IV.9. Approve Resolution 2017-013 – Renewing Residential Recycling Grant Agreement with Hennepin County; Stadler (CR2017-029).+� ' <
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January 17, 2017 �' � Councll Report 2017-029
APPR4VE RESOLUTION 2017-013, RENEWING RESIDENTIAL
RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY
Pro�osed Action
Staff recommends the following motion: Move that Cit_y Council ap�roves Resolution 2017-013,
renewin� the residential rec.yclin� rant a�reement with Henne�in Count�hrou�h 2020.
Overview
Approving this renewal will result in the continuation of funds received from Hennepin County
to support Hopkins' residential recycling program through December 31, 2020. By signing this
document, the City of I�opkins agrees to continue to:
1) Follow Hennepin County's list of accepted recyclable materials
2) Use County terminology and images for recyclables
3) Provide recycling information on the City's website
4) Send a recycling guide to residents each year
5) Complete two educational outreach activities each year
The projected recycling grants for �-Iopkins are:
"�ear Projected Recycling Grant�
2016 $27,070 (Actual amount �ecezved)
2017 $24,489
2018 $21,428
2019 $18,367
2020 $15,306
� Subj ect to change based on state funding and the
number of households in each city
The decreasing proj ected grant amounts are a result of a change in policy, gradually shifting
funds from traditional recycling to support organics recycling. In 2017, approximately 20
percent of funding will be allocated to organics recycling programs. By 2020, approximately
half of the funding will be dedicated to supporting organics recycling. Cities with households
participating in residential curbside organics recycling programs will be eligible for that
additional funding.
Staff recommends renewing this grant agreement in order to support the residential recycling
program.
Su��ortin� Information
• Resolution 2017-013
• Hennepin County Residential Recycling Grant Agreement
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Pam Hove, Solid Waste Coordinator
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Notes:
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�.ESOLUTION NO 2017-013
AVTI�ORIZI��TG T�-IE �.ENE�IV�AL OF TI�E HE PIN COLTNTY
��ESIDENTIAL ��ECYCLING G�:ANT AG�.EEMENT
WHEREAS, the City of Hopkins and Hennepin County have cooperated in this grant agreement
since January 1, 1999; and
WHEREAS, the County Board, by Resolution No 16-0447 adopted on November 29, 2016,
approved the Hennepin County Residential Recycling Funding Policy for the period 01 /01 /2017
through 12/31 /2020, authorizing grant funding for municipal recycling programs consistent with
said policy; and
WHEREAS, to be eligible to receive these County funds, the City must meet the conditions set
forth in the Funding Policy; and
WHEREAS, to be eligible to receive these County funds, the City must renew the Residential
Recycling Agreement with Hennepin County to extend the term of the Agreement to 12/31 /2020;
and �
WHEREAS, the City of Hopkins desires to receive these County funds;
NOW, THER.EFORE, BE IT RES�LVED, that the City of Hopkins City Council authorizes
the adoption of Resolution 2017-013 to approve the renewal of the Residential Recycling Grant
agreement between Hennepin County and the City of Hopkins, Which will extend the agreement
term through 12/31 /2020 .
ADOPTED by the Hopkins City Council on February 7, 2017.
Molly Cummings, Mayor
ATTEST:
Amy Domeier, City Clerk
/ � •; � ••'� 1
1ZESIDENTIAL ��ECYCLING GI��A]�T'T AGl�EEMENT
This Agreement is between the COLTNTY OF HETINEPIN, STATE OF MI��ESOTA, A-2300
Government Center, Minneapolis, Minnesota 55487 ("COLTNTY"), on behalf of the Hennepin
County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis,
Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF HOPKINS, 11100 Excelsior
Boulevard, Hopkins, Minnesota 55343 ("CITY").
The parties agree as follows:
1. TERIVI AND C O S T OF THE AGREEMENT
2.
3.
�'l�s Ag�ee��r�t ���.� ���n�e�ee �.pcn �xec�.t��� a�d exp�r� �� D�cer�ber 31,
2020, unless cancelled or terminated earlier in accordance with the provisions herein.
��nnual grant payments shall be calculated as set forth in Section 3.
SERVICES TO BE PROVID�D
The CITY shall apply for annual grant funds and operate its Recycling Program as more
fully described in Attacl�ment A, the Residential Recycling Funding Policy.
ALLOCATION OF FUNDS
The COLTNTY will distribute to Hennepin County municipalities 100% of SCORE funds
that the COLTNTY receives from the state. SCORE funds will be dedicated to two
different purposes: 1) curbside recycling and 2) curbside organics recycling. SCO�,E
funds are based on revenue received by the State of Minnesota from the solid waste
management (S�VM) tax on garbage services. S�ORE funds are subject to change based
on the SWM tax revenue received by the state and funds allocated by the legislature.
Funds distributed to municipalities for the current calendar year will be based on SCORE
funds received by the COUNTY in the state's corresponding fiscal year.
�ecycling
The following formula will be utilized to determine a CITY' S recycling SCORE grant
each year. ,
Percent of SCORE funds allocated to curbside recycling:
2017 80%
2018 70%
2019 60%
2020 50%
1
CITY recycling grant calculation:
Number of households with
curbside recycling in city
---------------------------------
Total number of households
with curbside recycling in
county
�
Total S C ORE
funds available =
for recycling
Recycling grant
amount available
to the city
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where each housing unit sets out its own recycling
container for curbside collection. The number of eligible �ouseholds will be determined
by counting the number of eligible households on January 1 of each funding year. The
CiTY� wiil report the number in its appiication for �unding.
The COLTNTY will make two equal payments to the CITY. One payment will be made
after the COLTNTY receives the application, which consists of the web-based report and
the planning document. A second payment will be made after basic program
requirements, education and outreach requirements, and recycling performance have been
confirmed and approved. If the CITY meets the COLTNTY requirements, both payments
will be made during the same calendar year. Funding will be withheld until the CITY
meets the requirements of the Residential Recycling Funding Policy.
Or ag nics
The following formula will be utilized to determine a CITY' S organics recycling SCORE
grant each year.
Percent of SCO�:E funds allocated to curbside organics recycling:
2017 20%
2018 30%
2019 40%
2020 50%
CITY organics recycling grant calculation:
Number of households with
curbside organics in city
---------------------------------
Total number of households
with curbside organics in
county
Total SCORE
x funds available
for organics
2
Organics grant
amount available
to the city
If the fo ula above results in the CITY receivin� a gr�.nt where the dollar amo�t per
participating household is greater than $25 per year, then a cap will apply. The fundXng
cap per participating household is $25 per year. The most the COLTNTY will grant a
CITY is $25 per participating household per year. If funds are left over because of the
cap, those funds will carry over into the following year's SCOF:E funds.
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where the household is signed up for organics
service and the household sets out its own container with organics for curbside collection.
The nu.mber of eligible households will be determined by counting the number of eligible
households on September 1 of each funding year. The CITY will report the number in the
application for funding.
Tl�� i3OLJl'�TTY w�il �.�.k� ��i� c��gani�s gr-�.nt �a�:�r-Ie��t to tn� �I i Y e�.c�i yea�. �'�ie
payment will be made after the COLTNTY receives the application and confirms that the
CITY meets the requirements of the Residential Recycling Funding Policy.
4. PI�OFE S S IOI�TA.L CREDE�TTIA.I, S
INTENTIONALLY OMITTED
5. INDEPENDENT CITY
CITY shall select the means, method, and manner of performing the services. Nothing is
intended nor should be construed as creating or establishing the relationship of a
partnership or a j oint venture between the parties or as constituting CITY as the agent,
representative, or employee of COUNTY for any purpose. CITY is and shall remain an
in�.ependent contractor for all servic�s performed under this Agre�ment. CITY shall
secure at its own expense all personnel required in performing services under this
Ag�eement. CI��'s personnel and/�r subcontractors engaged to perform ar�y work or
services required by this Agreement will have no contractual relat�onship with COLTNTY
and will not b� considered employees of COLTNTY. � COLTNTY shall not be responsible
for any claims that arise out of employment or alleged employment under the Minnesota
Unemployment Insurance Law or Minnesota Statutes, chapter 176 (which may be
referred to as the "�'orkers' Compensation Act" j, on behalf of any persc�nnei, including,
without limitation, claims of discrimination against CITY, its officers, agents,
contractors, or employees. Such personnel or other persons shall neither accrue nor be
entitled to any compensation, rights, or benefits of any kind from COLTNTY, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
workers' compensation, unemployment compensation, disability, severance pay, and
retirement benefits.
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INDEl��NIFICATION
CITY shall defend, indemnify, and hold harmless COLTNTY, its present and former
officials, off cers, agents, volunteers and employees from any liability, claims, causes of
action, judgments, damages, losses, costs, or expenses, including reasonable attorney's
fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor,
anyone directly or indirectly employed by them, and/or anyone for whose acts and/or
omissions they may be liable in the performance of the services required by this
Agreement, and against all loss by reason of the failure of CITY to perform any
obligation under this Agreement. For clarification and not limitation, this obligation to
defend, indemnify and hold harmless includes but is not limited to any liability, claims or
actions resulting directly or indirectly from alleged infringement of any copyright or any
property right of another, the employment or alleged employment of CITY personnel, the
unlawful disclosure and/or use of protected data, or other noncompliance with the
r�q�.�rPm�ent� �f t�� ����.jisi��s set f�rth herei�.
II�TSUR�i�vTC�
A. With respect to the services provided pursuant to this Agreement, CITY shall at
all times during the term of this Agreement and beyond such term when so
required have and keep in force the following minimum insurance coverages or
CITY's actual insurance limits for primary coverage and excess liability or
umbrella policy limits, whichever is greater:
l.
2.
Cor�im.ercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
Products Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence Combined �odily
Inj ury and Property D amage
�orkers' Com�ensa�ion and E�nplo�Ter's T ia,bili�y:
Workers' Compensation
Employer's Liability. Bodily in�ur� by:
Accident Each Accident
Disease Policy Limit
Disease Each Employee
0
Limits
$2,000,000
2,000,000
1,500,000
1,500,000
Statutory
500,000
500,000
500,000
3. rofessiona.l Liability Per Clairn 1,500,000
A�gregate 2,000,000
The professional liability insurance must be
maintained continuously for a period of two years
after the expiration, cancellation or termination of
thi s Agre ement.
B. An umbrella or excess policy is an acceptable method to provide the required
cor�lmercial general insurance coverage.
The above establishes minimum insurance requirements. It is the sole
responsibility of CITY to determine the need for and to procure additional
insurance which may be needed in connection with this Agreement. Upon writien
request, CITY shall promptly submit copies of insurance policies to COLTNTY.
CITY shall not commence work until it has obtained required insurance and filed
wit� COLT�TT� a properly executed Certificate of Insurance establishing
compliance. The certificate(s) must name Hennepin County as the certificate
holder, and as an additional insured for the cor�lmercial general liability coverage
required herein. A self-insured retention (SIR) applicable to the commercia�
liability coverage is not acceptable, unless expressly agreed to in writing by
COLINTY. If the certificate form contains a certificate holder notification
provision, the certificate shall state that the insurer will endeavor to mail to
COLTNTY thirty (3 0) day prior written notice in the event of
cancellation/termination of any described policies. If CITY receives notice of
cancellation/termination from an insurer, CITY shall fax or email a copy of the
notice to COLINTY within two business days.
CITY shall furnish to COLTNTY updated certificates during the term of this
Agreement as insurance policies expire. If CITY fails to furnish proof of
insurance coverages, C�LTNTY may withhold payments and/or pursue any other
right or remedy allowed under contract, law, equity, and/or statute.
CITY waives all rights against COLTNTY, its officials, officers, agents,
volunteers, and employees for recovery of damages to ihe extent that damages are
co�,�e� ed by in�uran�e of �ITY.
8. DUTY TO NOTIFY
CITY shall promptly notify COLTIiTTY of any claim, action, cause of action or litigation
brought against CITY, its employees, officers, agents or
subcontractors, which arises out of the services described in this Agreement.
CITY shall also notify COLTNTY whenever CITY has a reasonable basis for believing
that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY,
might become the subj ect of a claim, action, cause of action, administrative action,
�
criminal arrest, criminal charge or litigation arising out of and/or related to the services
described in this Agreement.
CITY, its officers, agents, owners, partners, employees, volunteers and subCITYs shall,
to the extent applicable, abide by the provisions of the Minnesota Gove�ent Data
Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state
and federal laws, rules, regulations and orders relating to data privacy or confidentiality,
which may include the Health Insurance Portability and Accountability Act of 1996
(HIPAA). For clarification and not limitation, COUNTY hereby notifies CIT,Y that the
requirements of Minnesota Statutes section 13 .05, subd. 11, apply to this Agreement.
CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or
facts giving rise to such claims, under the MGDPA or other data or privacy laws.
Classification of data as trade secret data will be determined pursuant to applicable law
and, accordingly, mere�y labeiing data as "trade secret" does not necessariiy make the
data protected as such under any applicable law.
10. RECORDS — AVAILABILITY/ACCESS
Subj ect to the requirements of Minnesota Statutes section 16C.05, subd. 5, COLTNTY, the
State Auditor, or any of their authorized representatives, at any time during normal
business hours, and as often as they may reasonably deem necessary, shall have access to
and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., which are pertinent to the accounting practices and procedures of CITY and
involve transactions relating to this Agreement. CITY shall maintain these materials and
allow access during the period of this Agreement and for six (6) years after its expiration,
cancellation or termination.
11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, �ts partners, successors, assigns and legal representatives to
COLTNTY for all covenants, agreements and obligations herein.
L. C�TY s��a�l n�t as�ign, tr�.nsfer or pledge this �,greement and/Qr the s�rvices to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior Written consent of COLTNTY. A consent to assign shall
be subj ect to such conditions and provisions as COLTNTY may deem necessary,
accomplished by execution of a form prepared by COLTNTY and sign�d by CITY,
the assignee and COLTNTY. Permission to assign, hoWever, shall under no
circumstances relieve CITY of its liabilities and obligations under the Agreement.
C. CITY shall not subcontract this Agreement and/or the services to be performed,
whether in whole or in part, without the prior written consent of COLTNTY.
Permission to subcontract, however, shall under no circumstances relieve CITY of
C�
its liabilities and obligations under the Agree ent. u�ther, CITY shall be lly
responsible fo�° the acts, 01i�1SS1011�, and failure of iis su cont�actors in the
perfo�nance of the specif ed contractual services, and of person(s) directly or
indirectly employed by subcontractors. Contracts between CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with this Agreement. CITY shall make contracts between CITY and
subcontractors available upon request. For clarification and not limitation of
Section 15E, none of the following constitutes assent by COLTNTY to a contract
between CITY and a subcontractor, or a waiver or release by COLTNTY of
CITY's full compliance with the requirements of this Section: (1) COtTNTY's
request or lack of request for contracts between CITY and subcontractors; (2)
COLTNTY's review, extent of review or lack of review of any such contracts; or
(3) COLTNTY's statements or actions or omissions regarding such contracts.
L. 1�s �e�u�r��. b;� Mir���ot� ��at��.�es se�t�or� 4'71.4�5, s���.. 4�., ��1lTTF..�CTG�R
shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of
payment from COZJ�1 �'Y for undisputed services provided by the subcontractor,
and CONTRACTOR shall comply with all other provisions of that statute.
12. MERGER, MODIFICATION ��ND SEVERABILITY
A. . The entire Agreement between the parties is contained herein and supersedes all
oral agreements and negotiations between the parties relating to the subj ect
matter. All items that are referenced or that are attached are incorporated and
made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall
.
prevall.
B. Any alterations, variations or modifications of the provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to
this Agreement signed by the parties. Except as expressly provided, the
substantive legal terms contained in this Agreement including but not limited to
Indemnification, Insurance, Merger, Modification and Severability, Default and
Cancellation/Termination or Minnesota Law Governs may not be altered, varied,
n�odified or waive�. by any change order, im�le�enta�io� plan, sco�e of wo�k,
development specification or other development process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
13. DEFAULT AND CANCELLATION/TE�I��TATION
A. If CITY fails to perform any of the provisions of this Agreement, fails to
administer the work so as to endanger the performance of the Agreement or
. otherwise breaches or fails to comply with any of the terms of this Agreement, it
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shall be in default. Unless CITY's default is excused in writing by COLTNTY,
COLTNTY may upon written notice immediately cancel or terminate this
Agreement in its entirety. Additionally, failure to comply with the terms of this
Agreement shall be just cause for COUNTY to delay payment until CITY's
compliance. In the event of a decision to withhold payment, COUNTY shall
furnish prior written notice to CITY.
B. For purposes of this subsection, "Data" means any data or information, and any
copies thereof, created by CITY or acquired by CONTACTOR from or through
COLTNTY pursuant to this Agreement, including but not limited to handwriting,
typewriting, printing, photocopying, photographing, facsimile transmitting, and
every other means of recording any form of communication or representation,
including electronic media, email, letters, works, pictures, drawings, sounds,
videos, or symbols, or combinations thereof.
Upon expiration, cancellation or termination of this Agreement:
1. At the discretion of COLTNTY and as specified in writing by the
Contract Administrator, CITY shall deliver to the Contract Administrator
all Data so specified by COLTNTY.
2. COLTNTY shall have full ownership and control of all such Data.
If COLTNTY permits CITY to retain copies of the Data, CITY shall not,
without the prior written consent of CO�CJNTY or unless required by law,
use any of the Data for any purpose or in any manner whatsoever; shall
not assign, license, loan, sell, copyright, patent and/or transfer any or all of
such Data; and shall not do anything which in the opinion of COUNTY
would affect COLTNTY's ownership and/or control of such Data.
3. Except to the extent required by law or as agreed to by COUNTY,
CITY shall not retain any Data that are confidential, protected, privileged,
not public, nonpublic, or private, as those classifications are determined
pursuant to applicable law.
C. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain li�.b�e to COLTNTY for darnages �ustai�e�. by CQ�LTNTv by �irtue of ar�y
breach of this Agreement by CITY. Upon notice to CITY of the claimed breach
and the amount of the claimed damage, COLTNTY may withhold any payments to
CITY for the purpose of set-off until such time as the exact amount of damages
due �OUNTY f�om CITY is determined. Follovving notice from COUN�Y of
the claimed breach and damage, CITY and COUNTY shall attempt to resolve the
dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
COLTNTY under this Agreement, law, statute, rule, and/or equity.
8
. ��' S fa11Ur� t0 111S1St LipOri St1C1Ct �e�f0 �.liC� O� �.11y �'OV1S1011 Or t0
exercise any �ight under ihis Agreement shall not be deemed a relinquis ent o�°
waiver of the same, unless consented io in writing. Such consent shall not
constitute a gene�al �vaiver or relinquisl�rn.ent th�oughout the entire terrn of the
Agreement.
F. This Agreement may be canceled/terminated with or without cause by either party
upon thirty (3 0) day written notice.
G. If this Agreement expires or is cancelled or terminated, with or without cause, by
either party, at any time, CITY shall not be entitled to any payment, fees or other
monies except for payments duly invoiced for then-delivered and accepted
deliverables/milestones pursuant to this Agreement. In the event CITY has
performed work toward a deliverable that COLTNTY has not accepted at the time
Qf exp��a.t�o�, �a;rc�llati�� o� te�n�r�a.tion, �ITY s�a�l r�o� be e�t�tle�. t� ar�y
payment for said work including but not limited to incurred costs of performance,
termination expenses, pro�it on the work performed, other costs founded on
termination for convenience theories or any other payments, fees, costs or
expenses not expressly set forth in this Agreen�ent.
H. Upon written notice, COLTNTY may ir�lmediately suspend or cancel/terminate this
Agreement in the event any of the following occur: (i) COLTNTY does not obtain
anticipated funding from an outside source for this proj ect; (ii) funding for this
proj ect from an outside source is withdrawn, frozen, shut down, is otherwise
made unavailable or COLTNTY loses the outside funding for any other reason; or
(iii) COLTNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COLTNTY is not obligated to pay for any services that are provided
or costs or expenses or obligations incurred or encumbered after the notice and
effective date of the suspension or cancellation/termination. In the event
COLTNTY suspends, cancels or terminates this Agreement pursuant to this
paragraph, COLTNTY shall pay any amount due and payable prior to the notice of
suspension or cancellation/termination except that COLTNTY shall not be
obligated to pay any amount as or for penalties, early termination fees, charges,
time and materials for services not then performed, costs, expenses or profits on
work done.
I. CITY has an affirmative obligation, upon written notice by COLTNTY that this
Agreemeni may be suspended or cancelled/terminated, to follow reasonable
directions by COLTNTY, or absent directions by COLTNTY, to exercise a fiduciary
. obligation to COLTNTY, before incurring or making iurther costs, expenses,
obligations or encumbrances arising out of or related to this Agreement.
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement do survive such term, cancellation or termination. Such
9
provisions include but are not limited to: SERVICES TO BE PROVIDED (as to
ownership of property); INDEPENDENT CITY; INDEI�2NIFICATION; INSUR.ANCE;
DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TER.MINATION; MEDIA OUTREACH; and MI���NE S OTA LAW
GOVERNS .
15 . C ONTRAC T ADMINI S TRATION
In order to coordinate the services of CITY with the activities of the Environment and
Energy Department so as to accomplish the purposes of this Agreement, Ben Knudson,
Waste Reduction and Recycling Specialist, or his successor, shall manage this Agreement
on behalf of COLTNTY and serve as liaison between COUNTY and CITY.
16. COMPLIANCE AND NON-DEBA�ENT CERTIFICATION
A. CITY shall comply with all applicable federal, state and local statutes,
reguiations, rules anc[ ordinances currently in force or later enacted.
B. CITY shall comply with all applicable conditions of the COLTNTY grant.
17. PAPER RECYCLI��TG
COLTNTY encourages CITY to develop and implement an office paper and nevvsprint
recycling program.
18. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given
or made by a party under this Agreement or any statute or ordinance shall be in writing,
and shall be sent registered or certified mail. Notices to COLTNTY shall be sent to the
County Administrator with a copy to the originating COLTNTY department at the address
given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the
address stated ir� the opening paragraph of this Agreement or to the address stated in
CITY's Form W-9 provided to COLTNTY.
19. �'ON�LICT OF ?I�TTER.EST
CITY affirms that to the best of CITY's knowledge, CITY's involvement in this
Agreement does not result in a co,nflict of interest with any party or entity which may be
affected by the te�ms of tnis Agreement. Should any conflict or potential conflict of
interest become known to CITY, CITY shall immediately notify COLTNTY of the
conflict or potential conflict, specifying the part of this Agreement giving rise to the
conflict or potential conflict, and advise COUNTY whether CITY will or will not resign
from the other engagement or representation. Unless waived by COLTNTY, a conflict or
potential conflict may, in COUNTY's discretion, be cause for cancellation or termination
of this Agreement.
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;' . ; , � ,/ � �
CI�'X �hall notify COLTI�T�X, p�ior to publication, rele�.se or occu�ence of an� Outreach
(as defined below). The parties shall coordinate to produce collaborative and mutually
acceptable Outreach. For clarification and not limitation, all Outreach shall be approved
by COITNTY, by and through the Public Relations Officer or his/her designee(s), prior to
publication or release. As used herein, the term "Outreach" shall mean all media, social
media, news releases, external facing cor�imunications, advertising, marketing,
promotions, client lists, civic/cor�lm.unity events or opportunities and/or other forms of
outreach created by, or on behalf of, CITY (i) that reference or otherwise use the term
"Hennepin County," or any derivative thereof; or (ii) that directly or indirectly relate to,
reference or concern the County of Hennepin, this Agreement, the services performed
hereunder or COUNTY personnel, including but not limited to COUNTY employees and
�l�eted. o�fi�ia� s. _
2 l. 1VIr.�TNESO 1 A LAWS G�VER�T
`�he laws of the state of Mir�nesota shal� govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, state of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the state of Minnesota.
22. COOPERATIVE PURCHASING
At the time of this Agreement: (1) Hennepin County is a signature party to the Joint
Powers Purchasing Agreement (Agreement No. A 1313 96) (the "JPA"); (2) the Minnesota
Counties of Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are
signatories to the JPA ("Cooperative Members"); (3) if agreed upon pursuant to a
separate agreement be�ween CITY and any Cooperative Member, the JPA allows a
Cooperative Member, subj ect to the terms of the JPA, to purchase the same or
substant�ally similar services based upon terms that are the same or substantially similar
to those set forth in this Agreement including but not limited to price/cost; and (4)
CQLTI�TTY shall rla�e no obli�a�ian, liabilit� oi responsibil�ty for a�y order or p�.rc�iase
made under the contract between a Cooperative Member and CITY.
TI�IS PORTION �F PAGE INTENTIONALLY LEFT BLANK
C OUNTY B OARD AUTHORIZATI4N
Reviewed by the County Attorney' s
Office
Assistant County Attorney
Date:
Recommended for Approval
By•
.
Acting Director,
Environment and Energy Department
Date:
COUNTY OF HETINEPIN
STATE OF M�ESOTA
By•
Chair of Its County Board
ATTEST:
Deputy/Clerk of County Board
Date:
�y.
.
County Administrator
Date:
By:
Assistant County Administrator
- Public Works
Date:
MLTNICIPALITY
CITY warrants that the person who
executed this Agreement is authorized to do so on
behalf of CITY as required by applicable
articles, bylaws, resolutions or ordinances. *
Prir�ted �Tar�.e:
,,_
Signed:
Title:
Date:
* CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms
the signatory's delegation of authority. This documentation shall be submitted at the time CITY returns
the Agreement to the COLTNTY. Documentation is not required for a sole proprietorship.
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Board Adopted: November 29, 2016
�" P u b l i c i�ta rk�
Er�virar�m�nt �nd E��rgy D���r�m�r�t
I. Polic Descri tion
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A. B a c kg ro u n d
The Hennepin County Board of Commissioners has determined that curbside collection of
recyclables and organics from Hennepin County residents is an effective strate to reduce
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reliance on landfills, prevent pollution, conserve natural resources and energy, improve public
health, support the economy, and reduce greenhouse gases. Therefore, the count ado ted the
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goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its
IVletropolitan Solid Waste Management Policy Plan and developed a Residential Recycling
Funding Policy to help reach a 75% recycling rate by 2030.
The ���n�� �vi!I �i�tr�b�t� a!! Selp�t �'��mitteQ �n Re�ycl;r� an� the E!���ir�nmA�t �SCQR.�; fur�ds
received from the state to cities for curbside collection of residential recyclabl�es and organics. If
cities form a joint powers organization responsible for managing a comprehensive recyclin and
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waste education system for the residents of those cities, the county will dis�tribute recycling a�d
organics grants to that organization. Cities are expected to fulfill the conditions of the policy.
B. Term of the Policy
Hennepin County is committed to implement this policy and continue distributing all SCORE
funds received from the state for the purpose of funding curbside residential recycling and
organics programs from .far�uary 1, 2017 through �ecember 31, 2020. The c�unty may revise this
policy if it determines changes are needed to assure compliance with state law and MPCA goals
established for metropolitan counties. In the event that SCORE funds are elirninated from the
state budget or significantly reduced, the county will consult with municipalities at that time and
develop a subsequent recommendation to the board on continuation of this policy and future
funding of curbside recycling and organics programs.
C. Grant Agreements
Each municipality seeking funding under the terms of the Residential Recyclin� Funding Policy
must enter into a recycling grant agreement with the county for a term concurrent with the
expiration of this policy, December 31, 2020. The grant agreement must be accompanied b a
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resolution authorizing the city to enter into such an agreement.
D. Fund Distribution
The county will distribute to Hennepin County municipalities 100% of SCORE funds that the
county receives from the state. SCORE funds will be dedicated to two different purposes:l)
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curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue
received by the State of fV�ir�nesota from the solid waste r�anagerr�ent (SV�/�/1) tax on garbage
services. SCORE funds are subject to change based on the SWM tax rerrenue received by the
state and funds allocated by the legislature. Funds distributed to municipalities for the current
calendar year will be based on SCORE funds received by the county in the state's corresponding
fiscal year. -
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II. Rec clin
y g
A. Allocation of Funds
Th� f�l��vving �crrrul� will bE ��iliz�� �o d��er�rin� a ci�y`� r�cyc��nc� �COP.E ��ar�t each y��r.
' P'ercent ot SC�RE funds allocated to curbside recycf ing:
2017
2018
2019
Zo2o
80%
70%
60%
50%
City recycling grant calculation:
Number of households with
curbside recycling in city Total SCORE
------------------
----------- - X Funds available
Total number of households for recycling
with curbside recycling in
county
Re cyc I i n g g ra n t
- amount availabl�
to the city
Eligible residential households are defined as single family through eight-plex residential
buildings or other res�dential b�ildirgs where each hou�ing unit sets �ut its ov�►n recycling
container for curbside collection. The number of eligible households wi[I be determined by
counting the number of eligible households on January 1 of each funding year. The city will
report the number in its application for funding.
B. Application fc�r Fundir�g
Each municipality must complete an annual grant application by February 15 to receive funding
for that ear. The application consists of a web-based report and a planning document provided
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b the count . The web-based report asks for contract, program, tonnage, and financial
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information. The participation rate for the curbside recycling program must also be included in
the web-based report. The municipality must calculate its artici ation rate durin the month of
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October. The methodology for measuring participation must be provided to the count u on
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request. The planning document asks for a description of activities the city will implement to
increase recycling and make progress toward county objectives.
C. Use of Fu nds
The following requirements apply to the use of recycling funds:
1. All grant funds accepted from the county must be used for waste reduction and recycling
capital and operating expenses in the year granted. The county will not reimburse an
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funds in excess of actual expenses.
2. �, ti'll.:i'i!i ���ii��/ �s ��1�?�i. �.`7�Jil`J2r� �YgariZa�OvC� �7ia� i�0� �i�e��'C�� �t� resid���� th� �Ggi�
property tax, utility fees, or any other method for the portion of its recycling program
costs that are funded by county grant funds.
3. Municipalities must establish a separate. accounting mechanism, such as a project
number, activity number, or fund that will separate recycling revenues and expenditures
from other municipal activities, including solid waste and yard waste activities.
4. Recycling and waste reduction activities, revenues, and expenditures are subject to audit.
5. Municipalities that do not contract for curbside recycling services will receive grant funds
provided that at least 90% of the gr�nt f�ands are �redited �ack to resid�nts and th� city
meets all minimum program requirements. The additiona) 10% may be used for
mUnicipa! adr�ninistrativz and promo��onal ex�enses.
D. City Requirements
1. Materials Accepted
At a minimum, the following materials must be collected curbside:
• Metal food and beverage cans;
• Glass fQod and beverage containers;
• Ca rd boa rd boxes;
• Newspaper and inserts;
• Mail, office and school papers;
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Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
• �oxes fror� toothpaste, r�edications �nd other toiletri�es;
� Magazines and catalogs;
• Aseptic and gable-topped containers; and
• Plastic bottles and containers, #1— Polyethylene Terephthalate (PET, PETE), #2 High
Density Polyethylene (HDPE), #4 — Low Density Polyethylene (LDPE) and #5 -
Polypropylene (PP) plastic bottles, except those that previously contained hazardous
materials or motor oil.
The county may add materials to this list and require municipalities to begin collection within
one year of receiving notification from the county. Municipalities will notify the county if
materials not found on this list will be collected.
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�. �ducati�� dr�� Outr�ach
The partnership between the county and municipalities has been highly effiective in
educating residents and motivating behavior change. In order to cont�nue this partnership
and increase these efforts, ro ram activities of municipalities must be coordinated with
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county and regional efforts. Municipalities must adhere to the following requirements:
a. Use county terminology when describing recycling guidelines, including the
description of materials accepted and not accepted, preparation guidelines, and
promotional materials;
b. Use images provided by the county or the Solid Waste Management Coordinating
Board (SWMCB) if using images of recyclables; `
c. Provide rec clin information on the cit 's website, including materials accepted and
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not accepted, a recycling calendar, and links to county resources;
d. Mail a recycling guide to residents each year using a template developed jointly with
the county. The county will design and print the guide. If a municipality does not use
the tem late roducea by the county, the municip�lity r�ay develop its own guide at
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the municipality's expense, but it must be approved by the county. If the municipality
relies on the hauler to rovide the recycling guide, this guide requires approval by
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the county.
e. Complete two educational activities from a menu of options developed by the
cou nty.
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Any print material that communicates residential recycling guidelines that were not provided
by the county template will require county approval. This does not apply to waste reduction
and reuse, articles on recycling that do not include guidelines, or social media osts. The
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county will respond within five business days to any communication piece submitted.
3. Recycling Performance
On an annual basis, municipal recycling programs must demonstrate that a reasonable effort
has been made to maintain and increase the ounds of rec clables er household collected
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from their residential recyclin.g programs.
If a municipality does� not demonstrate measureable progress, a recycling improvement plan
must be submitted by the, municipality within 90 days of being notified by the county. The
r�cyc�i�g i�pro�E�ri�r� p��ri �nust �� n�go�iated witn �he county and speci the eTforts tnat
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will be undertaken by the municipality to improve its recycling proqram to yield the results
necessary to achieve county objectives.
In cooperation with the county, the municipality may be required to participate in waste and
recycling sorts to identify recovery levels of various recyclables in its communit . Based on
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the results of the study, the county and municipality will collaborate to increase the recovery
of select recyclable materials being discarded in significant quantities.
E. G ra nt Paym e nts
The county will make two equal payments to the municipality. One payment will be made after
the county rec�i��s the a�plication, which cc�nsists of the web-ba�sed r�port and the planning
document. A second payment will be made after basic program requirements, education and
ou�treach requiremen�s, and ;�cycling perfcr�ance have bee� confirmed and appr�oved. �f the
municipality meets the county requirements, both payments will be made during the same
calendar year. Funding will be withheld until the municipality meets the requirements of this
policy.
III. 4r anics Rec clin
� y �
A. Allocation of Funds
The following formula will be utilized to determine a city's organics recycling SCORE grant each
year:
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� � .. � � � � , � , ;• �; � �; • ' • • . ' •
2017
2018
2019
2020
2���0
30%
40%
50%
City organics recycling grant calculation:
Number of househoids with
curbside organics in city Total SCORE
--------------------------------- x funds available for
Totai number of households organics
�v��r� c�.�r��i�� �r���ic� i_r�
county
Organics grant
= amount available
to the city
If the formula above results in cities receiving grants where the dollar amount per participating
household is greater than $25 per year, then a cap will appl�. The funding cap per participating
household is $25 per year. The most the county will grant a city is $25 per participating
household per year. If funds are left over because of the cap, those funds will carry over into the
following year's SCORE funds.
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Eligible residential households are defined as single family through eight-plex re�sidential
bui(din s or other residential buildings where the ho�asehold is signed �p for organics service
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and the household sets out its own container with organics for curbside� collection. The number
of eligible households will be determined by counting the number of eligible households on
September 1 0� each fiund�rg year. The city e�vill report the number in �he app�ication for fiun�ing.
B. Application fior Funds
Each munici alit must complete an annual application provided by the county by September 1
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to receive funding. As a part of the application, a city must submit the number of households
signed up for and receiving curbside organics service.
C. Use of Funds
The grant funds may be used for program expenses, including the following:
• Discount to new customers
• Discount to existing customers
• Referral incentives
� City contract costs
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• Education and outreach
• Compostable bags
° Kitchen containers
° Ca rts
Program administration is not an eligible expense. Yard waste expenses are not eligible. If
organics are co-.collected with other waste, the organics expenses must be tracked separately. If
a city passes funds through to a hauler, 100% of those funds must be credited to residents' bills.
In addition, the following requirements apply:
� All grant funds must be used during the term of the agreement. Funds not spent must be
returned to the county.
• Fur�ds must be expended on eligible activities per Minnesota State Statute 115A.557.
• a mu�icipality or joint powers organization may not cnarge its residents through
property tax, utility fees, or any other method for the portion of its organics program
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costs that are funded by county grant funds.
• Municipalities must account for organics expenditures separately upon request by the
county. Expenditures are subject to audit.
D. Education and Outreach Requirements
� The partnership between the county and municipalities has been highly effective in educating
residents and motivating behavior change. In order to continue this partnership and increase
these efforts, program activities of municipalities must be coordinated with county and regional
efforts. The followin�g requirements apply:
1. Use county terminology when describing organics recycling guidelines, including the
description of materials accepted and not accepted, preparation guidelines, and
promotional materials;
2. Use images provided by the county or the SWMCB if using images of organic materials;
3. Provide organics recycling information on the city's website, including material accepted
and not accepted, service options, and links to county resources;
4. Work with the county to develop promotional resources to increase participation.
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. R�porti g _
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A report on the city's organics program must be submitted electronically to the county by ;
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February 15 following each year. The report must include, but is not (imited to, the foliowing: i
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Basic Pro ram Information �
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- Hauler(s) �
• Collection method �
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� Where organics were delivered to and processed `
• v' -i r - �
Is ser �ce opt n o opt out
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• Cost of service to residents; contract cost for city .
• How the service was billed
_ _ �
,
• Items inciuded in service, such as curbside collection, cart, compostable bags, etc. �
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Resu Its i
,
,
• Tons '
• Number of households signed up �
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Average pounds per household per year E
• Participation (set-out rate on pickup day)
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• Prog�ram costs �
• How funds were used �
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F. Grant Payment �
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t
The county will make one organics grant payment to a municipality each year. The payment will �
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be made after the county receives the application and confirms that the municipality meets the ,``
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requirements of this policy. �
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