HomeMy WebLinkAbout10.06.25 Work Session Packet
AGENDA
Council Work Session
Meeting
5:00 PM - Monday, October 6, 2025
Farmington City Hall, Conf Room 170
Page
1. CALL TO ORDER
2. APPROVE AGENDA
3. DISCUSSION ITEMS
3.1. Discussion on Use of Trails (5:00pm - 6:00pm)
Listen to the presentation, ask any questions you have, discuss, and
provide direction to staff regarding potential next steps.
Agenda Item: Discussion on Use of Trails - Pdf
2
3.2. Solid Waste/Recycling Services Agreement Between the City of
Farmington and Dick's Sanitation Service Inc. (6:00pm - 6:30pm)
Discussion only.
Agenda Item: Solid Waste/Recycling Services Agreement Between the
City of Farmington and Dick's Sanitation Service Inc. - Pdf
3 - 47
4. CITY COUNCIL COMMITTEE UPDATE
5. CITY ADMINISTRATOR UPDATE
6. ADJOURN
A Quorum of the Parks & Recreation Commission May Be Present And Participate in Discussion with
the City Council.
Page 1 of 47
COUNCIL WORK SESSION AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Discussion on Use of Trails
Meeting: Council Work Session - Oct 06 2025
INTRODUCTION:
Cities across Minnesota, including Farmington, are experiencing a noticeable increase in
electrical and / or motorized activity on trails and sidewalks.
DISCUSSION:
The rising popularity of electric bikes (e-bikes), electric scooters, and other motorized bikes,
has led to increased traffic from non-traditional bicycles on city trails. Staff have observed
and received resident and trail users feedback about concerns including (1) the speed of
these non-traditional bicycles on shared pathways, (2) confusion among users what is
permitted on trails, and (3) potential conflicts or safety concerns with pedestrians and
traditional bike users.
Staff will present an overview of the current situation and challenges, information on
e-bikes, e-scooters, and other motorized bikes, summary of relevant Minnesota Statutes
and regulations, and potential solutions for managing electric and motorized use on city
trails.
Please note this portion of the work session will be conducted jointly with the parks and
recreation commission.
ACTION REQUESTED:
Listen to the presentation, ask any questions you have, discuss, and provide direction to
staff regarding potential next steps.
Page 2 of 47
COUNCIL WORK SESSION AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Solid Waste/Recycling Services Agreement Between the City of Farmington
and Dick's Sanitation Service Inc.
Meeting: Council Work Session - Oct 06 2025
INTRODUCTION:
In November of 2021, the City entered into an agreement (attached) with Dick's Sanitation
Service, Inc. (DSI) for solid waste services for an initial term of five years; the agreement
expires on December 31, 2026. Upon mutual consent, the agreement may be extended
for one initial five-year term; and up to two additional two-year terms; with negotiated
prices. Since the original agreement, two amendments have been approved (attached)
to account for fee increases at the City of Red Wing. A third amendment is planned for
later this year to account for another Red Wing fee increase.
DISCUSSION:
Extending the agreement with DSI requires delivering written notice of the City's intent to
extend the term to DSI at least six months prior to the expiration of the contract term.
Notice would need to be delivered no later than June 30, 2026. From a practical
perspective, a decision to make any significant change to the City's solid waste and
recycling hauling should be made well before then.
Prior to entering into the agreement with DSI, city staff hauled solid waste and had three
related contracts; a contract with DSI for recycling collection; a contract with DSI for the
transfer between the DSI Lakeville facility and Red Wing; and a contract with the City of
Red Wing to process waste. The current DSI agreement consolidated these contracts and
eliminated city staff collection of solid waste. Based on the most recent DSI report, DSI has
7,045 accounts in the city; and hauled about 1,677 tons of solid waste and 531 tons of
recycling in Quarter 2 of 2025. DSI fully administers the customer accounts.
Municipal Solid Waste (MSW) and recyclable collections fall into two general categories,
open collection and organized collection systems. The city has organized collection. In
2009, the Minnesota Pollution Control Agency (MPCA) contracted for an Analysis of Waste
Collection Service Arrangements which provided a detailed review of organized and open
collection approaches in Minnesota. The entire report runs to 271 pages, attached is
Page 3 of 47
Section 2.1 of the report which summarizes the perceived advantages and disadvantages
at that time of each type of collection system.
Any changes made by the city are subject to state and county rules. The Dakota County
2024-2044 Solid Waste Mangement Plan was approved by the MPCA on August 22, 2025;
and was adopted by the Dakota County Board of Commissioners on September 23, 2025.
Minnesota Statute 115A.46 discusses local solid waste management plans; Subdivision 5 (b)
states the following:
"After a county plan has been approved under subdivision 1, the plan governs all solid
waste management in the county and a public entity, as defined in section 16C.073,
subdivision 1 within the county may not develop or implement a solid waste management
activity, other than an activity to reduce waste generation or reuse waste materials, that is
inconsistent with the county plan that the county is actively implementing without the
consent of the county."
waste solid city to provide and consent to need would County Dakota review
management activity changes unless we demonstrate the proposed changes reduce
waste generation or reuse waste materials. If the city chooses to move away from waste to
energy methods (via Red Wing) to landfilling, we would likely not be able to obtain County
consent for the change.
At this point, a primary question to be considered is whether the city should consider
moving from organized collection to open collection. From a public works standpoint, the
advantages the current The outweigh disadvantages. collection organized of far
organized collection via DSI:
Significantly reduces the number of truck trips, and impact to city bituminous
pavement.
Reduces the overall traffic on area roadways.
Reduces fuel consumption.
Generates a very minimal number of complaints related to DSI activities.
will staff agreement, DSI existing the of Council a anticipates City the If renewal
immediately notify DSI and develop renewal terms and goals for City Council action. If
renewal is not anticipated, there are options that would preserve organized collection but
allow competition from other carriers such as creating multiple hauler zones. This and other
options can be discussed.
BUDGET IMPACT:
Discussion only.
ACTION REQUESTED:
Discussion only.
ATTACHMENTS:
DSI Agreement
Page 4 of 47
Executed First Amendment to the Residential Solid Waste Recycling Agreement DSI 121823
Executed Second Amendment to the Residential Solid Waste Recycling Agreement DSI
121624
MPCA Report Section 2.1
Page 5 of 47
SOLID WASTE / RECYCLING SERVICES AGREEMENT
BETWEEN THE CITY OF FARMINGTON AND DICK'S SANITATION
THIS SOLID WASTE / RECYCLING SERVICES AGREEMENT is made and entered into
effective the 1st day of January, 2022 (the "Effective Date"), by and between the CITY OF
FARMINGTON, a Minnesota Municipal Corporation organized and existing under the laws of
the State of Minnesota (the "City") and DICK'S SANITATION SERVICE, INC., a Minnesota
Corporation(s) ("DSI" or the "Contractor").
WITNESSETH
A. WHEREAS,the City has found and determined that the public health and safety of the
City will be promoted and preserved by establishing an arrangement for the collection,
transportation, and disposal of solid waste kept and accumulated by residences and
businesses within the City as defined in City Code Section 7-1-2; and
B. WHEREAS,DSI is engaged in the business of collection and recycling of solid waste
and is familiar with the requirements of the City and its solid waste services; and
C. WHEREAS, the City has determined DSI to be qualified to carry out the terms of this
Agreement upon the terms and conditions and for the consideration hereinafter provided:
and
NOW, THEREFORE, in consideration of the foregoing and the covenants, promises,
undertakings,and obligations herein created,granted,and assumed,the parties hereto agree as
follows:
1. DEFINITIONS
1.1. For purposes of this Agreement,terms not otherwise defined herein shall have the
following meanings:
1.1.1. Affiliate: Any entity, directly or indirectly, through one or more
intermediaries,controlling,controlled by,or under common control with
the relevant party.
1.1.2. Bulky Wastes: Stoves,refrigerators,water heaters,washing machines and
similar "white goods," bicycles, lawn mowers, lawn chairs, furniture and
other waste material other than construction debris, or hazardous waste
with weights or volumes greater than those allowed for bags or carts.
Bulky household solid waste does not include electronic waste.
1.1.3. Collection: The aggregation of Municipal Solid Waste (MSW),
Recyclables,Bulky Wastes, Organics and Yard Wastes from the place at
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 6 of 47
which they are generated including all activities up to the time they are
delivered to a processing facility.
1.1.4. Cart: The wheeled, lidded container in which Solid Waste, Recyclable
materials or Yard Wastes can be stored and placed for curbside collection.
1.1.5. City Administrator: The Farmington City Administrator or their designee.
1.1.6. City-Designated Solid Waste Disposal Facility: The facility designated
by the City where DSI is required to deposit Trash and/or recyclables
collected under this Contract.
1.1.7. Collection Vehicle:Any vehicle licensed and inspected as required by the
state and county and approved by the City for solid waste collection within
the corporate boundaries of the City.
1.1.8. Composting Facility: Facility licensed to process yard waste and/or
source separated organics in conformance with state and local regulations.
1.1.9. Confidential/privileged: Information protected by privilege under
applicable law and information which by its nature would reasonably be
considered confidential or proprietary.
1.1.10. Contract: The City of Farmington service agreement for solid waste
and recyclables collection services and as subsequently amended.
1.1.11. County: Dakota County,MN
1.1.12. Dwelling Unit: A building or portion thereof designed or used exclusively
for residential occupancy as dwelling units.
1.1.13. Electronic Waste: Any discarded consumer electronic device with a
circuit board including,but not limited to:televisions,computers,laptops,
tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse,
etc.), cell phones, PDAs, DVD recorders/players and video cassette
recorders/players,fax machines and other items as specifically referenced
in Minnesota Statutes Section 115A.1310.
1.1.14. Hazardous Waste: Has the meaning prescribed in Dakota County
Ordinance No. 110
Hazardous Waste means any refuse, sludge,spent solutions or other waste material
or combinations of refuse, sludge, spent solutions or other waste materials in solid,
semi-solid, liquid, or contained gaseous form which, because of its quantity,
concentrations, or chemical,physical, or infectious characteristics may(a)cause or
significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness;or(b)pose a substantial present or
potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed. Categories of hazardous
waste materials include, but arenot limited to: explosives, flammables, oxidizers,
poisons, irritants and
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 7 of 47
corrosives. Hazardous waste does not include source,special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended."
1.1.15. Holidays: There are six(6)major Holidays observed each year:New
Year's Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving
Day, Christmas Day.
1.1.16. Mixed Municipal Solid Waste(MSW): Has the meaning prescribed in
Dakota County Ordinance No. 110 :
garbage, refuse, and other solid waste from residential, commercial,
industrial, and community activities that the generator of the waste
aggregates for collection but does not include auto hulks, street
sweepings, ash, construction debris, mining waste, sludges, tree and
agricultural wastes, tires, lead-acid batteries, motor orvehicle fluids and
filters, and other materials collected, processed, and disposed of as
separate waste streams."
Also referred to in this contract as"Trash".
1.1.17. Non-Recyclable Paper.Non-recyclable paper includes,but is not limited
to, paper napkins, towels, and tissues; paper plates and cups; food
containers; paper bags and waxed paper (fast food wrappers, parchment
paper,etc.);paper milk and juice cartons (remove plastic spouts-NO juice
boxes or pouches); cardboard pizza boxes; boxes from refrigerated and
frozen food and beverages; coffee filters (and grounds); and tea bags.
1.1.18. Multiple Unit Residential Dwelling: Any building consisting of more
than three(3)Residential Dwelling Units.
1.1.19. Person: Includes any natural person, corporation, firm or association.
1.1.20. Pick-up(Stop):A collection of one or more containers from a Residential
Single Dwelling. One pick-up may include more than one container or
extra bag or bundle.
1.1.21. Premises: Any dwelling house, dwelling unit,building, and every other
place or premises where any person resides, or a business is operated
within the City.
1.1.22. Problem Material Waste: Waste that is too large to fit into a standard
Trash cart and require special collection by DSI. Problem material waste
includes (but is not limited to): furniture, appliances, mattresses, and bed
springs. Problem material waste does include household electronic waste.
1.1.23. Recyclables:Has the meaning prescribed in Dakota County Ordinance
No. 110:
Materials that are suitable for separating from solid waste for the
purpose of recycling including, but not limited to,paper, glass,plastics,
metals, automobile oil, batteries, etc. Refuse derived fuel or other
material that is destroyed by incineration is not a recyclable material..
For a more complete definition and list of recyclable materials,please see the
Dakota County,Minnesota Designated List of Recyclables.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 8 of 47
1.1.24. Recyclables Pick-up: Each instance that recyclables are picked up at
aResidential Dwelling Unit(RDU) or a commercial account.
1.1.25. Recyclables Processing Facility.Facility designed for centralized sorting,
processing,and/or grading of collected recyclable materials for marketing.
The facility will conform to all applicable rules, regulations and laws of
state, local or other jurisdictions.
1.1.26. Residential Dwelling Unit(RDU):Any eligible,occupied dwelling
having a kitchen occupied by a person or group of persons.
1.1.27. Residuals: Waste materials left after recovery of recyclables and/or the
physical, chemical or biological processing of wastes.
1.1.28. Single Stream Recycling/Single Sort Recycling: The recycling system
inwhich residents set out recyclables in one container without further
sortingby residents, and the materials are later processed at a processing
facility into their individual marketable commodities.
1.1.29. Solid Waste: Has the meaning prescribed in Dakota County
Ordinance No. 110,which states:
Solid Waste" means garbage, refuse, sludge from a water supply
treatment plant or air containment treatment facility, and other discarded
waste materials and sludges, in solid, semisolid, liquid, or contained
gaseous form, resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not
include hazardous waste, animal waste used as fertilizer, earthen fill,
boulders, rock, sewage sludge, solid or dissolved material in domestic
sewage or other common pollutants in water sources, such as silt,
dissolved or suspended solids in industrial waste water effluents or
discharges which are point sources subject to permits under section 402
of the federal Water Pollution Control Act, as amended, dissolved
materials in irrigation return flows, or source, special nuclear, or by-
product material as defined by The Atomic Energy Act of 1954, as
amended.
1.1.30. Source Separated Organics (SSO): Has the meaning prescribed in
Dakota County Ordinance No. 110,which states:
Source Separated Compostable Material means materials that:
1. Are separated at the source by waste generators for the purpose of
preparing them for use as compost;
2. Are collected separately from mixed municipal solid waste, and are
governed by the licensing provisions of Minn. Stat. §115A.93;
3.Are comprised offood wastes,fish animal waste,plant materials, and
compostable materials that meet the standards in ASTM D6400 and
ASTM D6868 as incorporated by reference under Minn. Rule.
7035.0605;
4. Are delivered to a facility to undergo controlled microbial
degradation to yield a humus-like product meeting the MPCA's class
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 9 of 47
I or class II, or equivalent, compost standards and where process
residues do not exceed 15% by weight of the total material delivered
to the facility; and
5. May be delivered to a transfer station, mixed municipal solid waste
processing facility, or recycling only for the purposes of composting
or transfer to a composting facility, unless the MPCA determines that
no other person is willing to accept the materials.
1.1.31. Trash: See Mixed Municipal Solid Waste.
1.1.32. Volume-based charges: Charges that vary based on limits of MSW which
a premise is permitted to dispose of,often measured by the Trash Cart size.
Yard Waste: Has the meaning prescribed in Dakota County Ordinance
No. 110,which states: "Yard Waste"means garden wastes, leaves, lawn
cuttings, weeds, shrub and tree waste, and prunings generated at
residential, commercial, or public properties.
2. TERM OF AGREEMENT
2.1. This Agreement shall commence on the Effective Date and remain in effect
through December 31, 2026.
2.2. At the expiration of the initial contract term, the parties, upon mutual consent,
may extend the contract for one (1) initial five (5) year term, and up to two (2)
additional two year terms each under prices as may mutually be negotiated for the
option years by delivering written notice of its intent to extend the term to DSI at
least six(6)months prior to the expiration of the contract term.
2.3. Pursuant to Section 21, infra, The City reserves the right to terminate this
Agreement for material breach by DSI subject to Section 19;provided,however,
that DSI will be given written notice of such material breach and a thirty (30)
business day period to cure before termination is effective. If said material
breach is cured within the period, the termination will become null and void.
Termination shall notaffect the City's right to make a claim against DSI or its
Performance Bond for the damages on account for such a breach.
2.4. No assignment of any rights or obligations under this Agreement shall be made
without written approval of the City Council and by mutual agreement of both
parties,unless such assignment is to an affiliated entity or subsidiary of DSI.
3. GENERAL COLLECTION REQUIREMENTS
3.1. DSI is declared to be an Independent Contractor and nothing in this Agreement
shall be construed to create the relationship of employer and employee between
the City and DSI, its agents or its employees.
3.2. DSI shall furnish all labor and equipment as shall be necessary and adequate to
insure satisfactory collection,transportation and proper separation and processing
of the MSW, Recyclables, Bulky Wastes and Yard Wastes from all residential
dwellings and businesses (Premises) in the City. All work to be performed
hereunder shall be done so as to protect to the highest extent the public health and
safety.DSI shall collect,transport and arrange or provide processing of all MSW,
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 10 of 47
Recyclables, Bulky Wastes and Yard Wastes from all Premises within the
corporate limits of the City, as follows:
3.2.1. Licenses and Permits.DSI shall ensure at its own expense that all driver
and truck licenses and permits are current and in full compliance with
local,state and federal laws and regulations.Any Processing Facility used
to handle MSW, Recyclables, Bulky Wastes and Yard Wastes from the
City must have current permits and licenses and make the same available
upon request by the City.
3.2.2. Compliance with Law. DSI shall comply with all Federal, State, County
and City laws, regulations and local ordinances pertaining to the
Collection and processing of Recyclables, Solid Waste and Yard Waste.
3.2.3. Frequency of Collection. MSW collection shall be weekly for each
Premise.Recyclables collection shall be weekly for each Premise.Bulky
Waste collection shall occur at least once every week for premises
requesting the service from the City. Yard Waste collection
shall be weekly during the season beginning on or about mid-April and
continuing through mid-November, weather permitting and as needed.
Residents shall place all Carts curbside no later than 7:00 AM on
collection day. DSIshall furnish the City and all of its Premises with a
written copy of theschedule of collection for each Premise.
3.2.4. Hours of Collection. Collection shall not start before 7:00 a.m. or
continue after 5:00 p.m. on the same day. Exceptions to collection hours
shall occur only by prior permission of the City. DSI shall request
permission from the City for any exception first via telephone and then in
writing(email to the City Administrator or designee is acceptable)with an
explanation as to the reason for the exception.
3.2.5. Holidays. When a Holiday falls on the day that Collection will normally
be made, each subsequent collection day will be delayed one day. It shall
be DSI's responsibility to inform residents in a timely manner of any
change in the collection schedule as a result of a Holiday.
3.2.6. Delays. DSI shall make every effort to maintain established scheduled
pick-ups even though conditions such as weather may be adverse. In no
event shall DSI be required or suffer penalty for failure to perform a
scheduled pickup when prevented from doing so as the result of an undue
accumulation of snow, unsafe driving conditions, and/or other
circumstances beyond the reasonable control of DSI.. In such case,
collection shall be made on the next day, if reasonably practicable.
3.2.7. Containers.DSI shall provide each residence with a Trash Cart,a clearly
distinguished Recycling Cart and when requested by a subscribing
customer, a Yard Waste Cart. The cost of providing the Cart is built into
the rate of the Agreements and DSI may not charge additional fees for
carts. DSI shall be responsible for the maintenance of the Carts and except
in the case of abuse and/or misuse by a resident, shall replace damaged or
broken Carts free of charge.Upon the termination of this Agreement, DSI
shall collect all Carts at DSI's expense. Carts shall be handled with
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 11 of 47
reasonable care to avoid damage and are to be replaced in anupright
position with the lids closed.
3.2.8. DoorstepNalet Collection. DoorstepNalet Collection rather than
curbside or alley collection must be allowed for senior citizens and
persons with decreased mobility for no additional charge with
verification of need.
3.2.9. Missed Collections. In the case of alleged missed collections, DSI shall
investigate,and, if such allegations are verified,DSI shall then arrange for
the Collection of the subject materials no later than 4 p.m. the next
business day.
3.2.10. Spills or Leaks. Any contents spilled or fluids leaked from the MSW,
Recyclables,Bulky Wastes or the trucks shall be cleaned up immediately
in a professional manner. If DSI fails to clean up any scattered or spilled
material or leaked material or fluids within three hours after oral or written
notice (email is acceptable) from the City, the City may cause such work
to be done and deduct the reasonable cost thereof from any payments due
and owing DSI, in addition to any other remedies provided herein.
3.2.11. City Property. DSI must provide Trash and Recyclables Collection, at
no additional cost to the City, for the properties in Attachment A. Sizes of
recyclable containers to be serviced by DSI and frequency of service will
be determined by the City. The city may add or delete properties to this
property list on an as needed basis.
3.2.12. Fees for Special Events.Cleanup fees and schedules for all special events
or other services in the City Parks shall be negotiated between the party
arranging the special events and DSI , provided, however, that DSIshall
not have exclusive rights to provide service at these events and the parties
arranging special events may contract for services with a hauler oftheir
choice.DSI will provide containers,transportation and disposal for refuse
and recycling at mutually agreeable City sponsored events without
compensation.
4. COLLECTION EQUIPMENT AND PERSONNEL
4.1. Provision of Equipment. DSI shall provide all equipment necessary for
Collection and transportation of collected Trash,Recyclables,Bulky Wastes and
Yard Wastes. All trucks shall be maintained so the material being collected and
transported will not be seen and will not blow, fall or leak from the vehicle and
fluids will not leak from the trucks.
4.2. Maintenance of Equipment. DSI shall maintain equipment, used in the
performance of this Agreement in a clean and sanitary condition and shall at all
times operate such equipment in compliance with State law and City ordinances.
4.3. Compliance with Truck Road Weight Restrictions. It shall be DSPs sole
responsibility to comply with all road weight restrictions. DSI shall immediately
inform the City of any notices of exceeding such restrictions. The City retains the
right to inspect and/or weigh DSPs trucks at any time.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 12 of 47
4.3.1. DSI shall be responsible to notify customers receiving service in
alleyways that their service will be provided curbside when road weight
restrictions are in effect.
4.4. Personnel. DSI shall retain sufficient personnel and equipment to fulfill
therequirements and specifications of this Agreement. DSI`s personnel shall be
trained both in program operations and in customer service,and DSI shall insurethat all
personnel maintain a positive attitude with the public,and shall:
4.4.1. Conduct themselves at all times in a courteous manner and use no abusive
or foul language.
4.4.2. Make a concerted effort to have at all times a presentable appearance and
attitude.
4.4.3. Wear a uniform and employee identification badge or name tag.
4.4.4. Drive in a safe and considerate manner.
4.4.5. Manage Carts in a careful manner so as to avoid spillage and littering
ordamage to the Cart. Carts shall not be replaced in the street and shall
bereplaced in an upright position.
4.4.6. Monitor for any spillage or vehicle leaks and be responsible for cleaning
up any litter,breakage or leaks.
4.4.7. Avoid damage to personal or City property.
4.4.8. Not perform their duties or operate vehicles while consuming alcohol or
illegally using controlled substances or while under the influence of
alcohol and/or such substances.
5. INSURANCE; INDEMNIFICATION
5.1. General Liability. DSI shall maintain Commercial General Liability insurance in a
minimum amount of$5,000,000 per occurrence;$5,000,000 aggregate.The policy shall
cover liability arising from premises, operations, products-completed operations,
personal injury, advertising injury, and contractually assumed liability. The City,
including its elected and appointed officials, employees, and agents, shall be endorsed
as additional insured,to the extent such liabilities have been assumed by DSI hereunder.
Such limits of liability may be satisfied through both primary and excess/umbrella
policies, certificates of which will be provided to City upon written request.
5.2. Automobile Liability. DSI shall maintain Business Automobile Liability
insurance,including owned,hired,and non-owned automobiles,with a minimum
combined single liability limit of$5,000,000.
5.3. Workers' Compensation.DSI shall maintain Workers' Compensation insurance
for all its employees in accordance with statutory requirements of the State of
Minnesota. DSI shall also carry Employers' Liability Coverage with minimum
limits as follows:
1,000,000—Bodily Injury by Disease per employee
a $1,000,000—Bodily Injury by Disease aggregate
1,000,000-Bodily Injury by Accident
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 13 of 47
5.4. Pollution Liability Insurance.DSI shall maintain Pollution Liability insurance
in a minimum amount of$1,000,000 per occurrence: $2,000,000 aggregate, for
claims arising from the discharge, dispersal, release or escape of any irritant of
contaminant into or upon land,any structure,the atmosphere,watercourse or body
of water, including groundwater. This shall include on and off-site clean up and
emergency response costs.
5.5. Certificate of Insurance. DSI shall, prior to commencing any services, deliver
to the City Certificate of Insurance as evidence that the above coverages are in
full force and effect. The insurance requirements may be met through any
combination or primary and umbrella/excess insurance. DSI's policies shall be
primary insurance and non- contributory to any other valid and collectible
insurance available to the City with respect to any claim arising out of DSI's
performance under this Agreement. DSI's policies and Certificate of Insurance
shall contain a provision that coverage afforded under the policies shall not be
cancelled without at least thirty(30)day's advanced written notice to the City,or
ten (10)days' written notice for non-payment of premium.
5.6. Performance Bond. DSI shall obtain a Performance Bond in the amount of
750,000 payable to the City for the use of said City. The Performance Bond shall
be signed by DSI with a City-approved Surety Company as surety. The
Performance Bond shall at all times be kept in full force and effect.The bond shall
be filed with the City Administrator/Clerk or the designee.
5.7. Payments. DSI shall pay all bills or claims for wages, salaries and supplies,
incurred in the operation of the collection service. The City has no obligation or
responsibility for bills or debts incurred by DSI.
5.8. Indemnification. DSI shall defend, indemnify and save harmless the City from
any and all claims and causes of action which may be asserted against the City to
the extent caused by negligent act or negligent omission, or any misfeasance or
malfeasance of DSI or its affiliates, employees or agents in connection with its
performance under thisAgreement. DSI shall defend, indemnify,keep and save
harmless the City and its respective officers,agents and employees against any or
all suits or claims thatmay be based upon any injury or damage to persons or
property that may occur, or that may be alleged to have occurred, to the extent
caused by DSI or its affiliates, employees, or agents in the course of the negligent
performance of this Agreement, and also any claims to the extent negligently
caused by DSI or its affiliates, employees, or agents in connection with:
5.8.1. the Minnesota Environmental Response and Liability Act("MERLA")
enacted in 1983:
5.8.2. its federal counterpart, the Comprehensive Environmental Response
Compensation and Liability Act of 1980 as amended by the Superfund
Amendments and Reauthorization Act("SARA"of 1986(together known
as CERCLA):
5.8.3. any administrative rule or statue of Minnesota or any other State:
5.8.4. any common law theory of and other State or the United States: or
5.8.5. claims based upon the clean-up of abandoned or existing sites
contaminated or allegedly contaminated with hazardous substances,if any
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 14 of 47
claims described in(a)through(e) are based upon solid waste transported
from the City by DSI or his/her subcontractors or his/her or their agents
or in connection with any claim based on lawful demands of subcontractor,
work person,suppliers;and whether or not the persons injured or whose property
was damaged were third parties, employees or DSI or employees of an
authorized subcontractor;and DSI shall at his/her own expense defend the City
in all litigation,pay all attorneys'feesand all costs and other expenses arising out
of the litigation or claim or incurred in connection therewith;and shall,at his/her
own expense, satisfyand cause to be discharged such judgments as may be
obtained against theCity,or any of its officers,agents or employees.
6. MSW (TRASH) COLLECTION
6.1. Waste Removal. DSI shall provide for the removal of Trash from all Premises
in the City. DSI shall offer its services to all residential dwellings and all
businesses in the City, without exception, by written notice, describing service
schedules and rates and Cart options. Such notice shall be delivered at least
annually in a form and content approved by the City.
6.2. Refusal Notice.If any subscribing person places any items out for pickup and
the item is not taken by DSI, DSI shall provide notification to the resident of
reason(s)for refusal to pick up the item.
6.3. Carts. DSI shall make carts available to each Premise for Trash Collection.
6.4. Required Disposal.Pursuant to MN 115A.46 and 115A.471 all waste collected
by DSI in the City shall be delivered to the transfer station, and transported to
the Red Wing Resource and Recovery facility or as otherwise as approved by
the City.
7. RECYCLABLES COLLECTION
7.1. Single Sort Recycling: DSI shall not require separation of Recyclables by type
but shall permit City residents to aggregate all of their Recyclable Materials into
the same Cart for collection by DSI.
7.2. Recyclables to be Collected: DSI shall collect at the List of Recyclables as
determined by Dakota County in addition to those Recyclables for which it has
found or developed markets.
7.3. Additional Recyclable Materials. After maximizing the use of their recycling
Cart, residents who have a large amount of Cardboard or other Recyclables may
bundle this material up and leave it beside the Recycling Cart for pickup and DSI
shall pick up such additional Recyclables at its regular Collection time at no
additional charge. Customers may request a second Recycling Cart at a cost not
toexceed the approved rate schedule.
7.4. Ownership of Recyclables. All recyclables placed for Collection by residents
shall remain the responsibility and ownership of the residents until picked up by
DSI. The City requires that all collected Recyclables must be delivered to the
Recycling Processing Facility;there shall be no scavenging of materials set out by
residents.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 15 of 47
7.5. Changes to Collection System.DSI shall not make changes to the Single Stream
Collection or processing system without written direction of the city.
7.6. Processing of Recyclables. DSI shall haul all collected Recyclables to a
Recyclables Processing Facility or end market for sale or reuse, or to an
intermediate collection center for later delivery to a Recyclables Processing
Facility or end market. A weight ticket shall be received by DSI showing the
tonnage of Recyclables collected within the City. Such invoice must be in a form
sufficient to qualify the recyclables as having been properly processed for
purposes of this Agreement. DSI may not transport the Recyclables to a mixed
municipal solid waste disposal facility. DSI or its subcontractors shall not
landfill,incinerate,compost or make fuel pellets out of the Recyclable Materials.
All costs of transporting and depositing the Recyclables with the Recyclables
Processing Facility or the end market shall be at the sole expense of DSI.
7.7. Recycling Revenue Sharing. DSI agrees to take all reasonable measures to
maximize revenue from the sale of recyclable materials. If revenue from the sale
of recyclables exceeds the cost to process recyclable materials DSI will refund
50%of the net proceeds to the City.
8. YARD WASTE COLLECTION
8.1. DSI shall provide separate yard waste collection as an additional service during
the months of mid-April through mid-November,weather permitting.DSI shall
be responsible for notifying customers of the beginning and end of yard waste
season.
8.2. Yard waste shall be prepared as specified by DSI and shall be collected
atcurbside on the same day as Trash collection.
8.3. Yard Waste may not be placed or collected in plastic bags,to comply with
Minnesota Statute (M.S. 115A.931, Subd. (c)and M.S. 325E.046).
8.4. Yard waste service shall be made available on an annual subscription basis or on
an on-call by the bag basis. DSI shall provide Yard Waste carts to subscription
customers. Charges for yard waste services shall be in accordance with the
approved rate schedule.
9. BULKY WASTE AND ELECTRONIC WASTE COLLECTIONS
9.1. DSI shall Collect Bulky Waste or Electronic Waste from Premises at the
resident's request. Collection shall be made within one(1)calendar week of the
request.
9.2. DSI shall provide Collection,processing and marketing or disposal services
related to these bulky items and electronic waste.
9.3. DSI shall set their own price schedule for bulky item collection and provide
Farmington customers a percentage discount as show in Attachment C.
9.4. The City's ordinance,nor this agreement shall be interpreted to preclude
customers from obtaining service from other haulers for bulky waste.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 16 of 47
10. SOURCE SEPARATED ORGANICS (SSO) COLLECTIONS
10.1. DSI and the City agree to monitor the Dakota County Organics Drop site in
Farmington. Should the City determine the need for a curbside collection
program, DSI will work with the City to develop a SSO pilot program.
11. Public Education and Outreach
11.1. Education. DSI will assist in the distribution of educational materials in
compliance with Dakota County educational requirements related to solid waste.
This shall include, but is not limited to,two (2) education/outreach actions per
year, which may include direct-mail pieces, Farmington specific recycling
education advertising in the City of Farmington Newspaper of Record,literature
drops at Premises, or other City-approved options. The method of distribution
and content of materials shall be approved by the City in writing prior to
distribution. Additional agreed upon education actions may be implemented,
such as targeting new residents or recycling incentives programs.
11.2. Outreach. DSI will participate in public outreach events that may include,but
are not limited to, annual education day coordinated with Farmington Schools,
Earth Day activities, and the Farmington Community Expo.
12. COLLECTION REPORTS
12.1. Weight Records. DSI will keep accurate records of the weights and types of
recyclables collected in the City. Collected recyclables will be weighed after
completion of a route or at the end of the day,whichever occurs first,on a certified
scale. All recyclables and MSW collected in the City shall be weighed separately
from recyclables and MSW collected in other geographic subdivisions.A copy of
each weight ticket for separated recyclables and for MSW shall be kepton file, as
shall records of facilities that the recyclables are taken to and the recyclable
markets used for recyclables generated in the City and/or amount of City
recyclables stored by those facilities.
12.2. DSI shall participate with the City in tests such as waste sorts to confirm the
methodology and accuracy of the above data for weights of MSW and recyclables
or to identify opportunities to increase recycling.
12.3. Quarterly Reports. Upon request, DSI will submit quarterly reports to the City.
Reports shall be due to the City by the fifteenth(15th)day of April,July, October
and January. DSI is encouraged to include in its reports recommendations for
continuous improvement in the City's recycling program (e.g.,public education,
business recycling, etc.). DSI agrees to make one annual report at a City Council
meeting.
At a minimum,DSI shall include the following information in these reports:
A. Total tons of recyclables and MSW collected. "Total tons" is defined as
the combined number of tons recorded from the total actual recyclable and
MSW pick-ups (stops) recorded for each of the three (3) months of the
reporting quarter.
B. Method used to collect and report total quantities of recyclables and MSW
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 17 of 47
collected.
C. Available pick-ups(stops). "Available pick-ups"is defined as the number
of residential accounts billed for each of the three (3) months of the
reporting quarter.
D. Total number of MSW pick-ups(stops),"defined as the combined number
of actual MSW pick-ups recorded for each of the three (3) months of the
reporting quarter.
E. Total number of Recycling Pick-ups (stops) made, defined as the
combined number of actual Recycling pick-ups recorded for each of the
three(3)months of the reporting quarter.
F. Total number of Bulky Waste Pick-ups made, and Total number of
Electronics Waste Pick-ups made, defined as the combined number of
actual pick-ups recorded for each of the three(3)months of the reporting
quarter.
G. Total number of Yard Waste Pick-ups made, defined as the combined
number of actual Recycling pick-ups recorded for each of the three(3)
months of the reporting quarter.
H. Log of all complaints,including the nature of the complaints,to include
the following:
1. Names, addresses, and contact numbers of the complainants;
2. The date and time received;
3. DSI`s response; and the date and time of the response.
4. Log of addresses of premises that did not put out recyclables containers
that month.
I.Education materials provided to City residents that quarter.
J.Suggestions for improvements to the City's recycling program.
12.4. Monthly Reports.Upon request,DSI shall also submit a report monthly in compliance
with Section 14.3,Customer Service.
12.5. Access to Records. DSI shall provide to the City during normal business hours,
reasonable access to non-confidential/non-privileged records to include books,
documentation,papers, weigh tickets and other records that are directly pertinent to the
required reports required by this Agreement.DSI shall document and retain dated market
weight receipts of recyclable materials sold for the last three years,which upon request
will be made available to the City for review.
12.6. The City may request and DSI must provide in electronic format;the name,address,
phone number,email and service level(s)for each premises in the City.
13. BILLING
13.1. Billing. DSI shall collect all charges from each Premise for its Collection
services.
13.2. Contracts for Additional Collections. DSI may, independently of this
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 18 of 47
Agreement,contract with any premise to collect Trash or Solid Waste excluded
from the mandatory Collection by the Agreement. DSI 's charge for the servicesshall
be listed in Attached Exhibit A,subject to change with the written approvalof the City.
If the Collection is not listed, the price shall be negotiated between DSI and the
customer.
13.3. Delinquent Accounts. DSI may handle delinquent accounts in the same manner
as its other customers. This may include suspension of service. DSI shall provide
notice when it has suspended service on an account.
13.4. Extended Leave Discontinuance. A Premise can obtain a discontinuance of
service of more than a month but less than six months for an extended leave or
vacancy. There shall be no charge for suspending service.
13.5. Collection Fees. Volume/weight-based Trash fees must be offered to each
Premise (MN§I15A.93 subd.3). The rate that DSI shall charge will be in
accordance with the approved rate schedule. Other rates not included in
the rate schedule in Attachment C shall be mutually agreed upon.
13.6. Rate increase. City or DSI may propose amendments to the rate schedule before
September 15 of any given year for the next calendar year. The parties shall enter
into negotiations in good faith and any new rate changes shall be reduced to
writing in the form of an amendment to this Agreement. Rate increases may not
take effect during a billing cyclefor any customer.Rate increases must take effect
on the next billing cycle after the rate increase is approved.
13.7. Late fees. DSI will charge no more than $10.00 per month in late fees, with the
maximum amount of late fees due and owing at any given time capped at$30.00.
DSI agrees to make good faith efforts to reduce or eliminate late fees by utilizing
payment plans, grace periods, etc....
14. INDEPENDENT CONTRACTOR
14.1. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating, or establishing the relationship of employer/employee
between the parties.DSI shall,at all times,remain an independent contractor with
respect to the services to be performed under this Agreement. Any and all
employees of DSI or other persons engaged in the performance of any work or
services required by DSI under this Agreement shall be considered employees or
subcontractors of DSI only and not of the City; and any and all claims that mightarise,
including worker's compensation claims under the Worker's Compensation Act of the
State of Minnesota or any other state,on behalf of said employees or other persons while
so engaged in any of the work or services provided to be rendered herein,shall be the sole
obligation and responsibility of DSI.
15. CUSTOMER SERVICE REQUIREMENTS
15.1. Complaints. DSI shall provide staffing of a telephone equipped office to receive
missed Collection complaints and other complaints between the hours of 7:30
a.m. until 5:00 p.m. Monday through Friday. DSI shall have an answering
machine or voice mail system activated to receive phone calls after hours. The
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 19 of 47
address and telephone number of the office shall be given to the City in writing,
with ten(10)days prior notice of a change therein.DSI shall also allow complaints
to be made electronically(by e-mail).
15.2. Immediate Complaint Response. Complaints on service will be taken and
collected solely by DSI. The City shall route all customer service calls it
receives regarding solid waste operations to DSI. DSI is responsible for
corrective actions. DSI shall answer all complaints courteously and reasonably
promptly.
15.3. Monthly Customer Service Report to City. Upon request, each month DSI
shall provide the City with a report of all customer complaints,the nature of these
complaints and a description of how each complaint was resolved. The names of
the complainants and contact numbers or e-mail addresses must also be included.
15.4. Failure to Perform. Subject to any other provision herein, in the event DSI fails
to collect the MSW, Recyclables, Bulky Wastes, and Yard Waste as required by
this Agreement, the City may,at its option,hire such labor and equipment as may
be necessary to collect and dispose of such MSW, Recyclables and Yard Waste
after DSI is given five(5)business days to remedy the situation. The City may,at
the City's sole option, terminate this Agreement in accordance with Article
Eighteen (18). In the event remedy does not occur, DSI shall reimburse the City
for all reasonable collection expenses the City incurs above and beyond the
amounts the City is obligated to pay for such collection under this Agreement or
the City shall utilize the Performance Bond for such expenses.
15.5. Location of Customer Service Center. DSI agrees to ensure their customer
service center is co-located with their primary operations center(the operations
location primarily servicing Farmington) for the duration of this contract.
16. SPECIAL CONDITIONS
16.1 Cardboard Dumpster at City Facilities. DSI agrees to maintain dumpsters for
cardboard recycling for public use at a location to be determined by the City, at no
cost to the City. The size, number and frequency of collection for this dumpster
shall be determined by the City and may be dependent upon seasonal needs (i.e.holiday
season may require additional collection or containers).
16.2 Routing and Collection Schedules. The City must approve all routing and
collection schedules.DSI may propose routing and collection changes from time
to time as becomes necessary or apparent for efficient collection.DSI is required
to communicate routing and collection changes to customers.
16.3 Christmas Tree Collection.DSI agrees to provide Christmas tree collection for
bare Christmas Trees (lights, ornaments,tinsel, etc.... removed) during the first
two weeks of each year.Fees for Christmas tree collection will be in accordance
with the approved rate schedule. Customers with subscription yard waste service
shall receive Christmas tree collection included in the cost of subscription yard
waste.
16.4 Farmington Specific Webpage and Social Media. DSI agrees to maintain a
webpage on their website with information specific to Farmington residents.
DSI also agrees to, upon request, establish Farmington specific social media
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 20 of 47
page(s)todistribute information to Farmington residents.
16.5 Contact information. DSI agrees to provide contact information to the City of
Farmington for the following: at least one employee of DSI authorized to
manage operational issues that arise, at least one employee of DSI authorized to
managecustomer service issues as they arise, at least one employee of DSI
authorized toresolve contract related issues as they arise.
16.6 Park Recycling. DSI and the city agree that DSI will provide for the necessary
labor,equipment and processing at no charge to the city for recycling in the city's
parks. This section extends to any city park land the city deems to be eligible for
recycling services.Recycling in parks is expected to be a joint effort between the
city and DSI to ensure that usage is sufficient to merit recycling in a given park,
that the recyclable loads collected in parks are "clean" and that recycling
receptacles are accessible to DSI on a curbside basis.
17. Purchase of City Assets
17.1 Refuse Cart Ownership. DSI agrees to purchase from the City all refuse carts
owned by the city as detailed on Attachment B. The City shall provide a bill of
sale documenting such purchase no later than December 31, 2021.
Notwithstanding the foregoing, if City early terminates this Agreement prior to
expiration of the term then City agrees to buy-back such carts for a purchase price
of$10.00 and DSI shall provide a bill of sale for such buy-back no later than thirty
days following such termination.
17.2 Vehicle and Equipment Ownership.If applicable, DSI agrees to purchase from
the City the vehicles and equipment owned by the City as detailed on Attachment
B. The City shall provide ownership documents and any existing/extended
warranty documents to DSI upon receiving payment no later than December 31,
2021.
17.3 As is.Assets are being transferred on an"AS IS" basis. City disclaims any and
all warranties, express or implied, regarding the assets, including,but not limited
to,their physical condition, and makes no warranty or merchantability or fitness
of the assets for any particular purpose, express or implied.DSI releases City
from any and all claims at law or equity regarding the acquired assets and their
physical condition,merchantability, or fitness for any particular purpose.
18. ASSIGNMENT AND SUBCONTRACTING
18.1. DSI shall not assign or subcontract except to affiliates of the Contractor this
Agreement or any interest therein or any privilege or right granted therein without
the prior written consent of the City. Consent to one assignment or subcontract shall not
be deemed to be consent to any subsequent assignment or subcontract.
19. MISCELLANEOUS
19.1. Liquidated Damages. Subject to any other provision herein, including the
requirement to provide DSI notice and an opportunity to cure, DSI agrees, in
addition to any other remedies available to the City, that the City may withhold
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 21 of 47
payment from DSI in the amounts specified below as liquidated damages for
failure of DSI fulfilling its obligations:
19.1.1. Failure to respond to legitimate service complaints within 24 hours in
areasonable and professional manner—fifty dollars ($50)per incident.
19.1.2. Failure to collect properly notified missed collections—two hundred and
fifty dollars ($250)per incident.
19.1.3. Failure to provide monthly and/or annual reports or requested data—one
hundred dollars ($100)per incident.
19.1.4. Failure to complete the collections within the specified timeframes
without proper notice to the City—one hundred dollars($100)per
incident.
19.1.5. Failure to clean up spills during collection operations—two hundred fifty
dollars ($250)per incident.
19.1.6. Failure to report on changes in location of Recyclables Processing
operations two hundred fifty dollars ($250)per incident.
19.1.7. Failure to collect Farmington's List of Standard Recyclables within one
month of notification of a change to the List one hundred dollars($100)
per week of non-collection.
19.1.8. Failure to maintain current County licenses to haul MSW,Recyclables,
Organics,Bulky Wastes or Yard Waste five hundred dollars($500)per
day.
19.1.9. Notwithstanding anything in the foregoing, the City shall have a
maximum of sixty (60) days to raise the failure of DSI's obligations,
by written notice to DSI. In the event such failure is not timely raised,
the City waives the right to impose such Liquidated Damages.
19.2. Waiver.The waiver by the City of any breach or violation of any term covenant,
or condition of this Contract shall not be a waiver of any subsequent breach or
violation of the same or any other term, covenant, or condition hereof.
19.3. Binding Effect.The terms, covenants,and conditions of this contract shall apply
to, and shall bind and inure to the benefit of the parties, their successors, and
assigns.
19.4. Data Practices. DSI agrees to comply with the Minnesota Government Data
Practices Act and all other applicable state and federal laws relating to data
privacy or confidentiality. DSI must immediately report to the City any requests
for third parties for information relating to this Agreement. The City agrees to
promptly respond to inquiries from DSI concerning data requests. DSI agrees to
hold the City,its officers,and employees harmless from any claims resulting from
DSI`s unlawful disclosure or use of data protected under state and federal laws.
19.5. Force Majeure: Whenever a period of time is provided for in the Contract for
either the City or DSI to so or perform any act or obligation,neither parry shall be
liable for any delays or inability to perform due to causes beyond the control of
said party such as war, riot, unavoidable casualty or damage to personnel,
materials or equipment, fire, flood, storm, earthquake,tornado or any act of God,
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 22 of 47
but not strike or lockout. The time period for the performance in question shall be
extended for only the actual amount of time said party is so delayed.
19.6. Excluded Waste:Notwithstanding anything herein to the contrary:(a)Contractor
shall have no obligation to collect any material which is or contains, or which
Contractor reasonably believes to be or contain, radioactive, volatile, corrosive,
highly flammable, explosive, biomedical, infectious, biohazardous, toxic or
hazardous material as defined by applicable federal, state or local laws or
regulations ("Excluded Waste"); (b) if Contractor finds what reasonably appears
to be discarded Excluded Waste,Contractor shall promptly notify the City and the
producer of the Excluded Waste, if the producer can be readily identified; and(c)
title to and liability for any Excluded Waste shall remain with the producer of the
Excluded Waste, even if Contractor inadvertently collects or disposes of such
Excluded Waste. Bulky Wastes, Electronic Waste, Mixed Municipal Solid
Waste, Problem Material Waste, Recyclables, Source Separated Organics, Solid
Waste, and Trash all exclude Excluded Waste.
19.7. The City and residents must comply with any description of and/or procedures
with respect to removal of contaminants or preparation of recyclable materials and
organic materials as reasonably provided by Contractor. If the City fails to do so,
they shall not be considered Recyclables or Source Separated Organics, as
applicable, and Contractor may decline to collect such materials without being in
breach of the contract. Contractor shall not be responsible for and has not made
any representation regarding the ultimate recycling of Recyclables by any third
party facilities.
19.8. The rights granted to Contractor under the contract shall be exclusive. The City
may, in its sole discretion, enforce the exclusivity provisions of the contract
against third-party violators, taking into account the cost of doing so and other
factors. Contractor may independently enforce the exclusivity provisions of the
contract against third-party violators, including, but not limited to, seeking
injunctive relief and/or damages, and the City shall use good-faith efforts to
cooperate in such enforcement actions brought by Contractor. The City shall use
its best efforts to adopt ordinances, rules or regulations that have the effect of
requiring third parties, including, without limitation, customers, to comply with
the provisions of the contract, including,without limitation,the exclusive service
rights granted to Contractor pursuant to the agreement.
19.9. Notwithstanding anything herein to the contrary, to the extent supplied by
Contractor,in the event that a waste container becomes lost,unsightly,unsanitary,
broken,or unserviceable because of the acts or omissions of the City or a resident
excluding normal wear and tear), the City or relevant customer will be charged
for the resulting repairs or replacement and such amounts will be paid to
Contractor upon demand.
19.10. Any equipment furnished hereunder by Contractor shall remain the property of
Contractor; however, the residents and the City (as applicable) shall have care,
custody and control of the equipment while at the service locations. Residents
shall not alter the equipment and shall use the equipment only for its proper and
intended purpose.Residents and the City must provide unobstructed access to the
equipment on the scheduled collection day.The word"equipment"as used herein
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 23 of 47
shall mean all containers used for the storage of non-hazardous solid waste.
19.11. Notwithstanding anything herein to the contrary,Contractor may pass through and
the customers shall pay to Contractor any documented increases in disposal fees,
increases in Contractor's costs due to changes in local, state or federal rules,
ordinances or regulations applicable to Contractor's operations or the services
provided hereunder, and any increases in and newly imposed taxes, fees or other
governmental charges assessed against or passed through to Contractor (other
than income or real property taxes).
19.12. City warrants that the Residents' and City's pavement, curbing or other driving
surface or any right of way reasonably necessary for Contractor to provide the
services described herein are sufficient to bear the weight of all of Contractor's
equipment and vehicles reasonably required to perform such services. Contractor
will not be responsible for damage to any such pavement,curbing,driving surface
or right of way, and City agrees to assume all liabilities for any such damage,
which results from the weight of Contractor's vehicles providing service at
Residents' and City's location.
20. PERFORMANCE REVIEW
Upon receipt of Contractor's annual report,the City shall schedule an annual meeting with
Contractor. The objectives of this annual meeting will include(but not be limited to):
20.1. Review DSI's annual program and material report.
20.2. Review efforts DSI has made to expand participation in the waste diversion
programs (Recycling, SSO, Yard Waste).
20.3. Review DSI's performance based on feedback from customers to City staff.
20.4. Review Contractor's recommendations for improvements to the City's program,
including enhanced public education and other opportunities.
20.5. Review staff recommendations for improving DSI's service.
20.6. Discuss other opportunities for improvement in the remaining years of the current
Agreement.
21. TERMINATION
The City may terminate this Agreement if DSI fails to fulfill its obligations under the Agreement
in a proper and timely manner, or otherwise violates the terms of the Agreement if the default
has not been cured after thirty (30) days written notice has been provided. The City may also
terminate this Agreement immediately if DSI fails to maintain County permits requiredto collect
and transport MSW, Recyclables, Source Separated Organics or Yard Waste. The Cityshall pay
DSI all compensation earned prior to the date of termination minus any damages and costs
incurred by the City as a result of the breach. If the Agreement is cancelled or terminated, all
finished or unfinished documents, data, studies, surveys, maps, photographs, reports or other
materials prepared by DSI under this Agreement shall, at the option of the City, become the
property of the City,and DSI shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 24 of 47
IN WITNESS WHEREOF,the parties have hereunto executed this Agreement,by their
officers,as of the day and year first above written.
CITY OF FARMINGTON DICK'S SANITATION SERVICE,INC.
Bye--- By
Jos—&ua Hoyt,M r L
By.
David McKnight, Administrator
STATE OF MINNESOTA
SS.
COUNTY OF (,c c v )
Subscribed and sworn to before me by Ile y't and HcL,v'j re- ,respectively,the
Mayor and City Administrator of the City ofa MinaMtnensotamunicipalcorporationthis
5`
1"
Day of,tfe, n.6N- ,20
7MMAAMULLERS
NOTARY PUBLIC
MINNESOTA
Nofary Public
My COmm45ion Expires Jen 31,2025
STATE OF MINNESOTA
SS.
COUNTY OFL `J ' (ice!
Subscribed and sworn to before me on behalf of DSI by al's,& T( i p I the
4n(--- jMOK of DSI ,a Minnesota
corporation(Title)
this t N\ Day of K)t tUA- 2Q-Ll
SUSAN J WMER
NOTARY PUBLIC
MINNESOTA
My Commissian Expires Jam 31,2025
Notary Public
F
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 25 of 47
Attachment A
City Facilities
This list is provided for reference. The city and DSI both recognize that there will be changes
atthe discretion of the city in service locations, service size and frequency depending on need
anduse of facilities.
Seasonal collections shall be April—November each year, as determined by weather and use.
Facility and Location Type of Service&Estimated Service Level
City Hall Trash: 1 300 gallon 2x/wk Tu&F
430 Third Street Recycling:2 yards lx/wk
Organics: 195 gallons EOW
Rambling River Center Trash: 1 300 gallon 2x/wk Tu&F
325 Oak Street Recycling:2 95 gallons EOW
Organics: 195 gallons lx/mo
Maintenance Facility Trash: 1 300 gallon 2x/wk Tu&F
19650 Municipal Drive Recycling: 4 yards lx/wk
Police Station Trash: 1 300 gallon 2x/wk Tu&F
19500 Municipal Drive Recycling:4 yard EOW
Fire Station#1 Trash: 1 300 gallon lx/wk W
21625 Denmark Avenue Recycling: 195 gallon EOW
Fire Station#2 Trash: 1 300 gallon lx/wk W
19695 Municipal Drive Recycling: 195 gallon EOW
Schmitz-Maki Arena Trash: 1 300 gallon 3x/wk M/W/F(changes
114 Spruce Street seasonally)
Recycling:2 yards EOW
Organics:temporarily discontinued
Rambling River Park Trash:2 300 gallons 2x/wk M&Th
17 Elm Street Recycling:n/a
Feely Fields Trash: 3 300 gallons 2x/wk M&Th
21250 Denmark Avenue Recycling:n/a
Liquor Store north Trash:2 300 gallons M&Th
18350 Pilot Knob Recycling:
Liquor Store#1 Trash:2 300 gallons M&Th
923 8`h Street Recycling: 6 yards 2x/wk
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 26 of 47
Attachment B
Transition of Assets
Description of Asset
Purchase
Price
2006 Perterbilt 320 with Rapid Rail 50,000.00
2008 Perterbilt 320 with Rapid Rail 50,000.00
2014 Perterbilt 320 with Rapid Rail 127,500.00
2017 Perterbilt 320 with Rapid Rail 170,000.00
2019 Autocar with Labrie Automizer 210,000.00
Carts—35 Gallon 20,000.00
1,000 carts @$20.00 per cart
Carts—65 Gallon
56,325.00
2,500 carts @$22.53 per cart
Carts—95 Gallon 91,278
3,300 carts @$27.66 per cart
Total Assets 775,103.00
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 27 of 47
Attachment C
Rates and Charges
Residential Service Rates
Monthly Pricing Cart Size 2022 2023 2024 2025 2026
Trash service weekly 35 Gallon $ 14.82 $ 15.26 $ 15.72 $ 16.19 $ 16.68
Trash service weekly 65 Gallon $ 19.78 $ 20.37 $ 20.98 $ 21.61 $ 22.26
Trash service weekly 95 Gallon $ 24.28 $ 25.01 $ 25.76 $ 26.53 $ 27.33
Recycle Service weekly 35 Gallon $ 7.25 $ 7.47 $ 7.69 $ 7.92 $ 8.16
Recycle Service weekly 65 Gallon $ 7.25 $ 7.47 $ 7.69 $ 7.92 $ 8.16
Recycle Service weekly 95 Gallon $ 7.25 $ 7.47 $ 7.69 $ 7.92 $ 8.16
Quarterly Pricing
Trash&Recycling Weekly 35 Gallon $ 66.21 $ 68.20 $ 70.24 $ 72.35 $ 74.52
Trash&Recycling Weekly 65 Gallon $ 81.09 $ 83.52 $ 86.03 $ 88.61 $ 91.27
Trash&Recycling Weekly 95 Gallon $ 94.59 $ 97.43 $ 100.35 $ 103.36 $ 106.46
Optional Seasonal Yard Waste 195 Gallon 1 $ 129 1 $ 133 $ 137 $ 141 1 $ 145
Commercial Service Rates
Container
Monthly Pricing Size 2022 2023 2024 2025 2026
Trash service weekly 1 yd 51.13 $52.66 $54.24 $55.87 $57.54
Trash service weekly 1.5 yd 72.52 $74.70 $76.94 $79.25 $81.63
Trash service weekly 3 yd 125.68 $129.45 $133.33 $137.33 $141.45
Trash service weekly 4 yd 178.83 1 $184.19 $189.72 $195.41 $201.27
Trash service weekly 6 yd 231.98 1 $238.94 $246.11 $253.49 $261.10
Trash service weekly 8 yd 285.13 $293.69 $302.50 $311.57 $320.92
Trash service weekly 10 yd $338.29 $348.44 $358.89 $369.65 $380.74
Quarterly Pricing
Trash service weekly 1 yd 153.38 $157.98 $162.72 $167.60 $172.63
Trash service weekly 1.5 yd $217.57 $224.10 $230.82 $237.74 $244.88
Trash service weekly- 3 yd 377.03 $388.34 $399.99 $411.99 $424.35
Trash service weekly 4 yd 536.49 1 $552.58 $569.16 $586.24 $603.82
Trash service weekly 6 yd 695.95 $716.83 $738.33 $760.48 $783.30
Trash service weekly 8 yd 855.40 $881.06 $907.49 $934.72 $962.76
Trash service weekly 10 yd $1,014.86 $1,045.31 $1,076.66 $1,108.96 $1,142.23
SOLID WASTE SERVICES AGREEMENT
City of Farmington,MinnesotaPage 28 of 47
Commercial Service Rates (Cont.)
Container
Monthly Pricing Size 2022 2023 2024 2025 2026
Recycling service weekly 1 yd 35.79 $36.86 $37.97 $39.11 $40.28
Rec clin service weekly 1.5 yd 50.77 $52.29 $53.86 1 $55.47 $57.14
Recycling service weekly 3 yd 87.97 $90.61 $93.33 $96.13 $99.02
Recycling service weekly 4 yd 125.18 $128.94 $132.80 $136.79 $140.89
Recycling service weekly 6 yd 162.39 $167.26 $172.28 $177.45 $182.77
Rec clin service weekly 8 yd 199.59 $205.58 $211.75 $218.10 $224.64
Recycling service weekly 10 d 236.80 $243.90 $251.22 $258.76 $266.52
Quarterly Pricing
Recycling service weekly 1 yd 107.37 $110.59 $113.90 $117.32 $120.84
Recycling service weekly 1.5 yd 152.30 1 $156.87 $161.57 $166.42 $171.41
Recycling service weekly 3 yd 263.92 $271.84 $279.99 $288.39 $297.05
Recycling service weekly 4 yd 375.54 $386.81 $398.41 $410.37 $422.68
Recycling service weekly 6 yd 487.17 $501.78 $516.83 $532.34 $548.31
Recycling service weekly 8 yd 598.78 $616.74 1 $635.25 $654.30 $673.93
Recycling service weekly 10 yd 710.40 $731.71 1 $753.67 $776.28 $799.56
Other Charges
Trip Charge: $15 per trip
Extra Bag Charges*: $5 minimum charge,$2.50 per bag.
Container Replacement Charge(customer caused damage): $55
Bulk Item Discount: 9%
Rates do not include MN Tax on trash-Residential 9.75%,Commercial 17.00%
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 29 of 47
Page 30 of 47
Page 31 of 47
Page 32 of 47
Page 33 of 47
Page 34 of 47
Page 35 of 47
Page 36 of 47
Page 37 of 47
Page 38 of 47
Page 39 of 47
Page 40 of 47
Page 41 of 47
Page 42 of 47
R - Analysis of Waste Collection Service Arrangements.doc Foth Infrastructure & Environment, LLC • 3
June 2009
2 Literature Review
This section provides a summary of pertinent literature regarding residential waste and
recyclable materials collection arrangements, and past and current efforts to establish organized
collection arrangements within Minnesota municipalities and counties. The section includes:
♦ A summary of the primary issues related to municipal waste and recyclable material
collection services in open collection and organized collection systems for residential
generators including the commonly identified advantages and disadvantages of each
system.
♦ Information from areas outside of Minnesota related to open collection and organized
collection systems such as the occurrence of each and efforts to organize in other
communities.
♦ Experience of Minnesota cities with the Organized Collection statutes.
♦ Literature research information available on issues such as cost and pricing of services,
volume based pricing and waste generation, associated performance and results of open
collection and organized collection arrangements, transportation costs, research or
information regarding infrastructure costs to roads and bridges, externalities such as air
pollution, accidents and safety.
♦ A summary of position of various interest groups such as National Solid Wastes
Management Association (NSWMA), representatives from Minnesota Counties, the
League of Minnesota Cities, and other professional organizations
2.1 Commonly Identified Advantages/Disadvantages of Types of
Collection Systems
There are several characteristics of open and organized collection systems that have been
routinely identified in different communities as potential advantages or disadvantages for each.
The advantages are sometimes referred to as potential benefits and the disadvantages as potential
issues/concerns. These are highlighted in the next subsection with some covered in more detail
in the following subsections.
Generally, the proponents of organized collection include cities, counties, and state solid waste
management officials. Proponents of open collection systems are primarily private waste
management companies including both the larger, national companies as well as local,
independent haulers. Proponents of open systems also include residents desiring to retain the
ability to choose their waste hauler.
2.1.1 Open Systems
A comparison of the advantages (potential benefits) and disadvantages of open collection
systems is shown in Table 2-1.
Page 43 of 47
4 •Foth Infrastructure & Environment, LLC R - Analysis of Waste Collection Service Arrangements.doc
June 2009
Table 2-1 Advantages/Disadvantages of Open Collection
Systems
Advantages Disadvantages
♦ Choice – Households are free to
continue to choose their hauler based
on preference
♦ There is a direct relationship between
the hauler and the customer that allows
the customer to shop around or change
if dissatisfied
♦ None to very minimal administrative
costs or burdens for public entities
♦ Small haulers are more apt to compete
for a portion of the accounts – entry
level requirements for new businesses
is low
♦ Haulers are more likely able to shop for
lower disposal prices or use their own
facilities
♦ Usually results in a more expensive
monthly cost
♦ Results in more truck traffic with
potential associated impacts of:
Added street maintenance
Air quality/vehicle emissions
Safety/vehicle accidents
Aesthetics (containers out more
days of the week), noise, and litter
♦ Inconsistent charges for the same level
of service in a community, even among
customers of the same hauling
company
♦ Reduced ability of the community to
effectively manage solid wastes
♦ Haulers switching from one landfill to
another due to price results in exposure
to liability at more sites
The primary advantage cited for open systems is the ability for people to choose their own
hauler. There is a direct relationship between the individual customers and service provider that
may supersede any other potential benefit. The customer is in control, making the decision to
hire whoever is providing service in the community. The choice may be a matter of family
relationships, tradition, past experiences of inadequate service, price, etc.
Open systems typically result in less administrative effort for the public entity, but also result in
less overall control of the solid waste management system (less control on where waste is
disposed, service levels, and diversion levels).
Open systems may be better suited to smaller or start up businesses as the requirements for
equipment and employees are controlled by the individual hauling company rather than set by
the public entity contract.
While there can be variations in pricing, the price paid by households in open systems is
typically higher per month for similar service levels. This is primarily due to the increase in
efficiency for haulers in organized collection systems serving every household in the community
or on a route rather than driving by households served by other hauling companies. Also, in
open systems where a particular hauling company is successful in gaining a predominant market
share, there is less reason for the hauling company to pass on the improved efficiency to
customers. The hauling company may increase its profitability in that specific community.
Page 44 of 47
R - Analysis of Waste Collection Service Arrangements.doc Foth Infrastructure & Environment, LLC • 5
June 2009
Open systems result in more truck traffic on the residential streets as each company uses their
collection vehicles to service customers. The increased truck traffic leads to increased concerns
regarding the impact on streets and the potential for increased truck emissions, traffic accidents,
and aesthetic issues.
Open systems are more likely to allow haulers to find the lowest cost disposal option (including
transportation costs), but this also results in exposure to liability at more than one location. Open
systems also are more likely to allow certain waste hauling companies to internalize wastes to
their own transfer stations and/or landfills. This improves their competitive advantage for
hauling customers versus haulers who do not have their own transfer or disposal facilities.
2.1.2 Organized Systems
A comparison of the advantages (potential benefits) and disadvantages of organized collection
systems is shown in Table 2-2.
Page 45 of 47
6 •Foth Infrastructure & Environment, LLC R - Analysis of Waste Collection Service Arrangements.doc
June 2009
Table 2-2 Advantages/Disadvantages of Organized Collection
Systems
Advantages Disadvantages
♦ Increased efficiency enabling a lower
cost per household
♦ Households do not have a choice of
their hauler
♦ Decreased impacts from truck traffic
♦ Decreased fuel consumption
♦ Greater administrative involvement by
the public entity
♦ Greater control to establish service
requirements including:
Ability to standardize service
makes public education simpler
Ability to provide access to special
service needs at known, controlled
costs
Volume-based pricing to achieve
waste abatement goals
Delivery destinations for processing
and overall solid waste
management
Factors affecting recycling and
diversion such as variable rate
pricing
Improved control over residents
actually using garbage service
Ability to set specifications on the
size and quality of trucks used
♦ Small haulers have higher “entry”
requirements to get in the business
along with competitive opportunities
limited to contract openings
♦ Current organized collection statutory
process to convert from open to
organized is cumbersome and difficult
politically
♦ Ability to competitively bid service on
a regular basis helping promote lower
costs
♦ Can be used to generate revenues to
support other services
The primary potential advantages of organized collection are three-fold – lower prices, reduced
truck traffic, and community control over decisions related to waste management. There are
several factors involved in each of these three primary advantages. Greater efficiency,
competitive bidding, rate increases structured into contracts, and variable rate pricing options can
all result in more cost effective service provision. Fewer trucks stopping at every house results
in less truck traffic at slower speeds. Public entities have responsibility and potential liability for
proper solid waste management and organized collection provides better tools and control of
decisions that affect solid waste management.
The primary disadvantage is the loss of individual household control over the selection of a
hauler and the associated direct relationship. Along with increased control for the public entity
comes the requirement to provide the resources necessary to properly manage the decisions.
Page 46 of 47
R - Analysis of Waste Collection Service Arrangements.doc Foth Infrastructure & Environment, LLC • 7
June 2009
Also, it may be more difficult for smaller haulers and entry level companies to break into and
grow their business in organized collection systems.
2.2 Occurrence of Each Type of Collection System
Studies have been conducted to try and determine the prevalence of open collection systems and
organized collection systems both locally and nationally. The following subsections present the
findings from studies completed locally (in Minnesota), in Iowa, Colorado and one study
completed across the United States and Canada. The findings show that there are variations in
the prevalence of types of collection systems.
2.2.1 Minnesota
2.2.1.1 Eden Prairie
In 2005, the city of Eden Prairie compiled a report titled “Report on Residential Municipal Solid
Waste Collection.”1 The report surveyed 108 cities in the Twin Cities metropolitan area and
provided a breakdown of their garbage and recycling collection systems according to open and
organized collection. The report noted that the most common system in these 108 communities
is an open system (77 of the 108 cities had open collection systems, 71.3% of the communities).
There were 29 cities with a contract for garbage collection and two (2) cities that collect
municipally.
Of the 77 cities that had open garbage collection in this 2005 study, 22 cities have contracts for
recycling collection. This leads to a percentage organized for recycling of 49.1%.
2.2.1.2 Twin Cities Metropolitan Area
A separate report titled “Comparative Economic Analysis of MSW and Recycling Collection in
the Twin Cities Metropolitan Area” completed in September, 1994 2 shows in Table II-3 that
based on survey responses, there were 155 municipalities with open systems for MSW collection
and 42 municipalities with organized collection of which three (3) were municipal collection.
The percentages in this report indicated 78.7% open; 19.8% organized by contract; and 1.5%
municipal collection arrangements at that time.
In the surveys completed as part of the Twin Cities Metropolitan Area study, there were a total of
58 cities with a breakdown of their systems reported. All the cities were over 10,000 in
population in this study. Of the 58 cities that completed the survey, 37 were open for garbage
collection. This represents 64% as open systems for garbage collection. Of these 37 cities with
open garbage collection, 12 cities are organized for recycling collection or 21% of the total 58
cities. There were 21 cities with both garbage and recycling handled in organized systems. The
total percentage of cities organized for recycling was 57%.
Based on these studies, it appears that the breakdown of percentage of cities in Minnesota
organized versus open may range as follows:
1 Barone, Michael. Dec. 2005. “Report on Residential Municipal Solid Waste Collection.” City of Eden Prairie, MN.
2 “Comparative Economic Analysis of MSW and Recycling Collection in the Twin Cities Metropolitan Area.” Sept.
1994. GBB Solid Waste Mgmnt. Consultants. Falls Church, VA.
Page 47 of 47