HomeMy WebLinkAbout2020-140 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 20-140
ACCEPTING 2021 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 $10,000.00 base allocation and
$5.00 per household totaling $45,175.00; and
WHEREAS, The City of Lino Lakes is eligible for additional enhancement grant funding for
monthly drop-off events, Parks recycling, promotional materials, and the organics drop-off
program, amounting to $37,922.46; and
WHEREAS, Anoka County Agreement No. C0008094 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.
C0008094, Agreement for Residential Recycling Program on behalf of the city.
Adopted by the Council of the City of Lino Lakes this 23rd day of November, 2020
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Ruhland and was duly seconded by Councilmember Lyden and upon vote being taken
thereon, the following voted in favor thereof:
Ruhland, Lyden, Cavegn, Stoesz, Rafferty
The following voted against same: None
ATTEST:
R aff' stL f L�
erty, M yor
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator
MEETING DATE: November 23, 2020
TOPIC: Consideration of Resolution 20-140, Accepting 2021 Anoka
County Recycling 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 recycling program. The basic SCORE Grant includes a fixed base of
$10,000.00 for each municipality and extra $5.00 per household, or $45,175.00.
In addition, targeted program funds are available for specific program areas, such as drop-off
events, Park recycling, promotional materials, and the Organics drop-off program.
Enhancement funds are available to the City of Lino Lakes this year for the following program
areas:
Monthly Drop-off events -
Supplemental Grant -
Enhancement Grant -
Organics -
$15,000.00
$8,852.46
$7,035.00
$7,035.00
With this, the City has available for 2021; Base + Enhancement Funds = $83,097.46.
RECOMMENDATION
Approve Resolution No. 20-140, Approving Anoka County Contract No. C0008094, 2021
Agreement for Residential Recycling Program.
ATTACHMENTS
1. Resolution No. 20-140
2. 2021 Funding Available for Municipal Waste Abatement Programs
3. Anoka County Contract # C0008094 — 2021 Agreement for Residential Recycling Program
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2021 Anoka County Municipal Waste Abatement Grant Funding Award Letter
The Municipality of Lino Lakes is eligible for a total of $74,245.00 for their Municipal program abatement
efforts in 2021, plus if awarded upon request up to an additional $20,000.00.
The total funding for the 2021 Residential Recycling Program is based on the budgeted amounts stated
in the Municipal Waste Abatement Grant Funding Application.
Check one below:
x (09-29-2020) The grant application was received on or before September 30, 2020.
The grant application was not received on or before September 30, 2020.
Therefore, the municipality is only eligible for the Base Funding Allocation.
The Grant Funding Award for Lino Lakes is as follows:
Base Funding Allocation
45,175.00
Enhancement Funding Grant
Amount Eligible
Amount Requested
Amount Awarded
Drop-off Grant
$ 15,000.00
$ 15,000.00
$ 15,000.00
General Enhance-
ment Grant
$ 7,035.00
$ 7,035.00
$ 7,035.00
Organics Grant
$ 7,035.00
$ 7,035.00
$ 7,035.00
Additional Grant
$ 20,000.00
$ 8,852.46
$ 8,852.46
TOTAL
$ 37,922.46
Total Funding Award (Base + Enhancement Funding)
83,097.46
To the extent that the Municipality requested funds in excess of the total eligible amount, the excess
amount in any category is denied.
Reviewed by: Jill Curran
Dated: 10/30/2020
Approved by: Alison Peterson Dated: 10/30/2020
Contract # C0008094
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Anoka County Contract # C0008094
2021 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 1st day of January 2021,
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, the County will receive funding from the State of Minnesota pursuant to Minn.
Stat. § 115A.557 (hereinafter "SCORE funds") during 2021 which must be used to encourage and
improve recycling and a portion must be specifically directed to recycling source -separated
compostable materials; and
WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441
(hereinafter "LRDG) funds") during 2021 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 $1,559,067.00.
WHEREAS, the County Solid Waste Management Master Plan 2018 (Master Plan 2018)
and MPCA Metropolitan Solid Waste Management Policy Plan 2016-2036 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 Master Plan 2018 was developed with the participation of a representative
from the Municipality staff, and the Municipality is required to develop and implement programs,
practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd
2a. (b).
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by Anoka County by providing said SCORE, LRDG, and County budgeted program
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 AND CONTRACT DOCUMENTS. 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 current Anoka County Solid Waste Management
Master Plan. The County and the Municipality agree that the information provided in the
recitals above is to be incorporated into the purpose of this agreement.
The Contract Documents include: the Anoka County Municipal Waste Abatement
Grant Funding Application submitted by the Municipality for the current contract year,
and the Grant Funding Award issued by Anoka County for the current contract year.
These documents are incorporated into this agreement by reference and are components
of the entire contract package. The order of precedence of these documents in the event
of inconsistency or ambiguity shall be resolved in the following order: 1) this Agreement
for Residential Recycling Program; 2) Grant Funding Award; and 3) Anoka County
Municipal Waste Abatement Grant Funding Application.
2. TERM. The term of this Agreement is from January 1, 2021 through December 31, 2021
unless earlier terminated as provided herein.
3. DEFINITIONS. Defined terms contained in this Agreement and all the attachments are
found in Minn. Stat. §§ 115A.03; 115A.471; and 115A.552. The use of capitalization for
defined terms has no special effect. For convenience, a full list of defined terms is included
with the Municipal Waste Abatement Grant Funding Application. Additionally:
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, furniture, source -separated compostable materials, electronics, etc.
b. "Multi -family dwellings" means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
c. "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.
4. 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, which shall not exceed $83,097.46.
The County reserves the right to reduce the funding provided in the event the Municipality
does not complete the additional Grant Projects referenced in the Anoka County Municipal
Waste Abatement Grant Funding Application.
The County also reserves the ability to assess the programs and reallocate unused
SCORE and/or, LRDG funds mid -year if any participating municipality demonstrates
the need for the funding and funds are available. The Municipality shall be provided
documentation of the funding award determination and rationale as indicated by the 2021
Grant Funding Award.
5. PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal of 2,334 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 both single and Multi -family dwellings) in the
Municipality shall have the Opportunity to Recycle at least four broad types of
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materials, including but not limited to, paper (including cardboard/paperboard
cartons), glass, plastic and metal.
ii. The recycling (including any organics) 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 promotional mailing to each household focused exclusively on the
Municipality's recycling and source -separated compostable materials
program;
(2) One promotional advertisement detailing recycling and organics opportunities
available for residents 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 and source -separated compostable materials
opportunities.
iv. The public information components listed above shall focus on all recyclable
materials and the various opportunities to recycle and compost source -separated
compostable materials within the Municipality. The Municipality shall incorporate
County/regional/State campaigns and images and use the toolkits provided by the
County 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. The Municipality
shall provide promotional materials to the County for review prior to publication to
ensure accuracy.
v. The Municipality shall regularly attend the bi-monthly Solid Waste Abatement
Advisory Team (SWAAT) meetings per year.
vi. The Municipality shall offer a minimum of one spring and/or fall 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 below, the spring/fall
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 as required by Minn. Stat. § 115A.151. The feasibility of
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adding organics collection at the event will be explored, and if feasible,
implemented 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 as required by Minn. Stat. § 115A.151 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 -family dwellings.
vi. Develop additional opportunities for source -separated compostable materials
collection.
vii. Develop and implement additional opportunities to recycle bulky and problem
materials (e.g. appliances, batteries, carpet pad, electronics, fluorescent lamps,
mattresses, oil, scrap metal, etc.) from residents on an on -going basis either
curbside or at a drop-off.
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 shall be processed at a resource recovery
facility unless the waste has been certified as unprocessible. Minn. Stat. §§
115A.46, 115A.471 and 473.848. See page 44, 47-48, 51, and p. 67 of the 2018
Anoka County Solid Waste Management Master Plan regarding the requirements
for Public Entity Waste.
f. If the Municipality requests reimbursement for park/public entity
recycling/organics/trash waste systems/containers, the Municipality needs to work
with the County before an order is placed to make sure the containers are
consistent with the requirements set forth by the County for colors e.g. (blue for
recycling, green for organics and gray or black for trash), openings and labels.
Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated
by municipal government activities (including city/town halls, public works and
public safety buildings, parks, and libraries, and for municipalities that arrange for
waste services on behalf of their residents (organized collection)) shall be
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delivered to a waste processing plant for disposal as long as capacity is available.
Failure to comply with this provision shall constitute a breach of this Agreement
resulting in the loss of all Grant Funding unless, pursuant to statute, the
Municipality has conferred with the County and developed a plan to comply within
a reasonable period of time.
6. REPORTING. The Municipality shall submit the following reports semi-annually to the
County no later than the third Friday in July 2021 and the second Friday in January 2022.
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 and
source -separated compostable materials collected for composting, chipping, 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, i.e. revenue taken in from the sale of
recyclables and fees collected from residents, shall be reported.
c. Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling and organics collection
programs.
d. The Municipality agrees to support County efforts in obtaining hauler reports by
ensuring compliance through ordinance, contract or license requirements and the
ability to exercise punitive actions, if needed.
e. 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.
7. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices
semi-annually to the County for abatement activities no later than the third Friday in July
2021 and the second Friday in January 2022. The invoices shall be paid in accordance
with standard County procedures, subject to the approval of the Anoka County Board of
Commissioners.
8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of Anoka
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 (Select Committee On
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Recycling and the Environment) funds." The Municipality shall provide copies of all
promotional materials funded by this grant.
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.
9. 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.
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. The Municipality shall also
comply with all relevant portions of the current Anoka County Solid Waste
Management Master Plan and shall participate in the preparation of the successor
Master Plans.
b. If the Municipality utilizes the services of a subcontractor for purposes of meeting
requirements herein, the Municipality shall be responsible for the performance of
all such 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.
c. 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.
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d. 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.
e. 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.
f. 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.
g.
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.
h. 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.
11. 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.
(SIGNATURE PAGE TO FOLLOW)
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Date:
IN WITNESS WHEREOF, the parties hereunto set their hands.
CITY OF LINO LAKES COUNTY OF ANOKA
By: By:
Cindy Cesare, Division Manager
Name: Anoka County Human Services Division
Title: Date:
Date:
By: By:
Municipality's Clerk Rhonda Sivarajah
County Administrator
Date:
Approved as to form and legality: Approved as to form and legality:
By: By:
Date: Assistant County Attorney
Kathryn M. Timm
Date:
kmt\contracts\integrated waste contracts\SCORE grants\C0008094 Lino Lks SCORE 2021