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RELEVANT LINKS: <br />Minn. Stat. § 115A.94, subd. <br />4d. <br />Minn. Stat. § 115A.94, subd. <br />4e. <br />Minn. Stat. § 115A.94, subd. <br />4d. <br />Minn. Stat. § 115A.94, subd. <br />4d. <br />Minn. Stat. § 115A.94, subd. <br />4d. <br />Minn. Stat. § 115A.94, subd. <br />4d. <br />Minn. Stat. § 115A.94, subd <br />4c. <br />LMCIT staff can assist in <br />reviewing city contracts, <br />especially provisions related <br />to insurance and liability. <br />For more information, <br />contact Chris Smith, Risk <br />Management Attomey, at <br />csmith@lmc.org or 651-281- <br />1269. <br />2. Exclusive negotiation period with licensed <br />collectors <br />After the city provides notice of its intent to consider adopting organized <br />collection, it must provide a negotiation period that is exclusive between the <br />city and all collectors licensed to operate in the city. This exclusive <br />negotiation period must be at least 60 days, but it may be longer if the city <br />chooses. <br />Before the exclusive meetings and negotiation, participating licensed <br />collectors and elected officials must meet and confer regarding waste <br />collection issues, including but not limited to road deterioration, public <br />safety, pricing mechanisms, and contractual considerations unique to <br />organized collection. <br />A city is not required to reach an agreement with the licensed collectors <br />during this period. The purpose of the exclusive negotiation period is to <br />allow the licensed collectors an opportunity to develop a proposal in which <br />they, as members of an organization of collectors, will collect solid waste <br />from designated sections of the city. <br />The proposal must contain identified city priorities, including issues related <br />to zone creation, traffic, safety, environmental performance, service <br />provided, and price, and must reflect existing collectors maintaining their <br />respective market share of business as determined by each hauler's average <br />customer count during the six months before the beginning of the exclusive <br />negotiation period. <br />If an existing collector opts to be excluded from the proposal, the city may <br />allocate its customers proportionally based on market share to the <br />participating collectors who choose to negotiate. <br />If an organized collection agreement is established as a result of the <br />exclusive negotiation period, the initial agreement must be in effect for <br />seven years. Upon execution of an agreement between the participating <br />licensed collectors and the city, the city shall establish organized collection <br />through appropriate local controls. The city does not need to establish a solid <br />waste collection options committee if it reaches an agreement with the <br />licensed haulers during the exclusive negotiation period; however, the city <br />must first provide public notice and a public hearing before officially <br />deciding to implement organized collection. Organized collection may begin <br />no sooner than six months after the effective date of the city's decision to <br />implement organized collection. <br />League of Minnesota Cities Information Memo: 5/6/2024 <br />City Solid Waste Management Page 16 <br />