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HomeMy WebLinkAbout2016-017 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-17 ACCEPTING 2016 ANOKA COUNTY RECYCLING GRANTS WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on Solid Waste abatement and Recycling; and WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of "SCORE" funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible to receive $10,000 base allocation and $5.00 per household totaling $41,910.00; and WHEREAS, The City of Lino Lakes is eligible for additional enhancement, Monthly Drop - Off, Park Recycling and Community Event recycling totaling $39,764; WHEREAS, Anoka County Agreement No. C0004706, provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C00004706, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this 14th day of March, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council MemberRafferty and upon vote being taken thereon, the following voted in favor thereof: Maher, Rafferty, Manthey, Kusterma The following voted against same: none ATTEST: �J'uli• e Bartell, Ci i Clerk Jeff Reine or CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Marty Asleson, Environmental Coordinator MEETING DATE: March 14, 2016 TOPIC: Consideration of Resolution 16-17, Accepting 2016 Anoka County Recycling and Recycling Enhancement Grants VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes receives Select Committee for Recycling and the Environment (SCORE) funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated from Anoka County are required to enter into a cooperative agreement with the County. This year Anoka County is again offering Enhancement Grants as additional funding available to the City of Lino Lakes. BACKGROUND The City of Lino Lakes receives grant money (SCORE) each year from the county to implement a residential recycle program. The basic SCORE Grant includes a fixed base of $10,000 for each municipality and an additional $5.00 per household, totaling $41,870. In addition, targeted program funds are available for specific program areas and funds may be for problem areas and yard waste/organics. Enhancement funds are available to the City of Lino Lakes this year for the following program areas: Monthly Drop-off events - $15,000 Park and event recycling - $3,000 Curbside and multi -unit recycling - $6,000 Enhancement Grant - $6,374 Organics - $6,374 With this, the City has available for 2016: Base + Enhancement Funds = $78,618. RECOMMENDATION Approve Resolution No. 16-17 Approving Anoka County Contract No. C0004706, Agreement for Residential Recycling Program. ATTACHMENTS 1. Resolution No. 16-17 2. 2015 Funding Available for Municipal Waste Abatement Programs, Attachment A 3. Anoka County Contract C00004706 2016 Funding for Municipal Waste Abatement Programs Attachment A Municipality 2016 Base Funding and Goals i 2016 Additional Enhancement Funds Available Total Funds Available for 2016 Base+ Funds 78,618 Monthly /Quarterly Drop-offGeneral Events Full Service Drop- off center Park and Community Event Recycling Curbside and Multi-Uni Recycling Enhancement Grant $1/HH Organic Grant $1/HH Up to 2,000 households 2,001- 4,999 households 5,000 end up households r Up to 2,000 households 2,001- 4,999 households ouse 5,000 and up households All municipalities ere eligible equally Si municipalities aro eligible equally Base Funding: $10,000+$5.00/HH Goals: 170 PP MF + 195 PP SF Up to holds households 5,000+ households $10,000 $15,000 530,000 81,000 52,000 53,000 52,000 54,000 56,000 Contract Number Total Pop HH $10,000 We $5.00/HH Total Uno Lakes C0004796 21,129 8,374 $ 10,000 5 31,870 $ 41,870 2,049 5.. 15,000 _ $ 3,000 $ 6,000 $ 6,374 $ 6,374 $ 201.6 Total SCORE Allocation: $ 990,178, LRDG 5 275,636 - 585,907 must be spent on organics Total funds available include carryover dollars from previous years, as well as unused budgeted contingencey funds Population and Household Counts are based on 2014 Met Council Estimates Goals are based on 195 pounds/person/year single family home up to 4 units and 170 pounds/person/year multi -units 5 units or more Anoka County Contract # C0004706 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 LINO LAKES, 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: 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. 2. 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. "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 2,049 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: j. (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 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 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. 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, 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 $78,618.00. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; 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 Compostabies 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. a. 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, 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. 1. 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 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 Tess 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. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF LINO LAKES COUNTY OF ANOKA By: By: Rhonda Sivarajah, Chair Name: Anoka County Board of Commissioners Title: Date: Date: By: Jerry Soma By: County Administrator Municipality's Clerk Date: Approved as to form and legality: Date: Approved as to form and legality: By: By: Kathryn M. Timm Assistant County Attorney Date: Date: kmticontracts\integrated waste contracts\SCORE grants120161Lino Lakes -2016 SCORE Agreement -C0004706 2016 Municipal Funding Request Attachment B The City of Lino Lakes is requesting the following funding for their municipal efforts in 2016. Grant Projects Eligible Allocations Amount Requested Municipal Base Funding Allocation $41,870.00 $41,870.00 Full Service Drop-off Center Allocation (Staffed or unstaffed) Monthly/Quarterly Drop-off Events $15,000.00 $ Municipal Park/Community Event Recycling $3,000.00 $ Multi -Unit /Curbside Recycling $6,000.00 $ General Enhancement Grant (Additional promotion efforts, staffing,) Insert a descri tion of the efforts being proposed below. $6,374.00 $ Source -Separated Compostables/Organics Grant $6,374.00 $ Total Amount Eligible Being Requested for 2016 $78,618.00 $" A description of the efforts being proposed for the General Enhancement Grants. The City of Lino Lakes requests * for 2016 Municipal Funding. Date Name Title *these amounts should match and may not exceed eligible allocation total. This amount will be 10% Tess than the contract maximum for the grant.