01-08-2025 Council Packet - Laserfiche WebLink

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FIRST AMENDMENT TO MUNICIPAL MATERIALS MANAGEMENT AGREEMENT THIS FIRST AMENDMENT TO MUNICIPAL MATERIALS MANAGEMENT AGREEMENT (this “First Amendment”) is entered into as of January 8, 2025 (the “Effective Date”), the City of Little Canada, MN (“City”), and Allied Waste Services of North America, LLC, dba Republic Services of the Twin Cities, a Delaware limited liability company, (“Republic”). RECITALS WHEREAS, the City and Services entered into that Municipal Materials Management Agreement dated December 18, 2024, for the collection and disposal of garbage, yard waste, and bulky items (“Agreement”); and WHEREAS, the City and Republic desire to enter into this First Amendment to modify certain terms of the Agreement; and NOW THEREFORE, in consideration of the mutual promises and covenants contained in this First Amendment and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties covenant and agree as follows: 1. Section 20 of the Agreement is hereby repealed and replaced as follows: 20. Performance Bond. The Company shall provide a performance bond in the case of the Company's failure to perform contracted services. The performance bond shall be for a minimum of 25% of the Company’s anticipated annual revenue, with the amount modified on an annual basis. (For example, in 2025, anticipated annual revenue for all accounts should total $245,768 with an annual performance bond of $61,442.00.) The responsibility for renewal is the responsibility of the Company. The performance bond shall be executed by a corporate surety co mpany authorized to do business in the State of Minnesota. This Agreement shall be subject to termination by the City at any time if the performance bond shall be cancelled for whatever reason. 2. Except as provided for above, the terms and provisions of the Previous Approvals shall remain in full force and effect. 3. This First Amendment and all disputes or controversies arising out of or relating to this First Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 4. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise, or of the maximum liability limits provided by Minnesota Statutes, Chapter 466.