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HomeMy WebLinkAboutContract No. 2015-2641Anoka County Contract # C0003917 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2015, 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, the County will receive $1,051,986.00 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") and $253,916.27 in funding pursuant to Minn. Stat. § 473.8441 (hereinafter "LRDG funds ") during 2015; and WHEREAS, pursuant to new legislation, a portion of the SCORE funds must be used to encourage recycling of source - separated compostable materials, and Anoka County has determined that the minimum amount for this new program is $116,810.50; and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs; 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 and LRDG 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: 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, 2015 through December 31, 2015, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subd. 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. � f. Refuse derived fuel or other material that is destroyed by incineration isnot a recyclable material. g. "Yard waste" shall have the meaning set forth iOMinn. St8LQ115/\O3.SUbd.38. h. "8Ou[Ce-S8p3 rated C0nlDO8[8bkeS" (commonly called ^ongoDiCG^) shall have the FO88OiDg set forth in Minn. 8t8[ § 115A.03, SUbd. 32a. i. "Quasi-Municipal Event" rneaDS community festivals which appear to the public to be supported and run by the Municipality but in fact are sponsored or co- sponsored by an independent non-profit 501c(3) organization, for example: the Anoka Halloween Parade. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of1'826 tons Of recyclable n13t8ha|S as established by the County. The Municipality shall eDsVP8 that the recyclable On8t8h8\GC0||eC[ed8r8d8{ivHr8dk}pF0CeSsOnGO[eOdnl8rhet8fVr recycling. 8. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) inthe Municipality shall have the opportunity k] recycle 8t least four broad types Ofmaterials, Such as paper (including C8ndbO@nd/p8perb08nd C3rtnDS), g\8SS' pl8StiC, metal and textiles. ii. The recycling pP0g[3On shall be operated in compliance with all applicable federal, St3ie. and |008\ {8wS' ordinances, rules and regulations. iii. The Municipality shall implement public iOfO[Dl3U0D pPOgr8nO that contains 8t least the following components: (G) One promotion iStObe mailed tO each household focused exclusively on the Municipality's recycling program; (b\ One promotion advertising recycling opportunities 8V3i|ab|8 for � residents i8 to be iDC|Ud8d in the Municipality's newsletter O[local newspaper; and (C) Two community outreach activities at municipal events to inform residents about recycling opportunities. iv. The public information components listed above shall focus ODall recyclable Dl@t8[i8|s and the v3[i0US opportunities to recycle within the Municipality. The Municipality shall iOCn[pOrat8SVVMCB Rethink Recycling images and use the toO|kitS provided when preparing p[omOdpO8| Dl8t8[ia|S. The Municipality, OO an ongoing b8SiS' shall identify new residents and provide detailed iOfO[08tiOD on the recycling opportunities available k}these new residents. V. The Municipality shall regularly attend the monthly Solid Waste Abatement Advisory Team meetings per year. vi. The Municipality shall offer one O[ two spring and fall c|H8D-Vp/n9CyC|iOg drop-off 8YeDt/S\where ih3DlS not normally accepted at the CU[b are CO||8Ct8d for recycling. |fthe Municipality is hosting 8 Monthly drop off 8s described in 4.b.i below, the spring/fall clean-up/recycling drop-off events may be included within that program. b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. i. Organize monthly (at least 8 during the course Of the year) recycling drop offs which can be held in conjunction with 8 neighboring municipality on a cooperative basis for the citizens Of both Municipalities. 2 ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipality sponsored or Quasi - Municipal events and festivals. The feasibility of adding organics collection at the event may also be explored and added to the event as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at municipal parks. iv. Organize and manage a Full Service Recycling Drop -off Center. V. Develop enhanced recycling promotion and assistance for multi- units. vi. Develop additional opportunities for Source - Separated Compostables /Organics collection. C. 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 work with the County to prepare a plan to achieve the recycling goals set forth in this Agreement. d. The Municipality's recycling program shall be limited to residential programming for funding reimbursements under this Agreement. The County will not reimburse business recycling programming or household hazardous waste programming by the Municipality. Any inquiries of requests regarding these topics should be sent to the County for response. 5. REPORTING. The Municipality shall submit the following reports semi - annually to the County no later than July 20, 2015 and January 10, 2016: 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 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 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 land spreading, 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 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. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2015 and January 10, 2016. Costs not billed by January 10, 2016 will not be eligible for 3 funding. The invoices shall be paid iD accordance with standard County procedures, subject kJ the approval Of the Anoka County Board OfCommissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues Or other reimbursement received, for | |b|88ctiviti88 Upto the project rO8Xi[Ou[O8ScODlpuh9dbe|Ovv,VvhiChShGUDqt exceed $93,385.00. The project maximum for eligible expenses shall be computed as follows: a. Ab8Se amount Of$1O,O00.O0 for recycling activities only; b� $5.00 per household for recycling activities only; as provided according to the schedule iO Attachment A for each 0f the following services: Full Service Recycling Drop-off Center, Spring/Fall or K8OOth|y Drop-off events; K8UOiCip8| Park Recycling; Community Event Recycling; Multi-unit Recycling; and Source- Separated CorOpOStab|eS CO||e[JiVD; C. After considering the 2015 Municipal Funding Request (Attachment B)` designating the additional Grant Projects th3ttheCih/Vvi||uOdO[tak8i0th8 upcoming year; and d, Including 8O additional change order contingency OfUpk}10%Ofthe total Ofthe first four items in this list. Notwithstanding any provision to the contrary, the County reserves the right b] [8dUC8 the funding provided hereunder in the event the Municipality does not undertake and complete the additional Grant Projects [8f8[8OC8diD/Ut@Ch[OeOtB. The County also reserves the ability to assess the programs and reallocate unused SCORE and LRDG funds mid-year if any participating Municipality demonstrates the need for the funding and funds are available. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with [eqUin3Dl8Dt8 of the County and the State of Minnesota. The Municipality 3h@|| maintain strict accountability 0f3|| funds and nn8\Dt8in neCOndS of all receipts and disbursements. Such records and accounts shall bS maintained inGform 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. 8t8t. §115A.557'SUbd.2.for residential solid vV8St8 recycling purposes. The Municipality shall also maintain [8C0RjG Of the quantities Of materials recycled. All records and accounts shall be retained 8S provided by law, but in no event for 8 period Vf less than five /5\ years from the last receipt Of payment from the County pursuant tO this Agreement. 9. AUDIT. Pursuant tOMinn. StGL§18C.O5, the Municipality shall allow the County o[ other persons O[ agencies authorized bvthe County, and the State OfMinnesota, including the Legislative Auditor or the State Auditor, 8CceSS 0D the nBCOrdS of the MUOicip3|itv8ƒ reasonable hours, including all books, records, doCUnOeDtS.and 8CCOuOUDg'procedures and practices Of the Municipality relevant tO the subject matter Of the Agreement, for purposes 0faudit. |D addition, the County shall have access t0the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. G. In performing the prOVSiODS of this AoneenOerk' both parties agree to CODlpk/ with all applicable federal, state or local laws, ordinances, rules, regulations or F41 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. 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 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. 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. 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. 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)." The Municipality shall provide copies of all promotional materials funded by SCORE funds. The County shall provide all printed public information pieces about County programs. A Municipality shall not modify County publications related to business recycling, household hazardous waste management or the County compost sites. 5 Information about the County's business recycling program, household hazardous waste management program or County compost sites that a Municipality plans to publish in a K8UOiCip8| QOnOnOUOiC@tiOD. printed or electronic, shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and C003iSteD:y. 12, INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality h8rOheSS from all Clair0S. d8Ol@Dd8, and C8VS8S of action of any kind or character, including the cost Ofdefense UlBneO[ n3Su1UDg 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 Oy any kind O[ character, including the cost 0f defense thereof, PBsU|UDg from the 8CtS Or ODliSGiOOS of its public OffiCi8|S. OffiC8FS. agents, employees, and COntc@StO[B 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. 13. TERMINATION. This Agreement may be terminated bv mutual written agreement Ofthe parties Orby either party, with Or without cause, bv giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of Le[Dl|O8U0D. If this Agreement is terminated, 8SBHtS acquired in vVhO|e 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. the remainder of this page left intentionally blank N IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: Date: Approved as to form and legality: Date: COUNTY OF ANOK Rhonda Sivarajah, Chair Anoka County Board of Commissioners Date: 1 lei' ':- zierry soma County Administrator Date: Approved as to form and legality: kmt \waste \recycling -SCORE contracts\2015 contracts \Columbia Heights C0003917 7 2015 Municipal Funding Request Attachment B The City of Columbia Heights is requesting the following funding for their municipal efforts in 2015. Grant Projects Eligible Allocations Amount Requested Municipal Grant Funding Allocation $50,275.00 $50,275.00 Full Service Drop -off Center Allocation $30,000.00 0 (Staffed recycling center, open a minimum of 3 days per week, collecting mattresses, traditional recyclables, scrap metal, carpet, etc. Monthly Drop -off Event (at least 8 months) $15,000.00 $15,000 Municipal Park /Community Event Recycling $6,000.00 $6,000 Multi -Unit /Curbside Recycling $6,000.00 $6,000 Recycling Enhancement Grant (Additional promotion efforts, multi- units,) Insert a description of the efforts being proposed below. $8,055.00 $8,055 Source - Separated Compostables /Organics $8,055.00 $8,055 Grant Total Amount Eligible Being Requested for 2015 $93,385.00 $93,385.00 A description of the efforts being proposed for the additional funding requests. • The City of Columbia Heights plans to mail an additional Citywide recycling promotion this year for a total of two, and will have a recycling article in each City newsletter. • Households will be offered the 90 gal recycling cart for the same flat rate as the 60 gal. • Apartment owners /managers will receive a direct mailed packet of information concerning the City's full service refuse program and recycling promotions, plus this year all residential rental property owners /managers will receive the packet as well. New resident packets have this information included for new homeowners. • The City will continue apartment manager outreach to improve recycling in their buildings. This program consists of onsite meetings with managers where they are offered a packet with multi- dwelling checklists, promotion materials in several languages, apartment recycling baskets, and increased recycling service with no increase in charges to the building. • All Parks, City Jamboree, and City facilities will have recycling containers and are not charged for recycling service. • In an effort to reduce improperly discarded electronics, the City will subsidize electronics curbside collection. Households will continue to be offered one "free" appliance /year collected on the curb. • The City will participate in a multicity recycling day with Fridley, Spring Lake Park, and Hilltop. The City's recycling center will continue to be staffed and open on Saturdays. • This year the City is offering organics drop -off at the recycling center and households are provided free `starter' kit consisting of a kitchen basket, household pail, and proper bags. • The City will also explore different curbside organics collection programs and best practices that could work for future implementation of citywide comingled yard waste /organics collection services. The City may conduct a pilot project depending on available grants and commercial composter options. The City of Columbia Heights requests * $93,385 for 2015 Municipal Funding. Date 4 February 2015 =114ita Title Admin Assistant *these amounts should match and may not exceed eligible allocation total. This amount will be 90% of the contract maximum for the grant.