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HomeMy WebLinkAboutContract 1506FLUORESCENT/HID LAMP RECYCLING AGREEMENT THIS AGREEMENT is between Northem States Power Company ("NSP"), a Minnesota corporation, and City of Columbia Heights. WHEREAS the Minnesota Legislature has enacted a statute that prohibits the disposal of fluorescent and high-intensity discharge lamps in solid waste and requires NSP, as a public utility that provides electdc 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 currently operates a system for the collection and recycling of lamps from residents and small commercial and industrial customers; and WHEREAS NSP and City of Columbia Heights desire to enter into an agreement whereby NSP 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 NSP's system to meet its statutory obligations. NOW THEREFORE, in consideration of the terms and conditions stated in this Agreement, NSP and City of Columbia Heights agree as follows: City of Columbia Heights Collection and Recycling: City of Columbia Heights shall coordinate the collection and recycling of lamps from residents of and small commercial and industrial customers in City of Columbia Heights. Collection and recycling services shall be offered at no cost to NSP 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. City of 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 City of Columbia Heights's lamp collection and recycling program; and City of Columbia Heights agrees to serve as primary contact and coordinator for City of Columbia Heights municipalities, community groups, and other outside third parties who express interest in implementing lamp collection events. NSP agrees to reimburse City of Columbia Heights for associated lamp recycling expenses involved in these events in the same manner as specified in this agreement. City of Columbia Heights Reporting: City of Columbia Heights shall provide to NSP documentation regarding City 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. NSP Payment to City of Columbia Heights: NSP shall pay to City of 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 Exhibit A. NSP shall pay to City 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 NSP customers. City of Columbia Heights's collection and recycling costs shall include the costs of transportation, hauling, supplies, administrative expenses and labor 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 NSP's planned and coordinated promotions. Upon presentation of documentation of collection and recycling costs, NSP shall have the right to audit the documentation and request information. In the event NSP does not audit the documentation City of Columbia Heights collection and recycling costs, NSP shall pay the percentage of City of Columbia Heights collection and recycling costs thirty (30) days after receipt of the documentation. go The terms of this Agreement are dependent upon Minnesota Department of Commerce (DOC) approval of the request by NSP to implement the Program in NSP's Minnesota 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 Minnesota Public Utilities Commission (MPUC), this Agreement is null and void upon notification to City of Columbia Heights. No further payments shall be made by NSP to City of Columbia Heights except that NSP shall make such payments for which services have been rendered to the date of notification. City of Columbia Heights Indemnification: City of Columbia Heights shall indemnify and hold NSP harmless from and against all claims, damages, losses and expenses including attorney's fees and other litigation expenses, adsing 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 section shall survive the completion of, or termination of this Agreement, or any breach thereof. NSP Indemnification: NSP shall indemnify and hold City of Columbia Heights harmless from and against all claims, damages, losses and expenses including attorney's fees and other litigation expenses, adsing out of the negligent acts or omissions or willful misconduct of NSP, or its employees or agents, regarding NSP's obligations under this Agreement. This section shall survive the completion of, or termination of, this Agreement, or any breach thereof. 6. Term: The term of this Agreement is until December 31,2001. Notice: All information should be sent by United States mail, postage prepaid, to the following representatives of NSP and City of Columbia Heights: City of Columbia Heights: Jean Kuehn City of Columbia Heights City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 NSP: Kathy Chameli Product Manager Northern States Power Company 414 Nicollet Mall (RS-6) Minneapolis, MN 55401 IN WITNESS WHEREOF, NSP and City of Columbia Heights have caused this Agreement to be executed by their respective duly authorized representative~ on January 26, 2000. Dated: ?--/Z/ZO oO Dated: r~ !i(~ ~ Nodhe~tates Power Company City of Coldmbia ~ghts EXHIBIT A City of Columbia Heights The percentage of City of Columbia Heights's lamp collection and recycling costs which NSP shall pay is 100 percent based on the percentage of households in City of Columbia Heights which are residential customers of NSP.