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HomeMy WebLinkAbout2016-27102016 -2710 Anoka County Contract # C0004698 2016 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2016, 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 $990,178 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") during 2016; and WHEREAS, pursuant to 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 program is $85,907; and WHEREAS, Anoka County will also receive $275,635.55 in funding pursuant to Minn. Stat. § 471.8441 (hereinafter "LRDG funds ") during 2016; and WHEREAS, Anoka County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the total budget for the Residential Recycling Program is $1,390,178; 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: Q 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. TERM. The term of this Agreement is from January 1, 2016 through December 31, 2016, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Full Service Recycling drop -off center" means centralized permanent drop off center that is open at least two times a week and accepts at least four types of materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, carpet, furniture, source separated compostables, electronics, etc. Materials will be accepted at either a discounted rate or at no cost. 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. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 24a. e. "Public entity waste" as defined by Minn. Stat. § 115A.471 (b). f. "Quasi- Municipal Event" means 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. g. "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. h. "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. i. "Refuse derived fuel" (RDF) or other material that is destroyed by incineration is not a recyclable material. j. "Source separated compostables" (commonly called "organics ") shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 32a. k. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 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 1,894 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 (including cardboard /paperboard cartons), 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 (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 outreach activities at municipal events to inform residents about recycling opportunities. iv. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle within the Municipality. The Municipality shall incorporate SWMCB Rethink Recycling images and use the toolkits provided when preparing promotional materials. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to 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 or two spring and fall clean -up /recycling drop -off event(s) where items not normally accepted at the curb are collected for recycling. If the Municipality is hosting a Monthly drop off as 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 /quarterly recycling drop offs which can be held in conjunction with neighboring municipality(ies) on a cooperative basis for the citizens of both /all Municipalities. ii. Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal 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 and quasi - municipal facilities such as athletic fields and public centers. 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 3 business recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sent to the County for response. e. In addition to the above requirements designed to increase residential recycling opportunities, the Municipality shall provide recycling opportunities in all municipal buildings including but not limited to, city offices, public meeting rooms and parks, as required by Minn. Stat. § 115A.151. If items collected through the Municipal recycling program prove to be contaminated or not recyclable, those items shall be treated as public entity waste and must be processed at a resource recovery facility. 5. REPORTING. The Municipality shall submit the following reports semi - annually to the County no later than July 20, 2016 and January 10, 2017: 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. 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, 2016 and January 10, 2017. Costs not billed by January 10, 2017 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 $90,413.00. The project maximum for eligible expenses shall be computed as follows: a. Abase amount of $10,000.00 for recycling activities only; 4 b. $5.00 per household for recycling activities only; as provided according to the schedule in Attachment A for each of the following services: Full Service Recycling Drop -off Center, Spring /Fall or Monthly Drop -off events; Municipal Park Recycling; Community Event Recycling; Multi -unit Recycling; and Source Separated Compostables Collection; c. After considering the 2015 Municipal Funding Request (Attachment B) designating the additional Grant Projects that the City will undertake in the upcoming year; and d. Including an additional change order contingency of up to 10% of the total of the first three items in this list. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event the City does not undertake and complete the additional Grant Projects referenced in Attachment B. 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 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 form 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. 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. 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 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, 5 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. 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)." 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. 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 C:1 Municipal communication, printed or electronic, shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and consistency. 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 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 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 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. The Remainder of this page left intentionally blank. tl above: IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written r WE If, rLmil Name: Gary Peterson Title: Mayor Date: B Walter Fehst COUNTYOF ANOKA By Rhonda Sivarajah, Chair Anoka County Board of Commissioners Date: L�Y -�6 By: 4ewi4afna i m ou4,as y County Administrator City Manager Date: 3 Approved as to form and legality: 0 Date: Date: Approved as to form and legality: By: sa S�eJu(tq Attorney Date: LQ / C V 0 a r C1 E m Q v 3 CL 'u O b0 O LL l0 C) N C�� W a o N w Q vi V N N rV�' m N N N O N N O M M� N N O oa N N °m M r O N N °° rmi N N � m N N °v u"i • tp n N N . }�{ m 0 N N ,°u m 0� N N O E ry v °m o m^ m �O W a a n O Oi t�s w Ea le I IN N jU v C N t p W N C 0 9 T C � - L Q D •'1 O N U n - 0 o` u � o 0 s _ $ o w 8 ° � r + i a o v v I o° v a o � O 0 fu N N N N N N N N N N N N N N N N N N N N N N = o n o o N o n m o o v r o oo a oo °o m C7 C C LL d fC ca lD O = O O O p N C c a m °o N N N N N m p c O 0 0 0 0 0 0 0 N 0 0 0 0 0 0 O o C o O p p O O O 0 0 x x N n v m of °0 I N 0 0 N °m o crvq N - rcO ^ m o m n O T O � o 3 � E o v � E N o 2016 Municipal Funding Request Attachment B The City of Columbia Heights is requesting the following funding for their municipal efforts in 2016. Grant Projects Eligible Allocations Amount Requested Municipal Base Funding Allocation $50,295.00 $50,295.00 Full Service Drop -off Center Allocation (Staffed or unstaffed) Monthly /Quarterly Drop -off Events $15,000.00 $15,000 Municipal Park /Community Event Recycling $3,000.00 $3,000 Multi- Unit /Curbside Recycling $6,000.00 $6,000 General Enhancement Grant (Additional promotion efforts, staffing,) Insert a description of the efforts being proposed below. $8,059.00 $8,059 Source- SeparatedCompostables /Organics Grant $8,059.00 $8,059 Total Amount Eligible Being Requested for 2016 $90,413.00 $ *90,413 A description of the efforts being proposed for the General Enhancement Grants. • 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. Recycling promotions will also be conducted on cable channel, website, Facebook, PW email subscribers, at City public picnic, and when requested at other various local group gatherings. • New homeowner packets have refuse /recycling information included for new homeowners, plus this year all residential rental property owners /managers will be mailed a packet as well. • The City will continue apartment manager outreach to improve recycling in their buildings. Owners /managers will receive a direct mailed packet of information concerning the City's full service refuse program and recycling promotions. Upon request meet onsite with managers where they are offered a packet with multi - dwelling checklists, promotion materials in several languages, and apartment recycling baskets. • All residential properties and apartment buildings will have single sort recycling containers. Households will be offered the 90 gal recycling cart for the same flat rate as the 60 gal and apartment buildings can increase recycling service with no increase in charges to the building. • All Parks, City Jamboree, and City facilities will have recycling containers and will not be charged for 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 at least once /week and accept items not recycled at the curb. • 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 may conduct a curbside pilot project depending on available grants and commercial composter options. • The City will also explore different curbside bulk (furniture, mattresses, other household goods) collection programs and best practices that could work for future implementation of citywide bulk recycling services. The City of Columbia Heights requests *$90,413 for 2016 Municipal Funding. Date �/ C Name D Title G�� ;lt 21I,111 K7 *these amounts should match and may not exceed eligible allocation total. This amount will be 10% less than the contract maximum for the grant. 2016 Municipal Funding Request Attachment C The City or Town of Columbia Heights is requesting the following funding for their municipal abatement efforts in 2016. BASE FUNDING REQUESTED IDollar Amount Administration PW Recycling Personnel 29116 Admin /Finance /Utility Billing 40449 Difference that requires funding - 188100 Office Supplies 2814 Training /Mileage /Dues 1060 Subtotal $ 73,439.00 Curbside Collection Estimated Curbside Collection Contract Costs 275288 Estimated Curbside Collection Revenue - 271500 Difference that requires funding - 188100 Subtotal I $ 3,788.00 Regular Drop -off Expenses Equipment - standard equipment maintenance 640 Facility costs e.g. electricty, rent, supplies 13991 Service Providers - 188100 Labor Estimated revenue -19900 Difference that requires funding $ 640.00 Subtotal $ (5,909.00) Promotion Printing 640 Postage 185633 Advertising - 188100 Incentive products Contracted performances e.g. Climb, Tricia and the Toonies $ (2,467.00) Subtotal $ 640.00 Yard Waste Special Collections Estimated Curbside Collection Contract Costs 185633 Estimated Curbside Collection Revenue - 188100 Difference that requires funding Subtotal $ (2,467.00) Problem Materials Tires Oil 305 Subtotal $ 305.00 ADDITIONAL ENHANCEMENT FUNDS REQUESTED Special Weekly Drop -off Events Equipment 5115 Service Providers /Collection Costs 1400 Labor - Staff /organizations_ 10717 Other Special Monthly Enhancement Subtotal $ 17,232.00 Full Service Drop -off Center Equipment Service Providers /Collection Costs Labor - Staff /organizations Full Service Drop -off Enhancement Subtotal $ - Park Recycling -- Recycling Containers Price /container -- Recycling Bags Service Providers /Collection Costs Labor - Staff costs needed for collection 4500 Park Recycling Subtotal $ 4,500.00 Event Recycling - Please list any organics costs in organics section. -- Recycling Containers Price /container -- Recycling Bags Service Providers /Collection Costs Labor - Staff costs needed for collection 500 Event Recycling Subtotal $ 500.00 Special Curbside Recycling Pickups Collection Costs 3800 Subsidy to resident -- # of items collected x Special Curbside Subtotal $ 3,800.00 Multi -Unit Recycling Outreach Equipment /Promotion 600 Staff costs 4000 Multi -unit Enhancement Subtotal $ 4,600.00 General Enhancement Costs - could be used for any eligible expense Promotion /Printing /Postage /Advertising 3000 90 gal carts for HHs /city parks, facilities, and events recycling /MultiCity /Misc 5068 General Enhancement Subtotal $ 8,068.00 Organics Collection Costs Equipment -- Organics Containers /Starter Kits Price /container 900 -- Compostable Bags -- Compostable Serving Ware - cups /bowls /utensils -- Container rental /month x Service Providers /Collection Costs 2300 Labor - Staff /organizations # of hours 5000 Organics Collection Subtotal $ 8,200.00 TOTAL REQUESTED FUNDS Is 116,696.00