HomeMy WebLinkAboutContract 2011 2365 Anoka County Contract # 2010 -0320
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 1st day of January, 2011,
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:
WHEREAS, Anoka County will receive $413,023 in funding from the Solid Waste
Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557
(hereinafter "SCORE funds ") prior to the effective date of this Agreement; and
WHEREAS, Anoka County anticipates receiving an additional $413,023 in SCORE
funds in the spring of 2011; 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 parties 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.
2. TERM. The term of this Agreement is from January 1, 2011 through December 31,
2011, unless earlier terminated as provided herein.
3. DEFINITIONS.
a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 24a.
b. "Multi -unit households" means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
c. "Opportunity to recycle" means providing recycling and curbside pickup or
collection centers for recyclable materials as required by Minn. Stat. § 115A.552.
d. "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.
e. "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.
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f. Refuse derived fuel or other material that is destroyed by incineration is not a
recyclable material.
g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 38.
4. PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal of 1,607
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, 2011, a plan
acceptable to County that is designed to achieve the recycling goals set forth in
this Agreement.
5. REPORTING. The Municipality shall submit the following reports semiannually to the
County no later than July 20, 2011 . and January 20, 2012:
a. 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 run by other persons or entities, the Municipality shall also
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provide documentation on fords 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
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.
b. 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 tern 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.
6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized
invoices semiannually to the County for abatement activities no later than July 20, 2011
and January 20, 2012. Costs not billed by January 20, 2012 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.
7. 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
$51,546.35. 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. $5.05 per household for recycling activities only.
Notwithstanding any provision to the contrary, the County reserves the right to reduce the
funding provided hereunder in the event insufficient SCORE funds are available. If the
spring SCORE payment of $413,023 is not received or is reduced, the County may
reduce the project maximum amount payable to the Municipality. The County will
promptly notify the Municipality in the event that the project maximum will be reduced.
8. 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 foini
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
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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.
9. 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 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.
a. 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 perfoiinance 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.
b. 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 rights 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.
c. The Municipality shall be responsible for the performance of all subcontracts and
shall ensure that the subcontractors perfoini fully the te„ms of the subcontract.
The Agreement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
d. 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.
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e. 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.
f. 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.
g. 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.
h. 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.
i. 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.
11. 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).
12. 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 perfoiiiled by the Municipality
under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the tern
of this Agreement.
13. 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
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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.
IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first
written above:
CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA
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1 - l'honda...W. Sivarajah, Chair
Name: L , et
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sri Anoka County Ioard
Title: PC\ °ILA n r
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Date: /'- 7 --.1/ ATTES '
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Municipality lerk C rv 14- a- 'e
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County Adminis at
Date: (.-e/ Date: 0 /9 / 1
Aps i es as ts foim . - a let, i*o '-'---- Approved as to foini and legality:
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Assistant County Attorney
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2010 SCORE Funding and Goals
$10,000 Base per municipality and $5.08 per household
Goal based on 175# per person per year
2010 funding is based on receiving an additional spring payment of $411,511. If this spring payment is not
received, the 2010 funding total will be one half the total for each municipality.
Municipality Contract # HH Population Goal 2009 Funding
Andover 2009 -0399 9,705 31,023 2715 $ 59,301.40
Anoka 2009 -0400 7,281 17,849 1562 $ 46,987.48
Bethel 2009 -0401 189 533 47 $ 10,960.12
Blaine 2009 -0402 20,234 56,888 4978 $ 112,788.72
Centerville 2009 -0403 1,307 3,821 334 $ 16,639.56
Circle Pines 2009 -0404 2,067 5,211 456 $ 20,500.36
Columbia Heights 2009 -0405 8,124 18,137 1587 $ 51,269.92
Columbus 2009 -0406 1,425 4,115 360 $ 17,239.00
Coon Rapids 2009 -0407 23,746 63,005 5513 $ 130,629.68
East Bethel 2009 -0408 4,079 12,130 1061 $ 30,721.32
Fridley 2009 -0409 11,238 26,422 2312 $ 67,089.04
Ham Lake 2009 -0410 5,102 15,148 1325 $ 35,918.16
Hilltop 2009 -0411 399 791 69 $ 12,026.92
Lexington 2009 -0412 819 1,976 173 $ 14,160.52
Lino Lakes 2009 -0413 6,052 19,987 1749 $ 40,744.16
Linwood 2009 -0414 1,851 5,416 474 $ 19,403.08
Nowthen 2009 -0415 1,416 4,384 384 $ 17,193.28
Oak Grove 2009 -0416 2,771 8,504 744 $ 24,076.68
Ramsey 2009 -0417 7,849 23,445 2051 $ 49,872.92
St Francis 2009 -0418 2,539 7,404 648 $ 22,898.12
Spring Lake Park 2009 -0419 2,698 6,562 574 $ 23,705.84
Total 120,891 332,751 29,116 $ 824,126.28
Population and Household count based on Metropolitan Council Estimate released in July of 2009.
Total SCORE allocation is $823, 023, $1103.28 has been added to round up to $5.08 per HH.
•
Anoka County Contract No. 2010 -0320A
AMENDMENT NO. 1
TO AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AMENDMENT is made this first day of July, 2011, the date of the signature of the
parties notwithstanding, by and between the County of Anoka, a political subdivision of the State
of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the
"County," and CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "Municipality."
WITNESSETH:
WHEREAS, the County wishes to amend its Agreement with the Municipality for SCORE
funds dated January 1, 2011; and
WHEREAS, the County has received an additional $107,148.06 in SCORE funds and
other similar grant funding; and
WHEREAS, Paragraph 10. GENERAL PROVISIONS of said Agreement provides that
any amendments, alterations, variations, modifications, or waivers of this Agreement shall be
valid only when they have been reduced in writing, duly signed by the parties.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated or
contained in the Agreement, the parties do hereby agree as follows:
1. The parties agree to change Paragraph 4. PROGRAM, as follows:
1. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal
of 1,607 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,
2011, a plan acceptable to County that is designed to achieve the
recycling goals set forth in this Agreement.
c. In order to receive additional funding the Municipality shall make recycling
center improvements to include new signage, fencing, access platform,
surface drainage, and security camera.
The Municipality shall perform these additional duties in accord with the
grant application attached Exhibit 1A.
2. The parties agree to change Paragraph 7. ELIGIBILITY FOR FUNDS, as
follows:
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 $51,546.35. 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. $5.05 per household for recycling activities only.
Notwithstanding any provision to the contrary, the County reserves the right to
reduce the funding provided hereunder in the event insufficient SCORE funds are available. If
the spring SCORE payment of $413,023 is not received or is reduced, the County may reduce
the project maximum amount payable to the Municipality. The County will promptly notify the
Municipality in the event that the project maximum will be reduced.
The Municipality is also entitled to receive additional reimbursement for eligible
expenses, Tess matching funds if required, for eligible activities as described in paragraph 4.c.
up to the project maximum for additional funds, which shall not exceed $14,600.00, not
including the Municipality match of $1,150.00 for a total project cost of $15,750.00.
3. This Amendment is hereby made a part of and shall be amended to the
Agreement of the parties.
4. All other terms and conditions of the original Agreement shall remain in full
force and effect.
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IN WITNESS WHEREOF, the parties have signed this Amendment on the dates written
below.
CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA
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// '" G�' � ll /, Ronda of h, Chair
Name: �� �c' r Anoka County my Board of Commissioners
Title: ( et Date: / 1 4°' t I
Date. /'/
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By ...........- .., All
: ..:rt'+i ' l ._..., . � __ a erry S ma
unicipality's Clerk County Administrator
Date: //7/ ��
Date: a . g-. 6i(
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Approved as to form and legality:
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X0 )(By) 4O.c� r €(c. h t5
2011 RECYCLING ENHANCEMENT GRANT
Application Form
Application Due — 4:30 PM, Tuesday, May 31, 2011.
(Grant applications must be submitted using this form — All sections must be completed)
E -mail Signed Copy to: carolyn .smith @co.anoka.mn.us RECEVED
Or Mail Signed Copy to: Carolyn Smith NOV 1 8 2011
Integrated Waste Management Department PUBLIC WORKS
2100 Third Ave., Suite 340
Anoka, MN 55303
763.323.5735
Applicant Information:
Name of Entity: City of Columbia Heights
Contact Person: Jesse Davies Title: Administrative Assistant - Public Works
Address: 637 38 Ave
City, State, Zip: Columbia Heights, MN 55421
Phone: 763 - 706 -3706 E -mail: jesse. davies @ci.columbia- heights.mn.us
Project Title: CH Recycling Center Improvements
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Grant Request: $14 600 Matching Funds: $1,150 Total Project Cost: $15,750
Authorizing Signature: The signature of a person who has the authority to enter into a contract with
Anoka County on behalf of your municipality (e.g., City Manager, Administrator, etc.).
Name (Printed) Walt Fehst Title: City Manager
Signature: :,. > ; '. 4L
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1. Project Description:
Provide a brief, one page or less, project description. The project description should address:
• project scope and design;
• expected outcomes;
• current relevant practices and what practices will be changed during the project;
• key individuals participating in project activities, including any project collaborators;
• overall project timeline; and
• why project is compelling and worthy of funding.