HomeMy WebLinkAboutContract 1645Anoka County Contract #2001-0
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 1 lth day of December, 2001,
notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA,
State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF COLUMBIA
HEIGHTS, hereinafter referred to as the "MUNICIPALITY".
WITNESSETH:
WHERE. AS,..Anoka County has received $787,526.00 in funding from the Solid Waste
Management.Cioordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557
(hereinafter "SCORE funds"); and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by the Anoka County Board of Commissioners by providing said SCORE funds to
cities and townships, in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the p~arties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the
County and the Municipality to implement solid waste recycling programs in the
Municipality.
TERM. The term of this Agreement is from January 1, 2002 through December 31,
2002, unless earlier terminated as provided herein.
3. DEFINITIONS.
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"Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 24a.
"Multi-unit households" means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
"Opportunity to recycle" means providing recycling and curbside pickup or
collection centers for recyclable materials as required by Minn. Stat. § 115A.552.
"Recycling" means the process of collecting and preparing recyclable materials
and reusing the materials in their original form or using them in manufacturing
processes that do not cause the destruction of recyclable materials in a manner that
precludes further use.
"Recyclable materials" means materials that are separated from mixed municipal
solid waste for the purpose of recycling, including paper, glass, plastics, metals,
fluorescent lamps, major appliances and vehicle batteries.
Refuse derived fuel or other material that is destroyed by incineration is not a
recyclable material.
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"Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 38.
PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal of 1,621
tons of recyclable materials as established by the County. The Municipality shall ensure
that the recyclable materials collected are delivered to processors or end markets for
recycling.
a. The Municipal recycling program shall include the following components:
i. Each household (including multi-unit households) in the Municipality
shall have the opportunity to recycle at least four broad types of materials,
such as paper, glass, plastic, metal and textiles.
ii. The recycling program shall be operated in compliance with all applicable
federal, state, and local laws, ordinances, rules and regulations.
iii. The Municipality shall implement a public information program that
contains at least the following components:
(1) One promotion is to be mailed to each household focused
exclusively on the Municipality's recycling program;
(2) One promotion advertising recycling opportunities available for
residents is to be included in the Municipality's newsletter or local
newspaper; and
(3) Two community presentations are to be given on recycling.
The public information components listed above must promote the focused
recyclable material of the year as specified by the County. The County
will provide the Municipality with background material On the focused
recyclable material of the year.
iv. The Municipality, on an ongoing basis, shall identify new residents and
provide detailed information on the recycling opportunities available to
these new residents.
b. If the Municipality's recycling program did not achieve the Municipality's
recycling goals as established by the County for the prior calendar year, the
Municipality shall prepare and submit to the County by March 31, 2000, a plan
acceptable to County that is designed to achieve the recycling goals set forth in
this Agreement.
REPORTING. The Municipality shall submit the following reports semiannually to the
County no later than July 20, 2002 and January 20, 2003:
An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shall
certify the number of tons of each recyclable material which has been collected
and the number of tons of each recyclable material which has been marketed. For
recycling programs mn by other persons or entities, the Municipality shall also
provide documentation on forms provided by the County showing the tons of
materials that were recycled by the Municipality's residents through these other
programs. The Municipality shall keep detailed records documenting the
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disposition of all recyclable materials collected pursuant to this agreement. The
Municipality shall also report the number of cubic yards or tons of yard waste
collected for composting or landspreading, together with a description of the
methodology used for calculations. Any other material removed from the waste
stream by the Municipality, i.e. tires and used oil, shall also be reported
separately.
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Information regarding any revenue received from sources other than the County
for the Municipality's recycling programs.
c. Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with additional reports in form and at
frequencies requested by the County for financial evaluation, program management
purposes, and reporting to the State of Minnesota.
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BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized
invoices semiannually to the County for abatement activities no later than July 20, 2002
and January 20, 2003. Costs not billed by January 20, 2003 will not be eligible for
funding. The invoices shall be paid in accordance with standard County procedures,
subject to the approval of the Anoka County Board of Commissioners.
ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for
eligible expenses, less revenues or other reimbursement received, for eligible activities up
to the project maximum as computed below, which shall not exceed $53,779.85. The
project maximum for eligible expenses shall be computed as follows:
a. A base amount of $10,000.00 for recycling activities only; and
b. $5.45 per household for recycling activities only.
RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the County and the State of Minnesota. The
Municipality shall maintain strict accountability of all funds and maintain records of all
receipts and disbursements. Such records and accounts shall be maintained in a form
which will permit the tracing of funds and program income to final expenditure. The
Municipality shall maintain records sufficient to reflect that all funds received under this
Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for
residential solid waste recycling purposes. The Municipality shall also maintain records
of the quantities of materials recycled. All records and accounts shall be retained as
provided by law, but in no event for a period of less than five years from the last receipt
of payment from the County pursuant to this Agreement.
AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or
other persons or agencies authorized by the County, and the State of Minnesota, including
the Legislative Auditor or the State Auditor, access to the records of the Municipality at
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reasonable hours, including all books, records, documents, and accounting procedures
and practices of the Municipality relevant to the subject matter of the Agreement, for
purposes of audit. In addition, the County shall have access to the project site(s), if any,
at reasonable hours.
10. GENERAL PROVISIONS.
In performing the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or
standards established by any agency or special governmental unit which are now
or hereafter promulgated insofar as they relate to performance of the provisions of
this Agreement. In addition, the Municipality shall comply with all applicable
requirements of the State of Minnesota for the use of SCORE funds provided to
the Municipality by the County under this Agreement.
No person shall illegally, on the grounds of race, creed, color, religion, sex,
marital status, public assistance status, sexual preference, handicap, age or
national origin, be excluded from full employment fights in, participation in, be
denied the benefits of, or be otherwise subjected to unlawful discrimination under
any program, service or activity hereunder. The Municipality agrees to take
affirmative action so that applicants and employees are treated equally with
respect to the following: employment, upgrading, demotion, transfer, recruitment,
layoff, termination, selection for training, rates of pay, and other forms of
compensation.
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The Municipality shall be responsible for the performance of all subcontracts and
shall ensure that the subcontractors perform fully the terms of the subcontract.
The Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
The Municipality agrees that the Municipality's employees and subcontractor's
employees who provide services under this agreement and who fall within any job
classification established and published by the Minnesota Department of Labor &
Industry shall be paid, at a minimum, the prevailing wages rates as certified by
said Department.
It is understood and agreed that the entire Agreement is contained herein and that
this Agreement supersedes all oral and written agreements and negotiations
between the parties relating to the subject matter hereof.
Any amendments, alterations, variations, modifications, or waivers of this
Agreement shall be valid only when they have been reduced to writing, duly
signed by the parties.
Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all laws, rules, and regulations applicable to the
Municipality.
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The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to
be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
Nothing in this Agreement shall be construed as creating the relationship of co-
partners, joint venturers, or an association between the County and Municipality,
nor shall the'Municipality, its employees, agents or representatives be considered
employees, agents, or representatives of the County for any purpose.
PUBLICATION. The Municipality shall acknowledge the financial assistance of the
County on all promotional materials, reports and publications relating to the activities
funded under this Agreement, by including the following acknowledgement: "Funded by
the Anoka County Board of Commissioners and State SCORE funds (Select Committee
on Recycling and the Environment).
INDEMNIFICATION, The County agrees to indemnify, defend, and hold the
Municipality harmless from all claims, demands, and causes of action of any kind or
character, including the cost of defense thereof, resulting from the acts or omissions of its
public officials, officers, agents, employees, and contractors relating to activities
performed by the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all
claims, demands, and causes of action of any kind or character, including the cost of
defense thereof, resulting from the acts or omissions of its public officials, officers,
agents, employees, and contractors relating to activities performed by the Municipality
under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term
of this Agreement.
TERMINATION. This Agreement may be terminated by mutual written agreement of
the parties or by either party, with or without cause, by giving not less than seven (7) days
written notice, delivered by mail or in person to the other party, specifying the date of
termination. If this Agreement is terminated, assets acquired in whole or in part with
funds provided under this Agreement shall be the property of the Municipality so long as
said assets are used by the Municipality for the purpose of a landfill abatement program
approved by the County.
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IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates
first written above:
Name: Gary L, Peterson DanErhart, Chairman
Anoka County Board of Commissioners
Title: Ma yo r
Date:
Date: January 28, 2002
Municipality's Clerk
Date:
ATTEST:
County Admin/strator
Date: c:~ ~{& / 6&
Approved as to form and legality:
Approved as to form and legality:
Assistant County Attorney
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