Scrap Metal Collection and Recycling

CARLTON COUNTY ZONING AND ENVIRONMENTAL SERVICES
SERVICE AGREEMENT
COLLECTION AND RECYCLING
OF SCRAP METAL
This Agreement is made this XXth day of _________, 2026, by and between the COUNTY OF
CARLTON, hereinafter referred to as COUNTY and _______________, hereinafter referred to
as CONTRACTOR.
WITNESSETH:
WHEREAS, the Carlton County Board of Commissioners requires the services of a contractor
for the removal, transportation and recycling of scrap metal collected at the Carlton County Solid
Waste facility and
WHEREAS, CONTRACTOR has agreed all such services can be provided;
THEREFORE, COUNTY AND CONTRACTOR agree as follows:
SECTION I. CONTRACTOR SERVICES
This Agreement is to provide for the removal, management, and transportation of scrap metals
which are collected at the Solid Waste facility. Manage means (for the purpose of the
Agreement) to handle, inventory, manifest, transport, and dispose or recycle certain wastes in
compliance with regulations set forth by the Minnesota Pollution Control Agency (MPCA).
Scrap metal collection and recycling includes but is not limited to steel, aluminum, brass, and
copper from electrical wire, fencing, wheels, grills, shelving, exercise equipment, small
equipment and engines (drained of fluids), etc.
SECTION II. PERIOD OF SERVICE
3. The period of service shall be from July 1, 2026, to June 30, 2027, with the option reserved
to the County for renewing it for additional one year periods at the same rate. Renewal of the
agreement is conditioned on the consent of the Contractor. This Contract may be otherwise
terminated by (a) mutual agreement of the parties; (b) by either party without cause upon sixty
(60) days' prior written notice; (c) or by the non-breaching party with cause upon the
commission of a material breach of this Contract which is not cured within thirty (30) days after
the breaching party receives notice of such breach.
SECTION III. SCOPE OF WORK
A. Locations of the Work:
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S:\TRANSFER STATION\CONTRACTS AND AGREEMENTS\SCRAP METAL\SCRAP Agreement 2026-27 JB Edit.doc

Work is to remove and recycle the scrap metal collected at the North Carlton County
Transfer Station.
B. General Requirements of the Work:
1. It is specifically understood all Work performed by Contractor shall require approval by
the Carlton County Zoning and Environmental Services Administrator of 301 Walnut
Avenue, Room 103, Carlton, Minnesota 55718, prior to implementation.
2. Collection vehicles must be in good working condition and must be plainly marked with
Contractor's name.
3. Contractor shall perform the Work as directed by County and as described below.
4. Work must be performed in accordance with all federal, state, county, and local rules
and regulations and all amendments thereto.
5. Contractor shall provide County with the company name, address, telephone number,
contact person, and any other requested information of the approved disposal site.
7. County shall contact Contractor to schedule the Work. The removal of transportation of
the scrap by Contractor shall be completed within five (5) days of the County's request.
Removal of accumulated scrap shall be completed within five (5) days of the County's
request.
8. Contractor shall perform the Work during the hours the facilities are open or at other
prearranged times.
9. Contractor shall provide and have backup equipment available for emergency
situations.
10. County does not guarantee a minimum quantity of material.
11. Upon handling of the containers and recyclable materials by the Contractor, the
recyclable materials become the property and responsibility of the Contractor.
12. The County reserves the right to change the size, type, and number of containers within
the designated drop-off centers as deemed necessary.
13. The Contractor shall be liable for any excessive damage or wear caused by the
Contractor to any County owned property including pavement, structures and
equipment.
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14. The contractor shall provide a minimum of four 40-cubic yard dumpsters at the
Transfer Station for collection of scrap metal materials, or an equivalent volume of
storage and collection schedule to manage the volume.
C. Technical Requirements of the Work:
1. Minimum Contractor processing requirements include the following:
a. Recycle or reuse the scrap metal.
b. Remove all debris littering the site after baling and/or loading. Contractor shall
clean the site of small metal particles with the use of a magnet. Non-metal debris shall
be stockpiled at the site and disposed of by the site attendant in the MSW at the site.
c. Transport all materials to identified end markets, processing facilities, or disposal
sites.
2. Minimum Contractor Requirements:
a. Compliance with applicable OSHA and State standards.
b. Provide any additional reports as requested by the Department.
c. Obtain any and all licenses or permits required by federal, state, or local laws that
are not included herein and provide County with copies of all applicable permits and
licenses.
3. End Market Identification Requirements:
a. Identify all recycling facilities for the scrap metal.
b. Identify all transporters to be used.
4. Further Responsibilities of Contractor:
a. Contractor agrees to furnish qualified personnel to perform the services
required.
b. Contractor recognizes the requirement to perform services on behalf of County in a
professional and ethical manner.
c. Contractor recognizes its responsibility to meet the objectives of the project in a
cost-effective manner.
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5. Annual Reporting Requirements:
Contractor must submit annual reports to the Carlton County Solid Waste Department in the
required format and including all requested information by April 15 for the preceding 12
months (April 1 through March 31) identifying the following (estimates may be used if
actual numbers are not available):
a. Pounds of and end market for scrap metal.
c. List of all transporters (including EPA ID numbers, if applicable) used during the
reporting year (for both hazardous and non-hazardous wastes).
6. CONTRACTOR'S OPERATIONS
A. The Contractor shall establish and maintain an office or answering service for accepting
complaints. The office or answering service shall be in service with continuous
supervision during the hours of 8:00 a.m. until 4:00 p.m., Monday through Friday.
Address and telephone number of such office or answering service and any changes
therein shall be given to the County in writing.
B. Complaints on service will be taken and collected by the County. The County will
notify the Contractor of all complaints it receives. The Contractor is responsible for all
corrective actions. A record of all such complaints and action taken thereon will be
kept by the County. All complaints shall be answered by the Contractor courteously
and promptly.
C. The Contractor's employees shall clean up and dispose of any spilled materials inside
designated drop-off centers, including all recyclable and non-recyclable materials.
D. The Contractor shall remove and dispose of all materials from the immediate area
outside of the designated drop-off centers including non-recyclable materials during
every scheduled collection at each designated drop-off center. The Contractor shall
ensure any hazardous waste collected is delivered to an off-site storage, treatment, or
disposal facility permitted to accept hazardous waste under the Minnesota Pollution
Control Agency's permitting procedures. Large or reoccurring violations shall be
reported to the Environmental Services Coordinator with documentation.
Documentation includes, but not limited to, the date, time, description, and photos of
the violation.
E. The Contractor shall transfer all collected scrap metal to a recycling processing facility.
If the Contractor is unable to dispose of any recyclable material collected, then the
Contractor agrees to immediately notify the Zoning and Environmental Services
Administrator of Carlton County or his authorized agent and follow directions of that
County official as to the disposal of those materials.
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SECTION IV. COMPENSATION
A. Scrap Metal: The Contractor agrees to pay County $___________________ per ton.
B. Contractor shall provide to the County monthly a detailed statement of services performed.
All tonnage reports shall be submitted to the Carlton County Solid Waste Department on
appropriate forms.
C. Contractor will utilize County scale for determining weights of scrap collected.
D. No claim for services provided by Contractor, but not specifically provided for in the
Agreement, will be honored by County.
E. The Contractor will remit payment to the County within thirty (30) days of receipt of an
invoice, providing compliance with the Agreement.
SECTION V. SUSPENSIONS OF WORK
County may order Contractor to suspend all or part of the work for such period of time as may be
determined by County to be necessary or desirable in the best interest of County.
SECTION VI. INSURANCE
The following insurance must be maintained for the duration of this contract. A Certificate of
Insurance for each policy must be on file with Carlton County within 10 days of execution of this
contract and prior to commencement of any work under this contract. Each certificate must
include a 10-day notice of cancellation, nonrenewal, or material change to all named and
additional insureds.
The County reserves the right to rescind any contract not in compliance with these requirements
and retains all rights thereafter to pursue any legal remedies against Contractor. All insurance
policies shall be open to inspection by the County, and copies of policies shall be submitted to
the County upon written request. All subcontractors shall provide evidence of similar coverage.
A. General Liability Insurance:
1. $300,000 for claims for wrongful death and each Person for other claims.
$1,000,000 Each Occurrence.
No Less than $2,000,000 Aggregate.
2. Policy shall include at least premises, operations, completed operations, independent
contractors and subcontractors, and contractual liability.
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3. Carlton County must be named as additional insured.
B. Business Automobile Liability Insurance:
1. $300,000 Each Person.
$1,000,000 Each Occurrence.
No Less than $2,000,000 Aggregate.
2. Must cover owned, non-owned, and hired vehicles.
C. Worker's Compensation Per Statutory Requirements:
Carlton County reserves the right to rescind any contract not in compliance with these
requirements and retains all rights thereafter to pursue any legal remedies against bidder.
INDEMNIFICATION CLAUSE
Except as may be caused by the sole negligence of the County or its employees, Contractor shall
indemnify and hold harmless Carlton County, its employees, and its agents from all claims,
actions, demands, and judgments of any kind arising in whole or in part from any negligent act
or omission of Contractor, their subcontractors, and their agents, servants, or employees,
incidental to the performance of the contract and from all expenses in connection with such
claims, actions, demands and judgments, and shall assume, without expense to the County, the
defense of any such claims, actions, demands and judgments, irrespective of whether it is
alleged, claimed, or proved in connection with such act or omission that negligence of the
County or its representatives caused or contributed thereto.
Contractor agrees, that in order to protect itself and the County under the indemnity provisions
set forth above, it will at all times during the term of this Agreement keep in force policies of
insurances indicated in paragraph entitled "INSURANCE".
This provision is not intended to create any cause of action in favor of any third party against the
Contractor or the County or to enlarge in any way the Contractor's liability, but it is intended
solely to provide for indemnification of the County from liability for damages or injuries to third
persons or property arising from the Contractor's, or the Contractor's agents', performance
hereunder.
SECTION VII. GENERAL CONDITIONS
A. Independent Contractor:
The relationship of Contractor to County is that of an independent contractor. Nothing in
this agreement shall be construed as creating the relationship of copartners, joint venturers,
or an association with County and Contractor, nor shall Contractor, its employees, agents,
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representatives and subcontractors be considered employees, agents, or representatives of
County for any purpose whatsoever.
B. Subcontractors:
Contractor shall not enter into subcontracts for any of the services to be performed
hereunder without the prior written consent of County.
C. Safety and OSHA Requirements:
Contractor and subcontractors agree to hold County harmless against any citation, penalty,
claim, or alleged violation arising under the Minnesota Occupational Safety and Health Act
of 1973. Contractor assumes full responsibility to provide its employees and inspector(s) of
County with a safe and healthful work place within the boundaries of the project area(s)
through the use of proper protective procedures.
D. Waiver:
Any waiver by either party of any provision of the Agreement shall not imply a subsequent
waiver of that or any other provision.
E. Non-Disclosure:
Contractor shall not divulge to third parties, without the written consent of County, any
information obtained from or through County in connection with the performance of this
agreement. Contractor will not, without prior written consent of County, disclose to any
third party any information developed or obtained by Contractor in the performance of the
Agreement.
F. Compliances:
Contractor will comply with all applicable state and federal requirements for
nondiscrimination and equal opportunity employment.
G. Accounting Procedures:
The books, records, documents, and accounting procedures and practices of Contractor
relevant to the Agreement are subject to examination by County and either the legislative
auditor or the state auditor as appropriate pursuant to Minnesota Statutes 16B.06, subd. 4
(1990).
H. Notices:
All notices, demands, and communications arising under the Agreement shall be directed to
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County through Chris Berg, Carlton County Zoning and Environmental Services
Administrator, P.O. Box 220, Carlton, Minnesota 55718-0220, 218-384-9174, and to
I. Severability:
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law
or otherwise invalid, the remaining portion or portions shall be considered severable and not
be affected by such determination, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular part, term or
provisions held to be illegal or invalid
____________________________________________.
SECTION VIII. TERMINATION
A. The Agreement may be terminated by either party at any time, with or without cause, upon
sixty (60) days written notice delivered by mail or in person to the other party.
B. County shall have the right to terminate the Agreement in the event of breach thereof by
Contractor and a continuing breach shall not be deemed to be waived because not followed
by prompt termination.
C. The Agreement shall terminate and neither party nor officials of County shall be liable for
further performance after such termination if it shall become invalid by reason of any
present or future law.
D. Upon failure of Contractor to fulfill any of the provisions of the Agreement, County shall be
authorized to contract for other outside help or assign county employees, as may be
necessary, to do such work and the cost and expense thereof may be deducted from any
monies due Contractor or collected from Contractor without resort to further legal process.
SECTION IX. AMENDMENT
Any amendment to the Agreement shall be in writing and shall be executed by the same parties
who executed the original Agreement or their successors in office.
SECTION X. ENTIRE AGREEMENT
The Agreement constitutes the entire Agreement between Contractor and County and supersedes
all prior written or oral agreements for this project. Any term, condition, prior course of dealing,
course of performance, usage of trade, understanding, purchase order, or agreement purporting to
modify, vary, supplement, or explain any provision of the Agreement is null and void and of no
effect unless in writing and signed by representatives of both parties authorized to amend the
Agreement.
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IN WITNESS THEREOF, the parties have executed this Agreement the date and year first above
written.
CONTRACTOR: CARLTON COUNTY
BY: __________________________ BY: _________________________
Thomas Proulx, Chairperson
County Board of Commissioners
BY: __________________________
Kevin DeVriendt
County Auditor/Treasurer
BY: __________________________
Chris Berg
Zoning and Environmental Services
Administrator
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