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IV.4. Approval of Resolution 2022-008 Approving the 2022-2025 Residential Waste Reduction and Recycling Grant Agreement with Hennepin County; HoveJanuary 31, 2022 City Of IjOpkiilS Council Report 2022-014 APPROVE RESOLUTION 2022-008, APPROVING THE 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WI'�'H HENNEPIN COUNTY Prouosed Action Staff recommends the following motion: Approve Resolution 2022-008, approving the 2022- 2025 residential waste reduction and recvclin� ant agreement with Hennepin Countv. Overview Approving this grant agreement will result in the continuation of funds received from the Hennepin County Select Committee on Recyeling and the Environment (SCORE) grant to support Hopkins' residential single-sort recycling and organics recycling programs through December 31, 2025. By signing this document, the City of Hopkins agrees to continue to operate its single-sort recycling and organics recycling programs in accordance with the requirements described in the County's Residential Recycling Funding Policy. Staff recommends approving this grant agreement in order to support the residential curbside single-sort recycling and organics recycling programs. Supporting Information • Resolution 2022-008 • Contract No. PR00003878 — Residential Waste Reduction and Recycling Grant Agreement • 2022-2025 Hennepin County Residential Recycling Funding Policy �� �V Pam Hove, Solid Waste Coordinator Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA Resolution No. 2022-008 RESOLUTION TO APPROVE THE 2022-2025 RESIDEN�IAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT VIIITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling and organics recycling program; and WHEREAS, the Hennepin County Board at its October 26, 2021 meeting adopted a funding policy to continue to fund cities within Hennepin County for the contract period of January 1, 2022 through December 31, 2025; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS, the City wishes to receive these grant funds each year. NOW, THEREFOFtE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Administrator or his designee to execute such Residential Waste Reduction and Recycling Grant Agreement with the County. This resolution was passed by the City of Hopkins City Council on January 31, 2022. Patrick Hanlon, Mayor ATTEST: Amy Domeier, City Clerk Contract No: PR00003878 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT This Agreement is between the COLTNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Environment and Energy Deparhnent, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("COiJNTY"), and CITY OF HOPKINS, 11100 Excelsior Boulevard, Hopkins, Minnesota 55343 ("GRANTEE"), a Minnesota government entity. The parties agree as follows: TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements ("Grant Requirements"), if any, commencing upon execution and expiring December 31, 2025, unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments ("Grant Funds") shall be calculated as set forth in Section 3. 2. GRANT REOUIREMENTS GRANTEE shall apply for annual grant funds and operate its Waste Reduction and Recycling Programs as more fully described in Attachment A, the Residential Waste Reduction and Recycling Funding Policy. 3. GRANT DISBURSEMENT The COUNTY will distribute SCORE funds that the COUNTY receives from the state to Hennepin County municipalities. SCORE funds will be dedicated to the following different purposes: 1) general fiznding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, 4) multifamily waste reduction and recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT 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 COLJNTY in the state's corresponding fiscal year. A. Waste reduction and recycling programs COiJNTY will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. The following formula will be used to calculate GRANTEE's waste reduction and recycling grant amount. Number of eligible households with curbside recycling in city Total number of eligible households with curbside recycling in county 40% of SCORE x funds available Waste reduction and recycling = grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. GRANTEE will report the number in its application for funding. B. Curbside organics recycling programs COUNTY will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate GRANTEE's curbside organics recycling grant amount. Target number of households with curbside organics recycling in city 50% of SCORE x funds available Curbside organics recycling grant = amount available to Total number of households with the city curbside organics recycling in county Initial participation targets (as a percent of households with curbside recycling service): • 50% for cities that contract for organics recycling service • 10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites COiJNTY will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. D. Multifamily waste reduction and recycling 2 COUNTY will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate GRANTEE's multifamily waste reduction and recycling grant amount. Number of multifamily households in city Total number of multifamily households in county 10% of SCORE x funds available minus organics drop-offfunds Multifamily waste reduction and = recycling grant amount available to the city Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection; or 2) households in buildings that do not receive recycling collection service through the city,.including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. The COLJNTY will make two equal payments to the GRANTEE. Those two payments will provide the sum of each city's total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamiiy waste reduction and recycling. One payment will be made after COUNTY receives the applications for funding from GRANTEE. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If GRANTEE meets the requirements, both payments will be made during the same calendar year. �4. INDEPENDENT CONTRACTOR GRAIVTEE shall select the means, method, and manner of perfornung Grant Requirements, if any. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as co.nstituting GRANTEE as the agent, representative, or employee of COIJNTY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. GRANTEE shall secure at its own expense all personnel required in completing Grant Requirements, if any, under this Agreement. GRANTEE's personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COIJNT'Y shall not be responsible for any claims related to or on behalf of any of GRANTEE's personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act 3 (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, 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, unemployrnent compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION In accordance with COiJNTY's policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 6. INTENTIONALLY OMITTED 7. 1NDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COLTNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney's fees, resulting directly or indirectly from any act or omission of GRANTEE, 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 this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under tius 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 GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. INSIJRANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 9. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify 4 COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 10. DATA PRIVACY AND SECURITY A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COIJNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as "trade secret" by GRANTEE does not necessarily make the data protected as such under any applicable law. B. In addition to the foregoing MGDPA and other applicable law obligations, GRANTEE shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, "County Data" means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from ar through COUNTY 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. If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COLTNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, GRANTEE shall notify COiJNTY of the inconsistency and follow COLJNTY direction. GRANTEE shall immediately notify COLTNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying GRANTEE's indemnification obligations herein. C. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COLTNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COL7NTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the County 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 County Data; and shall not do anything which in the opinion of COLTNTY would affect COiJNTY's ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY's request, certify destruction of any County Data so specified by COiJNTY. 11. RECORDS — AVAILABILITY/ACCESS Subject 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 GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 12. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COLTNTY may deem necessary, accomplished by execution of a form prepared by COLTNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no 0 circumstances relieve GR.ANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COLJNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor's services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors a�ailable upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COLJNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by CO�i1NTY of GRANTEE's full compliance with the requirements of this Section: (1) COUNTY's request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY's review, extent of review or lack of review of any such contracts; or (3) COIJNTY's statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE's receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 13. MERGER MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporat� 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 prevail. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. 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, 7 modified or waived by any change order, implementation plan, scope of work, 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. 14. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE 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 shall be in default. Unless GRANTEE's default is excused in writing by COiJNTY, 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 COLTNTY to delay payment until GRANTEE's compliance. In the event of a decision to withhold payment, COLTNTY shall furnish prior written notice to GRANTEE. B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COLTNTY by viriue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payxnents to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COLTNTY from GRANTEE is determined. Following notice from COiJNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. D. COLJNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or � waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. This Agreement may be canceled/terminated with or without cause by COUNTY upon thirty (30) days' written notice. F. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE 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 GRANTEE has performed work toward a deliverable that COLTNTY has not accepted at the time of expiration, cancellation or termination, GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit 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 Ageement. G. Upon written notice, COI7NTI' may immediately suspend or canceUterminate this Agreement in the event any of the following occur: (i) COIJNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, inaufficient. COUNTY is not obligated to pay for any costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/terniination except that COUNTY shall not be obligated to pay any amount as or for penalties, early ternunation fees, charges, time and materials for costs, expenses or profits on work done. H. GRANTEE has an affirmative obligation, upon written notice by COUNTY that this Ageement may be suspended or cancelled/terminated, to follow reasonable directior�s by COLTNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 15. SUIZVIVAL OF P�ZOVISIONS Provisions that by their nature are intended to survive the term, cancellation or ternunation of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANGE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 16. GRANT ADMINISTRATION Kaitlin Steinberg, Waste Reduction and Recycling Specialist, or their successor ("Grant Administrator"), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Pam Hove at phove@hopkinsmn.com or (952) 548-6351 shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. �] 17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. C. If the source or partial source of funds for payment under this Agreement is from federal or state monies or from a federal, state or other grant source, GRANTEE is bound by and shall comply with applicable law, rules, regulations, applicable documentation or other COLJNTY directives relating to the source and utilization of such funds. 18. RECYCLING COLTNTY encourages GRANTEE to establish a recycling program for at least three materials, such as newsprint, office paper, glass, plastic, and metal. 19. 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 COiJNTY shall be sent to the County Administrator with a copy to the originating COLJNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE's Form W-9 provided to COIJNTY. 20. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE's knowledge, GRANTEE's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify COiJNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. Unless waived by COiJNTY, a conflict or potential conflict may, in COiJNTY's discretion, be cause for cancellation or termination of this Agreement. 10 21. MEDIA OUTREACH GRANTEE shall notify COUNTY, prior to publication, release or occurrence of any 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 COUNTY, 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 communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, GRANTEE (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 Grant Requirements performed hereunder or COi7NTY personnel, including but not limited to COUNTY employees and elected officials. 22. MINNESOTA LAWS GOVERN 'Phe laws of the state of Minnesota shall 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. 23. HENNEPIN COUNTY PERSONAL PROPERTI' TAX AND PROPERTY TAX GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before the date of the execution of this contract. If the County fmds that property taxes have not been paid by GRANTEE, GRANTEE's owner and GRANTEE's board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed. THIS PORTION OF PAGE 1NTENTIONALLY LEFT BLANK 11 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: Reviewed for COiJNTY by: Board Resolution No: Document Assembled by: � S� Kaitfin Steinberg (Jan 25, 2022 13:59 CST) Kaitlin Steinberg E-signed 2022-01-25 01:59PM CST kaitlin.steinberg@hennepin.us 6:`r/ Attachments 12 COUNTY OF HENNEPIN STATE OF MINNESOTA By: ATTEST: : GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances. * I� Pam Hove E-signed 2022-01-27 08:36AM CST phove@hopkinsmn.com City of Hopkins Solid Waste Coordinator *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. 13 Attachment A- Residential Waste Reduction and Recycling Funding Policy HEf�NEPIN CC�UNTY MINNESOTA Residential Waste Red uction a nd Rec clin Fundin Polic � g g y January 1, 2022 — December 31, 2025 Departrnent communication to the Hennepin County Board of Commissioners on October 5, 2021 I. Policy Overview A.Background The Hennepin County Board of Commissioners has determined that residential waste reduction and recycling programs support county goals to make progress toward zero waste, reduce greenhouse gas emissions, and reduce disparities associated with waste disposal. The county has adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Waste Reduction and Recycling Funding Policy to help reach a 75% recycling rate by 2030. B. SCORE funds The county receives funding from the state's Select Committee on Recycling and the Environment (SCORE) for the development and implementation of waste reduction and recycling programs. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management tax (SWMT) on garbage services and are subject to change based on the SWMT revenue received by the state and funds allocated by the legislature. C. Support for city programs City recycling programs play an important role in the solid waste management system. The county has funded city programs for over 30 years and will use this policy to make available all SCORE funds to cities for residential waste reduction and recycling programs. SCORE funds wil) be dedicated to four different purposes: 1) general funding for waste reduction and recycling programs, 2) curbside organics recycling programs, 3) organics drop-off sites, and 4) multifamily waste reduction and recycling. Funds distributed to cities for a calendar year will be based on SCORE funds received by the county in the state's corresponding fiscal year. D. Term of the policy Hennepin County is committed to implementing this policy from January 1, 2022 through December 31, 2025. The county may revise this policy to align with strategic priorities developed in the zero waste plan or solid waste management master plan. In addition, the county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. If SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with cities at that time and develop a recommendation to the board on future funding for residential waste reduction and recycling programs. Communicated October 5, 2021 E. Grant agreements Each city seeking funding under the terms of the Residential Waste Reduction and Recycling Funding Policy must enter into a grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2025. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. If cities form a joint powers organization responsible for waste reduction and recycling programs, the county will enter into a grant agreement with that entity and distribute funds to that organization. II. Allocation of Funds SCORE funds will be dedicated to the following purposes: • General funding for waste reduction and recycling programs • Curbside organics recycling programs • Organics drop-off sites • Multifamily waste reduction and recycling A. Waste reduction and recycling programs The county will dedicate 40% of SCORE funds to provide funding for city waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on number of eligible households with curbside recycling service. The following formula will be used to calculate a city's grant amount. Number of eligible households with curbside recycling in city Total number of eligible households with curbside recycling in county 40% of SCORE funds available Waste reduction and recycling - grant amount available to the city Eligible households are defined as households in single family through fourplex residential buildings or other residential buildings where each household has its own recycling collection container to set out for curbside collection and receives recycling collection service through the city. In cities with open recycling collection, eligible households are defined as households in single family through fourplex residential buildings where each household has its own recycling collection container to set out for curbside collection. The number of eligible households will 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. Communicated October 5, 2021 2 B. Curbside organics recycling programs The county will dedicate 50% of SCORE funds to provide funding for curbside organics recycling programs. Funds will be allocated using participation targets for each city. Funding is not contingent upon meeting the participation target. The following formula will be used to calculate a city's grant amount. Target number of households with curbside organics recycling in city Total target number of households with curbside organics recycling in county X 50% of SCORE funds available Curbside organics = recycling amount available to the city Initial participation targets (as a percent of households with curbside recycling service): • 50% for cities that contract for organics recycling service • 10% for cities that require haulers to offer organics recycling service C. Organics drop-off sites The county will dedicate up to $3,300 per eligible city to provide funding for organics drop-off site expenses. Cities with a population of less than 10,000 are eligible. E. Multifamily waste reduction and recycling The county will take 10% of SCORE funds, subtract the amount allocated to organics drop-off sites, and dedicate the remainder to provide funding for multifamily waste reduction and recycling programs. For the purposes of this policy, city waste reduction and recycling programs include organics recycling. Funds will be allocated based on the number of multifamily households. The following formula will be used to calculate a city's grant amount. Number of multifamily households in city Total number of multifamily households in county 10% of SCORE X funds available minus organics drop-off funds Multifamily waste reduction - and recycling amount available to the city Communicated October 5, 2021 3 Multifamily households in cities with organized recycling collection are defined as 1) households in buildings where each household does not have its own recycling collection container to set out for curbside collection, or 2) households in buildings that do not receive recycling collection service through the city, including apartment buildings, condominiums, townhomes, and cooperative housing units where a property manager or association coordinates collection service. Multifamily households in cities with open recycling collection are defined as households in residential buildings larger than a fourplex. III. Application for Funding A. General program and curbside organics application To receive funding for waste reduction and recycling programs and curbside organics recycling, each city must complete an annual grant application by February 15 of that year. The application consists of a web-based report that requests the following: contract, program, tonnage, and financial information. The participation rate for the curbside recycling program must also be included in the web-based report. The city must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The county may request additional information, such as a planning document with a description of act+vities the city will implement to increase recycling and make progress toward county objectives. B. �rganics drop-off sites and multifamily supplementary application To receive funding for organics drop-off sites and multifamily waste reduction and recycling, each city must submit a supplementary grant application form annually. The county will provide this form by February 15 and the city must complete it by March 15 of that year. IV. Use of Funds A. Conditions applying to all funds The following requirements apply to the use of all funds: 1. Funds must be expended on eligible activities per Minnesota Statutes §115A.557. All grant funds accepted from the county must be used in the year granted unless the county agrees to an exception. The county will not provide any funds in excess of actual expenses. Funds not spent must be returned to the county. Communicated October5, 2021 4 3. A city or joint powers organization may not charge its residents through property tax, utility fees, waste fees, environmental fees, or any other method for the portion of its waste reduction and recycling program costs that are funded by county grant funds. 4. Cities must track expenditures for waste reduction and recycling programs, curbside organics recycling, organics drop-off sites, and multifamily waste reduction and recycling and establish accounting mechanisms to provide the information requested in the financial section of the annual grant application. 5. Waste reduction and recycling activities, revenues, and expenditures are subject to audit. B. Curbside organics use of funds Curbside organics grant funds may be used for program expenses, including the following: • Incentives for participation (service discounts, countertop pails, compostable bags) • City contract costs • Education and outreach • Carts • Other expenses approved by the county 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. C. Organics drop-off sites use of funds Organics drop-off site grant funds may be used for program expenses, including the following: • Hauling and disposal • Dumpsters or carts • Site construction • Education and outreach • Incentives for participation (countertop pails, compostable bags) • Other expenses approved by the county D. Multifamily waste reduction and recycling use of funds Cities that choose to apply for multifamily waste reduction and recycling funding will work with the county to identify eligible activities that are customized to the city's goals and needs. ThesE activities will be determined through the supplementary grant application process. Communicated October 5, 2021 Unused funds will be used by the county to provide multifamily waste reduction and recycling program services. Multifamily resources provided by the county, including reusable tote bags/baskets and multifamily specific signs and labeis, are not eligible expenses. V. City Requirements A. Materials accepted A city's curbside collection program must accept a list of mixed recyclables as selected by the county in consultation with haulers, local material recovery facilities, and end markets. The county will update the list of materials as needed, distribute the list to city recycling coordinators, and post the list on the county's website. B. Education and outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. To continue this partnership and increase these efforts, city waste reduction, recycling and organics recycling activities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: 1. Use county terminology on promotional and educational materials when describing recycling and organics recycling guidelines, including the description of materials accepted and not accepted, as well as when describing preparation guidelines. 2. Use images approved by the county if using images of mixed recyclables and organic materials. 3. Provide the following information on the city's website; • Recycling and organics recycling materials accepted and not accepted • Curbside collection calendar • Organics drop-off site(s) information • Links to county resources and programs 4. Provide a guide on recycling and organics recycling to residents each year. The guide shall contain information on curbside collection, materials accepted and not accepted, organics drop off site information (if applicable), and a curbside collection calendar. 5. Complete two or more waste reduction, recycling and organics recycling educational activities annually that include the promotion of curbside collection. The county will provide a list of activities to city recycling coordinators. These activities are in addition to the provision of an annual guide. Communicated October 5, 2021 6. If a city develops its own educational materials, does not use a template produced by the county, does not utilize design services offered by the county, or relies on a hauler to provide an annual guide, then the city must submit the materials to the county for approval. C. Waste reduction and recycling performance On an annual basis, cities must demonstrate that a reasonable effort has been made to improve waste reduction and recycling programs. if a city does not demonstrate measurable progress, a waste reduction and recycling improvement plan must be submitted by the city within 90 days of being notified by the county. The waste reduction and recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its program to yield the results necessary to achieve county objectives. In cooperation with the county, the city may be required to participate in waste sorts and community engagement to identify strategies to improve waste reduction and recycling outcomes. VI. Grant Payments The county wil� make two equal payments to the city. Those two payments will provide the sum of each city's total grant amount for general waste reduction and recycling programs, curbside organics recycling programs, organics drop-off sites, and multifamily waste reduction and recycling. One payment will be made after the county receives the applications for funding. A second payment will be made after basic program requirements, education and outreach requirements, and performance have been confirmed and approved. If the city meets the county requirements, both payments will be made during the same calendar year. Cities are expected to fulfill the conditions of this policy and the requirements of Ordinance 13. It is the responsibility of each city to meet the requirements of Ordinance 13. The implementation of the county requirements for cities shall be the responsibility of each respective city. If any city fails to establish or implement any or all of the city requirements in Ordinance 13, all SCORE funding will be withheld until the city meets the requirements or a waste reduction and recycling improvement plan is negotiated with the county. Communicated October S, 2021