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.
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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.
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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
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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
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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.
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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
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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
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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.