02-23-2022 Council Packet - Laserfiche WebLink

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Classified as Confidential-External FIRST AMENDMENT TO LITTLE CANADA REFUSE & RECYCLING SERVICE CONTRACT This First Amendment (the “Amendment”) is entered into as of 1st January, 2022 (the “Effective Date”) and is made to the Little Canada Refuse & Recycling Service Contract (the “Agreement”), by and between CITY OF LITTLE CANADA, a municipal corporation in the County of Ramsey (hereinafter referred to as “City”) and ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, DBA REPUBLIC SERVICES OF THE TWIN CITIES (“Republic”), a Minnesota corporation, and GENE’S DISPOSAL, INC., a Minnesota corporation, and WASTE MANAGEMENT OF MINNESOTA, INC. (referred to individually as a “Contractor” and collectively referred to as “Contractors”). WHEREAS, the City and Contractor had entered into the Agreement for the collection and disposal of garbage and rubbish, and recyclables by the group of licensed haulers comprising of the Contractor, from the residences in the City of Little Canada; and WHEREAS the City and each Contractor now desire to enter into this Amendment to modify certain terms of the Agreement as of the Effective Date. NOW THEREFORE, for and in consideration of the mutual covenants and terms contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor agree as follows, 1. Except as specifically provided in this Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. In the event of any conflict between this Amendment and the Contract, the terms and conditions of this Amendment shall govern and control. 2. Section II Term: The term of the Contract is hereby extended for an additional three (3) years term until December 31, 2025 (“Renewal Term”). After the Renewal Term, Contract may be renewed subject to mutual agreement among the parties for an additional two (2) years term. 3. Christmas Trees shall be removed by the Contractor in the 1st and 2nd first full weeks of the new year and Contractor will canvas the city to pick up all trees set out. 4. Contractor agrees to provide walk-up service to disabled residents for no additional charge. All such requests shall be reviewed by the City and upon approval, the City shall notify the hauler. 5. Attachment A of the Contract shall be replaced with the Attachment attached hereto as Attachment A-1, which reflects a 2% Annual Price Adjustment to the rates specified in Attachment A to the Agreement. 6. Attachment B of the Contract shall be replaced with the Attachment attached hereto as Attachment B-1. 7. No joint and several liability among Contractors. Each Contractor shall not be liable for any of the obligations or liabilities of another Contractor. Under no circumstances shall the obligations or liabilities of one Contractor be considered joint and several with the obligations or liabilities of any other Contractor. 8. All initially capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Contract. 9. This Amendment and the Contract embody the entire agreement between the City and Contractor relative to the subject matter hereof and thereof.