New Trash Pick-Up Service - Commercial

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New Trash Pick-Up Service - Commercial I Select Option # Name: Address: The St. Marys City Commission has contracted with Tri-County Waste for Commercial Trash Pick-Up Rates.

Option #1 allows any commercial customer to privately negotiate service, rates, and billing with Tri-County or any other trash collection company. This change will happen on March 13th of this year.

1 New Trash Pick-Up Service - Commercial I Select Option # Name: Address: The St. Marys City Commission has contracted with Tri-County Waste for Commercial Trash Pick-Up Rates. Commercial customers may use any option listed below. Options #2 - #12 will be billed through monthly city utility bill. Option #1 allows any commercial customer to privately negotiate service, rates, and billing with Tri-County or any other trash collection company. This change will happen on March 13th of this year. Here are the options and prices, followed by some important notes about this change. Trash pick-up days are Tuesday for once-a-week service, and Tuesday and Friday for twice-a-week service. The City recommends twice-a-week service. Phone: Commercial Options & Rates - Please select one Once-a-week pick-up Twice-a-week pick-up Option #1 Commercial customers may contract with any trash collection company for service, rates, and billing. Negotiate with Hauler Negotiate with Hauler The following options will be billed through the monthly City utility bill Option #2 Regular trash can $20.00 N/A Option #3 One Tri-County Supplied 96 Gallon Toter Can $22.00 $24.00 Option #4 Two Tri-County Supplied 96 Gallon Toter Can $24.00 $26.00 Option #5 One 2-Yard Container $75.00 $ Option #6 Two 2-Yard Containers $ $ Option #7 One 4-Yard Container $ $ Option #8 Two 4-Yard Containers $ $ Option #9 One 6-Yard Container $ $ Option #10 Two 6-Yard Containers $ $ Option #11 One 8-Yard Container $ $ Option #12 Two 8-Yard Containers $ $600.00

Other Notes: New Trash Pick-Up Service - Commercial City Hall can recommend service options based on your past trash pick-up volume.

Marys at 437-2311, City Commission or emailed has at contracted smcutilityclerk@gmail.com. with Tri-County Waste for Commercial Trash Pick-Up Rates.

transfer station This change may be will modified, happen but on please March understand 13th of this year. that the dump and transfer Here are station the options will remain and open.

2 Other Notes: New Trash Pick-Up Service - Commercial City Hall can recommend service options based on your past trash pick-up volume. Please contact City Hall for information or to let us know your preferred option. City Hall can be The reached St. Marys at , City Commission or ed has at contracted smcutilityclerk@gmail.com. with Tri-County Waste for Commercial Trash Pick-Up Rates. Commercial customers may use any option listed below. Larger items, such Optoins as sofas #2 - or #12 appliances, will be billed are through still allowed monthly at the city City's utility transfer bill. Optoin station #1 for allows no cost. any commercial customer to privately negotiate service, rates, and billing with Tri-County or Details regarding any the other hours trash and collection use of the company. transfer station This change may be will modified, happen but on please March understand 13th of this year. that the dump and transfer Here are station the options will remain and open. prices, followed by some important notes about this change. I Select Option # Trash pick-up days are Tuesday for once-a-week service, Name: Tri-County can also pick up larger items for a cost. Please call Tri-County ( ) to arrange and Tuesday and Friday for twice-a-week service. Address: special pick-ups. The City recommends twice-a-week service. Phone: Yard waste, such as leaves and grass clippings, can still be taken to the City's transfer station. Once-a-week Twice-a-week pick-up pick-up The City will continue to pick up limbs on the first Tuesday of the month (Tri-County does not accept any yard waste). Option #1 Commercial customers may contract with any trash Negotiate with Negotiate with collection company for service, rates, and billing. Hauler Hauler As of March 1, 2018, all Rural Commercial customers will need to contract with a private hauler. The following options will billed through the monthly City utility bill Tri-County s number is Waste Management and Howie s are two other companies who Option #2 $20.00 service the St. Marys Regular area. trash can N/A Commercial Options & Rates - Please select one A 96-gallon Toter container is on display at City Hall, please stop by to inspect it. One Tri-County Supplied Option #3 $22.00 Below are measurements of the metal dumpsters. 96 Gallon Toter Can $24.00 Option #4 Two Tri-County Supplied 96 Gallon Toter Can $24.00 $26.00 Option #5 One 2-Yard Container $75.00 $ Option #6 On Wheels Option #7 Two 2-Yard Containers One 4-Yard Container On Wheels $ $ $ $ Option #8 Two 4-Yard Containers $ $ Option #9 One 6-Yard Container $ $ Option #10 Two 6-Yard Containers $ $ Option #11 One 8-Yard Container $ $ Option #12 Two 8-Yard Containers $ $600.00

3 New Trash Pick-Up Service - Residential The St. Marys City Commission has contracted with Tri-County Waste for the Residential Trash Pick Up Service in St. Marys. This change will happen on March 13th of this year. The billing will not change as the City will continue to bill for this service in your monthly utility bill. Here are the Options and Prices, followed by some important notes about this change. Trash pick-up days are Tuesday and Friday. See attached map. Residential Options & Rates for Weekly Service - Please select one Option #1 Keep Your Regular Trash Cans $15.75 (Card board boxes & individual bags can be set out as well) Option #2 Recommended for households of 3 to 5 people One Tri-County Supplied 96 Gallon Toter Can (Card board boxes & individual bags can be set out as well) $16.75 Option #3 Two Tri-County Supplied $ Gallon Toter Cans (Card board boxes & individual bags can be set out as well) Recommended for households over 6 people Option #4 Three Tri-County Supplied $ Gallon Toter Cans (Card board boxes & individual bags can be set out as well) Other Notes: Please let City Hall know your selected Trash Pick Up option. City Hall can be reached at , or ed at smcutilityclerk@gmail.com. Residential customers will continue to be billed monthly by the city for their refuse collection. Larger items, such as sofas or appliances, are still allowed at the City's I Select Option # Name: Address: Phone: transfer station for no cost. Details regarding the hours and use of the transfer station may be modified, but please understand that the dump and transfer station will remain open. Tri-County can also pick up larger items for a cost. Please call Tri-County ( ) to arrange special pick-ups. Yard waste, such as leaves and grass clippings, can still be taken to the City's transfer station. The City will continue to pick up limbs on the first Tuesday of the month (Tri-County does not accept any yard waste). A 96-gallon Toter container is on display at City Hall, please stop by to inspect it and sign up to get one. For Commercial Customers, another flier will be sent out with Commercial Trash Pick Up options and details. As of March 1, 2018, all Rural customers will need to contract with a private hauler. Tri-County s rural route is $20 per month, plus $2 for each toter. Their number is

5 SOLID WASTE COLLECTION AGREEMENT THIS SOLID WASTE COLLECTION AGREEMENT made and entered into this 2nd day of January, 2018, by and between the City of St. Marys, Kansas, a municipal corporation, organized under the laws of the State of Kansas, hereinafter referred to as the City, and Tri-County Waste Inc., hereinafter referred to as Contractor. WITNESSETH: Whereas said Contractor is qualified to provide solid waste collection services, and whereas the City desires the Contractor to collect solid waste, as defined in this agreement, within the boundaries of the said City. NOW THEREFORE, in consideration of the mutual covenants, agreements and considerations herein contained, the City and Contractor hereby agrees as follows: 1. Definitions. a. Residential solid waste. Garbage, rubbish, trash, etc., resulting from the normal activities of the household. b. Food waste. Animal, vegetable, or mineral matter derived from the preparation of packaging of foodstuffs. The Contractor may require that animal wastes be bagged in a heavy plastic bag and tagged for identification. c. Rubbish and trash. Combustibles such as paper, wood, yard trimmings, etc., and non-combustibles such as metal, glass, stone, dirt. Special arrangements must be made with Contractor to haul stone and dirt. d. Special materials. These are bulky materials or other special wastes that are not stored in standard storage containers and cannot be picked up by a normally used collection vehicle. e. Hazardous materials. Wastes that are hazardous by reason of their pathological, explosive, radiological, or toxic characteristics. 2. Exclusive Right. a. The Contractor shall have the exclusive right to provide residential solid waste collection services within the boundaries of the City of St. Marys, Kansas. However, the City Commission may grant limited permission to other haulers in unusual circumstances. b. The Contractor shall offer a regular scheduled collection service to residences and dwelling units. The Contractor shall make at least one (1) weekly collection at all places of residence on the schedule approved by the City Commission in this contract. c. Commercial establishments may also receive pick up service with the rates established in this agreement. The Contractor shall offer commercial accounts up to two (2) weekly collections, but can offer more weekly collections as needed. The City Commission may require Commercial accounts to modify their agreement if a public safety or nuisance occurs. (Commercial accounts may also negotiate rates with the Contractor or any other private trash collection service.) d. Contractor shall remove and dispose of all solid wastes, food wastes, rubbish and trash from Contractor supplied dumpsters located on City Property. The City shall collect trash bags from various trash barrels in the downtown area, park, and any other individual trash cans throughout the

6 City that are City-owned and maintained. These trash bags will be placed in the dumpsters located on City property. These dumpsters shall be emptied by Contractor on a regular basis one (1) day each week, which day is to be agreed upon by Contractor and the City, all at no cost to the City. 3. Collection. The Contractor agrees to the following: a. To remove and dispose of solid wastes, food wastes, rubbish and trash described in paragraph 1, once a week for the duration of this contract. Residential pick up days will be on Tuesday for half the residences and on Friday for the other half, both starting after 7:00 a.m. and ending prior to 6:00 p.m. In the event that said pick up days should fall on a holiday which the trash would not be picked up, the trash will be picked up on the next available non-holiday week day. b. Residential trash must be bagged prior to placing it in the Contractor provided container(s) and/or other container(s) approved by Contractor. Cardboard boxes and unbagged debris will be allowed in the abovementioned container(s) as long as it is unlikely to blow away when said container(s) is opened. (Residential trash that is bagged, including boxes, may be placed at the curb for pick-up without use of a container.) Larger items such as recliners, chairs, or other small furniture, are eligible for pick up, however, customer must call Contractor and make arrangements as there may be additional charges for disposal of some items, as per Section 7c of this Agreement. Larger items such as couches and appliances may not be picked up by Contractor, but those items may be accepted at the City s transfer station. c. The City will maintain a list of customers with special needs and provide said list to Contractor. d. To remove and dispose of approved commercial wastes for requested Commercial accounts for the duration of this contract. Commercial pick up days will be one or both of the following days: Tuesday and on Friday, both starting after 5:30 a.m. and ending prior to 6:00 p.m. In the event that said pick up days should fall on a holiday which the trash would not be picked up, the trash will be picked up on the next available non holiday weekday. e. To provide an adequate number of vehicles approved by the City for regular collection services which vehicles shall be kept in good repair, appearance, and in a sanitary condition at all times. If requested by City, Contractor agrees to provide proof of insurance and annual KDOT inspections showing that the collection vehicles are current and approved by the Kansas Department of Transportation, complying with their rules and regulations. Failure to do so upon request is grounds for termination of contract by the City. Regular collection vehicles shall display clearly visible signage on each side of the vehicle showing the name and phone number of the Contractor. 4. Loading and Hauling a. The Contractor shall use all reasonable care to prevent spillage, leakage or littering resulting from its activities in loading, hauling, or disposal of waste materials within the collection areas. b. All solid wastes hauled by the Contractor shall be so contained, tied or enclosed that

7 leaking, spilling, or blowing are prevented. In the event of any spillage, the Contractor shall immediately clean up the litter. 5. Title to Waste. Title to all waste collected within the collection areas shall be vested in the Contractor upon being placed in the collection vehicle. 6. Disposal; Parking of Vehicles and Storage in a Residential District. All solid wastes for disposal shall be hauled to the site designated by the Pottawatomie County Commissioners at the Pottawatomie County Sanitary Landfill, which is located approximately two (2) miles north of Louisville. In accordance with said provisions of the agreement, Contractor agrees that Contractor shall not park any solid waste hauling vehicles in a district zoned residential and Contractor shall not maintain or store any solid waste receptacles associated with the solid waste removal business in a district zoned residential, all in the City of St. Marys Kansas. Contractor acknowledges that violation of the terms of this agreement will be just cause to terminate the collection agreement and Contractor further acknowledges that he will be subject to prosecution for violation of any City Code for failure to comply with said provisions. 7. Charges and Rates. For any services required to be performed within the collection areas, the charges shall not exceed the rates as herein provided: a. Customers within City Limits, receiving refuse collection services from the Contractor using the rates described herein shall be billed by the City of St. Marys each month for the Refuse service. City will pay Contractor for these services monthly. The City shall maintain and provide Contractor upon request with a list, in spreadsheet or pdf form, showing accounts, including account name, address, service type, individual rate, and monthly total for all accounts. This list shall be included with each monthly payment in either or printed form. b. Residential rates are as described below in Table 1. If residence uses a Contractor provided Toter container they may also set out trash in additional acceptable containers, bags, or boxes, as per Section 3b of this Agreement. c. Contractor has the right to adjust rates and charges as established herein to reflect increases in landfill rates and fuel costs. However, any such rate increase shall be made following thirty days (30) notice to City. Table 1. Residential Rates Residential Rates Container Type/Quantity Rate per Month Residential Provided Container Residence provided acceptable container, bags, and boxes $15.75

8 Contractor Provided Toter One (1) 96 Gallon Toter $16.75 Contractor Provided Toters Two (2) 96 Gallon Toters $17.75 Contractor Provided Toters Three (3) 96 Gallon Toters $22.75 d. Special haul services. Collection requested by occupants or owners of bulky materials, large items requiring special handling and pickup at times other than normally scheduled will be arranged between the Contractor and the person requesting such services. The fees for such hauling will be negotiated between the Contractor and the individual requesting the service. If agreement cannot be reached, the matter may be submitted to the City, and its decision shall be binding. Upon notification by a householder of the City of St. Marys, Kansas, to the Contractor of the need of special haul services, Contractor agrees that the items to be hauled will be picked up by Contractor within thirty (30) days from said notification. Provided, however, that nothing in this paragraph shall prevent any resident of the City of St. Marys, Kansas, from hauling any item to the designated Pottawatomie County Sanitary Landfill. e. Commercial Rates are as described below in Table 2. If Commercial customer uses a Contractor provided Toter container they may also use and set out trash in additional acceptable containers, bags, or boxes. Commercial Rates Table 2. Commercial Rates Container Type/ Quantity Rate - once a week pick up Rate - twice a week pick up Customer Provide Container (small commercial only) 45 gallon or less container, bags, or boxes $20.00 na Contractor Provided Toter One (1) 96 Gallon Toter $22.00 $24.00 Contractor Provided Toters Two (2) 96 Gallon Toters $24.00 $ Yard Metal Dumpster One (1) 2-yd Dumpster $75.00 $ Yard Metal Dumpster Two (2) 2-yd Dumpsters $ $ Yard Metal Dumpster One (1) 4-yd Dumpster $ $ Yard Metal Dumpster Two (2) 4-yd Dumpsters $ $ Yard Metal Dumpster One (1) 6-yd Dumpster $ $ Yard Metal Dumpster Two (2) 6-yd Dumpsters $ $ Yard Metal Dumpster One (1) 8-yd Dumpster $ $ Yard Metal Dumpster Two (2) 8-yd Dumpsters $ $600.00

9 8. Notification. The Contractor hereby agrees to notify all customers about complaint procedures, rates, regulations, and days of collection. 9. Contractor's Personnel. a. The City has the right to require that the Contractor's collection employees dress in a neat and clean manner. b. Each employee shall, at all times, carry a valid operator's license for the type of vehicle(s) he is driving. 10. Compliance with Laws. laws. The Contractor shall conduct operations under this agreement in compliance with all applicable 11. Indemnity. The Contractor shall indemnify, hold harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees incident to any work done in the performance of this agreement. The City reserves the right to retain counsel of its choice, or, in the alternative, approve counsel obtained by the Contractor. 12. Insurance. The Contractor agrees to carry all requisite insurance upon its vehicles, and all insurance incidentals to the conduct of its employment, including but not limited to workers compensation insurance, and liability insurance in the amount of $1,000,000 with the City to be added as an additional insured, all to be approved by the City with proof thereof filed annually with the City Clerk. 13. Assignment. No assignment of the agreement or any right occurring under this agreement shall be made in whole or part by the Contractor without the express written consent of the City; in the event of any assignment, the assignee shall assume the liability of the Contractor. 14. Bankruptcy. It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this agreement shall terminate effective on the day and at the time the bankruptcy petition is filed. 15. Permits and Licenses.

10 The City agrees that the Contractor shall have the exclusive right to collect rubbish, trash, and waste within the confines of the City of St. Marys, Kansas. The Contractor agrees that he will obtain at its own expense all permits and licenses required by law or ordinance and maintain the same in full force and effect. 16. Number of Copies. This agreement shall be executed in any number of counterparts, all of which shall have full force and effect of an original for all purposes. 17. Law to Govern. This agreement shall be governed by the law of the State of Kansas both as to interpretation and performance. Any and all disputes that may arise under this agreement shall be litigated in the District Court of Pottawatomie County, Kansas, located in Westmoreland, Kansas. 18. Modification. This agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Contractor shall not assign this contract to another person, partnership, LLC or corporation without the prior written consent of the City. 19. Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any provision itself. 20. Point of Contact. All dealings, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the Governing Body of the City. 21. Illegal Provisions. If any provision of this agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 22. Notice. A letter addressed and sent by certified United States mail to either party at its business address shown heretofore shall be sufficient notice whenever required for any purpose in this agreement. 23. Term. The term of this agreement shall be for five (5) years, said period beginning on the 1 st day of March, 2018 and terminating on the 28 th day of February, 2023.

11 24. Effective Date. This agreement shall become effective and the Contractor shall begin collection of solid waste as covered herein on the 1 st day of March, Duration. City and Contractor may cancel this contract on ninety (90) days written notice, with or without cause; otherwise, the contract shall remain in force for a term of 5 years, from March 1, 2018, to February 28, Acceptance. This agreement shall become effective when accepted by the St. Marys City Commission, St. Marys, Pottawatomie County, Kansas IN WITNESS WHEREOF, the City has hereunto executed this agreement this 2nd day of January, ATTEST Andrea Ronsse, City Clerk Francis Awerkamp, Mayor STATE OF KANSAS, COUNTY OF POTTAWATOMIE, ss: This instrument was acknowledged before me a notary public this 2nd day of January by Francis Awerkamp, Mayor and attested to by Andrea Ronsse, City Clerk for the City of St. Marys, Kansas. (SEAL) Notary Public Appt Expires: ATTEST Christie Hitch, Tri-County Waste Inc. Christie Hitch

12 STATE OF KANSAS, COUNTY OF POTTAWATOMIE, ss: This instrument was acknowledged before me a notary public this day of, 2018, by Christie Hitch, Tri- County Waste Inc. (SEAL) Notary Public Appt Expire

CHAPTER 22 SOLID WASTE AND RECYCLABLE COLLECTION. (with amendments through )

CHAPTER 22 SOLID WASTE AND RECYCLABLE COLLECTION (with amendments through 12-14-2017) 22.01 Waste and Recycling Collection System. 22.02 Definitions 22.03 Collection Methods 22.04 General Regulations 22.05