HomeMy WebLinkAboutItem 06.d Date: November 16, 2020 Item No.
AGREEMENT WITH DAKOTA COUNTY FOR
2021 COMMUNITY WASTE ABATEMENT GRANT PROGRAM APPLICATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with Dakota
County for 2021 Dakota County Community Waste Abatement Grant Program Application.
Overview
Dakota County operates a Community Waste Abatement Grant Program to assist cities in
operating local recycling programs. The Cities of Apple Valley, Burnsville, Eagan and Lakeville
collectively share recycling efforts and responsibilities through a partnership and program named
Dakota Valley Recycling (DVR). The City of Burnsville is the lead agency and manages DVR.
DVR’s 2021 Dakota County Community Waste Abatement Grant Program Application
(representing all four participating cities) requests grant funding in the amount of $309,943.00
with a grant match in the amount of $77,485.75 (25%). The total cost of DVR’s 2021 program is
$387,428.75. The application and work plan are consistent with Dakota County’s solid waste
guidelines and recommendations.
Primary Issues to Consider
• The City’s share of the grant match is approximately $17,825 and paid through providing
in-kind services and associated events/programs (Watershed Cleanup/Earth Day Event).
• Funds are used to develop educational outreach activities and implement programs for
residents/businesses that positively promote waste reduction, reuse and recycling.
Supporting Information
• Community Waste Abatement Grant Agreement (Dakota County Contract C0033321)
Financial Impact: $17,825 Budgeted: Y☒ N☐ Source: Utility Fund – Env. Res.
Related Documents: Agreement to Provide Recycling Services (Dakota Valley Recycling)
Envision Lakeville Community Values: High Quality Education; A Sense of Community and
Belonging
Report Completed by: Ann Messerschmidt, Environmental Resources Specialist
Dakota County Contract #C0033321
2021 Grant Agreement Page | 1 of 8
COMMUNITY WASTE ABATEMENT
2021 GRANT AGREEMENT
This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County
of Dakota, acting through its Environmental Resources Department (County) and the City of Burnsville, itself and acting as
the fiscal agent for the cities of Apple Valley, Eagan, and Lakeville (Grantee).
WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551);
and
WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste
abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and
WHEREAS; the Dakota County Solid Waste Master Plan (Master Plan) governs all solid waste management in the
County (Minn. Stat. § 115A.46); and
WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the
Master Plan (Minn. Stat. § 115A.46); and
WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste
abatement programs, education, and outreach; and
WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the
Community Waste Abatement Grant Program; and
WHEREAS, funding amounts are established by the County Board each year as part of the Environmental Resources
Department (Department) budget; and
WHEREAS, the Grantee agrees to perform all activities described in this Agreement and Dakota County Waste
Abatement Community Grant Program Exhibits 1 (Guidelines) and 2 (Application) (collectively referred to as the
“Exhibits”) to the satisfaction of the County.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants
contained in this Agreement, the County and the Grantee agree as follows:
AGREEMENT
1. PURPOSE. The purpose of this Agreement is to provide grant funding to eligible municipalities to implement solid
waste abatement activities as described in this Agreement and the Exhibits.
2. ELIGIBILITY. Eligible municipalities include Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove
Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St. Paul.
3. PARTIES. The parties to this Agreement are the County and Grantee, collectively referred to as the “parties”.
4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall commence on
January 1, 2021 and terminate December 31, 2021, unless earlier terminated by law or according to the provisions of
this Agreement.
A. The activities identified in Exhibit 2 must be completed between January 1, 2021 and December 31, 2021.
B. To obtain reimbursement for the activities identified in Exhibit 2, and completed between January 1, 2021 and
December 31, 2021, a reimbursement request must be submitted on or before March 15, 2022.
5. GRANTEE OBLIGATIONS. The Grantee shall:
A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master
Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and the Exhibits.
B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1.
C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County
report forms (Exhibit 2) and additional agreed-upon reporting tools provided by the County Liaison.
6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantee may use allocated funds only on eligible items as identified in
Exhibit 1 and completed within the calendar year of this Agreement. Other waste abatement expenses may be eligible
with prior written approval from the County Liaison.
Dakota County Contract #C0033321
2021 Grant Agreement Page | 2 of 8
7. FUNDING AMOUNT. Grantees receive performance-based funding in part from a pass-through grant from the State.
Funding amounts are contingent upon available State and County funds and reflect the funding levels approved by
the County Board as part of the annual budget. Base Funding is allocated for administration, residential
communications, municipal facilities best management verification and employee education, and special collections.
Optional Supplemental Funding is allocated for multifamily recycling, municipal facilities/parks infrastructure or reuse,
in-person education, event recycling/organics, and to meet funding gaps in eligible grant categories. The allocated
funding for the Grantee, or the fiscal agent of a legal entity acting on its behalf, shall be in the total amount not to
exceed $309,943.00, as set forth in Exhibit 2.
8. FUNDING MATCH. Grantee shall provide a 25% match of the total reimbursed grant funding amount through a cash
match, in-kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the
grant (i.e., any eligible expenses, whether new or ongoing).
9. FUNDING SOURCE ACKNOWLEDGEMENT. Provide funding source credit on all print materials, written as: Partially
funded by Dakota County and the Minnesota Pollution Control Agency.
10. RECORDS. The Grantee shall maintain financial and other records and accounts in accordance with requirements of
the County and the State of Minnesota. The Grantee shall manage funds in a dedicated account, maintain strict
accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be
maintained in a form which will permit the tracing of funds and program income to final expenditure. All records and
accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt
of payment from the County pursuant to this Agreement.
11. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set
forth in this Agreement and the Exhibits on a report form provided by the County. Grantees may request
reimbursement for eligible expenses, less revenues or other funds received, incurred in connection with the
performance of activities in accordance with this Agreement and the Exhibits on a reimbursement form provided by
the County.
Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calendar year and by
January 15 following the grant calendar year. The Grantee must certify that the requested reimbursements are
accurate, appropriate and eligible in accordance with this Agreement, that the Grantee has submitted complete
documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not
been otherwise reimbursed.
Reimbursement requests must be supported by documentation such as vendor invoices, receipts, or detailed financial
reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary
and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for
reimbursement for each individual municipality.
Payment will not be made for activities on reimbursement requests with incomplete documentation. Complete
reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be
made to the Grantee within 30 calendar days of approved reimbursement request submissions. No reimbursements
will be made for expenditures incurred prior to the effective date of this Agreement or for reimbursement requests
received after February 15 following the grant calendar year.
12. FAILURE TO PERFORM. Upon review of each Grantee report, the County Liaison will notify the Grantee in writing of
any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of
the County within the terms of this Agreement.
13. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve
modifications to the Funding Amount activities as requested by the Grantee, as long as the amount payable does not
exceed the amount allocated in Section 7 and so long as the proposed modifications are consistent with the
Agreement and Exhibits. The County Liaison shall have the authority to approve modifications to the Application
activities and related expenses within a funding category as requested by the Grantee, so long as the proposed
modifications are consistent with the Agreement and Exhibits.
14. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased
by the Grantee or by the County and provided to the Grantee to fulfill Grant obligations shall be the sole property of
the Grantee.
Dakota County Contract #C0033321
2021 Grant Agreement Page | 3 of 8
15. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and
the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its
officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other
applicable laws govern liability of the County and Grantee. The provisions of this section shall survive the expiration
or termination of this Agreement.
16. AUTHORIZED REPRESENTATIVES: The following named persons are designated as the Authorized
Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they
represent and to consent to modifications, except that the Authorized Representatives shall have only the authority
specifically granted by their respective governing boards. The parties shall provide written notification to each other of
any change to the Authorized Representative. Notice required to be provided pursuant this Agreement shall be
provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a
modification of this Agreement.
TO THE COUNTY
TO THE GRANTEES
Georg T. Fischer, or successor, Director Mary Hamann-Rolland, or successor, Mayor
Environmental Resources Department Elizabeth Kautz, or successor, Mayor
14955 Galaxie Avenue
Apple Valley, MN 55124
Mike Maguire, or successor, Mayor
Doug P. Anderson, or successor, Mayor
17. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide
ongoing consultation, a liaison shall be designated by the County and the Grantee. The County and the Grantee shall
keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of
this Agreement, the following persons are the designated liaisons:
COUNTY LIAISON GRANTEE LIAISON
Gena Gerard Sue Bast
Environmental Specialist Environmental Specialist
952-891-7021 952-895-4524
gena.gerard@co.dakota.mn.us Sue.bast@burnsvillemn.gov
18. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice
or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a
material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination
shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition,
notification to the County or the Grantee regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Termination of this
Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or
failure to adequately perform the terms of this Agreement prior to the effective date of termination.
19. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the
contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota
Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to
allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the
Grantee by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any
services that are provided after written notice of termination for lack of funding. The County will not be assessed any
penalty or damages if the Agreement is terminated due to lack of funding.
20. USE OF CONTRACTORS. The Grantee may engage contractors to perform activities funded pursuant to this
Agreement. However, the Grantee retains primary responsibility to the County for performance of the activities and
the use of such contractors does not relieve the Grantee from any of its obligations under this Agreement. If the
Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the contract for such
services shall include the following provisions:
A. The contractor must maintain all records and provide all reporting as required by this Agreement.
Dakota County Contract #C0033321
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B. The contractor must defend, indemnify, and hold harmless and save the County from all claims, suits, demands,
damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the
contracted work, caused in whole or in part by any negligent act or omission of the contractor, including
negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be
liable.
C. The contractor must provide and maintain insurance through the term of this Agreement in amounts and types
of coverage as set forth in the Insurance Terms, which is attached and incorporated as Exhibit 3, and provide
to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such
insurance coverage.
D. The contractor must be an independent contractor for the purposes of completing the contracted work.
E. The contractor must acknowledge that the contract between the Grantee and the contractor does not create
any contractual relationship between County and the contractor.
F. The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions
having jurisdiction over the activities.
G. The contractor must use County toolkits (i.e., text, content, images) and follow the County’s Waste Abatement
Education and Outreach Style Guide to provide standardized messaging.
21. COMPLIANCE WITH LAWS/STANDARDS. The County and Grantee agree to abide by all federal, state or local
laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to
the facilities, programs and staff for which either party is responsible, including but not limited to Minn. Stat. § 115A,
which requires cities to collect recyclable materials at all facilities under their control, wherever trash is collected, and
to transfer the recyclable materials to a recycler.
22. EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage
resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's
reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events
may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
23. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE.
A. In General. All remedies available to either party for breach of this Agreement are cumulative and may be
exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of
such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not
exclusive and are in addition to any other rights and remedies provided by law.
B. Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the
waiving party’s Authorized Representative. A waiver is not an amendment to the Contract. The County’s failure to
enforce any provision of this Contract does not waive the provision or the County’s right to enforce it.
24. RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and
practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and
audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds
provided under this Agreement use federal funds these records are also subject to review by the Comptroller General
of the United States and his or her approved representative. Following termination of this Agreement, the parties must
keep these records for at least six years or longer if any audit-in-progress needs a longer retention time.
25. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only
be valid when they have been reduced to writing and signed by the authorized representatives of the County and
Grantee.
26. ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of
the other party. Consent under this section may be subject to conditions.
27. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13.
28. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All
proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of
Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement.
Dakota County Contract #C0033321
2021 Grant Agreement Page | 5 of 8
29. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There
are no representations, warranties, or provisions, either oral or written, not contained herein.
30. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder
of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair
the value of the entire Agreement with respect to either party.
31. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Contract
are intended to authenticate this writing and to have the same force and effect as wet ink signatures.
This Agreement may be executed in one or more counterparts, each of which so executed and delivered counterpart is
original, and such counterparts, together, shall constitute the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below.
FOR DAKOTA COUNTY
(I represent and warrant that I am authorized to
execute this contract on behalf of Dakota County.)
By: _____________________________________
Georg T. Fischer, Environmental Resources
Department Director
Date of signature:__________________________
APPROVED AS TO FORM:
/s/ Helen R. Brosnahan 10/29/20
Assistant County Attorney/Date
KS-20-212-002
Dakota County Contract #C0033321
County Board Res. No. 19-577
CITY OF BURNSVILLE
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
Attest: __________________________________
Title: ___________________________________
Date: ___________________________________
Dakota County Contract #C0033321
2021 Grant Agreement Page | 6 of 8
CITY OF APPLE VALLEY
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
Attest: __________________________________
Title: ___________________________________
Date: ___________________________________
Dakota County Contract #C0033321
2021 Grant Agreement Page | 7 of 8
CITY OF EAGAN
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
Attest: __________________________________
Title: ___________________________________
Date: ___________________________________
Dakota County Contract #C0033321
2021 Grant Agreement Page | 8 of 8
CITY OF LAKEVILLE
(I represent and warrant that I am authorized by law to
execute this contract and legally bind the Grantee.)
By: _____________________________________
Signature line
Printed Name:_______________________
Title: ______________________________
Telephone:_________________________
Date of signature:_______________________
Attest: __________________________________
Title: ___________________________________
Date: ___________________________________
2020 Dakota County Multifamily Recycling
Program: Grant Guidelines
I.Introduction
Dakota County (County) is required by state law to develop programs to achieve a 75% recycling rate for all
waste generated in Dakota County. Dakota County Ordinance 110 requires all commercial entities,
including multifamily properties, to recycle a designated list of materials (paper, cardboard, metals, plastic,
glass, cartons) and meet best management practices (e.g., co-located and labeled recycling and trash
containers).
II.Available Assistance
The Dakota County Multifamily Recycling Program can assist property owners and managers comply with
state and local requirements. Funding and resources are available to:
•Reduce or prevent waste
•Start or improve recycling (e.g., paper, cardboard, metals, plastic, glass, cartons)
•Start or expand back-of-house* organics (food waste) collection
A.Funding
Eligible multifamily businesses/organizations can apply for funding up to $10,000 (maximum per
location) for eligible items. No matching funds are required. Eligible items include containers, organics
hauling service, compostable bags, equipment, and other items more fully described in Section V.
Eligible multifamily businesses/organizations can apply up to two times through a new or amended
application, along with a new or amended contract, if (a) justified by a new scope of work (e.g., adding
organics collection) and (b) the $10,000 limit per location will not be exceeded.
B.Free Technical Assistance
A County liaison will provide free technical assistance to eligible multifamily businesses and
organizations. Three touch points with the County liaison are provided:
1.Onsite visit to determine what is needed to implement a successful waste diversion project and
to assist with completing and submitting a full application.
2.Onsite assistance to help implement the project – from container placement to employee
education and trouble-shooting.
3.Assistance with project evaluation, including project reporting.
C.Free Labels, Signage, and Educational Resources
Dakota County will provide free container labels in a variety of sizes for recycling, organics, and trash.
Labels are color-coded and meet County ordinance requirements for standardized terminology and
images. Dakota County will also provide signage for common areas and trash chutes and educational
pieces for property managers and tenants.
Dakota County Contract #C0033321
Exhibit 1 - Page 1 of 4
III. Application Process
Multifamily businesses/ organizations must complete the application provided by Dakota County.
Applications are accepted from eligible businesses/organizations on a first-come, first-served basis until
funds are fully allocated. During the review process, Dakota County staff may contact the applicant for
additional information or to clarify the proposal.
IV. Eligible Applicants
Multifamily businesses/organizations with the following characteristics are eligible to participate:
A. Control of Trash and Recycling Collection Services
Applicant must be responsible for managing hauling contract(s) for the property(ies) owned,
leased, rented, managed, or maintained by the applicant.
B. Additional Criteria
1. Residential buildings and dwellings with two (2) or more adjoining units;
2. Common areas such as laundry rooms, mail pickup area, and community rooms where waste is
collected; and
3. Physically located in Dakota County. If the multifamily business/organization has multiple
locations, each location in Dakota County is eligible for funding.
V. Eligible and Ineligible Expenses
Funds are available to help reduce waste, start or improve collection of recyclables, and/or start or improve
back-of-house organics collection.
A. Eligible Expenses
1. Recycling and Organics Bins and Containers: bins and containers for collecting recyclables at
multifamily facilities, both indoors and outdoors. This includes totes, pails, carts, cart tippers,
and other waste containers for transportation of recyclable materials to containers serviced by
the waste hauler. Compostable bags, organics bins and containers are eligible for back-of-house
organics collection. (Back-of-house means pre-consumer food waste from the kitchen, food
preparation, dishwashing, and storage areas that are not accessed by customers or the public.
It does not include food waste generated from food that has been served to customers or the
public.) Applicants are highly encouraged to choose bins and containers from Dakota County’s
standard, pre-approved items in the Container Order Form. Bins and containers other than
those on the pre-approved list are eligible if they can be purchased at a lower cost than listed in
the Container Order Form, are being chosen to match existing containers, or that follow
industry standards/regulations, on the condition that they meet Dakota County best practices
specifications and are County-approved.
Dakota County Contract #C0033321
Exhibit 1 - Page 2 of 4
2. Back-of-House Equipment:
a. Dishwashing equipment (must be Energy Star certified) to support use of washable
serviceware in a commercial kitchen, with a maximum reimbursement of $2,000.
b. New, reusable service ware (i.e., washable dishes and silverware) for use in a
commercial kitchen/dining room if converting from disposable service ware.
3. Educational Materials, Labels, and Signage: signage, custom labels, and recycling and organics
educational materials. The Label Order Form contains container labels and signage that that
meet County mandatory labeling requirements and can be ordered from Dakota County at no
cost.
4. Back-of-House Organics Supplies and Hauler Collection Services - when starting a new
organics collection program: items specific to starting organics collection when a program of at
least 12 months is implemented, including:
a. Six-month supply of Biodegradable Products Institute (BPI) -certified compostable bags
for lining organics collection containers back-of-house, as a cost reimbursement with at
least 12 months of service.
b. Six months of organics hauling service cost reimbursement with at least 12 months of
service. Hauling service must be a new service, not an existing one.
c. Applicant must submit documentation of compostable bag purchase and hauling
service to be reimbursed.
Dakota County reserves the right to negotiate with the applicant prior to contract execution for reasonable
pricing of eligible items.
B. Ineligible Expenses
1. Containers normally provided by a waste or recycling service provider, such as carts,
dumpsters, and open-top or enclosed roll-off boxes.
2. Pallet jacks, janitorial carts, and other similar equipment.
3. All containers and equipment intended to collect and move trash, unless they are part of a
County pre-selected waste station in the Container Order Form or are equivalent in type and fit
in with the existing collection system.
4. Employee labor costs related to project planning and implementation.
5. Employee labor costs to collect and manage waste and recycling/organics.
6. Vehicle-related costs such as trucks, trailers, etc.
7. Compostable food service ware (e.g. plates, cups, flatware, etc.).
8. Plastic bags used for trash or recycling collection.
9. Items, supplies or equipment for employee recognition.
10. Project-related costs incurred before contract execution.
11. Project-related costs in areas where waste cannot be safely and effectively managed, as
determined by Dakota County.
Dakota County Contract #C0033321
Exhibit 1 - Page 3 of 4
VI. Participation Requirements
Participants must agree to the following:
A. Host a minimum of three (3) site visits and work with the County liaison to:
1. Determine what is needed to implement a successful waste diversion project and to assist
with completing and submitting a full application.
2. Implement the project as outlined in the application, including labeling and placing
containers in keeping with guidance provided by the County, educating employees and
residents, and trouble-shooting.
3. Provide assistance with project evaluation, including project reporting.
B. Complete and submit a full application. Requests for reimbursable products and infrastructure
must include a quote with specifications and costs, with a rendering for any customized containers.
C. Execute a contract with Dakota County.
D. Provide a completed W-9.
E. Begin project activities within three (3) months of contract execution.
F. Implement project activities identified in the application using Best Management Practices
identified by Dakota County.
G. Complete all project activities within 12 months of contract execution.
H. Adjust the hauler collection schedule (frequency of pick up) and container capacities (dumpster
sizes), as necessary, during the 12 months of the contract to sufficiently contain all the recyclables
and organics (if applicable) collected from the Participant’s building and public spaces.
I. Complete a Final Report, on forms provided by Dakota County, with information about quantities of
recyclables, organics (if applicable) and trash produced before and after the project term. (The
County liaison is available to help collect this information.)
J. Provide baseline data with the application.
K. Complete the final report within 12 months from the contract execution.
L. Provide a brief three to five sentence written testimonial at the end of the 12-month project and
agree to serve as a “Success Story,” if asked.
M. Allow pre- and post-project photos for planning and documentation purposes.
VII. Fund Distribution
Funding and reimbursement approved by County staff will be distributed as follows:
A. Standard Containers and Labels. No funds will be transferred to multifamily
businesses/organizations for items identified in the Container Order Form and Label Order
Form. These will be ordered by Dakota County upon execution of a contract.
B. Reimbursable Expenses. Requests for reimbursement of eligible expenses must include proof
that funds were spent on approved items and include a copy of the paid receipt for the
purchased equipment or work completed under the terms of the executed contract.
Dakota County Contract #C0033321
Exhibit 1 - Page 4 of 4
Dakota County Contract #C0033321
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Exhibit 2 - Page 12 of 12
INSURANCE TERMS
Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to
otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction
of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent
Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons
or parties with these provisions.
APPLICABLE SECTIONS ARE CHECKED
1.Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or
Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not
required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision
under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to
County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against any
and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or
Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change
requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage.
2.General Liability.
"Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on
a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability
(applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be
provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance
Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation)
shall be considered to be an acceptable equivalent policy form.
Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000
per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit
afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or
Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that
afforded by the underlying Commercial General Liability policy (or equivalent underlying policy).
Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of
the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to
less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such
aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops
down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount,
shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below.
Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the
Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount
shall not exceed $25,000 each occurrence.
Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds thereunder.
3.Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed
under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may
be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract
termination.
It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or
insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereunder. Contractor therefore
agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's
protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if
necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, throughout the one (1) year period of
required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and
provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with this section; and (b)
immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining
available for the protection of Dakota County.
Dakota County Contract #C0033321
Exhibit 3 - Page 1 of 2
4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of
the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection
with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount
of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the
limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies)
shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within
the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor
vehicle liability assumed under this contract.
Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, employees and agents as
Additional Insureds thereunder.
5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor
secure any additional insurance, or additional feature to existing insurance, as Dakota County may reasonably require for the protection of their interests or
those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional
requirement(s).
6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder
is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide Dakota
County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence
of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Dakota County may reasonably request, and shall
contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County,
Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer-
certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer
provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage
terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage.
7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to
do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be
unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In
all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing
of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s)
shall be deemed to be acceptable to Dakota County.
8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as
required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and
appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice.
9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims
brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the
benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may
reasonably require.
10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or
injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf,
from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for
any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole
or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such
party may be responsible.
Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of
subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence
as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present;
and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07
Dakota County Contract #C0033321
Exhibit 3 - Page 2 of 2