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Home My WebLink AboutRES 20-066 APPROVING THE RENEWAL OF THE ORGANIZED COLLECTION AGREEMENT FOR TWO YEARS UNTIL APRIL 1, 2023CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 20-066 A RESOLUTION APPROVING THE RENEWAL OF THE ORGANIZED COLLECTION AGREEMENT FOR TWO YEARS UNTIL APRIL 1, 2023 WHEREAS, the City of St. Anthony Village entered into an organized refuse and recycling agreement with Walters Recycling and Refuse, Republic Services, and Waste Management for five years April 1, 2015 to April 1, 2020; and WHEREAS, the City of St. Anthony and the haulers agreed to a one year extension, with the contract expiring April 1, 2021; and WHEREAS, the agreement allows for three one year extensions; and WHEREAS, the City of St. Anthony Village and the haulers have agreed to renew the agreement for two years until April 1, 2023 under the same terms and conditions, except for an increase in seasonal yard waste services beginning in 2021 to $89.00 and in 2022 to $94.00. NOW THEREFORE BE IT RESOLVED, that the City of St. Anthony Village City Council approves the renewal of the Agreement for Residential Solid Waste and Recycling Collection Services in Saint Anthony Village between the City and the Haulers and authorizes the Mayor and City Manager to execute said Agreement. Adopted this 8th day of September., 2020. lei(/' ller, Cit71/4- ATTEST:�/' Nic Reviewed for administration: Ra dy S �, Mayor Charlie Yunker, Interim City Manager AMENDMENT #2 TO AGREEMENT FOR RESIDENTIAL SOLID WASTE AND =:ECfCLING COLLECTION SERVICES IN SAPI T ANTHONY VILLAGE The City of Saint Anthony Village, Minnesota City of Saint Anthony Village Second Amendment to Agreement for Residential Solid Waste and Recycling Collection Services THIS. SECOND AMENDMENT TO AGREEMENT. FOR RESIDENTIAL SOLID WASTE AVID RECYCLING COLLECITONSERVICES ("First Amendment") is made and entered into this cet,1 daYof f 5a9ie040ei 1, 02..0, by and between the CITY OF SAINT ANTHONY VILLAGE, a Minnesota statutory eityin Hennepin. and Ramsey Ctiunties, OrganiZett and existing under the laws of the State of Iv1innesota:("City:"), anti ALLIED WASTE SERVICES:OF NORTH AMERICA, LLC DBA ALLIED WASTE SERVICES OF THE TWIN CITIES — EDENPRAIRIE .// REPUBLIC SERVICES OF THE TWIN CITIES — EDEN PRAIRIE, a Delaware limited:liability company ("Republic Services"); WALTERS RECYCLING -AND REFUSE, INC., a Minnesota corporation ("Walters"); and WASTE -MANAGEMENT OF MINNESOTA, INC., a Minnesota corporation CAVaste Managetnenr) (individually -and collectively, "COntractor"). STATEMENTS WHEREAS, thepartics hereto entered into an Agreement for Residential Solid Waste. and Recycling Collection Services ("Agreement") with an effective date of April 1., 2015; and MIEREAS; the Agreement at Section 10.1 sets.forth a five (5) year term .of the Agreement..ending April 1,2020; and WHEREAS, the Agreement. at Section I 01 authorizes -the parties to renew the Agreement.for np to an additional three.(3) one-year terms, upon the mutual agreement of the parties; and WHEREAS, en November:20,. 2019; the partie,s-exeonted.Amencitnent.#1..to the Agreement to extend the terniination.date for an additional one (1)year, to April 420.21; and WHEREAS,. the parties have detertnined that it is in their -mutual best intereglofinther amend.tbe Agree.mentto extend the termination.datefor an.additional two. (2) years, to April 1;2023; and WHEREAS, the:parties have further determined that, in .ordetto bring Agreement in bettor alignment. Withmarket pricing, the price for full season. yard waste piplcup listed rn Eichibit-E to the.Agreement shall beathendedie $89.00 for the 2021 yardwaste season, and $94.00 for the2022yard waste season; tt,ncl WHEREAS,. the 'Parties' have further determined that Septions.2:11, 5.4, 11.1, and 142 of the Agreernent.thould be amended to.better reflect .the relationship amongand obligations of the parties;, and WHEREAS, the parties agree to keep till -Other proviSions.ofthe Agreement In force. Amendment to Agreementfor ResidentialSblid WADS and Recycling CiilledtionSer9ices Page 1 City of Saint Anthony Village .NOW, THEIZEFORA•iit consideration of the prerniseantiti the Mutual obligations of the parties .hereto, and othergood.andvaluablecOnsideration the receipt of Which:is hereby acknowledged:, the parties:hereby agree to ametidtheAgreeinent as fellows'. 1. SeCtiOn24-1. of the Agredinent is hereby dinertded to.rearlaS follOws! 2.11 The Contractor shall be Obligated to protect -all publinand. private utilities whether occupying public or private property.. JEsuch utilities are damaged by reason of the Contractors negligence or willful misconduct, the Contractor shall repair Ca- replac.e. sanwor, failingto.de. so promptly, the -City shall.canserep.airs or replacements to be made and the cost of 'doing' shall be paid by theCcintractOr. :2. Section 5,4. ofthe Agreement is. hereby. ainendett to read as followS:. 5.4 Painting The. Vehicle bodies shall" be painted andlitipabered,-mitt Shell have. the Contractor's name and telephonenumberor websitepainted in letters of a contrasting color, at least.feur (4) inches high 001: easily readable tinder normal conditions. 3. Section 10 OftheAgreement is heteby amended to read asfollowk .10 :Term of-Agre;ernent, 10.1 'Term. This AgreeMent shall be in.full force and dreg' for theperiodbegirming on 'the Effective Date and endingon April 1,2023". 4. Section 11.1 .ofthe Agreement is hereby amended to read as follows: 11.1 Arotice ofDefazilt. Ifany ofthe services or. obligations to be performed under:this. Agreement are abandoned by the Contractor, or if the Contractor assigns or transfers this Agreement without the City's prior written 'consent, or ifthe Contractor is adjudged bankrupt, or. if a general.assignmentOf assets is.made for - the benefit ofContractor's creditors, or -if a receiver isappointed for the Contractor of any of its property, or 'fat any time the City determines thatilie .performance of any °film services &obligations under this Agreement are being unnecessarily delayed, in violation ofthe Agreement itself, or execUted in had :faith, then the Citymay serve writtennotiee upon the Contractor of the City's intention to ten -innate thisAgreemorit-with respect to the. individttat Contractor. If the City breaches any material obligation. under this Agreement, whiehbreach remains uncured, the Cent/apt& may serve written notice upon the City ofthe Contractor's intentiontotemiinate this Agreement. 5. Section 14.Z of the Agreement is hereby emended to read as follows; 14.2 Indemnity. The parties agree: to indeirmify, defend anclhold the ether,its agents, contractorsrstibcontracters„ officialS,e.mployeea, attorneys, boards; Councils, agents, volunteers and representatives hanialesS against and in respect of any and Atriendinotto Agreenient fpfjtesidenti41. Solid Waste and RecAling CotipptionServiegs P.age City oiSaint Anthony. Village. all claims, demands, actions, suits,procbedings, losses,00sts, expenses, obligationti damagesottoveries, and. defitioncies; ineluding'interest, penalties and attorneys' fies,:tbat.the party incursor.suffers,whiCh arise out of, reSultfrom otrelatetothe other party's negligence or. willful mistondiict. In no event shall a partybe responsible to indemnify the -other party for any laims, deinands,.actionsi-suits, prodeedings, losses,:costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including 'interest, penalties and attorneys' fees, that are 'incurred due to the negligence ,orintentionai misconduct of the .other party. The partiet.futthetagreethat this indemnity shall survive the completion 0i-termination of this-.Agree.ment. 6. Ekhibit,Eto the Agreement at Page E-1 is .hereby:.amended :as follows: a.Under Yard Wake, delete "$69.00"-and replace it with "S89.00. (2021) /594.00 (2022)"er; and b. At the both* of Exhibit •E,..tidd the: following staternerd: ""Theprice for Full seasOn yard wattesubscription serviteshall be $89.01 for.the.202.1 yard waste season, and for the 2022 yard wasteseason. The annual CPI adjustment. described abOVe shall not apply totheseyard waste prices for2021 and 20222' 7. Except.as hereiospecifiCally amended,..the Agreement shall forceand effect and unaltered herehy. [Signature page to follow] ,Amendnient:to Agreement for Residential Solid Waste inid Recycling Colleedoh :Services Page 3 City of Saint Anthony Village IN WITNESS WHEREOF, the City and the Contractor have executed this document as of the day and year first above written, CITY OF ST. ANT ti NY VILLAGE MINNESOTA, a Minnesota stat city By: Rand Still Its: Mayor By: Charlie Yunker Its: Interim City Manager ALLIED WASTE SERVICES OF NORTH AMERICA, LLC DBA REPUBLIC SERVICES OF THE TWIN CITIES — BLAINE, a Delaware limited liability company By: Its: WALTERS RECYCLING AND REFUSE, INC., a Minnesota corporation By: mi. [name} r-e1400 Its: [title] PNr;e4 +tf /CEO WASTE MANAGEMENT OF MINNESOTA, INC., a Minnesota corporation By: [name] t'ihQ"44 Its: [title) ftt *- Signature Page to Amendment to Agreement for Residential Solid Waste and Recycling Collection Services S-I