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BETWEEN
WISCONSIN ENERGY CONSERVATION CORPORATION
: ► CITY OF + c HEIGHTS
THIS AGREEMENT CAgreement") is between Vv isconsin Energy Conservation Corporation
( "WECO) and City of Columbia Heights (the "Recycler "), a CITY of the State of Minnesota.
WHEREAS, WECC has contracted with XcelEnergy Services Inc. C 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
WIWREAS, 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 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 ofthe terms and conditions stated in the Agreement, WECC
and the Recycler agree as follows:
1. Lamp collection anc,�re Dina. On behalf of WECC and Xcel Energy and as part of the Recycler's
III3W 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;
c. Arranging collection, storage, transportation, and recycling of lamps; and
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d. Completion and prompt submittal to WECC on at least a quarterly basis of a CFL Recycling
Report, an example of which is attached hereto as Exhibit A.
2. Reimbursement Request for Lamp Collection Activities At the same time that the Recycler submits
its CFL Recycling Report, the Recyoler shall also provide on at least a quarterly basis and in a form acceptable
to WECC (Exhibit B — 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.
Prior year invoices shall be submitted on or before April 1, 2016. Invoices received after this date will not be
eligible for reimbursement.
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3, Reimbursement Payments by WECC. WECC shall reimburse the Recycler for costs associated with
the collection and recycling of lamps as follows:
a. Within thirty (3 0) days following receipt of complete, timely 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.
c. To be considered for reimbursement, all prior year invoices must be submitted on or before April
1, 2016. Invoices received after this date will not lie eligible for reimbursement.
4. Auditing. 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. Reserved
b. Recvcler's Obligation Defined by Agreement. 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 Jury 1 2016, until December 31, 201.6, regardless of
the daze 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 anytime 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 Recycier, or may be submitted by email:
To WECC
Rhonda Pittman
Wisconsin Energy Conservation
Corporation
431 Chatmany Drive
Madison, Wl 53719
To the Rec cY ler:
Jesse Davies
Public Works Department
City of Columbia Heights
537 38 Ave
Columbia Heights ,MN 55421
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:
11.14 �1 •
City of Columbia Heights
By
Name: , Walt Fehst
Title: Cijy M er
Date: 11�/�,�
ACCEPTED:
oxwo
Wisconsin Energy Conservation
Corporation
By
Name: Mary oolsey Schl er
Title: President and CEO
Date:. l t A s
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