HomeMy WebLinkAbout6.i. NRG Processing Solutions Contract AddendumI
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: November 20, 2001
AGENDA ITEM: NRG Processing Solutions Contract Addendum
AGENDA SECTION:
Consent
PREPARED BY: Chad Donnelly, Water Resource Engineer
AGEN
ATTACHMENTS: 2000 Contract Addendum, Draft of
APPROVED BY:
Amended Addendum
V
Effective January 1, 1998, the Cities of Lakeville, Apple Valley, Rosemount and Farmington entered into a
contract agreement with SKB Environmental, Inc. for the operation and maintenance of the yard.waste compost
facility located on Pilot Knob Road. The contract term was from January 1, 1998 through December 31, 2000
where SKB was to process acceptable compost material generated by the above - mentioned communities. An
addendum to this contract extended the term of the original contract from January 1, 2000 through December
31, 2002. Under the same addendum, SKB would remain operational but be unable to accept material
beginning February 16, 2002 through December 31, 2002.
Bound by the existing contract, ownership of the facility was assigned to NRG Processing Solutions who
assumed all rights and operation. The proposed amended addendum would allow NRG to continue to accept
yard waste material for one more season. (February 16, 2002 through December 31, 2002) By the same
amendment all material shall be transferred off site and processed by others.
Under the written amendment and language thereof, we ask to accept the amended addendum allowing NRG to
continue to accept compost material.
RECOMMENDED ACTION: Motion to approve amended addendum relating to prior composting
agreement
ADDENDUM TO CONTRACT BETWEEN THE CITIES OF
LAKEVILLE, APPLE VALLEY, ROSEMOUNT, AND FARMINGTON
AND SKB ENVIRONMENTAL, INC.
FOR OPERATION AND MAINTENANCE OF YARDWASTE FACILITY
This Addendum, by and between the Cities of Lakeville, Apple Valley, Rosemount,
and Farmington (hereinafter "Client "), and SKB Environmental, Inc. (hereinafter "Vendor "),
amends the previous Contract made and entered into the 27` day of May, 1998, for the
operation and maintenance of a yardwaste facility.
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
CLIENT AND VENDOR AGREE AS FOLLOWS:
1. Prior Agreement The Contract between the parties dated May 27, 1998, for
the operation and maintenance of a yardwaste facility, shall remain in full force and effect,
- except as specifically amended by this Addendum.
2. Amendment The paragraphs to the Contract identified below are amended to
read as follows:
1.4 Term The term of this contract shall commence January 1, 2000, and
terminate on December 31, 2002, unless both parties agree to an
extension of this contract, or unless earlier terminated by law or
according to the provisions herein.
3.1 Capacity The Vendor shall operate and maintain, in each season
(January 1, 2000 through December 31, 2002), the Facility at a capacity
sufficient to handle Acceptable Materials generated by Client's
communities. Unprocessed pallets on site at any given time shall not
exceed 1000 cubic yards.
3.9 Closure of Facility The Vendor shall not accept any Materials after
February 15, 2002, at the Lakeville Compost Facility. During the
period of February 16, 2002 through December 31, 2002, Vendor shall
have exclusive access to the Facility for the purpose of processing on site
materials, selling, or otherwise distributing finished products and site
clean up.
85546 1
r
3.10 Clean -up of the Facility All chips, finished compost, unprocessed
Acceptable Materials and Unacceptable Materials present at the Lakeville
Compost Facility shall be removed and the portion that has a gravel
surface shall be graded. to ensure proper drainage, and any soil portion of
the parcel distributed by grading activities shall be seeded such that the
reestablished vegetation is sufficient to control erosion by the Vendor on
or before December 31, 2002.
IN WITNESS WHEREOF, the parties have executed this Addendum on the date
indicated below:
CITY OF APPLE VALLEY
Mar a a - Roland, Mayo
CITY OF FARMINGTON
By: , ,,s4 a-
Gerald Ristow Mayor
By
Mary �I eller, Clerk
CITY OF LAKEVILLE
Lo
Ia
(' \
Jo Erar, Administrator
i '
CITY OF ROSEMOUNT
f
Cat►ny Busl , ivla o
By:
ALindaink, r
SKB ENVIRONMENTAL, INC.
By: }
Its: President
By:
Its: Vice President
85546 2
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ff i day of
2000, by MARY HAMANN - ROLAND and MARY MUELLER, respectively ihe Mayor
Clerk of the CITY OF APPLE VALLEY, a Minnesota municipal corporation, on behalf of
said corporation and pursuant to the authority granted by its City Council.
JACQUELYN A. HIPPIE
�► NOTARY PUBLIC— MiNNE80TA
MY COMMISSION EXPIRES
JANUARY 31, 2005
otar `Public
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2000, by GERALD RISTOW and JOHN ERAR, respectively the Mayor and - Administrator of
the CITY OF FARMINGTON, a Minnesota municipal corporation, on behalf of said
corporation and pursuant to the authority granted by its City Council.
0 CYNTHIA A. MULLER
�`�� NOTARY PUBLIC —MINNESOTA -
�� MY Comm. Expires Jan. 31 Zoos Notary Public
MR Am AM M A A AMA AM
•
STATE OF MINNESOTA
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this � day of ,
2000, by DUANE ZAUN and CHARLENE FRIEDGES, respectively the May and Clerk of
the CITY OF LAKEVILLE, a Minnesota municipal corporation, on behalf of aid corporation
and pursuant to the authority granted by its City Council.
,,.: • DONNA L. QUINTUS
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan. 31, 2006
85546 3
X
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
. The foregoing instrument was acknowledged before me this 7a day of
2000, by CATHY BUSHO and LINDA JENTINK, respectively the Mayor and Clerk of the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, on behalf of said corporation
and pursuant to the authority granted by its City Council.
CINDY DORNIM
NOTARY PUBLIC - MINNESOTA
Aty Commissia+ Expires Un. 31,20
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss.
otary Public
The foregoing instrument was acknowledged before me this 1 0 ` la of 1'
g g g Y ,
2000, by RICK O'GARA and KEVIN TRITZ, respectively the President and Vice Pr sident of
the SKB ENVIRONMENTAL, INC., a Minnesota corporation, on behalf of said corporation.
Notary Public
■ •
, KAREN K. PRINCE
;• NOTARY PUBLIC !MINNESOTA
My Comm. Expires Jan. 31, 2005
■ a
85546 4
NOV -14 -2001 10:42 C I T`r' OF LAKEI.I I LLE 6129854409 P . 02�' 02
MEMORANDUM
TO: Mayor and City Council
FROM-
John Hennen, Assistant to City Administrator 1�7
DATE: November 14, 2001
SUBJECT: Agenda Item for November 19 2401 City Council Meeting:
Approve Amended Addendum to Contract between the Cities of
Lakeville, Apple Valley, Rosemount and Farmington and NRG
Processing Solutions, LLC for Operation and Maintenance of
Yard Waste Facility
Currently, the Cities of Lakeville, Apple Valley, Rosemount and Farmington have a
contract with NRG Processing Solutions for the operation and maintenance of the yard
waste compost facility located on Pilot Knob Road and 170P Street. The term of the
contract commenced on January 1, 2000 and will terminate on December 31, 2002.
NRG is not allowed to accept any materials (i.e. leaves, grass, brush, etc.) after
February 15, 2002 according to the current contract. During the period of February
16, 2002 through December 31, 2002 NRG shall have exclusive access to the facility
for the purpose of processing on -site materials, selling or otherwise distributing finished
products, and site cleanup.
The proposed amended addendum would allow NRG to continue to accept materials for
one more season (February 16'' through December 31, 2002). However, materials
accepted during this time period may not be processed on site, but transferred off, with
the exception of brush, which would be ground on site to reduce the volume of the
material prior to transferring. The termination date of December 31, 2002 would not
change. As you will recall, the reason for the December 31, 2002 termination is due to
the recent start-up of residential development (Cornerstone Lake and Lake Place) north
of the site.
Staff is recommending approval of the Amended Addendum to Contract between the
Cities of Lakeville, Apple Valley, Rosemount and Farmington and NRG Processing
Solutions. The three other cities are expected to approve the contract during the month
of November. Dakota County Physical Development Committee of the Whole
recommended approval of the license renewal for the yard waste compost facility at
their November 13t meeting. The entire Dakota County Board will consider approval
of the license renewal at their November 2r meeting.
TOTAL P.02
110 -2001 15':00 CITY OF LAKEV I LLE
6129854409 P.02 - -05
AMENDED ADDENDUM TO CONTRACT BETWEEN THE CITIES
OF LAKEVILLE, APPLE VALLEY, ROSEMOUNT. AND FARMINGTON
AND NRG PROCESSING SOLUTIONS, L.L.C.
FOR OPERATION AND MAINTENANCE OF YARDWASTE FACILITY
THIS AMENDED ADDENDUM is made and entered into by and between the Cities of Lakeville, Apple
Valley, Rosemount, and Farmington (hereinafter "Client "), and NRG Processing Solutions, L.L.C. (hereinafter
"Vendor ").
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, CLIENT AND VENDOR
AGREE AS FOLLOWS:
1, Prior Agreements The Client and SK6 Environmental, Inc. (hereinafter "SKB ") entered into a
Contract dated May 27, 1998 as amended by an Addendum dated January 1, 2000. The Client, Vendor and SKB
entered into an Assignment Agreement dated November 8, 2000 whereby SKB assigned its interest, rights and
obligations under the Contract to Vendor. These agreements shall remain in full force and effect, except as
specifically amended by this Addendum.
2. Amendment The paragraph to the January 1, 2000 Addendum identified below is amended to
read as follows:
3.9 Closure of Facility During the period of February 16, 2002 through December 31, 2002,
materials may be accepted by Vendor for transfer off site, but such materials may not
be processed on -site, with the exception of grinding of brush for reduction purposes.
During the some period, Vendor may process on -site material received prior to February
16, 2002 and shall sell or otherwise distribute finished product, and complete site clean -
up.
$ssas.03 1
RNK:rI 1107f2001
HOV -07 -2001 15 :00 CITY OF UWE)ILLE 6129854409 P.03.05
IN WITNESS WHEREOF, the parties have executed this Addendum on the date indicated below:
CITY OF APPLE VALLEY
By:
Mary Hamann-Roland, Mayor
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
Mary Mueller, Clerk
CITY OF LAKEVILLE
By:
Robert D. Johnson, Mayor
By:
Charlene Friedges, Clerk
By:
Ed Shukle, Administrator
CITY OF ROSEMOUNT
By:
Cathy Busho, Mayor
By:
Linda Jentink, Clerk
NRG PROCESSING SOLUTIONS,
INC.
By:
Gary White, Vice President
85546.03 2
Tq-7K:r11/01/2001
110k.)-07 —2001 15: 00
CITr OF LWEVILLE
6129 854409 P.04�:05
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of , 2001, by
MARY HAMANN- ROLAND and MARY MUELLER, respectively the Mayor and Clerk of the CITY OF APPLE VALLEY,
a Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City
Council.
Notary Public
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
) ss.
The foregoing instrument was acknowledged before me this day of , 2001, by
GERALD RISTOW and ED SHUKLE, respectively the Mayor and Administrator of the CITY OF FARMINGTON, a
Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City
Council.
Notary Public
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
) ss.
The foregoing instrument was acknowledged before me this day of 2001, by
ROBERT D. JOHNSON and CHARLENE FRIEDGES, respectively the Mayor and Clerk of the CITY OF LAKEVILLE. a
Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City
Council.
Notary Public
AS 3
RNK:rl 1107/2001
140U -07 -2001 15 00 CITY OF LAKEU I LLE 6129854409 P.05%05
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of , 2001, by
-CATHY BUSHO and LINDA JENTINK, respectively the Mayor and Clerk of the CITY'OF ROSEMOUNT, a Minnesota
municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of 2001, by
GARY WHITE, the Vice President of the NRG PROCESSING SOLUTIONS, L.L.C., a Minnesota limited liability
corporation, on behalf of said corporation.
Notary Public
85546.03
RNK;ri 1/0712001
4
TOTAL P.05