HomeMy WebLinkAboutX-E-02 Residential Solid Waste and Recycling Contract
City Council Memorandum
To: Mayor Fasbender and City Councilmembers
From: City Administrator Dan Wietecha
Date: June 3, 2024
Item: Tennis Sanitation Contract
Council Action Requested:
Approve Second Extension to City of Hastings Residential Solid Waste and Recycling Collection
Contract with Tennis Sanitation, LLC.
Background Information:
In a series of contracts since January 2013, the City of Hastings has contracted with Tennis
Sanitation for exclusive residential solid waste collection. The current contract was the result of a
bidding process during 2018. The base three-year contract ran from January 2019 through December
2021; it includes a provision to renew it for up to two, 3-year extensions through December 2027. In
2021, the City Council approved the first extension running January 2022 through December 2024.
The Utilities Committee of Council (Lawrence*, Leifeld, and Vihrachoff) met April 29 to consider
the second extension running January 2025 through December 2027. They recommended the
extension, specifically noting that Tennis is a local company, has demonstrated exceptional customer
service and responsiveness, and their current 2024 rates are still lower than the two competitor
proposals we received in 2018.
Financial Impact:
Not applicable.
Committee Discussion:
Utilities Committee met 4/29/24 and recommended approval.
Attachments:
Second Extension to City of Hastings Residential Solid Waste and Recycling Collection Contract
with Tennis Sanitation LLC
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SECOND EXTENSION TO CITY OF HASTINGS RESIDENTIAL SOLID WASTE AND
RECYCLING COLLECTION CONTRACT WITH TENNIS SANITATION, L.L.C.
This Second Extension to City of Hastings Residential Solid Waste and Recycling Collection
Contract with Tennis Sanitation, L.L.C. (“Second Extension”) is made this day of
June, 2024 by and between the City of Hastings, a Minnesota municipal corporation (“City”), and
Tennis Sanitation, L.L.C. (“Tennis”), a Minnesota limited liability company.
RECITALS
WHEREAS, the City and Tennis entered into the City of Hastings Residential Solid Waste
and Recycling Collection Contract January 1, 2019 to December 31, 2021 (“Contract”) in which
Tennis agreed to provide residential solid waste and recycling collection services for the City; and
WHEREAS, pursuant to Section 2 of the Contract the initial term was a 3-year term,
however, the Contract provides for two 3-year extensions; and
WHEREAS, on November 11, 2021, the parties exercised the first 3-year extension,
commencing on January 1, 2022 and expiring on December 31, 2024 (“First Extension”); and
WHEREAS, the parties mutually desire to exercise the second 3-year extension.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this Second Extension and other good and valuable consideration, receipt of
which is hereby acknowledged, the parties hereto do covenant and agree as follows:
1. Section 2 of the Contract entitled Term of Agreement is hereby deleted in its entirety
and hereby replaced as follows:
2. Term of Agreement. The initial term of the Contract expired December 31,
2021. The term of the First Extension expires on December 31, 2024. The term of
the Second Extension shall be for a period of three (3) years, commencing on
January 1, 2025 and expiring on December 31, 2027.
2. The rates for the Second Extension shall remain unchanged for calendar year 2025.
Tennis shall submit rates for 2026 and 2027 to the City Administrator no later than
Sept. 1, 2025.
3. Tennis agrees to continue to service the list of City Facilities with garbage receptacles
the size and frequency of which is listed on Exhibit A to the Contract.
4. General Terms.
a. Except as provided for above, the terms and provisions of the Contract shall remain
in full force and effect.
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b. This Second Extension and all disputes or controversies arising out of or relating to
this Second Extension or the transactions contemplated hereby shall be governed
by, and construed in accordance with, the internal laws of the State of Minnesota,
without regard to the laws of any other jurisdiction that might be applied because
of the conflicts of laws principles of the State of Minnesota.
c. Nothing contained herein shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Tennis or its successors or assigns, shall be subject to any governmental immunity
defenses of the City and the maximum liability limits provided by Minnesota
Statutes, Chapter 466.
d. This Second Extension may be executed in two or more counterparts, all of which
shall be considered one and the same instrument and shall become effective when
one or more counterparts have been signed by the parties and delivered to the other
parties.
e. This Second Extension shall not be amended, modified or supplemented, except by
a written instrument signed by an authorized representative of each party.
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CITY OF HASTINGS
By:
Mary Fasbender, Mayor
By:
Kelly Murtaugh, City Clerk
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TENNIS SANITATION, L.L.C.
By:
William J. Tennis, President
Date: ____________________________
X-E-02