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HomeMy WebLinkAbout6.e. 2021 Community Waste Abatement Grant Agreement EXECUTIVE SUMMARY City Council Meeting Date: November 17, 2020 AGENDA ITEM: 2021 Community Waste Abatement Grant Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.e. ATTACHMENTS: Funding Application and 2021 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 $31,108.73 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 2021 Community Waste Abatement Grant Agreement. RECOMMENDATION Staff recommends the Council approve the 2021 Community Waste Abatement Grant Agreement between the City of Rosemount and Dakota County. Dakota County Contract #C0033336  2021 Grant Agreement  Page | 1 of 5    COMMUNITY WASTE ABATEMENT 2021 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 commence on January 1, 2021 and terminate December 31, 2021, unless earlier terminated by law or according to the provisions of this Agreement. A. The activities identified in Exhibit 2 must be completed between January 1, 2021 and December 31, 2021. B. To obtain reimbursement for the activities identified in Exhibit 2, and completed between January 1, 2021 and December 31, 2021, a reimbursement request must be submitted on or before March 15, 2022. 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. 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. Dakota County Contract #C0033336  2021 Grant Agreement  Page | 2 of 5    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 or reuse, 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 $31,108.73, 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 and the Minnesota Pollution Control Agency. 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 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. 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. No payment will be made for activities on reimbursement requests 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. 13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount 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. The County Liaison shall have the authority to approve modifications to the Application activities and related expenses within a funding category as requested by the Grantee, 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. Dakota County Contract #C0033336  2021 Grant Agreement  Page | 3 of 5    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 13885 South Robert Trail 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. 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: A. The contractor must maintain all records and provide all reporting as required by this Agreement. Dakota County Contract #C0033336  2021 Grant Agreement  Page | 4 of 5    B. 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. C. 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. D. The contractor must be an independent contractor for the purposes of completing the contracted work. E. The contractor must acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between County and the contractor. F. 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. G. 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 Minn. Stat. § 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. A. 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. B. 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. 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. Dakota County Contract #C0033336  2021 Grant Agreement  Page | 5 of 5    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 10/30/20 Assistant County Attorney/Date KS-20-212.005 Dakota County Contract #C0033336 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: ________________________________ Telephone:___________________________ Date of signature:_________________________ Attest: _________________________________ Title: __________________________________ Date: _________________________________ Dakota County Community Waste Abatement Grant Program 2021 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 Dakota County townships and the cities of Coates, Hampton, Miesville, New Trier, Randolph and Vermillion. 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. A. To be eligible for Reduce/Reuse funding, municipality must have best waste management practices in place at all municipal/park facilities. III. Grant Funding Allocation and Match Funding amounts are determined annually by the County Board of Commissioners. B. Base Funding: Base Funding is allocated for required grant activities, including administration, residential communications, municipal facilities/parks verification and employee education, and special collections. C. 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, or for reduce/reuse activities (e.g., Environmental Preferable Practices initiatives), if best waste management practices are in place at all municipal/park facilities and expenses are approved in advance by the County Liaison D. Matching Funds: Cities must provide a 25% match of the total reimbursed grant funding amount (Base Funding plus Supplemental Funding) through a cash match, in-kind contribution, or combination thereof, to pay for any activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). Any expenses that are not listed in the Guidelines as Eligible Expenses are ineligible for matching funds unless pre-approved by the County Liaison. IV. Grant Application Instructions A. Complete all pages of the Application. B. Collect signature of authorized representative (i.e., authorized contract signatory) 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. Execute Grant Agreement. Dakota County Contract #C0033336 Exhibit 1 - Page 1 of 9 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 to fulfill grant responsibilities. c.Ensure municipal Liaison(s) attends at least four of the six Program meetings hosted by the County Liaison. 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 standardized messaging articles and images 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 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 using County messaging standards. Dakota County Contract #C0033336 Exhibit 1 - Page 2 of 9 c. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). d. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. e. Submit written residential waste abatement information to County Liaison for review at least three business days before printing. 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 using County standardized messaging articles and images. c. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, video, theater, television, e-news, and social media) for waste abatement standardized messaging. d. Consultant/contract services or stipend for an organization or group to provide assistance. e. 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 Dakota County Ordinance 110 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 and what not to recycle (including organics if applicable) when at work, using County messaging standards. d. Educate custodial/housekeeping staff and vendors, and other people responsible for sorting, collecting or transporting waste to external carts or dumpsters using County messaging standards. 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. Copying and printing waste abatement education materials for municipal employees and vendors, such as signs, trainings and mass communication using County messaging standards. 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. 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. Dakota County Contract #C0033336 Exhibit 1 - Page 3 of 9 b. Collect all of the following materials from residents for reuse or recycling or organics composting, 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 pre-approved by the County Liaison d. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. e. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards. f. Submit promotional communications to County Liaison for review at least three business days before publication. g. Ensure special collection opportunities are conveniently located and scheduled, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality 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 with confirmed delivery to a reuse, recycling, or organics facility. c. Up to 25% costs for vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site with confirmed delivery to a reuse, recycling, or organics facility. d. Up to 25% costs for vendor services, less resident fees, to collect materials listed above through a curbside collection with confirmed delivery to a reuse, recycling, or organics facility. e. Print media copying/printing to promote special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. 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. B. Part 2: Supplemental Funding Request (Optional) 1. Multifamily Recycling Minimum Grant Requirements a. Conduct any of the following activities: i. Take or maintain an inventory of all multifamily properties in the Municipality, create a list or directory, and provide a copy to Dakota County. Dakota County Contract #C0033336 Exhibit 1 - Page 4 of 9 ii. Identify Municipality points of contact (“touchpoints”) with multifamily properties, such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings. iii. Develop new or strengthen existing points of contact (“touchpoints” above) to communicate with multifamily property managers about recycling resources and city requirements in coordination with County staff. iv. Identify, strengthen, or both: municipal planning and construction procedures to support recycling and organics in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). v. Identify and provide technical assistance to up to three 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 materials. 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 staff, 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 messaging standards; 6. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; 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 standards; 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 and Reduce/Reuse 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 for in collaboration with parks and facilities staff as follows: i. Paired: All trash containers are paired with recycling containers (within 10 feet of each other), adding organics containers where applicable. Dakota County Contract #C0033336 Exhibit 1 - Page 5 of 9 ii. Color-coded: All new containers and lids are blue for recycling, green for organics, and grey or black for trash and are made from recycled-content materials. New multistream containers are blue for recycling and gray or black for trash. iii. Signage: All containers have color-coded labels on the top and visible sides of the container. Labels on sides of containers meet County label standards. For indoor containers, lids have color-coded labels on both ends, facing opposite directions. iv. Convenient: All containers are strategically and conveniently located to serve employees and visitors. v. Appropriate lids: All containers have lids with openings appropriate for the collected material. Recycling containers have Saturn-shaped or circle-shaped openings. b. 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. c. 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. d. Use funds allocated to municipal waste abatement infrastructure for activities in other funding categories, or for reduce/reuse activities (e.g., Environmentally Preferable Practice initiatives, fix-it clinics, swap events, checkout/sharing programs) if best waste management practices are in place at all municipal/park facilities. Attend Minnesota Pollution Control Agency Green Team meetings if funds are used for reduce/reuse activities. 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 management infrastructure, not labor for collection of waste). b. Recycling containers, organics containers, multi-stream (entryways only) 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 collection (i.e., food scraps) at municipal facilities. e. Waste sort or other evaluation expense. Consultant/contract services or stipend for an organization or group to provide assistance. f. Expenses for other funding categories and reduce/reuse with prior written approval from the County Liaison and only if best waste management practices are in place at all municipal/park facilities. 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 Dakota County Contract #C0033336 Exhibit 1 - Page 6 of 9 b. Use County materials for promotional and distribution handouts. c. Use messaging standards on County website for verbal education. d. Coordinate with County Liaison for any activities in schools, businesses, and multifamily residences. 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 or distribution pieces (e.g., posters, flyers, guides) complying with County messaging standards and approved in advance by County Liaison, if not duplicative of existing County publications. c. Event, booth, and room rental fees. d. Fees for County-approved professional educators and performers who help implement required education activities and comply with County messaging standards. e. County-approved promotional items up to $500 in value that create minimal waste and contribute to waste abatement education. 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. 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, back-of-house organics (i.e., food scraps) collection, or both, using the Dakota County Recycling Best Management Practices Checklist and Dakota County Best Management Practices Guide for Public Events. c. 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. d. Develop or update municipal permits and agreements to require recycling/back-of-house organics with best waste management practices at events/festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement). e. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services. 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 of collected materials from large events with confirmed delivery 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. Dakota County Contract #C0033336 Exhibit 1 - Page 7 of 9 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. 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, sustainability). 3. Expenses related to land disposal of materials, and collection and management of banned materials, trash, hazardous and household hazardous waste and business waste, unless specifically identified above (e.g., residential compact fluorescent bulb collection, multi-stream containers). 4. Municipality-generated waste management, unless specifically identified above (e.g., first-year compostable bags, new infrastructure). 5. Food or refreshments unless approved by the County Liaison as compliant with Dakota County Policy 2740. 6. Design of education and communications print materials not described above, unless prior written approval has been obtained from the County Liaison. 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. Any expenses, including salary, that exceed the amount 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, 2021, Municipality shall submit a mid-year report and reimbursement request form for the first six months of 2021, on forms provided by the County Liaison. b. By January 15, 2022, Municipality shall submit a final report and reimbursement request form for the last six months of 2021, on forms prescribed by the County Liaison. c. Report and reimbursement request forms must be signed by the Authorized Representative (i.e., contract signatory) for the grant agreement, or by other designee who is independent of municipality personnel who work directly on the planning, implementing, promoting, and reporting of eligible activities. d. Reimbursement requests must be for eligible expenses, less revenues or other monies received, incurred in connection with the performance of grant activities. Dakota County Contract #C0033336 Exhibit 1 - Page 8 of 9 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. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. f. The municipality shall keep a record of time spent on each category, itemized for each expense, and for each city if applicable, for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities during the reimbursement period. Dakota County Contract #C0033336 Exhibit 1 - Page 9 of 9 Dakota County Contract #C0033336 Exhibit 2 - Page 1 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 2 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 3 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 4 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 5 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 6 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 7 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 8 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 9 of 10 Dakota County Contract #C0033336 Exhibit 2 - Page 10 of 10 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 #C0033336 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 #C0033336 Exhibit 3 - Page 2 of 2