HomeMy WebLinkAboutContract No. 2013 2480 Wisconsin Energy r
Conservation Corporation
Agreementfor t;oiiections of
Lamps
Issued To
City lu i eights
Lamp Recycling
Effective as of January 19 2013
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AGREEMENT FOR COLLECTIONS
OF FLUORESCENT AND HIGH INTENSITY DISCHARGE LAMPS
BETWEEN
WISCONSIN ENERGY CONSERVATION CORPORATION
AND CITY OF COLUMBIA HEIGHTS
THIS AGREEMENT ("Agreement") is between Wisconsin Energy Conservation Corporation
("WECC") and City of Columbia Heights (the "Recycler"), a CITY of the State of Minnesota.
WHEREAS, WECC has contracted with Xcel Energy Services Inc. ("Xcel Energy") to
administer a lamp recycling program; and
WHEREAS,the Minnesota Legislature has enacted Minn. Stat. § 115A.932, which prohibits the
disposal of fluorescent and high intensity discharge (HID) lamps in solid waste, and Minn. Stat. §
21613.241, subd. 5(b), requires Xcel Energy, as a public utility that provides electric service to 200,000
or more customers, to establish, either directly or by contracting with another, a system to collect and
recycle lamps from its residential customers and its small business customers that generate an average of
fewer than ten spent lamps per year; and
WHEREAS, the Recycler has established and currently operates a program for the collection
and management of household hazardous waste (HHW program), including the collection of fluorescent
and HID lamps from Xcel Energy's residential household customers located in the Recycler's area; and
WHEREAS, Recycler's area consists of the City of Columbia Heights; and
WHEREAS,WECC and the Recycler desire to enter into an Agreement whereby WECC will
pay costs incurred by the Recycler for the collection and recycling of fluorescent and HID lamps (lamps)
from Xcel Energy's residential customers as part of Xcel Energy's system to meet its statutory
obligations.
NOW,THEREFORE, in consideration of the terms and conditions stated in the Agreement,
WECC and the Recycler agree as follows:
1. Lamp collection and recycling. On behalf of WECC and Xcel Energy and as part of the
Recycler's HHW program, the Recycler shall collect and recycle lamps in the Recycler's area.
Collection and recycling services will be provided at no cost to Xcel Energy residential customers
generating an average of fewer than ten spent lamps per year. The Recycler shall offer lamp collection
services to such Xcel Energy customers at Recycler's household hazardous waste collection site(s), and
may arrange with local units of government to provide additional sites for collecting lamps. The
Recycler shall be responsible for:
a. Providing to WECC on a monthly basis throughout the program year a description and
schedule of lamp collection events in the Recycler's area for the program year and
updated schedule information throughout the year;
b. Operating and maintaining HHW collection sites;
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c. Arranging collection, storage, transportation, and recycling of lamps; and
d. Completion and prompt submittal to WECC of documentation described in Section 2 of
this Agreement.
2. Reimbursement Request for Lamp Collection Activities. The Recycler shall provide on at
least a quarterly basis and in a form acceptable to WECC (Exhibit A—Lamp Recycling Reporting
Invoice) the following documentation regarding the Recycler's lamp collection and recycling activities:
a. A description of the number and types of lamps collected;
b. Costs of administration, labor, supplies, storage, transportation, and recycling of lamps
from residential households;
c. Proof that collected lamps were recycled;
d. The percentage of the Recycler's lamp collection and reimbursement costs that WECC
will pay is 100%.
e. The total amount to be reimbursed to the Recycler.
This documentation shall be provided to the WECC designated representative on at least
a quarterly basis, or as available.
WECC shall pay to the Recycler the costs incurred by the Recycler for the
collection and recycling of lamps from residents at the percentage defined in 2d.
WECC shall pay to the Recycler the costs incurred by the Recycler for the collecting and
recycling of the following type of lamps: fluorescent tubes, circular, u-bend, compact
fluorescents and high intensity discharge. Ballasts that are not attached to the bulb will
not be reimbursed.
f. The Recycler shall be responsible for its own expenses, including but not limited to
operation and maintenance of collection site(s), and promotional expenses above and
beyond WECC's planned and coordinated promotions.
g. This Agreement is expressly contingent upon Minnesota Department of Commerce's
(DOC) approval of Xcel Energy's request to implement the Program in Xcel Energy's
Minnesota service area as a Conservation Improvement Program (CIP). If such approval
is not given initially, or is subsequently withdrawn, or recovery of program costs through
electrical rates is disallowed by the Minnesota Public Utilities Commission (MPUC), this
Agreement shall be null and void upon notification to the Recycler. WECC shall make
no further payments to the Recycler, except that WECC shall make such payments for
which services have been rendered through the date of the notification.
3. Reimbursement Payments by WECC. WECC shall reimburse the Recycler for costs
associated with the collection and recycling of lamps as follows:
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a. Within thirty(30) days following receipt of complete and accurate documentation listed
in Section 2 of this Agreement, WECC shall reimburse the Recycler the percentage of the
costs incurred by the Recycler for the collection and recycling of lamps as calculated by
Section 2 of this Agreement. For lamps from residential customers, this shall include
reimbursement for costs including administration, labor, supplies, storage, transportation,
and recycling of lamps and costs associated with the Recycler coordination with local
units of government for establishment of additional lamp collection events in the
Recycler's area.
b. WECC shall not reimburse the Recycler for promotional expense above and beyond
WECC's planned and coordinated promotions.
4. Auditinga. Within sixty (60) days of receipt of documentation listed in Section 2, WECC
shall have the right to audit said documentation and request additional 'information. Further, the
Recycler shall maintain adequate supporting records for verification of actual costs paid by the Recycler.
The records shall be in a form that is consistent with generally accepted accounting principles,
consistently applied. During the term of this Agreement and six (6) years following final payment
hereunder, the Recycler shall preserve such records and allow access to them, by WECC auditors,
during normal business hours. The WECC and Xcel Energy records and documents that are relevant to
this Agreement or transaction shall be subject to examination by WECC, the legislative auditor or the
State auditor, during the term of this Agreement and for a period of at least six years following
termination or cancellation of this Agreement, pursuant to the requirements of Minn. Stat. Section
16C.05 Subd. 5, as it may be amended.
5. City Reporting. By March lst of each year, the Recycler shall provide to WECC an annual
report of lamp collection in the Recycler during the previous year, including a description of the
collection and recycling program, the location of collection site(s), and the number and types of lamps
collected and recycled.
6. Recycler's Obligation Defined byAgreement. WECC and the Recycler acknowledge and
agree that the Recycler's obligations to collect and recycle lamps are solely defined by this Agreement
and any applicable law.
Recycler will conduct all lamp collection activities under the Agreement in an economically, socially
and environmentally responsible manner. Recycler further agrees to ensure that its employees, agents
and representatives perform the lamp collection activities in accordance with Xcel Energy's Code of
Conduct, as in effect from time-to-time, which is available upon request.
7. Term. The term of this Agreement is from January 1 2013, until December 31, 2013,
regardless of the date of signatures. At the option of WECC and the Recycler, this Agreement may be
renewed on an annual or biannual basis concurrent with Xcel Energy's statutory obligation to establish a
system to collect and recycle lamps from residential and small business customers or otherwise.
8. Termination. Notwithstanding the terms of this Agreement, WECC may, at its option,
terminate the Agreement in whole or in part at any time by written notice thereof to Recycler, whether
or not Recycler is in default. Recycler may terminate this Agreement, in whole or in part, upon sixty
(60) days prior notification to WECC.
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9. Notice. All information shall be sent by United States mail, postage prepaid, to the following
representatives of WECC and Recycler:
To WECC To the Recycler:
Craig Jordan 2E-, s
Wisconsin Energy Conservation ;i T 1W P//I 7:S
Corporation 3. 112E A)� _
431 Charmany Drive Z-.a—M,91X 1/-1.�/"&117--S �; XIV
Madison,WI 53719
10. Indemnification. Each party agrees that it will be responsible for its own acts and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the
results thereof. The liability of the Recycler shall be governed by the provisions of Minnesota Statutes,
Chapter 466 and other applicable law.
11. Compliance with Laws. The parties agree to abide by all applicable Federal, State or local
laws, statutes, ordinances, rules and regulations now in effect of hereafter adopted pertaining to this
Agreement or the facilities, programs and staff for which each party is responsible. This Agreement
shall be governed by and construed in accordance with the substantive and procedural laws of the State
of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this
Agreement shall be venued in courts located within the State of Minnesota.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
ACCEPTED: ACCEPTED:
RECYCLER WECC
City of Columbia Heights Wisconsin Energy Conservation
Corporation
1 r, �
By: By
Name: Name: Mai y Wools 4y Schlaefer
Title: j`74 Title: Prdi ent an CEO a
Date: Date:
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EXHIBIT A
LAMP RECYCLING REPORTING—INVOICE
Invoice Date:
Invoice#:
Time Period:
To: Remit Payment To:
WECC
431 Charmany Dr
Madison, WI 53719
Attn: Craig Jordan
Disposal Quantity Price Each Total Cost
4' fluorescents and under
Over 4' fluorescents
Compact fluorescents
Circular fluorescents
High Intensity Discharge (HID)
U-Shaped fluorescents
Other
Broken
Transportation
Total Disposal Cost
Administration Cost
Labor Cost
Storage Cost
Supplies
Total Direct Costs
Subtotal
100% of Subtotal per contract
Total Amount Due
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