HomeMy WebLinkAboutResolution 8728 RESOLUTION 8728
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH SIMPLE RECYCLING FOR FREE RESIDENTIAL CURBSIDE PICKUP
OF CLOTHING AND HOUSEHOLD GOODS
WHEREAS, the City Council heard a presentation at its February work session
regarding a free program being offered to residential customers for free curbside collection
of clothing and household goods; and,
WHEREAS, the City Council desires to engage Simple Recycling to provide these
free curbside collection services within the City of Mounds View; and,
WHEREAS, the City Attorney has reviewed and approved the form of the attached
Agreement.
NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City
Council does hereby approve entering into an Agreement with Simple Recycling and
authorizes execution of said Agreement by the Mayor and City Administrator.
Adopted this 27th day of March, 2017.
Carol A. Mueller, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES
This Agreement for the Collection of Soft Recyclables ("Agreement") is made
and entered into this day of , 20 , (the "Date of Execution") by and
between City of Mounds View, a municipal corporation with an address at 2401 Mounds
View Boulevard, Mounds View, Minnesota 55112 (herein referred to as "CITY"), and
Great Lakes Recycling, Inc. d/b/a Simple Recycling, an Ohio corporation with a
business address at 5425 Naiman Parkway, Solon, OH 44139 (together which with its
successors and assigns, herein referred to as "Contractor").
WITNESSETH:
WHEREAS, Contractor is skilled and experienced in the collection and efficient
recycling and disposition of Soft Recyclables; and
WHEREAS, CITY desires to limit and restrict the quantity of Soft Recyclables
which are deposited in the landfill; and
WHEREAS, CITY has selected Contractor to collect, identify, haul, recycle
and/or dispose of Soft Recyclables in the CITY's Service Area; and
WHEREAS, Contractor can provide such services and is in the business of and
has the expertise, experience, resources and capability to perform the collecting,
identifying, packaging, hauling, recycling and disposing of Soft Recyclables; and
Now, THEREFORE, in consideration of the premises and material promises set
forth below and other consideration the receipt and sufficiency of which is hereby
acknowledged by the parties, Contractor and CITY (herein collectively called the
"Parties") hereby agree as follows:
1. Term. This Agreement shall begin upon the Date of Execution and continue
for an initial term of five (5) years (the "Initial Term"). At the end of the Initial Term
Contractor and CITY have the right to renew for additional five (5) year terms upon
mutual agreement (each such term an "Extension Term" and collectively, the "Term").
During the Term, Contractor shall have the sole and exclusive rights to pick up Soft
Recyclables in the CITY'S Service Area.
2. Contractor's Program Commencement. During the Term, Contractor agrees to
begin providing program services on the earlier of the following: (1) a date no later than the
day of , 20 , or; (2) a date on which Contractor provides written notice to
CITY that sufficient population density has been achieved in the Service Area to
support program services (the "Date of Commencement"). In either event, the Date of
Commencement will be no later than twelve (12) months from the Date of Execution of
this Agreement. On the Date of Commencement, Contractor agrees to furnish all labor,
equipment, tools, and services required and necessary for the collection and disposal of Soft
Recyclables within CITY and the Service Area and provide qualified supervisory personnel to
direct the activities of Contractor under this Agreement.
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3. Collection Procedures. During the Term and after the Date of Commencement,
Contractor shall collect all acceptable Soft Recyclables set out for recycling and collection by
Residential Customers in approved Containers. The decision of what is an "acceptable" Soft
Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event
shall Contractor be required to accept any Excluded Items (excluded items include, but are not
limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large
furniture, large appliances, yard waste) and in no event shall Contractor provide service to
Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables
which have fallen or been placed Curbside but are not in a Container. Contractor agrees to
operate collection vehicles in such a manner to prevent materials from being blown from the
vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street,
sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all
Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall
promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled
Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to
CITY.
4. Ownership. Soft Recyclables set out for collection on the regularly scheduled
collection day shall belong to Contractor from the time that they are physically collected by
Contractor. Soft Recyclables physically collected by Contractor shall be deemed acceptable Soft
Recyclables for the purposes of its obligations under this Agreement.
5. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place
Containers at Curbside for collection. Overflow material shall be placed adjacent to the
Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set
out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner
and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that
will not interfere with or endanger the movement of vehicles or pedestrians. When construction
work is being performed in the right-of-way, Containers shall be placed as close as practicable to
an access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables
not set out in accordance with this paragraph.
6. Contamination and Improper Set Out. If Contractor encounters any improperly
packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those
materials in the Container or remove them from the Container and leave them Curbside.
Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable
items, and leave contaminants at Curbside.
7. Collection Schedule. Contractor shall divide the Service Area into collection areas to
coincide with CITY collection zones and dates for its existing recycling pickup schedule.
Collections shall be made from Service Recipients on a regular schedule in accordance with the
existing CITY recycling pickup schedule; however, Contractor reserves the right to alter the
frequency of the scheduled pickups on an as needed basis, provided, however, that pickups must
still occur on the same days as CITY's then-existing recycling schedule.
Contractor shall not be required to perform any service under this Agreement on
Holidays. Contractor may interrupt the regular schedule and quality of service because of street
repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion
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makes the pick-up of the Soft Recyclables from a Service Recipient impracticable under the
circumstances.
8. Missed Collections and Complaints. Service Recipients shall be instructed by CITY
to report missed collections and complaints to Contractor. The Program Brochure and other
program information shall include contact information for the Contractor to facilitate
communication from Service Recipients. Contractor shall give prompt and courteous attention to
all reported missed collections and complaints.
9. Inventory of Containers. During the term of this Agreement, Contractor shall
purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for
distribution to Service Recipients. Prior to commencement of service under this Agreement,
Contractor shall provide new Containers to each Service Recipient. Containers shall initially be
delivered to Service Recipients with an informational brochure on the recycling collection
program described herein that is produced and printed by the contractor and approved by CITY,
which approval shall not be unreasonably withheld(the "Program Brochure").
10. Contractor's Fee. Contractor shall pay to CITY a contract fee of One Cent ($0.01)
per pound of all Soft Recyclables collected by Contractor in the Service Area. Payments shall be
made to CITY not more than thirty (30) days following the close of each calendar month during
the term of this Agreement. Weight shall be collected and documented upon completion of each
collection day.
11. Publication Information and Education Program. CITY shall provide public
information in the normal course to inform Service Recipients of this recycling program. The
content and timing of CITY public information shall be coordinate with and approved by
Contractor. Contractor may prepare and distribute its own promotional materials subject to
CITY approval. Contractor shall participate in CITY directed promotion and education efforts as
outlined below:
a. During the course of the routine recycling pick up, provide and distribute notices
regarding rejected materials and proper set out procedures.
b. Training of employees to deal courteously with customers on the telephone and
on-route to promote the collection service and explain proper material preparation.
c. Coordinate with CITY for distribution of written promotional and instructional
materials directly to Service Recipients.
d. Be available a minimum of two times per year to participate in promoting the
collection service at an area fair, neighborhood association program, school, or
community event.
e. Provide advice to CITY on promotion and education material content and
presentation.
12. Telephone and Customer Service. Contractor shall maintain and adequately staff a
local toll-free telephone number where complaints of Service Recipients shall be received,
recorded and handled to the best of Contractor's abilities, between the hours of 9:00 AM and
4:30 PM Monday through Friday, excluding Holidays. Typically, all "call backs" shall be
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attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not
contacted on the first attempt, Contractor shall make subsequent attempts on the next working
day after the original call. Contractor shall make a minimum of three (3) attempts within
twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be
recorded on a log kept by Contractor.
13. Marketing and Disposition of Recyclable Material. Contractor shall be solely
responsible for the marketing and sale of collected Soft Recyclables, and shall be solely
responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell
the Soft Recyclables in a timely manner.
14. Insurance. During the term of this Agreement Contractor agrees to keep in force,
with an insurance company licensed to transact business in Minnesota, an "occurrence basis"
insurance policy or policies indemnifying, defending and saving harmless CITY from all
damages (except for damages caused by CITY's own negligence, willful misconduct or failure)
which may be occasioned to any person, firm, or corporation, whether damages are by reason of
any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no
less than:
a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single
limit per occurrence for bodily injury,personal injury, and property damage.
b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single
limit per accident for bodily injury and property damage.
c. Worker's Compensation/Industrial Insurance: Limits as required by the State of
Minnesota.
The general liability provisions and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
a. CITY, its officers, officials, employees, and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of Contractor;
products and completed operations of Contractor; premises owned, occupied, or used by
Contractor; or automobiles owned, leased, hired, or borrowed by Contractor.
b. Contractor's insurance coverage shall be primary insurance as CITY, its officers,
officials, employees, and volunteers. Any insurance or self-insurance maintained by
CITY, its officers, officials, employees, or volunteers shall be in excess of Contractor's
insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall not affect coverage
provided to CITY, its officers, officials, employees, or volunteers.
d. Contractor's insurance shall apply separate to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
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e. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, nor reduced in coverage or in
limits except after thirty(30) days'prior written notice has been given to CITY.
15. Indemnification and Hold Harmless. To the fullest extent permitted by law,
Contractor shall indemnify CITY, its officers, employees, agents, volunteers and others acting on
CITY's behalf, hold them harmless, and defend and protect them from and against any and all
loss, damage, liability, claim, cost or expense (specifically including reasonable attorneys' fees
and other costs and expenses of investigation and defense), of any sort, arising out of or
otherwise in connection with the Contractor's performance, or the performance of any
subcontractor or other person or entity for whose acts or omissions the Contractor is legally
responsible, under this Agreement. Notwithstanding the foregoing, the Contractor shall not be
responsible for any loss, damage, liability, claim, cost or expense to the extent it is alleged and
established that such loss, damage, liability, claim, cost or expense was occasioned by the
negligence or willful misconduct of CITY in connection with the performance of this Agreement.
CITY shall have the right, at its own expense, to associate in the defense of any action defended
by the Contractor pursuant to this provision. Contractor's obligations under this provision shall
survive the expiration or termination of this Agreement.
16. Compliance with Law. Contractor agrees to comply with all published ordinances,
laws, rules, and regulations, together with amendments thereto, of the State of Minnesota, the
United States of America, or CITY pertaining to the services to be performed hereunder.
17. Taxes. Contractor agrees to save CITY harmless from any and all taxes or
assessments of any kind or nature levied by any political subdivision upon Contractor by reason
of services rendered for Soft Recyclables and disposal for CITY.
18. Employee Conduct. All Contractor personnel must maintain a courteous and
respectful attitude toward the public at all times. At no time must they solicit, request or receive
gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane
language at all times during the performance of duties. Any employee of Contractor who
engages in misconduct or is incompetent or negligent in the proper performance of duties or is
disorderly, dishonest, intoxicated, or discourteous must be removed from service under this
contract by Contractor.
19. Monthly Reports. Contractor shall provide monthly project status reports. These
reports will be due within fifteen (15) days of the close of the month being reported. At a
minimum, the reports shall include detailed data to allow analysis of collection and processing
efficiencies including pounds of Soft Recyclables collected in the prior month and the payment
of the required fee to CITY.
20. Inspections. Upon reasonable advanced request to Contractor, CITY reserves the
right to inspect the facilities, equipment and operations of Contractor to assure itself of the
appearance and compliance with contractual provisions of this Agreement. Upon reasonable
advance request, CITY reserves the right to review the records kept on the Soft Recyclables
collected under the terms of this Agreement to test and validate the weights claimed. CITY
agrees to notify Contractor, in writing, at least forty-eight(48)hours prior to such inspections and
shall indicate the reasonable basis for requesting the inspection.
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i
21. Meetings and Communications. In order to minimize problems and to provide
thereafter a forum for discussing and resolving any issues that may arise, the Parties agree to
meet on a regular basis and to adopt communications procedures as follows:
Meetings After Collection Begins. After Collections begin, meetings shall be held no
less frequently than a quarterly basis, unless otherwise mutually agreed, between
representatives of the Parties. Such meetings shall be held for the purpose of reviewing
and discussing day-to-day operations,promotion,public information and public relations.
Designation of Representatives. Eachshall send at least one representative to each
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meeting. CITY shall send to each meeting at least one staff member with operation
expertise. Each party shall designate one, and only one, representative as its Lead
Representative. If a party sends only one representative to any meeting, that person shall
be conclusively presumed to be its Lead Representative.
22. Compliance with Laws and Regulations. Contractor agrees that, in performance of
work and services under this contract, Contractor will qualify under and comply with any and all
applicable federal, State and local laws and regulations now in effect, or hereafter enacted during
the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any,
with respect to the work and services described herein.
23. Termination and Breach. Either party may terminate this Agreement
without cause upon one hundred eighty (180) days advance written notice. In the event
of a breach of the terms and conditions of this Agreement by either Party hereunder, the
non-breaching Party may elect to terminate this Agreement by providing the defaulting Party
with a written notice of such default, and allowing the breaching Party a period of thirty(30) days
from and after the date of such notice to cure the breach complained of to the satisfaction of the
non-breaching Party. In the event said breach is not cured within the thirty (30) day period, this
Agreement shall be terminated at the option of the non-breaching Party (for-cause) as of the last
day of the period.
a. In the event CITY elects to terminate this Agreement without cause, CITY shall
•a those demobilization and closeout costs shown by Contractor to the CITY
with reasonable certainty within thirty (30) days of termination. In the event CITY
terminates this A •ree ent for Contractor's uncured breach, Contractor agrees to
'1• • s• I. p • -- -1 . 1 • . 1 •11- e ,s• 1- • ` :- es
collection and disposal contractor can be selected by CITY. in CITY's sole discretion,
and CITY shall not be required to pay any of Contractor's demobilization and closeout
costs.
b In the event Contractor elects to terminate this Agreement without cause,
Contractor shall continue to provide service for the full period of the one hundred
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those demobilization and closeout costs shown by Contractor to the CITY with
reasonable certainty within thirty (30) days of termination.
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24. Severability. Should one or more of the provisions of this Agreement be held by any
court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain
and continue in full force and effect,provided that the continuation of such remaining provisions
does not materially change the original intent of this Agreement.
25. Independent Contractor Status. In the performance of services pursuant to this
Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or
employee of CITY. Contractor shall have exclusive control over the details of the service and
work performed and over all persons performing such service and work. Contractor shall be
solely responsible for the acts and omissions of its officers, agents, employees, Contractors and
subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors
shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other
benefits which accrue to CITY employees and Contractor expressly waives and claim it may
have or acquire to such benefits.
26. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold,
nor assigned by either Party to any person, firm, or corporation, without the prior written consent
of the other Party.
27. Amendment. No subsequent change or modification of the terms of this Agreement
shall be made except by a writing signed by both Parties.
28. Equal Opportunity. Contractor shall not discriminate against any employee or
applicant for employment because of age, race, color, religions, sex, or national origin.
Contractor shall take affirmative action to insure that applicants for employment are qualified,
and that employees are treated equally during employment, without regard to their age, race,
color,religion, sex, or national origin.
29. Data Practices. Contractor will have access to data collected or maintained by CITY
to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees
to maintain all data obtained from CITY in the same manner as CITY is required under the
Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not
release or disclose the contents of data classified as not public to any person except at the written
direction of CITY. Contractor acknowledges that, pursuant to Minn. Stat. § 13.05, subdivision
11, all of the data created, collected, received, stored, used, maintained, or disseminated by the
Contractor in performing this agreement is subject to the requirements of the Act and that the
Contractor must comply with the Act as if it were a government entity. Contractor agrees to
defend and indemnify CITY from any claim, liability, damage or loss asserted against CITY as a
result of Contractor's failure to comply with the requirements of the Act or this contract. Upon
termination of this contract, Contractor agrees to return data to CITY, as requested by CITY.
30. Choice of Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Minnesota.
31. Definitions.
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1
a. Commercial Customer: The term "Commercial Customer" means non-residential
customers, including businesses, public or private schools, institutions, governmental
agencies and all other users of commercial-type Garbage collection services.
b. Container: The term "Container" means a bag, supplied by Contractor for use by the
Residential Customer to set out Soft Recyclables.
c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners'
property, within five (5) feet of the Public Street or Private Road without blocking
sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be
considered a placement suitable to the resident, convenient to Contractor's equipment,
and mutually agreed to by CITY and Contractor.
d. Excluded Items: The term"Excluded Items"means Garbage, Hazardous Waste, large
furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines,
newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic devices covered
under Minnesota Statutes 115A.1310, etc. and any item heavier than fifty(50)pounds.
e. Garbage: The term "Garbage" means all putrescible and non-putrescible solid and
semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass,
yard debris, leaves, swill, demolition and construction wastes, dead animals piles of
debris, car parts, construction or demolition debris, any item that would be considered
Hazardous Waste, or stumps.
f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or
dangerous waste, substance or material, or contaminant, pollutant or chemical, known or
unknown, defined or identified as such in any existing or future local, state or federal law,
statute, code, ordinance, rule, regulation, guideline, decree or order relating to human
health or the environment or environmental conditions, including but not limited to any
substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as
hazardous waste by the United States Environmental Protection Agency under Subtitle C
of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et
seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984;
the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute
or regulation governing the treatment, storage, handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
RCRA or any Minnesota statute or regulation governing the treatment, storage, handling
or disposal of wastes and imposing special handling requirements similar to those
required by federal law.
g. Holiday: The term "Holiday" means the following days: New Year's Day, Martin
Luther King's Day, President's Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day, unless otherwise
specified by the CITY recycling holiday schedule.
h. Residential Customer: The term "Residential Customer" means and individual or
individuals residing in a living space rented, leased or owned.
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i. Service Area: The term "Service Area" means the municipal corporate limits of CITY
plus, if necessary, one or more adjacent municipalities within a forty(40)mile radius with
a minimum of forty thousand (40,000) households and be scalable to a minimum of one
hundred thousand (100,000) households within a forty (40) mile radius, based on the
municipalities' collection censuses. The Service Area will encompass all of CITY'S
trash and recycling collection area, as it may be amended from time to time.
j. Service Recipients: The term "Service Recipients" means Residential Customers of
CITY in the Service Area.
k. Soft Recyclable: The term "Soft Recyclable" means items of an individual weight
less than fifty (50) pounds and can be carried by one person. Soft Recyclables include
primarily men's,women's and children's clothing as well as items such as jewelry, shoes,
purses, hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing
scraps, sleeping bags, small furniture, small appliances, irons, radios and audio
equipment, TVs and video equipment, cameras, lamps, hairdryers, tools, toasters,
microwaves, coffee makers, silverware, dishes, pots and pans, glasses and the like. The
definition of Soft Recyclable is subject to modification in the discretion of Contractor
based upon experience gained during the term of this Agreement.
[signature pages to follow]
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IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of
the Date of Execution first written above.
CITY:
By:
Carol A. Mueller, Mayor
By:
James Ericson, City Administrator
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CONTRACTOR:
GREAT LAKES RECYCLING, INC. D/B/A
SIMPLE RECYCLING
By:
Adam Winfield, President
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