5.d 2020 Recycling Grant Agreement with Washington County
Staff Report
Date of Meeting: May 19, 2020
To: City Council
From: Brenda Eklund, City Clerk
Re: 2020 Municipal Recycling Grant Agreement with Washington County
Background: Washington County desires to encourage and support residential recycling to
reduce the County’s reliance on solid waste disposal facilities. The County has budgeted funds
to be used to further develop recycling projects in the County. Scandia has been entering into a
contract for these grant funds since 1994. The grant funds are to be used towards recycling
program expenses such as recycling projects and public education related to recycling.
Issue: Should the City enter into an agreement with Washington County for distribution of
municipal recycling grant funds in 2020?
Proposal Details: The agreement provides for the County paying the city up to $8,000.00 which
is to be used for municipal recycling program expenses in 2020. Payment will be made within
60 days of executing the agreement. Staff worked in collaboration with County staff to develop
a two-year project work plan, which includes providing recycling information in the city
newsletters and website, to provide recycling collection at the annual Vinterfest event,
continue the Composter’s Registry and to promote Heavy Metal Clean -up Week with SRC.
Annual reports will be used as a measure of progress towards meeting components of the
recycling work plan activities.
Fiscal Impact: Revenue to the General Fund in the amount of $8.000.00 in 2020.
Options:
1) Approve the agreement and authorize the Mayor to sign on behalf of the city.
2) Make changes to the agreement.
3) Do not approve the agreement.
Recommendation: Option 1
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2020
GRANT AGREEMENT
FOR
MUNICIPAL RECYCLING GRANT DISTRIBUTION
THIS AGREEMENT made and entered into by and between the County of Washington,
hereinafter referred to as the "County", and the City of Scandia, 14727 209th Street North,
Scandia MN 55073, hereinafter referred to as the "Grantee".
WHEREAS, the County desires to encourage and provide opportunities for residential recycling
to reduce the County's reliance on solid waste disposal facilities, and
WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to
further develop recycling projects in the County.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term:
The term of the Agreement shall be from the date this Agreement is approved by the
County to December 31, 2020.
2. The County's Obligations:
The County will pay the Grantee an amount of up to $8,000.00 which is to be used for
recycling program expenses in 2020. Payment will be within 60 days of execution of this
Agreement.
3. The Grantee's Obligations:
a. The Grantee agrees to follow their 2020 Municipal Recycling Grant Application and
the guidelines therein (Exhibit A).
b. The Grantee will use all recycling grant money received in 2020 as a result of this
Agreement, for base funding activities, recycling projects, and public education
related to recycling, as indicated in Exhibit A. If all recycling grant funds are not
used within the grant period, the Grantee must return unexpended fun ds to the
County unless the County approves utilizing the unspent funds for recycling
projects the following year.
c. The Grantee shall sign and return this Agreement to the County by July 1, 2020.
Failure to do so will result in a reduction or loss of grant funds.
d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring
compliance through ordinance, contract or license requirements and the ability to
exercise punitive actions, if needed.
e. The Grantee will prepare and submit annual work plan project reports to the
County. The reports shall cover the time period from January 1 to December 31
and shall be submitted to the County by January 31st of the year following the
reporting period. The annual reports are available on the County’s Municipal
Recycling Grant Application and Reporting software (Re-TRAC Connect).
f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste
generated by city/township government activities (including city/town halls, public
WASHINGTON COUNTY
CONTRACT #
PUBLIC HEALTH & ENVIRONMENT
TERM: - 12/31/20
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works buildings, parks, and for city/townships that arrange for waste services on
behalf of their residents) shall be delivered to the Ramsey/Washington Recycling
and Energy Center in Newport for disposal. Failure to comply with this provision
shall constitute a breach of this Grant Agreement.
g. The parties agree that if the Grantee contracts or otherwise arranges for municipal
solid waste hauling service on behalf of its residents and/or businesses and the
Grantee issues bills for this service, the Grantee shall bill the County Environmental
Charge (CEC) as a separate line item on the solid waste bill and shall make
reasonable effort to collect the CEC. Exception to this provision is if the licensed
hauler collected the CEC for the previous year. All County Environmental Charges
collected shall be remitted to the County according to section 14.5 of Washington
County Ordinance #178 or its replacement, Ordinance #194, effective July 1 st, 2014.
Failure of the Grantee to comply with this provision shall constitute a breach of this
Grant Agreement and will result in loss of grant funds.
4. Indemnification and Insurance:
a. The Grantee agrees it will defend, indemnify and hold harmless the County, its
officers and employees against any and all liability, loss, costs, da mages, and
expenses which the County, its officers, or employees may hereafter sustain, incur,
or be required to pay arising out of the negligent or willful acts or omissions of the
Contractor/Consultant in the performance of this agreement.
b. The Grantee agrees that in order to protect itself, as well as the County,
under the indemnity provisions set forth above, it will at all times during the
term of this Agreement, keep in force the following insurance protection in
the limits specified:
1. Commercial General Liability/Professional Liability with contractual
liability coverage in the amount of the County’s tort liability limits set
forth in Minnesota Statute 466.04 and as amended from time to time.
2. Automobile coverage in the amount of the County’s to rt liability limits set
forth in Minnesota Statute 466.04 and as amended from time to time.
3. Worker’s Compensation in statutory amount. (if applicable)
Prior to the effective date of this Agreement, the Grantee will furnish the
County with a current and valid proof of insurance certificate indicating
insurance coverage in the amounts required by this agreement. This
certificate of insurance shall be on file with the County throughout the term
of the agreement. As a condition subsequent to this agreement, Grantee shall
insure that the certificate of insurance provided to the County will at all times
be current. The parties agree that failure by the Vendor to maintain a current
certificate of insurance with the County shall be a substantial breach of the
contract and payments on the contract shall be withheld by the County until a
certificate of insurance showing current insurance coverage in amounts
required by the contract is provided to the County.
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Any policy obtained and maintained under this clause shall provide that it
shall not be cancelled, materially changed, or not renewed without thirty
days notice thereof to the County.
5. Data Practices:
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of Grantee because of this Agreement is governed by the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
implementing such Act now in force or as adopted, as well as Federal regulations on data
privacy.
6. Condition Subsequent:
It is understood and agreed that in the event that reimbursement to the County from state
sources is not obtained and continued at a level sufficient to allow the Grant, the
obligations of each party hereunder shall thereupon be reviewed to determine the
necessity of renegotiating all or parts of this Agreement.
7. Records Availability and Retention:
Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the
County, the State Auditor, or any of their duly 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 the Grantee and involve transactions relating to this Agreement.
Grantee agrees to maintain these records for a period of six (6) years from the date of
termination of this Agreement.
8. Independent Contractor:
Nothing contained in this Agreement is intended or should be construed as creating the
relationship of co-partners or joint ventures with the County. No tenure or any rights or
benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick
leave, vacation leave, severance pay, PERA, or other benefits available to County
employees, shall accrue to the Grantee or employees of the Grantee performing services
under this Agreement.
9. Nondiscrimination:
During the performance of this Agreement, the Grantee agrees to the following: No person
shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation,
disability, marital status, public assistance status, criminal record, creed or national origin,
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be excluded from full employment rights in, participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any and all applicable Federal and State
Laws against discrimination.
10. Firearms Prohibited:
Unless specifically required by the terms of this contract or the person it is subject to an
exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to
this contract or subcontractors shall carry or possess a firearm on county premises or while
acting on behalf of Washington County pursuant to the terms of this agreement. Violation
of this provision is grounds for immediate suspension or termination of this contract.
11. Noncompliance by Grantee:
If the County finds that there has been a failure to comply with the provisions of this
Agreement, the County may terminate the Agreement at any time following seven (7) days
written notice to the Grantee and upon failure of the Grantee to cure the default within
the seven day period. The County will require the Grantee to repay the grant funds in full
or in a portion determined by the County. Nothing herein shall be construed so as to limit
the County's legal remedies to recover grant funds.
12. Termination:
This Agreement may be canceled by either party upon thirty (30) days written notice.
Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is
no Administrator. Notice to Townships shall be mailed to the Township Cle rk. Notice shall
be sent to the official business address of the City or Township. Notice to the County shall
be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box
6, Stillwater, MN 55082-0006.
13. Merger and Modification:
a. It is understood and agreed that the entire Agreement between the parties is
contained here and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items referred
to in this Agreement are incorporated or attached and are deemed to be part of
this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall be valid only when they have been reduced to writing as an
Amendment and signed by the parties.
14. Force Majeure Events::
For purposes of this agreement, “Force Majeure” refers to an event that by its nature is
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unforeseen, or, if it was foreseen, was beyond reasonable control by either party, and
includes COVID-19. With a Force Majeure event of COVID-19, the parties agree to 1) make
an attempt to reschedule any such municipally planned events impacted by COVID -19
included but not limited to community clean-ups, collection events, planned performances,
and promotional campaigns, or 2) substitute the impacted event with other acceptable
recycling efforts as outline in Exhibit A of this agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
GRANTEE WASHINGTON COUNTY
BY____________________________________ BY
Lowell R. Johnson, Director
TITLE Department of Public Health
and Environment
DATE
DATE_____________________________
APPROVED AS TO FORM
BY: /s/ Rick Hodsdon
Ass't Washington Co. Attorney
DATE: 5/1/2020
Municipal Recycling Grant Guidelines
2020
Municipalities in Washington County are responsible for establishing and maintaining
municipal recycling programs. The County provides educational, financial and technical
assistance to local governments to aid these programs. The County’s municipal recycling grant
program assists municipalities with recycling program expenses.
Grant funding levels are dependent on municipality household counts and recycling program
activities. Municipalities are encouraged to apply for the maximum level of funding. Three
levels of grant funding are available:
1. A base amount is provided to cover administrative and basic recycling program
expenses and is dependent on the number of households in a community.
2. A second level, project funding, is targeted to specific grant projects that are related to
achieving recycling goals.
3. A third level, shared resources funding, is targeted to fund collaborations among
municipalities; such as a shared recycling coordinator.
I. Eligibility Requirements
In order to receive funding through the Washington County municipal recycling grant,
municipalities must meet the following eligibility requirements:
1. A municipality’s curbside recycling program shall be established by ordinance or a
contract with a recycling contractor and be in operation during 2020.
2. Municipality must support County efforts in obtaining hauler reports by ensuring
compliance through ordinance, contract or license requirements and the ability to
exercise punitive actions, if needed.
3. All multi-unit dwellings (4 or more units) must have recycling service available.
4. At a minimum, the municipality must meet or plan to meet the components under the
BASIC category of the recycling continuum (see page 10).
5. At a minimum, municipal staff must participate in one, in -person meeting with PHE staff
to develop the two year grant project work plan.
6. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities
Law (if applicable)
II. Funding Application
Municipalities must complete a funding application by April 1, 2020 to receive grant funding.
Completed applications and yearly work plan must be submitted using the Re-TRAC Connect
program.
III. Grant Funding Allocation
Funding is separated into three (3) categories:
1. Base funding: this is funding for activities that sustain the municipalities existing
recycling program. This includes funding for administration of a recycling ordinance,
resident questions, completing the municipal grant application, work plan and annual
report, residential recycling information and meeting the Basic components of the
continuum. The table below shows how base funding is determined for each
community.
# of Households Eligible Amount for Base Funding
<450 $1,500.00
451-1000 $2,500.00
1001-2000 $5,000.00
2001-5000 $10,000.00
5001-10000 $20,000.00
>10000 $30,000.00
Note: household data is retrieved from the Metropolitan Council’s most recent population estimates.
These estimates are the official population and household estimates for state government purposes,
including how local government aid (LGA) and local street aid allocations are determined. Previous year
estimates are prepared the following year and certified by July 15.
2. Project funding: this is funding to develop and implement new or expanded recycling
projects that encourage movement along the recycling continuu m. A municipality is
eligible to receive $0.50/household per project. A municipality may qualify for up to four
projects per year.
3. Incentive funding: this is one-time special project funding for large purchases like
outdoor bins.
4. Shared Resource funding: this is targeted to fund collaborations among municipalities;
such as a shared recycling coordinator.
IV. Eligible Expenses
Grant funds may be used for the following recycling related expenses:
a. Administrative
Salary and legal costs of personnel only while directly working on, part time or
full time, on the planning, implementation and promotion of eligible activities.
Salaries, benefits and mileage for consultant services or temporary help with
prior written approval from PHE and must be related to eligible activities.
b. Public Education and Promotion
Design, production, and distribution of flyers, brochures, newsletter articles,
posters, advertisements, videos, billboards, audio (radio, video, television,
theater), electronic (website and e-news) and other promotional items necessary
to advance eligible activities
Development of promotional materials for a community event such as a clean -up
day or road clean up event
The percentage of cost for a municipality’s newsletter devoted to recycling
Environmental commissions and related expenses directly related to recycling
and waste education (maximum of 25% of County grant funds)
c. Capital expenses
Event recycling containers (ie Clear Stream recycling)
Public space recycling containers (ie parks, trails, athletic facilities)
Recycling containers for municipally owned/operated buildings and internal
spaces
d. Internal recycling
Internal municipal recycling education and related needs (i.e. labels) or special
events
e. Other
Waste reduction projects (ie backyard composting promotion activities)
Other expenses with prior written approval from the PHE
V. Ineligible Expenses
a. Permanent, year-round recycling drop-off locations
b. Disposal expenses related to community clean up events or road clean - up activities
such as wages to workers and hauling/disposal expense for trash or material collected
and used as a fuel such as tires and used oil
c. Projects specific only to energy or ground water
d. Ongoing recycling or garbage service fees (collection, processing, transportation)
e. Costs for office equipment
f. Street sweeping expenses
g. Beautification projects or rain gardens
h. Lobbying
i. Funding currently budgeted or being provided by applicant
VI. List of Standard Recyclable Materials to Be Collected Curbside for Single Sort
Collection
PHE created the list of standard recyclable materials to be collected curbside after researching
current materials collected curbside by haulers as well as the availability of viable end markets
for those materials. This list covers only the minimum materials recommended for residential
curbside collection. A municipality may require the collection of additional recyclable materials.
A municipality may choose how to enforce such as through ordinance or hauler licensing. At a
minimum, the following materials must be included in the municipality’s curbside program:
Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection
Paper
• Boxboard including corrugated cardboard (OCC)
• Envelopes- window and metal clasps acceptable
• Magazines and catalogs
• Mail, office and school paper
• Newspaper and inserts
• Phone books
• Shredded paper in closed paper bag
Cartons
• Milk and broth cartons
• Juice boxes
Metal
Food and beverage aluminum/tin/bimetal cans
Glass
• Food and beverage bottles and jars
Plastics
• PET (#1)
- water, soda and juice bottles
- ketchup and salad dressing bottles
HDPE (#2)
- Milk and juice jugs
- Dish soap bottles and detergent jugs
- Shampoo, soap and lotion bottles
PP (#5)
- Yogurt, pudding and fruit cups
- Margarine, cottage cheese and other tubs
This standard list of recyclables for single sort recycling collection will be periodically reviewed
and updated by PHE as additional materials and end markets become available. PHE may add
materials to this list and require municipalities to begin collection of the new materials within
one year of receiving notification from the PHE.
VII. Verification of Compliance with Minnesota Statute 115.471 and 115A.46
Public Entities Law
As a condition of eligibility for the Washington County Municipal Recycling Grant funds,
pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by
municipal government activities, including, but not limited to city/town halls, public works
buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such
as organized garbage collection), must be managed in accordance with the County’s Solid
Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery
Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach
of the Municipal Recycling Grant Agreement.
VIII. Reporting
1. Hauler Reporting
The Minnesota Pollution Control Agency will collect tonnage reports directly from
haulers on behalf of Counties and Municipalities. Reports will be collected on a quarterly
basis and will have tonnage amounts for MSW/garbage, recycling and source separated
organics listed for each County. To ensure data is provided to the State quarterly,
municipalities are expected to continue their role in enforcing hauler compliance
through existing ordinances, contracts or licenses with haulers. Municipalities are
expected to exercise punitive actions, if needed. The final, compiled hauler reports will
be available on the County’s Re-TRAC Connect system for municipality’s to view after
the reporting period has closed.
2. Annual Work Plan Project Status Reports
Municipalities receiving funding through the Washington County municipal recycling
grant program must complete annual work plan project status reports. The annual
report is a measure of a municipality’s progress towards meeting components on the
recycling continuum and on program expenditures. Annual reports must be completed
by the municipality receiving the grant by mid-February of each year using the County’s
Re-TRAC Connect system.
a. Work plan project status report:
project completion (yes/no)
performance measurements (minimum of 3 forms of measurement, as
identified in work plan, should be reported)
description of information helpful to other municipalities desiring to
replicate projects
3. Final Program Expenditures Report
Municipalities receiving funding through the Washington County municipal recycling
grant program must complete final program expenditures report at the end of the grant
term that includes the following:
a. Program expenditures: Total program expenditures must equal total program
revenue.
Administrative costs including
- Direct salaries
- Direct membership, training, subscriptions
- Consultant services and or temporary help
- Promotion
- Design, printing and postage
- Advertisements
- Videos
- Promotional items
- Special events
- Other (list and describe)
Capital Costs
Collection Costs (recycling grant funds cannot be used for collection
costs)
Other
For each line item on the report’s expenditures sheet, indicate:
- Total County grant funds used
- City/Township funds contributed
- % of County grant used for particular line item
- Total expenditures
IX. Recycling Performance
A municipality’s performance will be evaluated based on information from the annual work
plan project status reports, from hauler reports submitted directly to the State, and reasonable
effort towards reaching outcomes from work plan activities implemented. PHE reserves the
right to request documentation for information submitted.
Failure by a municipality to demonstrate measureable progress towards one or more of the
work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being
notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be
undertaken by the municipality to improve its recycling program to achieve the identified goal
in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan
should focus on components of the recycling continuum. Funding may be withheld until the
municipality’s Plan is completed and approved by PHE.
X. County Responsibilities
a. Grant documents
PHE will provide the grant application and work plan by February 1st for each
municipality to use to request grant funding and to develop project work plans. PHE will
also provide the annual report for municipalities to report on their recycling pr ogram.
Annual reports are available year round.
b. Meetings
PHE staff will continue to host quarterly recycling coordinator meetings and will make
meeting materials available on the City Recycling Resources webpage on the County’s
website. PHE staff will also continue to coordinate individual work plan meetings with
each municipality to identify grant projects.
c. Technical assistance
PHE staff will help identify if and how additional technical assistance is needed.
d. Payments
Grant payment will be made in one installments, which is to be used for re cycling
program expenses in 2020. The payment will be made within 60 days of execution of
the Recycling Grant Agreement.
e. Recycling tonnages
Recycling tonnages for each municipality will be collected by the Minnesota Pollution
Control Agency (the State) from the community’s recycling hauler(s) on a quarterly
basis. Reports are available on the County’s Re-TRAC Connect system.
f. Residential recycling survey
If requested, PHE will assist in the development of a survey on residents’ recycling
knowledge and behavior for municipalities to promote and distribute regularly.
g. Online recycling information and best practices
PHE will maintain the City Recycling Resources webpage on the County’s website for use
by municipal staff to obtain information on recycling best practices, learn about other
grantee projects, track recycling coordinator meetings, and access templates and other
educational information designed specifically for use by municipalities.
g. Commercial Recycling
PHE has a separate funding mechanism to promote and support recycling in the
commercial sector. This program is called BizRecycling and more information can be
found at www.bizrecycling.com.
h. Recycling in multi-unit dwelling (4+ units)
A separate funding program may be developed for multi-unit dwelling recycling.
Supplemental documents required upon application submittal:
Waste and recycling ordinance(s) (if applicable)
Waste and recycling contract(s) (if applicable)
City/Township council meeting minutes (if applicable)
Verification of public entities law (Minnesota Statute 115.471 and 115A.46) (if
applicable)
A certificate of insurance indicating the municipalities’ general liability limits as
indicated in Section 4 of the Agreement. Please be sure to include the certificate with the
application and not have it sent separately by your insurance carrier.
Washington County Municipal Recycling Continuum
BASIC IMPROVED ADVANCED
Administrative Administrative Administrative
Submit grant materials by due date Provide recycling in municipally owned/operated
public spaces Require weekly recycling collection
Attend a minimum of two recycling coordinator
meetings per year
Implement a recycling incentives program ("get
caught recycling") Expand away from home recycling opportunities
Ensure curbside recycling program is established
by ordinance or contract
Update solid waste/recycling section of ordinance
with assistance from county's consultant Implement tiered trash rates
Support state/county efforts in obtaining hauler
reports through ordinance, contract or license
requirements
Require residential recycling in ordinance
Require collection of standard list of recyclables Require commercial recycling in ordinance
Adopt a city/township internal purchasing policy to support waste
reduction and recycling
Education & Information Education & Information Education & Information
Maintain webpage with recycling and waste
information for residents and businesses
Provide new resident education/packet with
waste and recycling information Encourage waste reduction and reuse
Include web links (provided by county) to
information on county's waste and recycling
programs
Encourage backyard composting and provide link
to county's compost bin/rain barrel sales Establish waste reduction and recycling goals for your community
Provide recycling costs to residents once/year Encourage organics recycling and provide link to
county's organics drop-off program
Provide recycling containers for events hosted or sponsored by the
city/township or located on public property
Include information on webpage about special
events recycling
Encourage special events in your community to
utilize the County’s special event resources Host Clear Streams and Special Events toolkits for use by community
Multi-Unit Dwellings Multi-Unit Dwellings Multi-Unit Dwellings
Ensure all Multi-unit dwellings have recycling
services available
Targeted education to multi units and/or property
managers Provide educational materials to interested properties
Refer properties to Washington County staff