HomeMy WebLinkAbout6.d. 2020 Community Waste Abatement Grant Agreement
EXECUTIVE SUMMARY
City Council Meeting Date: December 3, 2019
AGENDA ITEM: 2020 Community Waste Abatement
Grant Agreement
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.d.
ATTACHMENTS: Funding Application and 2020 Community
Waste Abatement Grant Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the 2020 Community Waste Abatement
Grant Agreement between Dakota County and the City of Rosemount.
BACKGROUND
The Dakota County Environmental Management Department has established funds to be allocated to the
communities of Dakota County for the purpose of funding a Recycling and Solid Waste Management
Program. The County makes these funds available to the cities to help defray the cost of administering a
solid waste and recycling program.
Based on the estimated population and number of households in Rosemount, the City is prepared to
receive $31,063 for this year’s program. In order to receive these funds, the City must apply for the
funding and must enter into a Community Waste Abatement Grant Agreement with Dakota County.
Attached are a copy of the Funding Application and a copy of the 2020 Community Waste Abatement
Grant Agreement.
RECOMMENDATION
Staff recommends the Council approve the 2020 Community Waste Abatement Grant Agreement
between the City of Rosemount and Dakota County.
Dakota County Contract #C0032199
2020 Grant Agreement Page | 1 of 5
Dakota County Contract #C0032199
COMMUNITY WASTE ABATEMENT
GRANT AGREEMENT
This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County
of Dakota, acting through its Environmental Resources Department (County) and City of Rosemount (Grantee).
WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551);
and
WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste
abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and
WHEREAS; the Dakota County Solid Waste Master Plan (Master Plan) governs all solid waste management in the
County (Minn. Stat. § 115A.46); and
WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the
Master Plan (Minn. Stat. § 115A.46); and
WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste
abatement programs, education, and outreach; and
WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the
Community Waste Abatement Grant Program; and
WHEREAS, funding amounts are established by the County Board each year as part of the Environmental Resources
Department (Department) budget; and
WHEREAS, the Grantee agrees to perform all activities described in this Agreement and Dakota County Waste
Abatement Community Grant Program Exhibits 1 (Guidelines) and 2 (Application)(collectively referred to as the “Exhibits”)
to the satisfaction of the County.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants
contained in this Agreement, the County and the Grantee agree as follows:
AGREEMENT
1. PURPOSE. The purpose of this Agreement is to provide grant funding to eligible municipalities to implement solid
waste abatement activities as described in this Agreement and the Exhibits.
2. ELIGIBILITY. Eligible municipalities include Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove
Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St. Paul.
3. PARTIES. The parties to this Agreement are the County and Grantee, collectively referred to as the “parties”.
4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall be in effect on
January 1, 2020, for the purposes of completing activities identified in Exhibit 2 and shall continue in effect until
December 31, 2020, for the purposes of reimbursement, unless earlier terminated by law or according to the
provisions of this Agreement.
5. GRANTEE OBLIGATIONS. The Grantee shall:
A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master
Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and the Exhibits.
B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1.
C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County
report forms (Exhibit 2) and additional agreed-upon reporting tools provided by the County Liaison.
Dakota County Contract #C0032199
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6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantee may use allocated funds only on eligible items as identified in
Exhibit 1 and completed within the calendar year of this Agreement. Other waste abatement expenses may be eligible
with prior written approval from the County Liaison.
7. FUNDING AMOUNT. Grantees receive performance-based funding in part from a pass-through grant from the State.
Funding amounts are contingent upon available State and County funds, and reflect the funding levels approved by
the County Board as part of the annual budget. Base Funding is allocated for administration, residential
communications, municipal facilities best management verification and employee education, and special collections.
Optional Supplemental Funding is allocated for multifamily recycling, municipal facilities/parks infrastructure, in-person
education, event recycling/organics, and to meet funding gaps in eligible grant categories. The allocated funding for
the Grantee, or the fiscal agent of a legal entity acting on its behalf, shall be in the total amount not to exceed
$31,063.00, as set forth in Exhibit 2.
8. FUNDING MATCH. Grantees shall provide a 25% match of the total reimbursed grant funding amount through a cash
match, in-kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the
grant (i.e., any eligible expenses, whether new or ongoing).
9. FUNDING SOURCE ACKNOWLEDGEMENT. Provide funding source credit on all print materials, written as: Partially
funded by Dakota County.
10. RECORDS. The Grantee shall maintain financial and other records and accounts in accordance with requirements of
the County and the State of Minnesota. The Grantee shall manage funds in a dedicated bank account, 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. 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.
11. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set
forth in this Agreement and the Exhibits on a report form provided by the County. Grantees may request
reimbursement for eligible expenses, less revenues or other funds received, incurred in connection with the
performance of activities in accordance with this Agreement and the Exhibits on a reimbursement form provided by
the County.
Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calendar year and by
January 15 following the grant calendar year. For 2020, reimbursement requests may be submitted at another
established frequency with prior written approval from the County Liaison. The Grantee must certify that the requested
reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that the Grantee has
submitted complete documentation of the actual expenditures for which reimbursement is sought, and that such
expenditures have not been otherwise reimbursed.
Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial
reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary
and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for
reimbursement for each individual municipality. If itemized financial reports or financial statements are unavailable for
salary and benefits, the Grantee shall include a letter from a supervisor with the FTE and salary equivalent for
Grantee personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and
reporting of eligible activities during the reimbursement period.
Reimbursement request payment will not be made for activities with incomplete documentation. Complete
reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be
made to the Grantee within 30 calendar days of approved reimbursement request submissions. No reimbursements
will be made for expenditures incurred prior to the effective date of this Agreement or for reimbursement requests
received after February 15 following the grant calendar year.
12. FAILURE TO PERFORM. Upon review of each Grantee report, the County Liaison will notify the Grantee in writing of
any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of
the County within the terms of this Agreement.
Dakota County Contract #C0032199
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13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve
modifications to the Funding Amount and Application activities as requested by the Grantee, as long as the amount
payable does not exceed the amount allocated in Section 7 and so long as the proposed modifications are consistent
with the Agreement and Exhibits.
14. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased
by the Grantee or by the County and provided to the Grantee to fulfill Grant obligations shall be the sole property of
the Grantee.
15. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and
the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its
officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other
applicable laws govern liability of the County and Grantee. The provisions of this section shall survive the expiration
or termination of this Agreement.
16. AUTHORIZED REPRESENTATIVES: The following named persons are designated as the Authorized
Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they
represent and to consent to modifications, except that the Authorized Representatives shall have only the authority
specifically granted by their respective governing boards. The parties shall provide written notification to each other of
any change to the Authorized Representative. Notice required to be provided pursuant this Agreement shall be
provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a
modification of this Agreement.
TO THE COUNTY
TO THE GRANTEE
Georg T. Fischer, or successor, Director William Droste, or successor
Environmental Resources Department Mayor
14955 Galaxie Avenue
Apple Valley, MN 55124
2875 145th Street West
Rosemount, MN 55068
17. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide
ongoing consultation, a liaison shall be designated by the County and the Grantee. The County and the Grantee shall
keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of
this Agreement, the following persons are the designated liaisons:
COUNTY LIAISON GRANTEE LIAISON
Gena Gerard Tom Schuster
Environmental Specialist Parks Supervisor
952-891-7021 651-322-6005
gena.gerard@co.dakota.mn.us Tom.schuster@ci.rosemount.mn.us
18. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice
or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a
material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination
shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition,
notification to the County or the Grantee regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Termination of this
Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or
failure to adequately perform the terms of this Agreement prior to the effective date of termination.
19. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the
contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota
Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to
allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the
Grantee by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any
services that are provided after written notice of termination for lack of funding. The County will not be assessed any
penalty or damages if the Agreement is terminated due to lack of funding.
Dakota County Contract #C0032199
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20. USE OF CONTRACTORS. The Grantee may engage contractors to perform activities funded pursuant to this
Agreement. However, the Grantee retains primary responsibility to the County for performance of the activities and
the use of such contractors does not relieve the Grantee from any of its obligations under this Agreement. If the
Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the contract for such
services shall include the following provisions:
(1) The contractor must maintain all records and provide all reporting as required by this Agreement.
(2) The contractor must defend, indemnify, and hold harmless and save the County from all claims, suits, demands,
damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the
contracted work, caused in whole or in part by any negligent act or omission of the contractor, including
negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be
liable.
(3) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types
of coverage as set forth in the Insurance Terms, which is attached and incorporated as Exhibit 3, and provide
to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such
insurance coverage.
(4) The contractor must be an independent contractor for the purposes of completing the contracted work.
(5) The contractor must acknowledge that the contract between the Grantee and the contractor does not create
any contractual relationship between County and the contractor.
(6) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions
having jurisdiction over the activities.
(7) The contractor must use County toolkits (i.e., text, content, images) and follow the County’s Waste Abatement
Education and Outreach Style Guide to provide standardized messaging.
21. COMPLIANCE WITH LAWS/STANDARDS. The County and Grantee agree to abide by all federal, state or local
laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to
the facilities, programs and staff for which either party is responsible, including but not limited to MN Statute § 115A,
which requires cities to collect recyclable materials at all facilities under their control, wherever trash is collected, and
to transfer the recyclable materials to a recycler.
22. EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage
resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's
reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events
may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
23. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE
23.1 In General. All remedies available to either party for breach of this Agreement are cumulative and may be
exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such
remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and
are in addition to any other rights and remedies provided by law.
23.2 Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the
waiving party’s Authorized Representative. A waiver is not an amendment to the Contract. The County’s failure to
enforce any provision of this Contract does not waive the provision or the County’s right to enforce it.
24. RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and
practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and
audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds
provided under this Agreement use federal funds these records are also subject to review by the Comptroller General
of the United States and his or her approved representative. Following termination of this Agreement, the parties must
keep these records for at least six years or longer if any audit-in-progress needs a longer retention time.
25. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only
be valid when they have been reduced to writing and signed by the authorized representatives of the County and
Grantee.
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26. ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of
the other party. Consent under this section may be subject to conditions.
27. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13.
28. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All
proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of
Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement.
29. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There
are no representations, warranties, or provisions, either oral or written, not contained herein.
30. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder
of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair
the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized to
execute this contract on behalf of Dakota County.)
By: _____________________________________
Georg T. Fischer, Director
Environmental Resources Department
Date of signature:__________________________
APPROVED AS TO FORM:
/s/Helen R. Brosnahan 10/17/19
Assistant County Attorney/Date
KS-19-315
Dakota County Contract #C0032199
County Board Res. No. 19-577
FOR THE GRANTEE
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By: _____________________________________
Signature line
Printed Name:__________________________
Title: _________________________________
Date of signature:__________________________
Attest: __________________________________
_____________________________________(title)
Date of signature:_____________________________
1
Dakota County Community Waste Abatement Grant Program
2020 Guidelines
I.Grant Overview
A.Municipalities in Dakota County have responsibilities to establish and maintain comprehensive local
waste abatement programs. Dakota County provides educational, financial, and technical assistance to
municipal governments to aid local waste abatement programs. The Dakota County Community Waste
Abatement Grant Program (Program) assists municipalities with waste abatement expenses.
II.Grant Eligibility
A.Dakota County municipalities are eligible for the Program, excluding those represented by the Rural
Solid Waste Commission.
B.Municipalities with fewer than 1,000 households are eligible for limited funding in specific categories.
C.To be eligible for Municipal Facilities Verification and Education funding, municipality must have at least
one municipal facility to verify or at least one employee to educate, other than the municipal Liaison.
D.To be eligible for Multifamily Recycling funding, municipality must have multifamily housing.
E.To be eligible for Municipal Facilities/Parks Infrastructure funding, municipality must have at least one
municipal facility.
III.Grant Funding Allocation and Match
Funding levels are determined annually by the County Board of Commissioners.
A.Base Funding: Base Funding is allocated for required grant activities, including administration,
residential communications, municipal facilities/parks verification and employee education, and special
collections.
B.Supplemental Funding: Optional Supplemental Funding is allocated for multifamily recycling, municipal
facilities/parks waste abatement infrastructure, in-person education, event recycling, and gap funding.
Funds allocated to municipal waste abatement infrastructure may be used for activities in other funding
categories if best waste management practices are in place at all municipal/park facilities.
C.Matching Funds: Cities must provide a 25% match of the total reimbursed grant funding (Base plus
Supplemental Funding) through a cash match, in-kind contributions, or combination thereof, to pay for
any activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing).
IV. Grant Application Instructions
A.Complete all pages of the Application.
B.Sign Application and submit by September 15 of the year preceding the funding year to Dakota County
for approval.
C.Obtain Grant Agreement from Dakota County.
D.Obtain city council approval of Grant Agreement.
E.Provide a copy of official resolution or minutes of the proceedings to Dakota County.
Dakota County Contract #C0032199
Exhibit 1 - Page 1 of 9
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V. Funding Requests
A. Part 1: Base Funding Request (Required)
1. Administration
Minimum Grant Requirements
a. Fulfill responsibilities necessary for effective grant administration and demonstrate performance
of waste abatement programs.
b. Identify and ensure municipal Liaison(s) is properly trained to fulfill responsibilities by attending
the Dakota County Master Recycler/Composter class or equivalent as approved by the County
Liaison, with supplemental training as needed.
c. Ensure municipal Liaison(s) attends at least four of the six Program meetings hosted by County
staff.
d. Refer persons, groups, and organizations as appropriate to County Programs (e.g., business,
multifamily, school).
e. Provide reasonable support for County-led efforts for waste abatement.
f. Maintain current waste management information on the municipal website:
i. Describe municipal solid waste collection requirements for haulers;
ii. Describe municipal solid waste collection requirements for generators, including for
both single-family and multifamily residents; and
iii. Maintain current links to Dakota County website pages including the Green Guide, The
Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School
Recycling, and Environmental Education Resources.
g. Demonstrate Program compliance and waste abatement metrics in mid-year and final reports
that include information for all Base and Supplemental funded projects, as described in
Reporting and Reimbursement below.
h. Submit reimbursement requests by County deadlines with substantiating documentation, as
described in Reporting and Reimbursement below.
Eligible Expenses
a. Salary, benefits, and mileage of personnel, full-time and temporary, working directly on the
planning, implementing, promoting, and reporting of eligible activities.
b. Solid waste training and professional memberships to support effective implementation of Base
Funding or Supplemental Funding activities, excluding out-of-state travel and lodging.
c. Consultant/contract services or stipend for an organization or group to provide assistance.
d. Other expenses to administer grant-funded activities, with prior written approval from the
County Liaison.
2. Residential Communications
Minimum Grant Requirements
a. Provide written waste abatement information to all residents of single-family and multifamily
dwellings by including County toolkit articles in Municipality mailed newsletters on each of the
following topics, with full pages preferred as resources allow:
i. Curbside recycling;
ii. Residential services at the Recycling Zone;
iii. Residential organics drop-off site(s); and
Dakota County Contract #C0032199
Exhibit 1 - Page 2 of 9
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iv. Local reuse opportunities for residents
b. Promote County staff-developed electronic media messages (e.g., website, social media, e-news)
about solid waste and household hazardous waste management, including all priority waste
abatement topics listed above.
c. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone).
d. Use County toolkits (text, content, images) and follow the County’s Waste Abatement Education and
Outreach Style Guide to provide standardized messaging.
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working directly
on the planning, implementing, promoting, and reporting of eligible activities.
b. Percentage of cost for design, production, and postage for municipality newsletter devoted to waste
abatement articles on topics listed in Requirements above.
c. Printing or copying education pieces (e.g., posters, flyers) for County-approved waste abatement
standardized messaging.
d. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, video, theater, television,
e-news, and social media) for County-approved waste abatement standardized messaging.
e. Consultant/contract services or stipend for an organization or group to provide assistance.
f. Other expenses to administer grant-funded activities, with prior written approval from the County
Liaison.
3. Municipal Facilities/Parks Verification and Education
Minimum Grant Requirements
a. Ensure collected recyclables and organics generated at municipal facilities/parks are delivered to the
respective licensed facility, or to another facility approved by the County Liaison.
b. Provide monitoring and verification of best waste management practices at least once annually, by:
i. Visually inspecting waste management at all municipality-controlled facilities, including
parks; and
ii. Reporting on status of compliance with MN Stat §115A.151 using the Municipal Recycling
Tracking Tool or another tool provided by Dakota County, to verify recycling programs for
facilities under the municipality’s control collect at least three recyclable materials wherever
trash is collected, and follow best waste management practices.
c. Educate all municipal employees about how to prevent waste and how and what to recycle when at
work, using County toolkits.
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working directly
on the planning, implementing, promoting, and reporting of eligible activities.
b. Waste abatement education materials for municipal employees, such as signs, trainings and mass
communication.
c. Consultant/contract services or stipend for an organization or group to provide assistance.
d. Other expenses to administer grant-funded activities, with prior written approval from the County
Liaison.
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Exhibit 1 - Page 3 of 9
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4. Special Collections
Minimum Grant Requirements
a. Implement one or more drop-off collection days, events, curbside collections, permanent drop-off
collection sites, or combination thereof to collect specific traditional and non-traditional solid waste
materials from residents for reuse or recycling.
b. Collect all of the following materials from residents for reuse or recycling, with preference given to
reuse:
i. Confidential paper for shredding
ii. Mattresses
iii. Pumpkins
c. The following optional materials may also be collected from residents for reuse or recycling, with
preference given to reuse:
i. Bicycles
ii. Cardboard
iii. Carpet
iv. CFLs
v. Furniture
vi. Holiday Lights
vii. Scrap Metal
viii. Textiles
ix. Other materials as approved by the County Liaison
d. Ensure collected materials are delivered to a reuse location or to a licensed recycling facility, or to
another facility approved by the County Liaison.
e. Promote special collection opportunities to all single-family and multifamily residents.
f. Ensure special collection opportunities are conveniently located and scheduled, with independent
collection opportunities for municipalities having 1,000 households or more; municipalities with
fewer than 1,000 households may coordinate with a neighboring municipality for co-collection.
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working directly
on the planning, implementing, promoting, and reporting of eligible activities (i.e., for collection of
materials listed above).
b. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or
event and deliver for reuse or recycling.
c. Up to 25% costs for vendor services, less resident fees, to collect materials listed above at a
permanent residential collection drop-off site and deliver for reuse or recycling.
d. Up to 25% costs for vendor services, less resident fees, to collect materials listed above through a
curbside collection and deliver for reuse or recycling.
e. Print media copying/printing to promote permanent drop-off site to residents (e.g., posters, flyers,
signs).
f. Consultant/contract services or stipend for an organization or group to provide assistance.
g. Other expenses to administer grant-funded activities with prior written approval from the County
Liaison.
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Exhibit 1 - Page 4 of 9
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B. Part 2: Supplemental Funding Request (Optional)
1. Multifamily Recycling
Minimum Grant Requirements
a. Conduct outreach to engage and refer property managers to the Dakota County Multifamily
Recycling Program; and
b. Conduct any of the following activities:
i. Take inventory of all multifamily properties in the Municipality, create a list or directory,
and provide a copy to Dakota County.
ii. Identify Municipality points of contact (“touchpoints”) with multifamily properties, such as
business license renewals, rental license renewals, rental inspections, and fire inspections.
iii. Use Municipality touchpoints as opportunities to communicate with multifamily property
managers about any of the following using County toolkits:
1. The commercial recycling mandate as it applies to property owners;
2. Education on County Ordinance 110 changes and responsibilities, if applicable;
3. Municipality and County resources available for waste abatement infrastructure
and education;
4. Other standardized messaging using County toolkits, with prior written approval
from the County Liaison.
iv. Conduct a campaign to contact each multifamily property manager directly to evaluate
recycling rate, contamination, capacity, and needs through site visits and visual
assessments; document findings and services for each property using County forms.
v. Conduct a dumpster labeling campaign by applying County-supplied dumpster labels to
dumpsters at multifamily properties, with permission from property owners and haulers.
vi. Identify, strengthen, or both: municipal planning and permitting procedures to ensure
state building code recycling space requirements are met in new or remodeled buildings
of 1,000 square feet or more, consistent with MN Administrative Rules 1303.1500.
vii. Provide technical assistance to multifamily properties enrolled in the Dakota County
Multifamily Recycling Program to implement best waste management practices by:
1. First attending Dakota County Multifamily Recycling Program technical assistance
training;
2. Providing on-site needs assessments to systematically evaluate and document
opportunities to enhance recycling and waste prevention, and to meet best
practices, using County standardized messaging, materials, and toolkits;
3. Using needs assessments to complete applications for the Dakota County
Multifamily Recycling Program in collaboration with property managers to request
County-supplied containers, labels, signage, education materials, staff and
resident education as needed, and other technical assistance;
4. Implementing approved plans in coordination with property managers, haulers,
County Liaison, and other partners;
5. Providing targeted on-site employee and resident education about recycling and
waste prevention, including the recycling system within the building, in
partnership with the County Liaison, using County standardized messaging,
materials, and toolkits;
6. Promoting reuse and bulky waste collection opportunities for multifamily tenants
at move-in/move-out;
Dakota County Contract #C0032199
Exhibit 1 - Page 5 of 9
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7. Collaborating with the County Liaison for culturally-specific needs such as
translation and interpretation;
8. Following all Dakota County Multifamily Recycling Program protocols for outreach
and technical assistance, best waste management practices, and education, using
County messaging, materials, and toolkits; and
9. Tracking and reporting on outcomes for each participating property, using forms
or tools provided by the County Liaison.
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working directly
on the planning, implementing, promoting, and reporting of eligible activities.
b. Consultant/contract services or stipend for an organization or group to provide assistance.
c. Other expenses to administer grant-funded activities, with prior written approval from the County
Liaison.
2. Municipal Facilities/Parks Infrastructure
Minimum Grant Requirements
a. Add waste abatement infrastructure (i.e., recycling and organics containers and labels or signage) in
municipality-controlled facilities, including parks, where containers are needed and have not yet
been placed, (i.e., replacing existing containers is an ineligible expense), to implement best waste
management practices in collaboration with parks and facilities staff as follows:
i. Paired: All trash containers are paired with recycling containers, adding organics containers
where applicable.
ii. Color-coded: All containers and lids are blue for recycling, green for organics, and grey or
black for trash and are made from recycled-content materials.
iii. Signage: All containers have color-coded labels on the top and visible sides of the container.
Labels on sides of containers have relevant images. All lids have color-coded labels on both
ends, facing opposite directions. All external hauler-supplied dumpsters/roll-offs/carts
identify materials accepted using color-coded labels with images visible to personnel
consolidating collected materials.
iv. Convenient: All containers are strategically and conveniently located to serve employees
and visitors.
v. Good condition: All containers, lids, and labels are clean and not in disrepair; label
terminology and images are current and accurate.
vi. Appropriate lids: All containers have lids with openings appropriate for the collected
material. Recycling containers have Saturn-shaped or circle-shaped openings.
vii. Correct bags: Recycling containers have no bags or clear bags; organics containers have
green BPI-certified bags; and trash containers have black bags. Trash and recycling bags are
recycled-content.
viii. Education: All personnel who use municipal facilities are educated on what, where, and how
to recycle, at least once annually.
ix. Ensure collected recyclables and organics generated at municipal facilities/parks are
delivered to a licensed facility, or to another facility approved by the County Liaison.
b. Provide remediation as needed to ensure recycling is collected where trash is collected by
establishing recycling service, setting out containers, reconfiguring containers, and adding signage to
ensure that all recycling and trash containers are paired, and all recycling and trash containers are
labeled with County-supplied signage.
Dakota County Contract #C0032199
Exhibit 1 - Page 6 of 9
7
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, working directly
on the planning, implementing, promoting, and reporting of eligible activities described in
Requirements above (i.e., labor for setup of proper waste abatement infrastructure, not labor for
collection of waste).
b. Recycling containers, organics containers, and labels/signage necessary to fulfill Requirements
described above, with preferred use of County staff-recommended recycling receptacle options, or
other receptacles as approved by the County Liaison for special circumstances.
c. Trash receptacles are only eligible as part of a multi-stream container (i.e., the Program does not
fund stand-alone trash containers).
d. Compostable bags for the first year only, to implement back of house organics diversion (e.g., food
scraps) at municipal facilities.
e. Waste sort or other evaluation expense.
f. Consultant/contract services or stipend for an organization or group to provide assistance.
g. Other expenses to administer grant-funded activities, with prior written approval from the County
Liaison.
3. In-Person Education
Minimum Grant Requirements
a. Provide in-person waste abatement education for adults and youth through face-to-face
interactions during presentations or at booths, events, or gatherings to educate 1% or more of the
Municipality’s population through a direct learning experience, on any of the following topics:
i. Curbside recycling
ii. Residential organics drop site(s)
iii. Residential services at the Recycling Zone
iv. Local reuse opportunities for residents
b. Use County toolkits and standardized messaging, with any additional materials or messages
approved in advance by the County Liaison.
c. Include the value of recycling as part of in-person education.
d. Coordinate with County Liaison for any activities in schools.
e. Track and report on outcomes using County forms, on an annual basis or more often as requested.
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working
directly on the planning, implementing, promoting, and reporting of eligible activities (i.e., only
activities described in Requirements above; does not include brochure distribution, or any activities
lacking an educational face-to-face interaction and direct learning experience).
b. Printing or copying of promotional pieces (e.g., posters, flyers) and other approved pieces.
c. Event, booth, and room rental fees.
d. Fees for performances using County standardized messaging.
e. County-approved professional educators and performers who help implement required education
activities using County toolkits and standardized messaging.
f. County-approved promotional items up to $500 in value that create minimal waste and contribute
to waste abatement education.
g. Consultant/contract services or stipend for an organization or group to provide assistance.
h. Other expenses to administer grant-funded activities, with prior written approval from the County
Liaison.
Dakota County Contract #C0032199
Exhibit 1 - Page 7 of 9
8
4. Event Recycling and Organics
Minimum Grant Requirements
a. Provide the opportunity to recycle through best waste management practices for vendors and
attendees at public events and festivals, prioritizing large events that historically generate at least
one ton of waste (trash, recyclables, organics), with smaller events supported as funding allows.
b. Contact and coordinate with event coordinators to implement recycling collection, organics
collection, or both, using the Dakota County Recycling Best Management Practices Checklist and
Dakota County Best Management Practices Guide for Public Events.
c. Ensure that front-of-house organics collection is permitted only if all vendors are required to abide
by an agreement to (1) provide customers with compostable products only and (2) use only
compostable products that are BPI-certified.
d. Assist event coordinators with obtaining necessary temporary containers for recyclables collection,
signage for vendors and attendees, waste station staffing, bags for recyclables, and hauler services.
e. Update municipal permits and agreements to require recycling with best waste management
practices at events/festivals (e.g., event permit, event vendor agreement, facility rental agreement,
event hauler agreement).
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working
directly on the planning, implementing, promoting, and reporting of eligible activities.
b. X-frame containers, grabbers, green 5-gallon buckets, signage, bags for recyclables and organics,
promotion and other materials necessary for successful project implementation at large events.
c. Recycling/organics hauling services to collect materials at large events and deliver to a licensed
recycling/composting facility, or to another facility approved by the County Liaison.
d. Consultant/contract services or stipend for an organization or group to provide assistance,
prioritizing large events.
e. Other expenses to administer grant-funded activities, with prior written approval from the County
Liaison.
5. Gap Funding
Minimum Grant Requirements
a. Complete, or make progress toward completing, one or more waste abatement projects included in
eligible grant categories above, for which additional funding is needed (i.e., filling funding gaps in
other eligible Base Funding or Supplemental Funding categories for or toward successful project
completion).
Eligible Expenses
a. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working
directly on the planning, implementing, promoting, and reporting of eligible activities.
b. Expenses for completion of projects that are eligible, as defined in Grant Requirements and Eligible
Expenses sections above.
c. Other expenses to administer grant-funded activities with prior written approval from the County
Liaison.
Dakota County Contract #C0032199
Exhibit 1 - Page 8 of 9
9
VI. Ineligible Expenses
A. The following expenses are ineligible for funding:
1. Expenses that are not specified as an eligible expense above, unless written approval has been
obtained from the County Liaison.
2. Expenses related to non-waste abatement waste issues (e.g., energy, water).
3. Expenses related to hazardous and household hazardous waste and business waste management,
with the exception of residential compact fluorescent bulb collection.
4. Waste collection, transportation or management (i.e., reuse, recycling, organics, resource recovery,
and land disposal of waste) under the Municipality’s control, with the exception of first-year
purchase of compostable bags as described in Municipal Facilities/Parks Verification and Education.
5. Food or refreshments unless approved by the County Liaison as compliant with Dakota County
Policy 2740.
6. Payment for collection and management of items that are banned from land disposal.
7. Out-of-state meals, travel, and lodging.
8. Office supplies and equipment including phone charges and website fees.
9. Replacement of existing waste collection containers and lids.
10. Salary expenses that exceed the salary budgeted in the Application for any category of funding,
unless reasonable justification is provided and approved by County liaison.
VII. Reporting and Reimbursement
Grant Requirements
a. By July 15, 2020, Municipality shall submit a mid-year report and reimbursement request form for
the first six months of 2020, on forms provided by the County Liaison.
b. By January 15, 2021, Municipality shall submit a final report and reimbursement request form for
the last six months of 2020, on forms prescribed by the County Liaison.
c. Report and reimbursement request forms must be signed by the Authorized Representative for the
grant agreement.
d. Reimbursement requests must be for eligible expenses, less revenues or other monies received,
incurred in connection with the performance of grant activities.
e. Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or
detailed financial reports produced using municipal accounting software, itemizing all expenses
related to the grant, including salary and benefits. If itemized financial reports are unavailable for
salary and benefits, the municipality shall include a letter from a supervisor with the FTE and salary
equivalent for municipality personnel, full-time and temporary, while working directly on the
planning, implementing, promoting, and reporting of eligible activities during the reimbursement
period.
f. For 2020, reimbursement requests may be submitted at another established frequency with prior
written approval from the County Liaison.
Dakota County Contract #C0032199
Exhibit 1 - Page 9 of 9
Dakota County Contract #C0032199
Exhibit 2 - Page 1 of 7
Dakota County Contract #C0032199
Exhibit 2 - Page 2 of 7
Dakota County Contract #C0032199
Exhibit 2 - Page 3 of 7
Dakota County Contract #C0032199
Exhibit 2 - Page 4 of 7
Dakota County Contract #C0032199
Exhibit 2 - Page 5 of 7
Dakota County Contract #C0032199
Exhibit 2 - Page 6 of 7
Dakota County Contract #C0032199
Exhibit 2 - Page 7 of 7
INSURANCE TERMS
Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to
otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction
of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent
Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons
or parties with these provisions.
APPLICABLE SECTIONS ARE CHECKED
1.Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or
Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not
required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision
under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to
County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against any
and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or
Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change
requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage.
2.General Liability.
"Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on
a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability
(applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be
provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance
Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation)
shall be considered to be an acceptable equivalent policy form.
Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000
per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit
afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or
Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that
afforded by the underlying Commercial General Liability policy (or equivalent underlying policy).
Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of
the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to
less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such
aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops
down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount,
shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below.
Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the
Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount
shall not exceed $25,000 each occurrence.
Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds thereunder.
3.Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed
under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may
be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract
termination.
It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or
insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereunder. Contractor therefore
agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's
protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if
necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, throughout the one (1) year period of
required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and
provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with this section; and (b)
immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining
available for the protection of Dakota County.
Dakota County Contract #C0032199
Exhibit 3 - Page 1 of 2
4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of
the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection
with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount
of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the
limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies)
shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within
the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor
vehicle liability assumed under this contract.
Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, employees and agents as
Additional Insureds thereunder.
5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor
secure any additional insurance, or additional feature to existing insurance, as Dakota County may reasonably require for the protection of their interests or
those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional
requirement(s).
6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder
is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide Dakota
County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence
of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Dakota County may reasonably request, and shall
contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County,
Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer-
certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer
provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage
terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage.
7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to
do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be
unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In
all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing
of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s)
shall be deemed to be acceptable to Dakota County.
8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as
required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and
appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice.
9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims
brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the
benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may
reasonably require.
10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or
injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf,
from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for
any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole
or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such
party may be responsible.
Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of
subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence
as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present;
and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07
Dakota County Contract #C0032199
Exhibit 3 - Page 2 of 2