HomeMy WebLinkAboutVIII-09 Resolution Residential Solid Waste Hauler Contract Renewal 2022-2024
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: November 8, 2021
Item: Residential Solid Waste and Recycling Collection Contract Renewal
Council Action Requested:
Extend the current Residential Solid Waste and Recycling Collection
Contract with Tennis Sanitation for 2022-2024.
Background Information:
The current contract began January 1, 2019 and expires December 31,
2021. During the RFP process in 2018, the Utilities Committee of Council
unanimously recommended Tennis Sanitation for these services and
recommended the ability to extend the contract up to two additional three-
year terms (2022-2024 and 2025-2027).
Financial Impact:
Tennis Sanitation has indicated no rate increases for 2022, but has indicated
an anticipated rate increase in 2023 based on preliminary information
received from Red Wing Solid Waste Campus. Tennis Sanitation will submit
rates for 2023 and 2024 to the City Administrator no later than September
1, 2022.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
▪ First Extension Resolution
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FIRST EXTENSION TO CITY OF HASTINGS RESIDENTIAL SOLID WASTE AND
RECYCLING COLLECTION CONTRACT WITH TENNIS SANITATION, L.L.C.
This First Extension to City of Hastings Residential Solid Waste and Recycling Collection Contract
with Tennis Sanitation, L.L.C. (“First Extension”) is made this day of November, 2021 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, the parties mutually desire to exercise the first 3-year extension.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this First 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 expires December 31,
2021. The term of the First Extension shall be for a period of three (3) years,
commencing on January 1, 2022 and expiring on December 31, 2024. The City may
choose to initiate a new competitive RFP process no later than the first quarter of
2024 or the City may renew the term of the Contract for one additional three-year
extension through December 31, 2027.
2. The rates for the First Extension shall remain unchanged for calendar year 2022. Tennis
shall submit rates for 2023 and 2024 to the City Administrator no later than Sept. 1,
2022.
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 First Extension and all disputes or controversies arising out of or relating to
this First 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
Developer 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 First 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 First 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
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