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HomeMy WebLinkAboutContract 1628FLUORESCENT/HID LAMP RECYCLING AGREEMENT THIS AGREEMENT is between Xcel Energy, a l~2nnesota corporation, and City of Columbia Heights. WHEREAS the 1Wmnesota Legishture has enacted a statute that prohibits the disposal of fluorescent and high- intensity discharge lamps in solid waste and requires Xcel Energy; as a public utility that provides electric service to 200,000 or more customers, to establish a system to collect and recycle lamps from residents and small (generating less than ten lamps per year) commercial and industrial customers; WHEREAS City of Columbia Heights has established and. currendy operates a system for the collection and recycling of lamps from residents and small commercial and industrial customers; and WHEREAS Xcel Energy and City of Columbia Heights desire to enter into an agreement whereby Xcel Energy will pay a percentage of costs incurred by City of Columbia Heights for the collection and recycl/ng of lamps from residents and small commercial and industrial customers as part of Xcel Energy's system to meet its statutory obligations. NOW THEREFORE, in consideration of the terms and conditions stated in this Agreement, Xcel Energy and Gty of Columbia Heights agree as follows: G.ty of Columbia He~hts Collection and ~c;,rli,~g: Gty of Columbia i4eigh~ shall coordinate the collection md recycling of lamps from residents of and small commercial and industrial customers in City of Cohmbh Heights. Collection and recycling services shall be offered at no cost to Xcel Energy residential and small commercial and industrial customers. Cityof Columbia Heights shall be responsible for contracting or making similar an'angements with transporters and haulers used for collection and recyclers. City of Columbia Heights is solely responsible for the selection of transporters and haulers used for collection and recyclers, and the overall operation of its system for the collection and recycling of lamps. City of Columbia Heights shall be responsible fon Collection, staffing and citing of lamp collections; b. Arranging and contracting with transporters and lm-np recyclers; Completion and submittal of documentation as described in this Agreement, including furnishing a description of City of Columbia Heights's lamp collection and recyd/ng program; and City of Columbia Heights agrees to serve as primary contact and coordinator for Gty of Columbia Heights municipalities, community groups, and other outside third parries who express interest in implementing lamp collection events. Xcel Energy agrees to reimburse Gty of Columbia Heights for associated lamp recycling expenses involved in these events in the same manner as specified in this Agreement. G.ty of Columbia Heights Reporting: City of Columbia Heights shall provide to Xcel Energy documentation regarding Gty of Columbia Heights's lamp collection and recycling program, including a description of collection and recycling costs. Documentation shall: ao Include the lamps collected, including, but not limited to, the total number and type of bulbs collected, and b. Show proof of recycling or disposal of Lamps c. Be provided within thirty (30) days of the collection event. 3. Xcel Enerk, yPa.wnent to City of Columbia Heightq: bo Xcel Energyshall payto C/ty of Columbia Heights a percentage of the costs inbarred by Ckyof Columbia Heights for the collection and recycling of lamps from households as stated in Exhibk A. Xcel Energy shall payto Gty of Columbia Heights the costs incurred by Gty of Columbia Heights for the collection and recycling of lamps from businesses disposing of ten 1 ,amps or less which are documented Xcel Energy customers. Gty of Columbia Heights's collection and recycling costs shall indude the costs of transportation, hauling, supplies, administrative expenses and hbor costs directly associated with lamp recycling. City of Columbia Heights shall be responsible for its own expenses, including operation and maintenance of collection site(s), storage space and promotional expenses above and beyond Xcel Energy's planned and coordinated promotions. Upon presentation of documentation of collection and recycling costs, Xcel Energy shall have the right to audit the documentation and request information. In the event Xcel Energy does not audit the docurnentadon Gty of Columbia Heights collection and recycling costs, Xcel Energy shall paythe percentage of Gty of Columbia Heights collection and recycling costs thirty (30) days after receipt of the documentation. The terms of this Agreement are dependent upon Ixfmnesota Department of Commerce (DOC) approval of the request by Xcel Energy to implement the Program in Xcel Energy's lvrannesota Service area as a Conservation Improvement Program (CIP). If approval is subsequently withdrawn, or recovery of program costs through electrical rates is disallowed by the Iffxnnesota Public Udlides Commission (MPUQ, this Agreement is null and void upon notification to City of Columbia Heights. No further payments shall be made by Xcel Energy to Gty of Columbia Heights except that Xcel Energy shall make such payments for which services have been rendered to the date of notificatior~ G.ty of Columbia Heights Inderrmificadom Gvy' of Coiumbia Heights shall indemnify, and hold Xcel Energ9, harmless from and against all claims, damages, losses and expenses including attorney's fees and other litigation expenses, arising out of the operation of its system for the collection and recycling of lamps, including the selection of transporters and haulers used for collection and recyclers. This secdon shall survive the completion of, or termination of this Agreement, or any breach thereof. Xcel Energy. Indemnification: Xcel Energy shall indemnify and hold C_ky of Columbia Heights harmless from and against all claims, damages, losses and expenses including at-tome)as fees and other litigation expenses, arising out of the negligent acts or omissions or willful misconduct of Xcel Energy, or its employees or agents, regarding Xcel Energy's obligations under this Agreement. This secdon shall survive the completion of, or termination of, this Agreement, or any breach thereof. 6. Terrm The term of this Agreement is until December 31, 2003. Notice: All information should be sent byUnited States mail, postage prepaid, to the following representatives of Xcel Energy and City of Columbia Heights: Gtyof Columbia Heights: Jean Kuehn City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Xcel Energy. Noel Hatcher Marketing Business Management Specialist Xcel Ene ~rgy 512 Nicollet Mall (RS-4) 1Wmneapolis, MN 55401 IN WITNESS WHEREOF, Xcel Energy and City of Columbia Heights have caused this Agreement to be executed bytheir respective duly authorized representatives on August 26, 2001. Dated: /~ - /x/'-O ,/ Xcel Energy Tide: ~ c Tide: EXHIBIT A City of Columbia Heights The percentage of Gty of Columbia Heights's lamp collection and recycling costs which Xcel Energy shall pay is 100 percent based on the percentage of households in City of Columbia Heights which are residential customers of Xcel Energy. FLUORESCENT/HID LAMP RECYCLING AGREEMENT THIS AGREEMENT is between Xcel Energy; a iVfinnesota corporation, and Cityof Columbia Heights. WHEREAS the lVSnnesota Legislature has enacted a statute that prohibits the disposal of fluorescent and high- intensity discharge lamps in solid waste and requires Xcel Energy, as a public utility that provides electric service to 200,000 or more customers, to establish a system to collect and recycle lamps from residents and small (generating less than ten lamps per year) commercial and industrial customers; WHEREAS Gty of Columbia Heights has established and currendy operates a system for the collection and recycling of lamps from residents and small commercial and industrial customers; and WHEREAS Xcel Energy and Gty of Columbia Heights desire to enter into an agreement whereby Xcel Energy will pay a percentage of costs incurred by City of Columbia Heights for the collection and recycling of lamps from residents and small commercial and industrial customers as part of Xcel Energy's system to meet its statutory obligations. NOW THEREFORE, in consideration of the terms and conditions stated in this Agreement, Xcel Energy and Gty of Columbia Heights agree as follows: G.ty of Columbia Heights Collection and Re.cycling: Gty of Columbia Heights shall coordinate the collection and recycling of lamps from residents of and small commercial and industrial customers in Gty of Columbia Heights. Collection and recycling services shall be offered at no cost to Xcel Energy residential and small commercial and industrial customers. City of Columbia Heights shall be responsible for contracting or making similar arrangements with transporters and haulers used for collection and recyclers. City of Columbia Heights is solely responsible for the selection of transporters and haulers used for collection and recyclers, and the overall operation of its system for the collection and recycling of lamps. Gtyof Columbia Heights shall be responsible for: a. Collection, staffing and citing of lamp collections; b. Arranging and contracting with transporters and lamp recyclers; Completion and submittal of documentation as described in this Agreement, including furnishing a description of Gty of Columbia Heights's lamp collection and recycling program; and Gty of Columbia Heights agrees to serve as primary contact and coordinator for Gty of Columbia Heights municipalities, community groups, and other outside third parties who express interest in implementing lamp collection events. Xcel Energy agrees to reimburse City of Columbia Heights for associated lamp recycling expenses involved in these events in the same mariner as specified in this Agreement. Gty of Columbia Heights Reporting: Gty of Columbia Heights shall provide to Xcel Energy documentation regarding Gty of Columbia Heights's lamp collection and recycling program, including a description of collection and recycling costs. Documentation shall: Include the lamps collected, including, but not 1Lmited to, the total number and type of bulbs collected, and b. Show proof of recycling or disposal of lamps c. Be provided within thirty (30) days of the collection event. 3. Xcel EnergyPa.wnent to Cityof Columbia Heights: ao Xcel Energy sha[l payto Cityof Columbia Heights a percentage of the costs incurred by City of Columbia Heights for the collection and recycling of lamps from households as stated in Exhibk A. Xcel Energy shall pay to Gty of Columbia Heights the costs incurred by City of Columbia Heights for the collection and recycling of lamps from businesses disposing of ten lamps or less which are documented Xcel Energy customers. City of Columbia Heights's collection and recycling costs shall include the costs of transportation, hauling, supplies, administrative expenses and labor costs direcdy associated with lamp recycling. City of Columbia Heights shall be responsible for its own expenses, including operation and maintenance of collection site(s), storage space and promotional expenses above and beyond Xcel Energy's planned and coordinated promotions. Upon presentation of documentation of collection and recycling costs, Xcel Energy shall have the right to audit the documentation and request information. In the event Xcel Energy does not audit the documentation Gty of Columbia Heights collection and recycling costs, Xcel Energy shall pay the percentage of Gty of Columbia Heights collection and recycling costs thirty (30) days after receipt of the documentation. The ten-ns of this Agreement are dependent upon Nfmnesota Department of Commerce (DOC) approval of the request by Xcel Energy to implement the Program in Xcel Energy's Minnesota Service area as a Conservation Improvement Program (CIP). If approval is subsequendy withdrawn, or recovery of program costs through electrical rates is disallowed by the Minnesota Public Utilities Commission (MPUQ, this Agreement is null and void upon notification to City of Columbia Heights. No further payments shall be made by Xcel Energy to Gty of Columbia Heights except that Xcel Energy shall make such payments for which services have been rendered to the date of notification. G.ty of Columbia Heights Indemnification: Gty of Columbia Heights shall indemnify and hold Xcel Energy harmless from and against all daims, damages, losses and expenses including attorney's fees and other litigation expenses, arising out of the operation of its system for the collection and recycling of lamps, including the selection of transporters and haulers used for collection and recyclers. This secdon shall survive the completion of, or termination of this Agreement, or any breach thereof. Xcel Energy. Indemnification: Xcel Energy shall indemnify and hold City of Columbia Heights harmless from and against all claims, damages, losses and expenses including attomey's fees and other litigation expenses, arising out of the negligent acts or omissions or willful misconduct of Xcel Energy, or its employees or agents, regarding Xcel Energy's obligations under this Agreement. This secdon shall survive the completion of, or termination of, this Agreement, or anybreach thereof. 6. Term: The term of this Agreement is until December 31, 2003. Notice: Ail information should be sent by United States mail, postage prepaid, to the following representatives of Xcel Energy and Gry of Columbia Heights: City of Columbia Heights: Jean Kuehn Gty of Columbia Heights 590 40th Ave NE Columbia Heights, MN 5542,1 Xcel Energy Noel Hatcher Marketing Business Management Specialist Xcel Energy 512 Nicollet Mall 0kS-4) Ivfinneapolis, MN 55401 IN WiTNESS WHEREOF, Xcel Energy and Gty of Columbia Heights have caused this Agreement to be executed by their respective duly authorized representatives on August 26, 2001. Dated: Xcel Energy t-~ / Dated: /,;3. -~5, EXHIBIT A City of Columbia Heights The percentage of City of Columbia Heights's lamp collection and recycling costs which Xcel Energy shall pay is 100 percent based on the percentage of households in City of Columbia Heights which are residential customers of Xcel Energy.