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<br /> <br />Page 1 of 15 <br />Version 2022.1 Muni <br /> <br />MUNICIPAL MATERIALS MANAGEMENT AGREEMENT <br />This Municipal Materials Management Agreement (the “Agreement”) is made and entered into this ____day of <br />__________, 20__ (“Effective Date”), by and between the City of Little Canada, MN (“City”), and Allied <br />Waste Services of North America, LLC dba Republic Services of the Twin Cities, a Delaware limited liability <br />company, qualified to do and actually doing business in the State of Minnesota (“Company”). <br />RECITALS <br /> WHEREAS, City desires that Company provide Services as defined herein for the Location Types as set <br />forth in this Agreement and Company desires to do so, all in accordance with the terms of this Agreement. <br /> NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this <br />Agreement, the parties agree as follows: <br />TERMS AND CONDITIONS <br />1. Sole and Exclusive Franchise. Company is hereby granted the sole and exclusive franchise, license, and <br />privilege to provide for the collection and disposal of all conforming Waste Material (as defined in <br />Exhibit A) for the following types of locations (“Location Types”) within the territorial jurisdiction of <br />the City (the “Services”): <br />Location Types <br />X Residential Units Large Commercial Units <br /> Small Commercial Units Industrial Permanent Units <br /> <br />X Municipal Facilities Industrial Temporary Units <br />2. Newly Developed Areas. If the City develops new areas (of the same Location Types as designated <br />above) within the City’s territorial jurisdiction during the Term of this Agreement, such areas shall <br />automatically be subject to this Agreement. The City shall provide Company with written notification of <br />such newly developed areas, and within thirty (30) days after receipt of such notification, Company <br />shall provide the Services as set forth in this Agreement in such newly developed area(s). If the City <br />annexes any new areas that it wishes for Company to provide the Services, the Parties shall negotiate a <br />mutually acceptable amendment to this Agreement adding such annexed areas to the scope of the <br />Services and setting forth the rates that will apply for the Services in such area(s). <br />3. Scope of Services. Company shall furnish all equipment, trucks, personnel, labor, and all other items <br />necessary to perform the Services. The Services shall not include the collection, disposal, or recycling of <br />any Excluded Waste or Waste Material located at any Location Type not designated above, or any <br />Waste Material/Service Types not designated in any exhibit attached hereto. <br />4. Out of Scope Services May Be Contracted for Directly with Customers. Company may provide <br />collection and disposal or recycling service within the territorial jurisdiction of the City for any Waste <br />Material and/or Location Types that are outside the scope of this Agreement pursuant such terms and <br />conditions as may be mutually agreed upon by Company and such Customers. Such services and <br />agreements are outside the scope of this Agreement, and this Agreement does not require such <br />Customers to use Company for such services, but they may do so at their discretion. The City agrees