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HomeMy WebLinkAbout2023-4182Page 1 of 7 Agreement for Collections of Lamps Issued To City of Columbia Heights Lamp Recycling Effective as of January 1, 2024 Slipstream Group, Inc. CONTRACT #2023-4182 Page 2 of 7 AGREEMENT FOR COLLECTIONS OF FLUORESCENT AND HIGH INTENSITY DISCHARGE LAMPS BETWEEN SLIPSTREAM GROUP, INC. AND CITY OF COLUMBIA HEIGHTS THIS AGREEMENT (“Agreement”) is between Slipstream Group, Inc. (“Slipstream”) and City of Columbia Heights (the “Recycler”), a CITY of the State of Minnesota. WHEREAS, Slipstream has contracted with Xcel Energy Services Inc. (“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. § 216B.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 WHEREAS, 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, Slipstream and the Recycler desire to enter into an Agreement whereby Slipstream 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 of the terms and conditions stated in the Agreement, Slipstream and the Recycler agree as follows: 1. Lamp collection and recycling. On behalf of Slipstream and Xcel Energy and as part of the Recycler’s HHW 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 Slipstream 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 Page 3 of 7 d. Completion and prompt submittal to Slipstream 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 Recycler shall also provide on at least a quarterly basis and in a form acceptable to Slipstream (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 Slipstream will pay is 100%. e. The total amount to be reimbursed to the Recycler. This documentation shall be provided to the Slipstream designated representative on at least a quarterly basis, or as available. Slipstream 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. Slipstream 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 Slipstream’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. Slipstream shall make no further payments to the Recycler, except that Slipstream 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, following each year of this Agreement. Invoices received after this date will not be eligible for reimbursement. Page 4 of 7 3. Reimbursement Payments by Slipstream. Slipstream shall reimburse the Recycler for costs associated with the collection and recycling of lamps as follows: a. Within thirty (30) days following receipt of complete, timely and accurate documentation listed in Section 2 of this Agreement, Slipstream 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. Slipstream shall not reimburse the Recycler for promotional expense above and beyond Slipstream’s planned and coordinated promotions. c. To be considered for reimbursement, all prior year invoices must be submitted on or April 1, following each year of this Agreement. Invoices received after this date will not be eligible for reimbursement. 4. Auditing. Within sixty (60) days of receipt of documentation listed in Section 2, Slipstream 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 Slipstream auditors, during normal business hours. The Slipstream and Xcel Energy records and documents that are relevant to this Agreement or transaction shall be subject to examination by Slipstream, 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 6. Recycler’s Obligation Defined by Agreement. Slipstream 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 January 1, 2024, until December 31, 2026, regardless of the date of signatures. At the option of Slipstream 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. This three-year Scope of Work and Agreement is subject to change or withdrawal dependent on updates to program filings/guidelines and legislation. 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