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HomeMy WebLinkAbout2017-27782017 -2778 Anoka County Contract # C0005390 2017 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2017, 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 funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") during 2017; and WHEREAS, pursuant to legislation a portion of the SCORE funds must be used to encourage recycling of source - separated compostable materials; and WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441 (hereinafter "LRDG funds ") during 2017; and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the available amount for the Residential Recycling Program is $1,536,699; and WHEREAS, the County Solid Waste Master Plan 2012 and MPCA Metropolitan Solid Waste Management Policy Plan 2010 -2030 state that MSW generated in the County that is not reused, recycled or composted, will be processed to the extent that processing capacity is available; 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: 1. 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 which will help the County and member municipalities meet the goals set in the 2012 Anoka County Solid Waste Management Master Plan. 2. TERM. The term of this Agreement is from January 1, 2017 through December 31, 2017, 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 compostable materials, electronics, etc. Materials will be accepted at either a discounted rate or at no cost. b. "Mixed municipal solid waste" (MSW) shall have the meaning set forth in Minn. Stat. §115A.03, Subd. 21. c. "Multi -unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. d. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials for residents, including single and multi - family dwellings, as required by Minn. Stat. § 115A.552, Subd. 1. e. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 24a. f. "Public entity waste" shall have the meaning set forth in Minn. Stat. § 115A.471(b). g. "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. h. "Recyclable materials" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 25a. i. "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. j. "Refuse derived fuel" (RDF)as defined by Minn. Stat. § 115A.03, Subd. 25d., or other material that is destroyed by incineration is not a recyclable material. k. "Source- separated compostable materials" (commonly called "organics ") shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 32a. I. "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 1,974 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, including but not limited to, paper (including cardboard /paperboard cartons), glass, plastic, metal and textiles. ii. The recycling (including any organics) program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. K 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) 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 or Quasi - 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. The County shall work with the Municipality on promotional materials to coordinate messages and provide promotional materials for review prior to publication to ensure accuracy. 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 cleanup /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 cleanup /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. Organize monthly /quarterly recycling drop -off events which can be held in conjunction with a 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 Compostable Materials collection. 191 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 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.' Minn. Stat. § §115A.46 and 115A.471. f. If the Municipality enters into a contract for the management of mixed municipal solid waste, the Municipality shall require that all MSW collected under the agreement is processed as long as processing capacity exists. 2 5. REPORTING. The Municipality shall submit the following reports semi - annually to the County no later than July 20, 2017 and January 10, 2018. 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. I See pages 44 -45 of the 2012 Anoka County Solid Waste Management Master Plan regarding the requirements for Public Entity Waste. '- Ibid. 4 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 semi - annually to the County for abatement activities no later than July 20, 2017 and January 10, 2018. Costs not billed by January 10, 2018 may 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 $95,608.00. The project maximum for eligible expenses shall be computed as follows: a. Abase amount of $10,000.00 and $5.00 per household for recycling activities only; b. Enhancement activities 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 /Quarterly Drop -off Events; Municipal Park Recycling; Community Event Recycling; Special Curbside Pickup Events; Multi -unit Recycling; and Organics Collection; c. After considering the 2017 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. For the Municipality's convenience in determining the amounts for the 2017 Municipal Funding Request, a work plan is included with the Packet. (See Attachment C.) 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. 5 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. The Municipality shall also comply with all relevant portions of the 2012 Anoka County Solid Waste Management Master Plan, and shall participate in the preparation of the successor Master Plans. 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. A 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 the 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." 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 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. 17 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF COLUMBIA HEIGHTS wi a —g-g RE W...- Title: I � -y or Da By Date: Approved as to form and legality: By: Date: COUNTY OF ANOKA.� By: onda Sivar jah, Chair Anoka County Board of Commissioners Date: /' B Jerry ma County Administrator u irDate: Z ' ` — / Approved a to form and legality: r By: at m ant County Attorney Date: a G � 7. i kmt\contracts\i nteg rated waste contracts \SCORE grants \2017 \Columbia Heights 0 ) / / } j / } \ { ƒ }( \( { { %(�� ƒ `��( \�k °° (k\\\ }) \ \( }) \ })} }\) \j \/ \ � Im \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ° \\ ,,,,,,,,,,,,,,, „ -,,,, - !! 1} - \\ \\ )) \ 00 \ �/ ) CL \ i ( k/i 8 ) } ) § \k / \ k i/ � � � wI I \} {$\ } \\ \)\ } \2 / }\ {\ }\ } \ \;)\ ) / / } j 2017 Municipal Funding Request Attachment B The City of Columbia Heights is requesting the following funding for their municipal efforts in 2017. Grant Projects Eligible Allocations Amount Requested Municipal Base Funding Allocation $50,705.00 $50,705.00 Full Service Drop -off Center Allocation (Staffed or unstaffed) $0.00 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. $4,071.00 $4,071 Source - Separated Compostables /Organics Grant $8,141.00 $8,141 Total Amount Eligible Being Requested for 2017 $86,917.00 $ *86,917 Please describe the efforts being proposed for each Enhancement Grant requested. • The City will continue to work with a local service club to operate a free weekly drop -off recycling center for area residents and businesses to dispose of curbside recyclables plus hard to dispose of items i.e. scrap metal, oil & filters, tires, fluorescent bulbs, and household batteries. • The City is offering free organics drop -off at the recycling center and households are provided a starter kit consisting of a kitchen basket, household pail, and proper bags. CHHS club compost fundraiser will also be conducted at the center. • In an effort to reduce improperly discarded electronics, the City will subsidize electronics curbside collection whereas residents pay a flat $20 collection fee and the city pays for disposal. Households will continue to be offered one free appliance /year collected on the curb as well as a Christmas tree. • The City will again participate in a multicity recycling day with Fridley, Spring Lake Park, and Hilltop. • All parks, City Jamboree and picnic, plus City facilities will have recycling containers and will not be charged for service. Parks will receive free carts when requested. • The City of Columbia Heights plans to mail two citywide recycling promotions this year and will have a recycling article in each City newsletter. Recycling promotions will also be conducted on cable channel, website, Facebook, utility bills, Public Works news subscribers, at City public picnic & other local gatherings, and by request of any news outlet. • The City will continue apartment manager outreach to improve recycling in their buildings, plus all residential rental property owners /managers will be mailed a promotion as well. Upon request meet onsite with managers where they are offered a packet with multi - dwelling checklists, flyers in several languages, free kitchen recycling baskets, fridge magnets, and larger or additional recycling carts. • 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 ($2.97 /month) as the 60 gal, and multi - dwelling buildings can increase recycling service at the same flat monthly rate ($2.76 x number of dwelling units). • This is RFP year for the City's organized refuse services. The city will research best practices for curbside operations with single sort recycling, organics, and bulk handling for possible implementation in the next refuse contract. The City of Columbia Heights requests U,G It 7 for 2017 Municipal Funding. Date `i 4( 7 Name p`G f-re AdG� �f Title AJAV ( A_ Wrn-1, � *these amounts should match and may not exceed eligible allocation total. This amount will be 10% less than the contract maximum for the grant. 2017 Municipal Funding Request Attachment C The City or Town of Columbia Heights is requesting the following funding for their municipal abatement efforts in 2017. BASE FUNDING REQUESTED Dollar Amount Administration Recycling Coordinator /PW staff 28150 Other Staff City Admin /Finance 41800 212016 Subtotal Office Supplies 2294 Training /Mileage /Dues 1060 Subtotal $ 73,304.00 Curbside Collection Estimated Curbside Collection Contract Costs 283547 Estimated Curbside Collection Revenue 270180 Difference that requires funding 212016 Subtotal $ 13,367.00 Regular Drop -off Expenses Equipment - standard equipment maintenance 2460 Facility costs e.g. electricty, rent, supplies 13784 Service Providers 212016 Labor $ (18,046.00) Estimated revenue 17500 Difference that requires funding Subtotal $ (1,256.00) Promotion Printing 1500 Postage 310 Advertising 212016 Incentive products $ (18,046.00) Contracted performances e.g. Climb, Tricia and the Toonies Subtotal $ 1,810.00 Yard Waste Special Collections: Street leaves disposal 2768 Estimated Curbside Collection Contract Costs 191202 Estimated Curbside Collection Revenue 212016 Difference that requires funding Subtotal $ (18,046.00) Problem Materials Tires Oil Misc illegal dumping appliances /electronics 900 I $ - Subtotal ADDITIONAL ENHANCEMENT FUNDS REQUESTED Special Weekly Drop -off Events Equipment 2460 Service Providers /Collection Costs 5600 Labor - Staff /organizations 13117 Other- Insurance & Bonds 502 Special Monthly Enhancement Subtotal $ 21,679.00 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 3000 Park Recycling Subtotal $ 3,000.00 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 400 Event Recycling Subtotal $ 400.00 Special Curbside Recycling Pickups Collection Costs 5000 Subsidy to resident -- # of items collected x Special Curbside Subtotal $ 5,000.00 Multi -Unit Recycling Outreach Promotion 310 Staff costs 2300 Multi -unit Enhancement Subtotal $ 2,610.00 General Enhancement Costs - could be used for any eligible expense Promotion /Printing /Postage /Advertising 1810 General Intern Costs General Enhancement Subtotal $ 1,810.00 Organics Program 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 2030 Labor - Staff /organizations # of hours 8400 Organics Collection Subtotal $ 11,330.00 TOTAL REQUESTED FUNDS $ 115,008.00 IVIAX bLUKt AUKMVIUM I a V3,000.UU REFUSE FUND DEFICIT $ 19,400.00