Waste Collection Contract Review

Summary: Crestlake HOA Solid Waste and Recycling Services Agreement
Parties
• Customer: Crestlake HOA
• Contractor: Waste Connections of Kansas, Inc.
Key Terms
Services
• Waste Connections is the exclusive preferred provider for solid waste and recycling collection.
• HOA will not contract with other haulers during the term.
• The agreement does not require residents to use the service, but HOA will promote it.
• Waste is collected curbside, must be in provided containers, and placed within 3 feet of the street.
Term
• Initial Term: 60 months (5 years) starting June 1, 2025.
• Automatic Renewal: Yearly (12-month) renewals unless either party gives 90 days' notice before the term ends.
Holiday Schedule
• No collection on: New Year’s Day, Thanksgiving Day, Christmas Day.
• Pickup around holidays may occur before or after, with notice.
Rates & Billing (Exhibit A)
• Trash Service (95-gallon cart): $49.41 per quarter, per household.
• Extras: Up to 5 extra bags/bundles allowed at no charge; excess costs $1.50 per item (prepaid).
• Extra Trash Cart: $24.00/quarter.
• Recycling Service (optional): $42.00/quarter, every-other-week pickup. No extra recyclables outside cart.
Resident Responsibilities
• Each resident pays their own bill directly.
• Not HOA’s financial responsibility if a resident doesn’t pay.
• Residents must comply with preparation guidelines (e.g., recyclable sorting).
• Responsible for cart care, proper use, and damages.
Rate Adjustments
• Annual rate increase up to 7%, starting Jan 1, 2026 (trash only, not recycle).
Other Important Clauses
• Excluded Waste: No hazardous or biomedical materials.
• Title: Contractor owns waste upon loading into truck.
• Equipment Ownership: Contractor owns the carts; residents must maintain and provide access.
• Damage Waiver: Contractor not responsible for pavement/curb damage from trucks.
• Service Suspension: Contractor may stop service for non-payment or if access is blocked.
• Cancellation Fee: For residents who cancel and want carts removed.
• Class Action Waiver: Disputes must be brought individually, not as class actions.
Participation Rate Clause
• Current participation: 86% (57 of 66 homes).
• Discounted rate depends on maintaining at least 85% participation.