HomeMy WebLinkAbout2014-014 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 14-14
WHEREAS, The City of Lino Lakes has entered into 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; and
WHEREAS, The City of Lino Lakes is eligible for additional enhancement , Monthly Drop -
Off, Park Recycling, and Community Event recycling totaling $33,323; and
WHEREAS, Anoka County Agreement No. 2013-0348 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.
2013-0348, Agreement for Residential Recycling Program on behalf of the city.
Adopted by the Council of the City of Lino Lakes this 10th day of February, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Roeser and was duly seconded by Council Member Kusterman and upon
vote being taken thereon, the followin voted in favor thereof:
Roeser, Kusterman, Rafferty, Stoesz,
The following voted against same:
none
ATTEST:
rme Bartell, City Clerk
Jeff Reinev% Mayor
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
CITY COUNCIL
AGENDA ITEM 6B
Marty Asleson
March 25, 2014
Consideration of Resolution No. 14-14 Approving
Anoka County Agreement for Residential Recycling
Program and Enhancement Grant
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 offering Enhancement Grants as additional funding available to the City of Lino Lakes.
BACKGROUND
Under the terms of the agreement, the City is eligible to receive reimbursement for
recycling activity costs incurred based on the following allocation: $10,000 plus $5.00 per
household for recycling activities. These dollars will be provided according to the
eligibility schedule in Attachment 2 for each of the following services: spring/fall or
monthly drop-off events; municipal park recycling; community event recycling; and
enhancement grants. The enhancement grant dollars can be used for equipment, part time
help, advertising, additional recycling opportunities and expansion. An additional
Enhancement Recycling Grant can be used for promotion efforts, multi -units, and
organics program. Staff is proposing to accept the base grant of $41,615 and
enhancement grants to provide for: $15,000 for monthly drop-off, $6,000 for municipal
park recycling; and $6,000 for community event recycling. Further recommend accepting
an additional $6,275 for community enhancement recycling. The total grant request to
Anoka County for Recycling in 2014 is $74,938.
RECOMMENDATION
Approve Resolution No. 14-14 Approving Anoka County Contract No. 2013-0348
Agreement for Residential Recycling Program.
ATTACHMENTS
1. Resolution No. 14-14
2. Anoka County Agreement for Residential Recycling Program
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Anoka County Contract # 2013-0348
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 1st day of January, 2014,
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 $818,365 in funding from the State of Minnesota
pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds") and $270,984 in funding
pursuant to Minn. Stat. § 473.8441 (hereinafter "LRDG funds ") during 2014 and
WHEREAS, Anoka County also has additional budgeted program funding available to
supplement SCORE and LRDG funds for solid waste recycling programs; 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, 2014 through December 31,
2014, unless earlier terminated as provided herein.
3. DEFINITIONS.
a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03,
subdivision 24a.
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. "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.
e. "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.
f. Refuse derived fuel or other material that is destroyed by incineration is not a
recyclable material.
g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision
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 1,819
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,
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) One -promotion advertising_r_ecy_cling 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.
The public information components listed above shall focus on all recyclable
materials and the various opportunities to recycle within the Municipality.
iv. 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.
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 either 1) spring and fall clean-up/recycling drop-off events, or 2)
monthly (at least 8 during the course of the year) recycling drop offs which can
be held in conjunction with a neighboring municipality on a cooperative basis for
the citizens of both Municipalities.
ii. Provide a community event recycling program, which at a minimum would consist
of providing recycling opportunities at all Municipal sponsored 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
parks.
iv. Organize and manage a Full Service Recycling Drop-off Center.
v. Develop enhanced recycling promotion and assistance for multi -units.
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.
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5. REPORTING, The Municipality shall submit the following reports semiannually to the
County no later than July 20, 2014 and January 20, 2015:
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, 2014
and January 20, 2015. Costs not billed by January 20, 2015 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 $74,938. The
project maximum for eligible expenses shall be computed as follows:
a. A base amount of $10,000.00 for recycling activities only; and
b. $5.00 per household for recycling activities only; and
c. 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; and Multi -unit
Recycling; and
d. After considering the 2014 Municipal Funding Request (Attachment B)
designating the additional Grant Projects that the City will undertake in the
upcoming year; and
e. Including an additional change order contingency of up to 10% of the total of the
first four items in this list.
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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.
8. RECORDS. The Municipality shall maintain financial and other records and accounts in
accordancewith 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 &
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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.
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).
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
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said assets are used by the Municipality for the purpose of a landfill abatement program
approved by the County.
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:
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Date:
Approved as to form and legality:
Assistant County Attorney
2014 Municipal Funding Request
Attachment B
The City of Lino Lakes is requesting the following funding for their municipal efforts in 2014.
Grant Projects
Eligible Allocations
Amount Requested
Municipal Grant Funding Allocation
$41,615
$41,615
Full Service Drop-off Center Allocation
(Staffed recycling center, open a minimum of 3 days per
week, collecting mattresses, traditional recyclables, scrap
metal, carpet, etc.)
$30,000.00
Monthly Drop-off Center (at least 8 per year)
$15,000
$
Municipal Park/Community Event Recycling
$6,000
$
Multi -Unit /Curbside Recycling
$6,000
$
Recycling Enhancement Grant
(Additional promotion efforts, multi -units, organics program)
Insert a description of the efforts being proposed below.
$6,323
$
Total Amount Eligible Being Requested for 2014
$74,938
$
A description of the efforts being proposed for the Recycling Enhancement Grant.
The City of Lino Lakes requests * for 2014 Municipal Funding.
Date
Name
Title
*these amounts should match and may not exceed eligible allocation total. This amount will be
10% less than the contract maximum for the grant.