.7 The Contractor shall provide free carted refuse service during the Raspberry Festival. Contractor will place approximately 126, 64-gallon Carts along parade route in locations designated by the City, no later than noon on Friday. 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. 3.8 The Contractor shall provide municipal solid waste and demolition/construction waste containers, transportation and disposal for the City's Spring & Fall Drop Off events. Contractor will provide containers before noon on Friday, to be exchanged before 9am Saturday morning, and removed the following Monday morning. City pays disposal cost plus any applicable taxes and fees. 3.9 Most residential recycling collection will occur at the same location as the dwelling's refuse is collected, which is 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. Carts and dumpsters for municipal-building recycling collection shall be placed at agreed upon specific locations as determined by the City and Contractor. All Carts and dumpsters shall be returned to the specific location after completion of collection. 3.10 For those residents who provide the City with acceptable documentation of impaired physical ability, Carts will be serviced via walk-up. For walk-up service, the Cart must be located next to the house or garage. 3.11 For Multiple Residences, Carts are to be located at each property's designated area(s). 3.12 The Contractor shall make every effort to maintain established scheduled pick-ups even though conditions such as weather may be adverse. Carts shall be handled with reasonable care to avoid damage and are to be replaced in an upright position. Any contents spilled by Contractor during collection 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. Page 3 of 12 3.13 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 scheduled pickup 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. Missed collections do not include carts not collected due to Unacceptable Materials or inaccessible carts. 3.14 Penalties for Missed Collections and Non-Completion of Collection Routes: 3.14.1 Reported and verified missed collections not picked up by 4:00 p.m. on the business day following the day of the reported missed collection: $20.00 each. If after receiving notice of a missed collection location, and once verified, 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 location and invoicing the Contractor $50.00. This penalty is in addition to the above-mentioned $20.00 penalty. 3.14.2 Collection routes not completed by 7:00 p.m. on the scheduled collection day: $1,000 per occurrence. This penalty shall not apply if the Contractor provides notice of the delay by 4:00pm on the scheduled pickup day and the Solid Waste Coordinator or his/her designee has approved the delay 3.14.3 Failure to complete a majority (50%) or more of pickups within a collection route on the scheduled collection day: $2,500 per occurrence. This penalty shall not apply if the Contractor provides notice of the delay by 4:00pm on the scheduled pickup day and the Solid Waste Coordinator or his/her designee has approved the delay 3.14.4 The City shall invoice Contractor for the full amount of any penalties as described in Section 3.14. 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. 3.14.5 Contractor shall have the ability to appeal an assessment of penalties to the City Council. 3.14.6 Exceptions: For purposes of this contract, the Contractor shall not be deemed to be liable for damages where its inability to perform Services is the result of conditions beyond the control of the Contractor as described in Section 26 as well as inclement weather severe enough that trucks either cannot make collections or are substantially slowed in their collections. 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 Services because of inclement weather or factors described in Section 26 , then the Contractor shall have five (5) days (excluding Saturdays, Sundays, and those Holidays defined in this contract) to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any Premise not so serviced. 3.15 Customer Complaints: The City will notify the Contractor of all complaints received. The Contractor is responsible for corrective actions and shall answer all complaints courteously and promptly. 3.16 Contractor shall provide personnel to receive complaints and answer questions via telephone or email between the hours of 7:30 a.m. and 5:00 p.m. weekdays, except Holidays as defined in this contract. Contractor shall be responsible for communicating with the Solid Waste Coordinator, or his/her designee, for any delay in collection. Page 4 of 12 3.17 Unacceptable Materials: No person shall be permitted to deposit Unacceptable Materials, as defined in Exhibit A, into a Cart. The Contractor shall not be required to collect recyclables that includes Unacceptable Materials. If loads of co-mingled recyclable materials do not meet Contractor's specifications, Contractor shall have the right to reject the load in whole or in part, dispose of the contaminated load (i.e., landfill disposal) and impose additional reasonable charges on Customer. The Contractor shall leave an "education tag", as further described in Section 4, provided by the Contractor attached to the handle of the Cart explaining the reason for non-collection and listing acceptable materials. The driver shall record the addresses and submit them to the Contractor, who will notify the City's Solid Waste Coordinator of the addresses no later than noon the following day. 3.18 Materials Outside Cart: The Contractor shall collect all recyclable materials which are acceptable and properly prepared which are set outside the cart. If a property is identified by the Contractor as repeatedly having recyclables outside the Cart, the Contractor may require the resident to have a larger or additional Cart. 3.19 Inaccessible Carts: If the Cart is not accessible so that the regularly scheduled pick-up cannot be made, such material will not be collected until the next regularly scheduled pick-up. The Contractor shall leave an "education tag", as described in Section 4, provided by the Contractor attached to the handle of the Cart explaining the reason for non-collection, and instructing on proper Cart placement. The City may contact the Contractor and request a return to the property. If the Contractor receives such request from the City after 12:00 p.m., Contractor will pick up collection no later than 4:00 p.m. the following business day at no charge. If a property is identified by the Contractor as a repeat offender, a fee may be applied to the customer for the return trip. 3.20 The City shall not discontinue collection of any material listed as a recyclable, nor divert, retract, or withdraw any recyclables listed in Exhibit A 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 Exhibit A shall be made upon the mutual agreement of City and Contractor. 3.21 The parties acknowledge that maintenance of the quality of the recyclables is a requirement of this Contract. City shall use reasonable efforts to inform its residents of the quality requirements and enforce its standards for the acceptance of recyclables. 3.22 Title to recyclables provided is transferred to Contractor upon Contractor's collection. Title to and liability for unacceptable materials shall remain with customer at all times. 6. 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 route drivers. An "education tag" will remind customers of what are Acceptable and Unacceptable Materials as defined in Exhibit A, or communicate other issues, such as Cart placement or accessibility. The Contractor shall reimburse the City annually for the actual cost, up to $3,000 per year, of providing a calendar to each dwelling unit in the City. The Contractor shall request approval of the education-marketing piece from the Solid Waste Coordinator prior to printing. If the $3,000 annual reimbursement amount has not been spent, Solid Waste Coordinator may have 150 extra printed pieces for additional distribution. 7. Reporting Requirements. By the end of January each year, the Contractor will provide an annual tonnage report for materials collected in the year prior. At a minimum, the Contractor shall include the following information: Total quantities of recyclable materials collected, monthly and net, by material type, in tons. Page 5 of 12 • Total quantity of Residual collected, monthly and net, in tons. • Participation Rates 8. Collection l quipment. The Contractor shall provide all equipment necessary for collection, transportation and disposal of recyclables. All trucks shall be designed such that 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, a two-way communication device, and the Contractor's name and website prominently displayed on both sides of the vehicle, along with signs on the back of the vehicle indicating the vehicle makes frequent stops. Notwithstanding any exemptions that may apply, it shall be the Contractor's sole responsibility to comply with all road weight restrictions. The Contractor shall immediately inform the City of any notices of non-compliance. The City retains the right to inspect or weigh the Contractor's trucks at any time upon reasonable advanced notice. The City will ensure that such inspection or weighing does not interfere with Contractor's ability to perform the Services hereunder. 9. Term. This Contract shall commence on May 1, 2021 and remain in effect through April 30, 2026. The parties may agree to extend this Contract by mutual written agreement 10. Renegotiations. The parties do hereby agree to discuss with each other any suggested changes or amendments to this Contract in order to minimize or eliminate inequities that may arise and be found to exist in the strict performance of the provisions of this Contract. Any amendment, modification or change of any provision of this Contract must be in writing signed by both parties. 11. Service Fees. The Contractor's service fees for recyclables collection shall be determined in accordance with the fee schedule below: Year 1 (2021) Year 2 (2022) Year 3 (2023) Year 4 (2024) Year 5 (2025) 32, 64, or 96 Gallon Cart $4.85 $5.02 $5.20 $5.38 $5.57 This schedule will be in effect during the period of May 1, 2021 until April 30, 2026. In the event the Contractor should incur any actual increases in government taxes or fees, the City agrees to negotiate with the Contractor to address the difference through a rate increase. This includes, but is not limited to processing fees, disposal of excess residue and items that are removed from the recycling stream. 12. Invoicing the City. The City shall invoice and collect from all dwelling units for Services provided by Contractor pursuant to this Contract. The City shall report to Contractor by the 5th of each month a list of addresses subject to this Contract that have been billed for Services by the City. Contractor shall invoice the City for the number of addresses that were billed by the City within fifteen (15) days of receiving the City's address count each month, and the City shall pay Contractor's invoices in accordance with Section 11. 13. Payment. The City shall pay each of Contractor's invoices within thirty (30) days of receipt of Contractor's invoice. The City shall pay Contractor's invoices in full irrespective of whether or not the City collects from the Customers for such Service. Payments not made on or before their due date may be subject to late fees. If the City withholds payment of a portion or entire invoice and it is later determined that a portion or all of such withheld amount is owed to Contractor, such amount shall be subject to the late fees provided herein from the original due date until paid. 14. Suspension at Direction of City. If the City wishes to suspend or discontinue Services to a Customer for any reason, the City shall send Contractor a written notice (email is acceptable as long as its receipt is acknowledged by Contractor) identifying the Customer's address and the date the Services should be Page 6 of 12 suspended or discontinued. In the event of Service suspension, the City shall provide additional email notification to Contractor if/when it wishes to reactivate the suspended Services. Upon receipt of a notice of reactivation, Contractor shall resume the Services on the next regularly scheduled collection day. The City shall indemnify, defend, and hold Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorneys' fees) resulting from the suspension of discontinuation of any Services at the direction of the City. 15. Audits. 13.1 Audit of City Billings. With respect to any Services in which the Contractor's billing is dependent upon the City's reporting of the number of addresses subject to this Contract, the City shall perform an audit at least once each year to confirm that all addresses receiving Services under this Contract are actually being billed by the City and that the City's reporting on such addresses is accurate. The City shall share all findings and documentation with respect to such audits with Contractor. In addition to the foregoing, Contractor shall be permitted to conduct its own address counts using manual counts and/or official parcel maps. 13.2 Audit of Contractor Records. The City may request and be provided with an opportunity to audit any relevant and non-confidential records of Contractor that support the calculations of charges invoiced to the City under this Contract within the ninety (90) day period before the audit request. Such audits shall be paid for by the City and shall be conducted under mutually acceptable terms at Contractor's premises in a manner that minimizes any interruption in the daily activities at such premises. 13.3 Discrepancies. If at any time the Contractor or City become aware of a discrepancy between the number of addresses being billed and the number of addresses being serviced, parties agree to negotiate in good faith to establish the correct numbers to ensure accurate billing and payment. 16. Contract Termination. If either party breaches any material provision of this Contract and such breach is not substantially cured within thirty (30) days after receipt of written notice from the non-breaching party specifying such breach in reasonable detail, the non-breaching party may terminate this Contract by giving thirty (30) days written notice of termination to the breaching party. However, if the breach cannot be substantially cured within thirty (30) days, the Contract may not be terminated if a cure is commenced within the cure period and for as long thereafter as a cure is diligently pursued. Upon termination, the City shall pay Contractor only such charges and fees for the Services performed on or before the termination effective date and Contractor shall collect its equipment within seven (7) business days from date of termination. The Contractor shall have no further obligation to perform any Services under this Contract. 17. Compliance with Laws. Contractor warrants that the Services will be performed in a good, safe and workmanlike manner, and in compliance with all applicable federal, state, county and municipal laws, rules, regulations, and permit conditions relating to the Services, including without limitation any applicable requirements relating to protection of human health, safety, or the environment ("Applicable Law"). Contractor reserves the right to decline to perform Services, which, in its judgment, it cannot perform in a lawful manner or without risk of harm to human health, safety or the environment. 18. Non-Discrimination. Contractor shall not discriminate against any person because of race, gender, age, creed, color, disability, religion or national origin in its performance of Services under this Contract. 19. 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, religion, sex, or national origin. The Contractor shall take affnmative action to insure that applicants for Page 7 of 12 employment are qualified, and that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. 20. Licenses and Taxes. Contractor shall obtain all licenses and permits (other than the license and permit granted by this Contract) and promptly pay all taxes required by the City, County, and State. 21. 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, siding, or recycling Carts, which are damaged by the Contractor. Such property damage shall be addressed for repair or replacement, at no charge to the property owner or City, within timeframe agreed upon by resident, City, and Contractor with replacement. 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 thirty (30) days of receipt of the City invoice. Company shall not be responsible for any damages to any pavement, curbing, or other driving surfaces resulting from Company's providing the Services under this Agreement, unless caused by Company's negligence or willful misconduct. 22. Street Improvements. This Contract is subject to the right of the State of Minnesota, Hennepin County, and/or the City to improve its highways, streets, and public ways. The Contractor accepts the risk that such improvements may prevent the Contractor from traveling its accustomed route or routes for performing Services. 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. 23. 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. 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 City Council. 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 mariner 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. 24. 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. • Drive in a safe and considerate manner. • Manage Recycling Containers in a careful manner. Page 8 of 12 • 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. 25. Indemnification. Any and all claims that arise or may arise against the Contractor, its officers, agents, employees, or contractors as a consequence of any negligent or willful misconduct the Contractor or its officers, agents, employees, or contractors while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless, and defend the City, its officials, agents, and employees against any and all liabilities, losses, costs, damages, expenses, claims or actions, including attorneys' fees, which the City, its officials, agents, contractors, or employees may hereafter sustain, incur, or be required to pay, to the extent arising out of or by reason of any negligence or willful misconduct of the Contractor, its officers, agents, contractors or employees, in the execution, performance, or failure to adequately perform the Services or any other of the Contractor's obligations under this Agreement. 26. Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against the City, or its officers or employees, shall be subject to the maximum liability limits provided in Minnesota Statutes, section 466.04. 27. Insurance. During the Term of this Contract, Contractor shall maintain in force, at its expense, insurance coverage with minimum limits as follows: Workers' Compensation Coverage A Coverage B - Employers Liability Automobile Liability Bodily Injury/Property Damage Combined — Single Limit Pollution Liability Endorsement Commercial General Liability Bodily Injury/Property Damage Combined — Single Limit Statutory $1,000,000 each Bodily Injury by Accident $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each occurrence Bodily Injury by Disease $3,000,000 Coverage is to apply to all owned, non-owned, hired and leased vehicles (including trailers). MCS-90 endorsement for pollution liability coverage $2,500,000 each occurrence $5,000,000 general aggregate All such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by City. Contractor shall furnish City with a certificate of insurance evidencing that such coverage is in effect. Such certificate will also provide for thirty (30) days prior written notice of cancellation to the City, show the City as an additional insured under the Automobile and General Liability policies, and contain waivers of subrogation in favor of the City (excluding Worker's Compensation policy) except with respect to the sole negligence or willful misconduct of City. 26. Force Majeure. Neither the City nor the Contractor shall be considered in default in performance of its obligations under this Contract if performance of such obligations is prevented or delayed by acts of God, Page 9 of 12 natural or man-made disaster, civil unrest, terrorism, war, pandemic, or any similar unforeseen event, or other events beyond the reasonable control of the City or the Contractor. Time of performance of either party's obligations under this Contract shall be extended by the time period reasonably necessary to overcome the effects of such occurrences, provided, however, that once the parties have mutually agreed that such occurrences or conditions have been alleviated or eliminated to permit performance of their duties, the non- performing party or parties, whichever the case may be, shall have five days (excluding Saturdays, Sundays, and those Holidays defined in this contract) to perform such duties. In the event the Contractor fails to perform within the five (5) business days, Contractor shall be subject to all damage claims, including but not limited to those expressly identified in this Agreement. Labor disruptions shall not be considered beyond the reasonable control of the Contractor. 27. Dispute. Venue, and Choice of Law. 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. 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. 28. Data Practices. This Agreement, and all data created, collected, received, stored, used, maintained or disseminated in connection with this Agreement is subject to the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13). 29. Access to Records. Subject to the requirements of Minnesota Statutes, section 16C.05, subd. 5, The Contractor must allow the City, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to the Contractor's books, records, documents, and accounting procedures and practices that are pertinent to all services provided under this Agreement for a minimum of six (6) years from the termination of this Agreement. 30. Miscellaneous. (a) This Contract represents the entire Contract between the Parties and supersedes all prior Contracts, whether written or verbal, that may exist for the same Services; (b) Contractor shall have no confidentiality obligation with respect to any collected materials (c) Neither party shall assign this Contract in its entirety without the other Party's prior written consent, which consent shall not be unreasonably withheld. This Contract shall be binding upon and inure solely to the benefit of the Parties and their permitted successors and assigns; (d) Contractor may provide any of the Services covered by this Contract through any of its affiliates or subcontractors, provided that Contractor shall remain responsible for the performance of all such services and obligations in accordance with this Contract; (e) No intellectual property rights in any of Contractor's IP are granted to City under this Contract; (f) All provisions of the Contract shall be strictly complied with and conformed to by the Parties, and this Contract shall not be modified or amended except by written Contract duly executed by the undersigned parties; (g) If any provision of this Contract is declared invalid or unenforceable, it shall be modified so as to be valid and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Contract. In either case, the validity and enforceability of the remaining provisions of this Contract shall not in any way be affected thereby; (h) Failure or delay by either party to enforce any provision of this Contract will not be deemed a waiver of future enforcement of that or any other provision. 31. Exhibits. All Exhibits attached this Contract are an integral part of the Contract and are incorporated herein. Exhibit A Specifications & Pricing for Recycling Services Exhibit B Multiple Residences Included in the Contract Page 10 of 12 IN WITNESS HEREOF, the parties have entered into this Contract as of the date first written above. CITY OF HOPKINS ALLIED WASTE By : 4E1 Lce-ofc- 14 4 &NS ake/P:tf Title: Date: ____________________________________ Date: 4-7 By: Name: Mike Morrison Title: City Manager, City of Hopkins Date: ______________________________ Title: Mayor. City of Hopkins Page II of 32 EXHIBIT A SPECIFICATIONS & PRICING FOR RECYCLING SERVICES 1. Recycling Services Definitions. 1.1 "Recyclable Materials" are used and/or discarded materials that are capable of successful processing and sale on the commodity market. 1.2 "Acceptable Material" means the materials listed in Section 6 below. 1.3 "Unacceptable Material" means the materials listed in Section 7 below. All Recyclable Materials collected for delivery and sale by Contractor shall be hauled to a processing facility selected by Contractor for processing ("Recycling Services"). 2. City's Duty. City shall make a commercially reasonable effort to educate its Customers regarding Acceptable and Unacceptable Materials and to encourage its Customers to place only Acceptable Materials in their recycling containers. 3. Collection and Processing. City shall pay Contractor the rate agreed to in Section 9 of Contract for the collection and processing of Recyclable Materials from dwelling units and municipal facilities as directed by the City. City's collection and processing rate assumes that, on average, City's Recyclable Material consists of no more than 20% Unacceptable Material (the "Unacceptable Material Threshold"). 4. Ristht to Inspect/Audit. Contractor may visually inspect the collected Recyclable Materials to ensure loads are at or below the Unacceptable Material Threshold. If Contractor's visual inspector determines that loads of Recyclable Material are consistently above the Unacceptable Material Threshold, Contractor will notify City of the issue and the parties agree to promptly negotiate in good faith (a) an agreed upon procedure to audit a representative sample of City's Recyclable Material to determine its actual composition of Unacceptable Material; and (b) an updated collection and processing rate commensurate with the composition of Unacceptable Material. 5. Changes in Market Conditions. If market conditions develop that limit or inhibit Contractor from selling some or all of the Acceptable Material, Contractor may at its option and upon notice to City (i) redefine Acceptable and Unacceptable Materials, (ii) suspend or discontinue any or all Services, or (iii) dispose of the Acceptable Material (as currently defined) in a landfill and update the pricing to City accordingly. Any such actions, if taken, may be reversed or further changed as market conditions dictate. 6. Acceptable Material. All material must be empty, clean and dry. Contractor may modify the following list of Acceptable Materials in its sole and absolute discretion but will provide City with at least thirty (30) days' prior written notice of any such modifications. • Aluminum food and beverage containers • Tin and Steel Cans - soup, coffee cans, etc. • P.E.T. plastic containers with the symbol #1 - no microwave trays • H.D.P.E. natural plastic containers with the symbol #2 - milk jugs and water jugs containers only (narrow neck containers) • H.D.P.E. pigmented plastic containers with the symbol #2 - detergent, shampoo, bleach bottles without caps (narrow neck containers); butter and margarine tubs • Polypropylene plastic food and beverage containers symbol #5 - yogurt containers • Mixed Paper (54), as defined in the most recent ISRI Scrap Specifications Circular • Sorted Residential Paper and News (56), as defined in the most recent ISRI Scrap Specifications Circular • Kraft Paper Bags • Old Corrugated Containers (OCC) - no wax coated • Magazines (OMG) - Coated magazines, catalogues and similar printed materials, junk mail, and soft cover books • Aseptic Cartons - Juice boxes, gable-top milk and juice containers (i.e. soy milk and soup cartons) • Glass food and beverage containers - Flint (clear), Amber (brown), Emerald (green) 7. Unacceptable Material. Contractor may modify the following list of Unacceptable Materials in its sole and absolute discretion but will provide City with at least thirty (30) days' prior written notice of any such modifications. • Yard Waste • Styrofoam • Pizza Boxes, unless free of any food or grease residue • Food • Any liquids • Diapers • Clothing/textiles • Plastic Bags or bagged material (newsprint may be placed in a Kraft bag) • Plastic containers with #3, #4, #6, or #7 on them or no # at all • Mirrors, window or auto glass, light bulbs, ceramics • Oil or antifreeze containers • Coat hangers • Paint cans • Medical Waste/Sharps • Any Acceptable Material that is no longer acceptable due to its coming into contact with or being contaminated by Unacceptable Material. Exhibit B — Multiple Residences Included in this Contract The following addresses are included in the City's contract for curbside recycling service, but do not have City garbage service: Auburn North 400-446 Van Buren Place N 501-509 Van Buren Terrace 600-660 Van Buren Trail 700-747 Van Buren Way N Auburn South 610-614 Oak Park Ln 616-622 Oak Park Ln 701 Oak Park Ln 336, 338, 342 & 344 Tyler Ave N Citi2ables 1101-1127 1" St S Peace Vallee 706- 746 9th Ave S 902- 932 7th St S 808 Mainstreet 1005 Mainstreet 3675 Oakton Ridge 3679 Oakton Ridge 3683 Oakton Ridge 3701 Oakton Ridge 3705 Oakton Ridge (15 units) (5 units) (41 units) (41 units) (3 units) (4 units) (30 units) (4 units) (14 units) (18 units) (14 units) (2 units) (2 units) (1 unit) (1 unit) (1 unit)