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DMASWA Comprehensive solid Waste Management Plan UpdateRESOLUTION NO. 285-09 RESOLUTION ADOPTING THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY'S COMPREHENSIVE SOLIDE WASTE MANAGMENT PLAN UPDATE Whereas, Section 4558.302 of the Code of lows requires every city and county of this state to provide for the establishment and operation of a comprehensive solid waste reductian program consistent with the waste management hierarchy under section 455B.301A, and a sanitary disposal project for final disposal of solid waste by its residents; and Whereas, Section 4558.306{1) of the Code of Iowa requires that all cities and counties file with the Director of the Department of Natural Resources a comprehensive plan detailing the method by which the city or county will comply with the requirements of section 4558.302 to establish and implement a comprehensive solid waste reduction program far its residents; and Whereas, a proposed comprehensive plan, as described in section 4558.306 of the Cade of Iowa has been prepared by the Dubuque Metropolitan Area Solid Waste Agency and Delaware County Solid Waste Disposal Commission at the direction of and with the participation of the City Council of the City of Dubuque, Iowa, which plan is entitled Comprehensive Plan Update and is dated September 1, 2009; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the adoption and implementation of the proposed comprehensive plan is in its best interest, wi#h respect to satisfying its statutory duties. Now, therefore, it is hereby resolved by the CITY COUNCIL of the CITY 01= DUBUQUE, i OWA: 1. That the City Council of the Gity of Dubuque, Iowa does hereby approve and adapt the Comprehensive Plan update as its comprehensive solid waste reduction plan, provided that any changes in said plan hereafter proposed by the Agency or required by the Iowa Department of Natural Resources sha11 be subject to the approval of the City Council of the City of Dubuque, Iowa. 2. That the City council of the City of Dubuque, Iowa shall implement and participate in the programs set forth in the Comprehensive Plan Update. 3. That the Dubuque Metropolitan Area Solid Waste Agency is authorized to submit on behalf of the City Council of the City of Dubuque, Iowa the Gomprehensive Plan Update to the Iowa Department of Natural Resources in satisfaction of Section 4558.306{1) of the Code of Iowa. Passed, adopted, and approved this 17th day of August, 2009 Roy D. Buol Mayor Attest: 'Jeanne F, Schne-der, CMC City Clerk °f®: The Honorable Mayor and City Council Members FR®iVl: Michael C. Van Milligen, City Manager SU JECT: DMASWA Comprehensive Solid Waste Management Plan Update ,41°E: August 10, 2009 Public Works Director Don Vogt recommends City Council approval of the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update. I concur with the recommendation and respectfully request Mayor and City Council approval. ~k ,, ,- . p ~. ~. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director T'HE CI'T'Y OF it C `.4~ t ~ Masterpiece on Elie Mississippi zoa~ T Michael C. Van Milligen, City Manager ®: Don Vo t, Public Works Director r' Public Works Department 925 Kerper Court Dubuque, Iowa 52001-2405 Office (563) 589-4250 FAX (563) 589-4252 TTY (563) 589-4193 publicworks©ci tyo fdub uque. org www.cityofdubuque.nrg Sl1 JECT: DMASWA Comprehensive Solid Waste Management Plan Update DAT : July 22, 2009 INTRODUCTION The purpose of this memorandum is to seek City Council concurrence and approval of the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update. BACKGROUND Every three years, the Agency must submit an Update to the Iowa Department of Natural Resources (IDNR) of its original Solid Waste Management Comprehensive Plan. This is one of the requirements upon which renewal of the Agency's three year Landfill Operating Permit is contingent. The original Plan (1990) stated how the Agency and its customers planned to conduct their solid waste management programs during the early 1990's. An Update has been filed every three years since, noting the Agency's and its customers' current solid waste management programs and plans for the next three years. IDNR requires that the Delaware County Solid Waste Disposal Commission and all the municipalities in Dubuque county acknowledge and endorse the Update, by adopting the attached resolution. DISCUSSION A copy of the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update accompanies this memorandum. My staff and I have not only reviewed and support the Update, we actually prepared the Update for the Agency. RECOMMENDATION I recommend that the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update be submitted to the City Council for its consideration and approval. Service People Integrity Responsibility Innovation Teamwork U®GET If~PACT The Agency's 2009 Comprehensive Solid Waste Management Plan Update has no immediate or foreseeable budget implications for the City of Dubuque. In any case, any changes to the Plan Update, from either the Agency or IDNR, are subject to City Council approval. p-CTI®N STEP I request that the City Council approve the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update and that it authorize the Mayor, by the attached resolution, to adopt it. CC: Barry A. Lindahl, City Attorney Attachments CO1VIPk~~[E1~TSIVE S®LZD WASTE 1V1ANA~ENXENT PLAl~: ITPI3ATE DUDUQUE M[E7['ROPOLITAN AREA SOLID WASTE AGENC'Sr Permits No. 2S-SDP-02-99, 32-SDP-Ol-75, 31-SDP-U2-'75, 31-SDP-07~9b Septeza~er, 2Ufl9 ~{~ ~tI'lC'IES IN SERVICE AREA: Dubuque County: City of Asbury CityafBalltawn City of Bankston City ofBemard City oFCascade City of Centralia City of Dubuque City of Durango City aflayersviile City afEpwarth City afTarley ~ City ofGraf City oFHoly Cross City ofLuxert3burg City ofNew Vienna City ofPeosta City ofRickardsvilie City of Sageville City of Shemll City of CYorthington City oFZwingle Delaware County: City of Coleaburg City of Delaware City of I]efhi City of Dundee Cityofl~yersville CityofBarlville CityofBdgawood City of Greeley City of Hopkinton City ofManahester City ofMasonville City of Ryan Clayton County: City of Strawberry Point Hard Copy Supplement to Solid Waste Comprehe>~sive I~aoa~emeint Plan: Update _1_ tl. Evidenc® o~ C®®parati~n - 2.'I Resolutions from All Participating ~®vernments andlnr 2~ Agreements Municipal resolutions adopting the subsequent plan are included and can be found at Attachment B-, 2.2 Letters of ~®operation ~rot~n Participating Private Agencies Letters of cooperation from pi7vate sanitary disposal projects are ineiuded and can be found at Attachment C. 2.3 Copies of Contracts anti 2EE Agreements That Have Changed Delivery contract is in effect until June 30, 2012 for the following: Delaware County Solid Waste Disposal Commission P,O. Box 574, Strawberry Point, IA 52076 New delivery contracts were signed in. 2007 with the following entities. These new contracts are in effect through June 34, 201.2. Bi-County Disposal Tnc. 79$ 6~' Ave. NW Dyersville, IA 52044-1034 Bacon Recycling P,O. Box 88 Hopkinton, IA. 52237-0088 City of Cascade, Iowa 3201~~ Ave. West P.O. Box 400 Cascade, IA 52033-0404 City of Dubuque 50 West 13~' St. Dubuque, IA 52001 Dittmer Recycling 1755 Radford Road Dubuque, IA 52002 Allied Waste Services c% BPI Waste Service, LLC 15034 Depot Ridge Road Peosta, IA 5206$ Houlihan Sanitatiota 72i E. Main St, Manchester, IA 52457-1844 tli. ublic Par~icipatian 3.'I Public Input Btrategies The Dubuque Metropolitan Area Solid Waste Agency (DMASWA) meets approximately once per month in public session. Unless closed following appropriate -2_ procedures of the Iowa Open Meetings Law, all meetings are held in public session and include opportunities far public comment. Meeting agendas are posted in the Dubuque City Hail, Dubuque County Courthouse, and actual meeting location. Notices and agendas are also distributed in advance to Delaware County, area media, waste haulers, and other interested groups such as the Dubuque County Environmental Task Farce. Reports provide details on the ongoing education programs, the tonnage of waste materials collected within the planning area, and monthly revenues and expanses. A report on Iandfill activities and DNR issues is also presented at each meeting. The Delaware County Solid Waste Disposal Commission meets approximately semi-annually in public session. Agendas, which include opportunities for public comment and discussion, are distributed m advance to area media as well as City Council and Board of Supervisor representatives. Members of the Commission indicate that they regularly receive input and feedback from area residents and businesses. This process often occurs through a call to the city clerk, mayor or council member, all of wham have relatively high visibility in their communities, yr to the Cornmissian's secretary. At each Agency meeting, the Education and Communication Coordinator provides written and verbal reports vn the Agency's waste reduction education programs and prepares news releases and articles for area media to publicize important waste issues. Attachment D illustrates examples of local newspaper reports. 3,~ Public Meetings Held for Plan ®evelopmen# Waste reduction programs, solid waste management, and ways to expand and improve the Planning Area waste management system are discussed at each monthly public meeting. Notice of meetings is published in area newspapers. Strategic planning workshops were held an April I3`~ and July 2lS` of2409. In addition, a waste diversion study was conducted in April, 2009 by a third party at which community input was solzcitcd and received on waste management issues. Attachment E illustrates examples of the methods used to publicize public meetings. Notices of all public meetings and subsequent meeting minutes are published in area newspapers pursuant to the Code of Iowa. ,3 Public Review Meetings The draft comprehensive plan update and a copy of DNR's resolution language were distributed throughout the planning area in July 2009, with the intention of receiving comments and approvals in time for the September 1, 2009 submittal, A list of individuals and/or groups to wham the draft plan and resolution were sent are included in Attachment F. Comments received by mid August, 2409 were incorporated and/or addressed as appropriate. The Agency held two public meetings specifically for plan development: July, 2449 -Dubuque Municipal Services Center and August 6, 2049 -Manchester City Council Chambers. Minutes from the public meetings at which the draft and/or final comprehensive plan were discussed axe included in Attachment G, i~a aseli~ waste stream Rape The Iowa Department of Natural Resources performs the goal progress calculation at the time of comprehensive plan update approval. The 1988 base year total waste disposal for -3- the Dubuque Metropolitan Area Solid Waste Agency area was 130,620 tans. The total waste disposal for FY2008 is 103,332 tons. Ve Changes in Area ~emographio~ While 6S of Iowa's 99 counties have lost population since 2000, Dubuque County continues to hold and achieve slight growth. According to new information (U,S. Census Bureau -July 2009), Dubuque County added 428 residen#s during the past year and a fatal of 1,326 during the past 24 month period. Moreover, of Iowa's 930+ cities and incorporated areas, Dubuque subtubs (Feasts and Asbury) are listed in the Tap 20 for fastest growing. As far as jobs (information released in July 2009}, Dubuque's employment is now at 54,300 jobs (up by -f-400 jobs from the previous month). Finally, from January 2008 through today, new ConStruc#IOn in Dubuque County to#als $150;7$0,863 (bo#h commercial and residential). Vl. sate ~ornp+~sition generation 6,'1 Changes in 1iVasta Generation Sinoe the fast ~ppraved Plan There have been no significant changes in waste generation since the last approved Comprehensive Plan Update in September of 2006. Landfill tonnage has increased about five pexcent in FY2006, but decreased about two percent in FY2007. FY2008 saw an increase of almost S.S percent, attributed mainly to an increase iu construction and demolition (C&D) materials from various large development projects. 6.2 Changes In 1~laste Composition since the Last Approved Plan There have been minimal changes to waste composition since the last approved Comprehensive Plan Update of 2006. Already noted is the FY200$ increase in the C & D waste stream due to large development projects. DMA.SWA did participate in the Iowa Department of Natural Resources Waste Characterization Study in October, 2005. (See attachment I3} In the 2005 study, the report stated that 31.09% of the waste stream was paper. This is still above the state study report at 26. i7%. Discussions continua to explore options for decreasing the amount of paper being landfilled with an emphasis being placed on cardboard. Food Waste was at 11.60% in the 2005 study, DIvIASWA and the City of Dubuque have a program for food scrap recycling pickup from residences and businesses in Dubuque. Expansion of food waste composting is being explored. The amount of yard waste being landfilled was 1.12% in 2005. Consumer awareness of composting options seems to be increasing, with more homeowners practicing backyard composting and vermiculture. 6,3 Effects of Anticipated Planning Area l~adificatians There are na planning area modifications an#icipated for the next three years. VII, Exiting Integrated Solid ItVaste anaen~ent Systerra description '1.1 Select a City Submitted an-line 7.2 itecyeling arzd VYaste Collection Systems Submitted on-line -4- 7.3 Recycling and Waste klaulers Submitted on-line fi.4 Residential Recycling Submitted on-line 7.5 Commercial Recycling Submitted on-line 7.6 Drop-CDff Recycling Sites Submitted on-line 7.fi Diverted Materials Collection Submitted on-line 7,8 Yard Waste Management Programs Submitted on-line 7.9 Yard Waste Management Sites Submitted on-line 7.14 Material Specilic Initiatives Public Education The Dubuque Metropolitan Area Solid Waste Agency uses its public education program to increase awareness about resource management, proper recycling and disposal options for motor oil, lead acid batteries, tires, e-waste, CFL's, and household appliances. These education activities include the distribution of brochures and website information explaining proper disposal of batteries, motor oil and household hazardous materials such as cleaning products, pesticides, and household paint. The flyers and brochures are distributed at area events, school programs and at presentations #o community oxganizations. (Sample in Attachment I) Environment and science classes from Planning Area schools tour the Agency's Landfill many times each year. Presentations regarding Household Hazardous Materials (HHM), composting and waste management practices are made to area schools and civic groups. Website information and brochures on backyard composting, proper disposal of HHM, appliances, e-waste, CFL disposal, and fixes are distributed frequently throughout the planning area. Household I~azardaus Materials With assistance from the Iowa Department ofNatural Resources, the DMASWA received HHM's from the following nturiber of households, at both mobile and drop off events; FY06 - 739, FY07 -- 674, and FY08 - 795. In FY06, a total of 55,312 pounds of hazardous waste materials were collected for proper disposal. In FY07, 60,146 pounds were collected and in FY08, 64,694 pounds were collected. The total HHM collected since being permitted is 613,644 pounds. Hazardous waste management brochures and recycling flyers were distributed to all program participants. The Agency's HHMRCC is located at the Dubuque Landfill an Highway 20 and serves Dubuque and Delaware counties. The RCC began accepting Hl-I1vIs from residences in actober 1997 and from conditionally exempt small quantity generators (CESQG} in February 1998. The RCC also features a Reusable -5- Materials Exchange Program, where usable products that Dave been delivered are offered to the public for reuse at no cast. A mobile trailer is used fox conducting small, HHM cleanup events in service area communities. The service area includes ail Agency planning member communities, though other northeas# Iowa counties have also been provided service. Several contractors are used to manage materials accepted at the RCC. Backyard Composting and Yard Waste 1Vlanagement Since the last Comprehensive Plan Update, the DMASWA held compost demonstrations and backyard compost bin sales in cooperation with the Dubuque Arboretum, the Delaware County Solid Waste Disposal Conunissian, the Dubuque County Conservation Board, Iowa State University Extension Service and an area garden stoxe< . In FY 2001, the Agency began operating a permi#-by-rule composting facility at its Landfill. Sixteen communities in the DMASWA service area offer sites to which residential yard waste and brush may be delivered. The Dubuque Arboretum accepts leaves if delivered. The Splendid Valley Nursery also accepts leaves and grass from area residents. Data for each facility are submitted onYline in the Cvrnpostir~g Facilities Fora:. ' Tires In FY06, 227 tons of waste tires were collected for recycling by Agency operations. In FY07, 1 OS tons were collected, and FY08, 83 tons were collected. The Agency offers free disposal far fixes collected by government partners from roadside ditches. ~Ised Oil Used oil is accepted at a drop-off facility at the RCC located at the Landfill. Iowa Law requires businesses that se11 oiI an oil filters to take back used materials ar past locations where they can be recycled. Charges may apply. Lead-Acid Batteries Lead-acid batteries can be taken to tl~e $attery Center, Blum Company, or many battery retailexs. Many batteries, including button and I3iCad batteries, eau be dropped off for recycling at the place of purchase, or an appointment can be made at the RCC. Appliances The Agency accepts appliances at its landfill for a fee. In return, appliances are picked up by Moor's Salvage for recycling and certified hazardous component recovery. Moor's removes the appliances from the site before removing Freon, PCB`s, and recovering the metal. In FY06, 2289 individual appliances were collected, In FY07, 1935 appliances were collected, and in FY08, 1229 appliances were collected. _g_ 7®l~ I~~w ~s~~ ~duc~i~>~ aid ~~y~Iin~ r~~r~ s 7111 Solid't~Vaste Education Office Programs The Agency bears the majority of the responsibility for addressing comprehensive planning activities in both Delaware and Dubuque counties. Administrative activities are the responsibility of the Agency Administrator. Education and communication activities are implemented through a contract with Loral College to provide an Education and Communication Coordinator (Education Coordinator}, a position funded by a portion of retained tonnage fees. Student interns assist the Education Coordinator with community and campus efforts. Partnerships with area schools and environmental groups and agencies continue to be developed and expanded to increase education outreach. In addition, several of the communities Hated in the survey forms returned to the DNR that they also provide solid waste information to residents. It appears their information is pxavided mostly an an as-requested basis to current residents and via use of documents created by the Education Office. Larger communities that have cable TV also use their local government channels to share information about their various integrated solid. waste management system. components. Area haulers also xegularly distribute information about their services to customers. Because the Agency delegates recycling collection and processing activities to the haulers, who often vary in. program details, it is mare important far this specific information to be provided by the haulers than by the Agency. Green Vision Education Program D114ASWA sponsors the Green Vision Education Program which recognizes schools that practice pollution prevention, recycling, energy efficiency and waste reduction. Since the beginning of the program in 2005, eleven Dubuque County schools have xeceived the award and several mare are working towards achieving it. Through these schools, 546 staff members, 3540 students, and 2818 families are participating in Green Vision Education programs. The award recognizes student and staff efforts to reduce the amount of waste created in their schools, as well as the schools' recently implemented energy saving practices. Green Vision Schools receive flags to hang outside their buildings and banners to display in their hallways or gyms. Some of the programs that have been implemented by the schools include food scrap composting, worm bin composting, increased paper and container recycling, and reduction in the use of disposable products. Loral College Efforts have included: e Distribution of Loral Recycling Bxachure to campus community. ~ Working with the Loral Environmental Action Forum group ox~ America Recycles Day and Earth Week activities ® Working with Technology Team to increase recycling of batteries, computers, and projector bulbs _7_ ~ Supervising Solid Waste Education Cfkice interns. ~ Working with housekeeping staff to increase recycling and waste reduction in residence halls ® Serving on the Loras Campus Sustainability Task Farce Public Px•esentati©ns In addition to landfill tours, the education coordinator works in coopexa#ion with the local recycling center to arrange tours for school and eoinmunity groups. Presentations are also given to groups of all ages. The Education Coordina#or also supports the TJNI Waste Reduction Teachex Workshop held each year. Public Event Displays ~ Ba1d Eagle Watch Day, (annually) g Mount Carmel Wellness Fair, Maxch 2007 ~ Dubuque City Expos (annually) ~ DNR Education Trailex at River museum during Earth Week 2007 ~ Cloth Bag Exchange at Asbury HyVee, November 2007 ~ North End Neighboxhaad Faix, March 2008 Celebrations of Creation with area churches, Apri12008 ~ Presented fax Dubuque Retired Teachers Association September 2008 ® KDCCG display at Asbury HyVee Store, November 2008 ® Sohn Deere Health Fair, Navezxtber 2008 ® KDCCG Eco Expa at Swiss Valley Nature Center, Navernber 200$ ~ Presentation for Dubuque Landlord's Association, January 2009 ® Stewardship! Building Tomorrow°s Neighborhoods Conference, Loras College, Api~l, 2009 Spccial EventslEffarts Continue and enhance the SchoolBusiness Partnership with the Dubuque Community School District and Holy Family Catholic Sehoals, resulting in a comprehensive resource management evaluation program called Green Vision Education. Eleven schools are currently award winners and four more are in the pxocess of working toward it. Attached in Attachment J is the evaluation form used with the schools. ® Coordinated development of an Area Campus Sustainability Network with seven Dubuque County higher education institutions. Continue to serve as partnex in Keep Dubuque County Clean & Green affiliate. 7.11.2 Couxpact Fluorescent Lamp Drop Off Rccyelirig The Dubuque Metropolitan Area Solid Waste Agency has begun a free program for Dubuque county xesidents to recycle used CFLs. Residents can bring their old, unbroken CFLs in sealed zip-lack bags to one of twelve drop-off locations during their business hours. Locations include Dubuque City Hall, Dubuque Leisure Services Office, Dubuque KeyIine Transit Office, Dubuque .g. Municipal Services Center, DMASWA Landfill Office, Dubuque County Conservation Board Office, Dubuque County Health/~oning Dept., Dubuque County Library, Cascade City Hall, and three Dubuque Premier Bank locations, 7.11.3 Electronics Recycling DMASWA opened its electronics recycling dropwaff facility at its Landfill in the fall of 2006. Dubuque and Delaware county residents and businesses can drop off electronics for recycling year round. Appointments axe required and are made by calling the Regional Collection Center phone number. Fees are charged far electronics to be recycled. All electronics dropped off far recycling at the DMASWA landfill are taken to the Scott County Electronics Demanufacturing facility for processing. Since the beginning of the program, 30 tons or 59,600 pieces of electronics have been recycled. 7.11.4 Special Even# Recycling Units The DMASWA offers special event X-frame recycling units for loan free of charge to community groups interested in adding recycling options to their event. Since the beginning of the program in 200b, 56 events ranging from. weddings to weekend festivals have used the units. DMASWA has almost 100 frame units that are utilized year round. 7.11.5 City of >!?ubuque Food Scrap Recycling Program The DMASWA assisted the City of Dubuque with the startup and operation of its food scrap recycling program, Since Apri12, 2006, food scraps have been collected at the curb from subscription customers and mixed with yard waste delivered to the landf 11 compost facility. Currently, 270 residents and 12 businesses are participating in the program. Possibilities for expansion were researched and an application subsequently submitted to IDNR on May 19, 2009 for permission to increase the amount of food scraps composted. 7.II.G Backyard Composting The DMASWA continues to educate and encourage residents with back yard composting efforts. Local retailers are now selling compost bins for reasonable rates and demand is growing. 7.11.'7 Construction a~td Demolitiox- {CBaD} The DMASWA started tracking diverted landfill C&D waste and construction recycling in 2003. Since then, 38 building and demolition projects have diverted more than 164,000 tons of material from the landfill, saving pxaject participants $5,272,104 in avoided disposal fees. DMASWA has developed a program called Green Vision Buildings that offers education and assistance to businesses and organizations that are interested in using best practices for resource management in construction, deconstruction, demolition, and renovation. A program called Enviro Stars is used to recognize businesses and organizations that have demons#rated their commitment to protecting the environment by reducing, reusing, recycling, and otherwise diverting materials from the Dubuque _9_ Metro Landfill. Community support far these efforts has expanded with help from the Dubuque Historic Preservation Group, the Four Mounds Foundation, and many area contractors. A CBtD workshop for area contractors and developers is held annually to receive input and share information an C&D recycling. 7.ll.8 Robbie Recycling A rubble recycling program was developed and permi#ted by IDNR in the spring of 2006. It is focused on bricks, concrete and cement blocks. These materials are stockpiled until sufficient quantities axe an hand so that a crusher can be economically fired to crush the materials into a usable road base material. '1.11.9 Electronics Recycling Drop O£f Area A permanent electronics drop off site was established in the Fall of 2006. Appointments are necessary and fees are charged. 59,600 pounds of eleetronics have been recycled since beginning the program. 7.11.14 Rural Recycling Drop ilff Areas The Dubuque Metropolitan Area Solid Waste Agency provides six (6) locations fox drop-off xecycling in Dubuque county. Drop-Off Stations are located at: Cascade City Garage, Dittmer Recycling, DMASWA Landfill, Epworth, Farley, and Key West. Materials accepted at the stations include paper products, metal, and plastic containers. Glass is only accepted at the Dittmer Recycling location. In 2008, 740 tons of recyclables have been collected from the_drop off areas. 7.11.11 Grants Disbursed; The DMAS WA has a very active planning area waste minimization grant program. Up to $25,000 dollars is available per successful application. At least 50°l0 ofthe available funds must be spent on education. A grant application must be completed and any application fox over $500 must be reviewed and approved by a committee of volunteer stakeholders. The Agency's Board of Directors then has final approval. Grants to cavex transportation costs for landfill, and recycling center school field trips were added in 2007. The total grants given out in FY06: $95,847, FY07: $118,345, and FY08: $114,392 (Includes compensation to Loras College fox Education Office Services). 1!119. Evaluati~r~ ®f Pr~gres~ t~w~rd ®~I~ A strategic planning process for DMASWA board members, stakeholders, and staff began in March, 2009 with interviews designed to maximize the inputs of agency staff and stakeholders. After information from the interviews was compiled, the Agency $oaxd of Directars met in April in a special session to review the issues and begin the planning process. The three board members will meet again in July, 2009 to continue the planning process. The DMASWA administrative staff was pxesent throughout all sessions, and staffinembers were often called upon by the Board of Directors to provide insight and expertise, A summary of the identified priorities is included in Attachment K. -10- I r~lyi f Ali ~ Item fives To continue meeting the requirements of the State inherent in Chaptexs 4558 and 455D, including tracking compliance with the waste volume reduction goals, it is recommended that Agency members review their existing solid waste ordinance on a periodic basis and update them as necessary, Therefore, an ordinance review and potential update is included in the Implementation Timeline. The Agency can assist with this process by reviewing ordinances and providing draft language as necessary. During the next three years planning period, achievable reduction goals will be explored for the following materials. Corrugated Cardboard - According to the October, 2005 Waste Characterization Study at the DMASWA Landf 11, cardboard and other paper products made up 31.09% of the waste stream. This compares to 2d.17°lo at the state level. Banning specific materials from the landfill is a methodology of landfill diversion that is within the control of DMASWA and potentially could be accomplished in the future. The Cedar Rapids/Linn County Solid Waste Agency and Marshall County Solid Waste Management Commission have banned corrugated cardboard from disposal in their local landfills. Discussions have begun exploring the logistics and feasibility of a cardboard ban. Construction Demolition - C & D waste continues to offer a large diversion potential for DMASWA. Historical data shows C&D waste has increased at a greater rate than commercial and residential waste streams. Recycling and deconstruction practices are being seen more often %n the Dubuque area and DMAS WA will continue to work with businesses to expand these efforts. According to the October, 2005 Waste Characterization Study at the DMASWA Landfill, construction and demolition materials made up d.44% of the waste s#ream. This compares to 19.28% at the state Ieve1. Curbside Recycli~ug Expansion for Small Businesses - Discussions have begun to utilize partnerships between public and private entities to expand curbside recycling in the city of Dubuque to include small businesses. Requests from local businesses have energized these discussions. There are several questions to address and further research needs to be completed. Expanding curbside recycling to small businesses would have several advantages. It would build an an existing program and the added materials collected could increase the market revenues available. This initiative within the city of Dubuque will be spearheaded by the City of Dubuque's Resource Management Coordinator, Exploration of Collection Options - DMASWA has had funds budgeted for a collection study for several years. Single-stream recycling has been growing nationally over the last few years. Some of this is due to the unproved convenience offered to residents and the ability to automate collection. -ll- . T`irnli~ ~rvp~sed Resporrsiblo~ !mplervte~tati~r~ Ptab!!~ ~4n~icipated /4C1"fYlIfIBS ®~'~a111z~t1®r! ~!leS~0i1e5 EC~lICa~loll l11l~SCf Si1C~ ~~rS~Cg18S ~OC~,1IOilS Expand RCC DMASWA & Part of the site Increase k,ess toxics being services Community development of a awareness of buried in the Partners Citizens Convenience removing toxics DMASWA Cen#er from the waste Landfill. Estimated FY1 # stream Public DMASWA & Ongoing Work with all Awareness of the Education & Community ages #o increase alternatives to Outreach Rartners awareness of landfiliing should keeping toxics reduce materials and all recycling going into the materials out of landfill. the landfill and other waste reduction strategies Commercial DMASWA & Review IDNR Waste Publicize to the Awareness of the Recycling Communi#y Composition Study and commercial alternatives to Partners Huls Waste Diversion businesses IandfiiEing should Study to se# goals on what help is reduce toxics what commercial available from produced and materials should be the state and less materials diverted from going local resources going in#o the into the landfill and and offer landfill. what appropriate rules workshops to are needed to reach help educate these goals. the businesses Hauler Waste DMASWA Hauler Waste Delivery Increase All Comp Plan Contracts Contracts in place awareness of all waste materials through FY12 comp plan area are being citizens #hat processed safely waste materials and correctly. are being disposed safely in their local landfill. _12_ Prop®sed esp+onsibie Implernentati®n Public Anticipated Activities ®rganizaticn Milest®nes Educati®n Impact and ;strategies L.ecations Long Term DMASWA FY10: the second increase More convenient Landfill Site generation of landfill . awareness of and safe for Use & cells should be the availabili#y citizens bringing Development approved for of these materials to the development, components to Iandfilf and vff site 1=Y10: the development increase the recycling drop off of the Landfill Site Plan recycling of all locations. including the Citizens materials Convenience Cen#er, second scale, office/education center, entrance gate, scale house and various recycling drop off locations, 1=Yt 1-FY~2; construction of components of the site plan Expanded DMASWA & Ongoing development Can#inue With the C & D Community of alternatives to C&D workshops for development of Recycling ~ Partners materials being contractors and alternatives for landfiiled; priorities others disposal of C&D include wood waste, materials, it glass, drywall, and should reduce education. materials going into the landfill. Tracking DMASWA and All Ordinances Ongoing All Comp Plan compliance of Plan Members reviewed and any education for waste materials S#ate Waste necessary updates as plan members are being Volume needed to meet the processed safely Reduction compliance and correctly, Goals requirements of with Tess material the State of being buried in Iowa the DMASWA Landfill. Finished DMASWA & Ongoing development Increase Less processed Compost Community of all markets fior awareness of waste materials Materials Partners finished compost finish compost stared on site. Markets materials materials availability. -13- Proposed Responsible irnpiemenlation Public p-n#icipated Activities ®rgani~afiien ~ilesfones Education impact and ~trateg'res Locations t.andfil} Gas DMASWA f=Y10: Install collection Increase With statistics Collection system awareness of received from methane effects .collection, on the Agency Board environment can determine and practices, best course of that can . action for future decrease efforks. production of it. Decreased amount of methane released into atmosphere from landfill. Landfill Gas DMASWA FY90: Study reuse increase Decreased Reuse options awareness of amount of FY1 ~: Implement methane effects methane released reuse practices on the into atmosphere environment from landfill. and practices Possible that can beneficial use of decrease methane from roduction of it. landfill. Alternative DMASWA FY 90: Study cover Reduce amount Landfill Cell options. of air space used Cover FYI 1: Purchase and during daily cover implement best activities and practices. therefore extending the life of landfill Aachrn~nts A} Signed electronic submission certification B) Copies o€ required resolutions C} Copies o€ letters a€ required cooperation D} Examples of local newspaper reports E) Examples of publicized public meetings F) Lint o€ individualslgraups who received plan copy G} Public Meetings minutes or summaries H) Waste Characterization Data Comparisons I} Sample flyers and brochures J) Green 'Vision Education evaluation form K) Strategic Plan summary L} John Deere Dubuque Warps Industrial Land€rll -14- Comprehensive Plan Draft n Page 1 of 4 1. 1s this city Curren#ly part of a 28E agreement with a solid waste agency that addresses integrated solid waste management? Yes 2. How does your city govern the collection of ,~' garbagefrecycling ~ Residential ~ Commercial ~a or Not Applicable Garbage Collection: a} This ciky licenses haulerslcoi3ectors ~ ~ ~ [j b) This city contracts with haulers/collectors ~ ~ ~ c) Properties contrail individual{y ~ ® ^ d) Collected by city crews 0 ~ r -; -~ ~ U t Recycling GollectEan a} This city licenses hau[ers/collectors 0 ® -~---t ~~ 1 b) This city contracts with haulers/collectors ~-~ I~ ~ l___._`~ c) Properties contract individually ~ ~ ~~--~ I ~ +~ d} Collected by city crevrs O ~, LD ^ 3. How frequently is residential garbage collected? (check ail that apply) Weekly ^Tw~ce-weekly ^ Every Other Week ®Does not apply ^ Don`t know ^ Other 4. Does this city have a residential Unit Based Pricing (UBP) Program, also known as Pay As You Throw (PAYT)? Yes if yes, what year did the program begin? 2002 5. If applicable, briefly describe this city's UBP program below Monthly fee for one 35-gal, bag or can. Green tags for extra bag or can. Additional 35agal cans available for monthly fee. 6. if applicable, what is the basis for the UBP program? (check all that apply) ~I Required by City Ordinance ^ System provided by Private Hauler ® Required by City/Hauler Contract ® Required by Iowa Code ® Other http;l/programs.iowadnr.govlcompplan/report/singlecityz'eport.asp`?Gity=10242 71b12009 Comprehensive Plan Draft 0 7. Other cammen#s regarding this city's recycling and waste collection: t.asf Updated: 3!25120091:48:57 PM Page 2 of 4 .. 1. List the names of ail waste and recycling haulers that serve your community and put a ~tlecKmarK m appropriate poxes to matcate tnelr services. Garbage Collection Garbage Disposal Recycting Collection Waste Hauler Name (Public and Private Haulers Resi- Comm- wrthEn Transported Rest- Comm- fast U dated p dent#al arciat planning Area 17ut-o#- Stafe denfial erdal Anted/t3Fl Waste ® ~ ~ ® ® ~ 10131!2006 3:05:14 PM Bi Counfy Disposat ® l~ ® ® ~ 1 0/31 12006 3:05:28 PM Cify of Dubuque Muntdpa3 Collection ~ ® ® ® ~ ^ 10!3112006 3:05;59 Service PM Ditfiner Recyding ^ ~ ^ ^ ^ 3f25l20091:50:55 PM ~ 1 ~ .What diverted materials are collected from your residents? (check alltbatapply) Household Hazardous Waste Appliances Curbside ® ® Collection frequency business hours - year round year round ~ Drop- off ® Don't Have Access To Electronics ~ year round ~ 0 Tires year round L~ Used Oi[ ~ ~Year round ~~ ^ Lead Acid Batteries ® year round ~ ® ^ Other; ~ ~~ ~ ~ t T ~. Do businesses/workplaces in this city have access to recycling programs? Yes 2. How are recyclable materials collected from businesses/workplaces? http:llprograms.iawadnr.gov/corrtpplan/report/singleciiyreport.asp?city=10242 7/b/2009 <~ Comprehensive Plan Draft ~ Page 3 of,4 ~ Collected at the businesslworkplace by a private hauler. ^ Collected at the business/workplace by the Cocal solid waste agency. Collected at the business/workplace by this city or county. ~ Processed and marketed directly by the businesslworkplace. ~ Business/workplace employees drop off recyclings at a recycling center ordrop-off site. 3a. Does this city require businesseslworkplaces to recycling by ordinance No 3b. if applicable, for more information an this ordinance whom do we contact? Las# Upda#ed: 3/25f2009 1:51:49 PM I I ~ . What type(s) of residential recycling are available to this city? (check all that apply) ~ Curbside ~ Drop-off 2. Put a checkmark in appropriate boxes to Solid Private Not indicate recycling services for paper, plastic, metal City Waste Entity Applicable and glass. Agency a) Who provides curbside recycling caliection for ~ ~ ~ ~ this Clty'S reSldent5? (check allthsfapply) a) Who provides drop-off-off recycling collection for ^ ~ ~ ~ th1S CltytS residents? (check all Cher appl}~ 3a. If applicable, what materials are collected as part of this city`s curbside recycling program? Paper Otass: it+tetal: Plastic; ® Newspaper ®G[ear Glass ~ Steel Gans (tin) ~ PET (#1) Corrugated Cardboard ~ Brown Glass Afuminum ~ HQPE (#2} Otflce Paper ~ Green Glass ~ Olher ~ PVC (#3) ® Box 13aard ®Other ®LDPE (#4} ® Magazines ®PP (#~) (~ Other ~ PS & EP5 (#6) Other Plastic (#7) 3b. I€ applicable, how often are the above items collected? We~l<IY 4. ]f this city`s residents have access to drop-off sites, select which of the following cities' and/ar unincorporated areas' drop-off sites in the planning area are available to this city. http:l/programs.iowadnr.gov/campplan/report/singlecityreport.asp?city=10242 71612009 Comprehensive Plan Draft Q ® Drop-off sites in Cascade ~ Drop-off sites in Dubuque ® Drop-off sites in Epworth ^ Drop-off sites in Farle Drop-off sites in Graf 5. Other comments regarding this city's residential recyc}ing: Last Updated: 3/25!2009 9:52:34 PM r r r Page 4 of.4 , ~ . What yard waste (i.e., leaves, grass clippings, and garden waste) and tree waste (i.e., trees, tree limbslbranches} management options are available in this community? (YW =Yard Waste, TW =Tree Waste} (check all #hat apply) Backyard Composting: ~~~'~ Backyard Burning: ®~ ® ~ Compost or Mutoh Program: ®~ ~j 71N Land Apply On ParmlCtty Property: ®~ (~ ~ Leave it Lay/iVluictting Mower Program; ~ YVV Other (please specify; ~. Does this city operate a burn pile for trees and tree limbs? No 3. if this city`s residents have access to yard waste management sites, select which of the following sites in the punning area are avaiiabie to this city. ®Cascade Yard Waste Site in Cascade I~l Dubuque Metro Landfill in Dubuque p Dyersville Ci#y Yard Waste Collection site in Dyersville ®City Compost Pile in Hopkinton ~ Municipal Compost Area & Yard Waste site in Manchester 4. Other comments regarding this city's yard waste management program: Last Updated: 3/25!2009 9:52:37 PM lzttp://programs.iowadnr.gov/compplan/report/singlecityreport.asp?city-10242 7/6/2fl09 07/25/2009 SAT 15:45 FAX 262+252+4255 SimplexGrinnell_Milwauke (~J001/003 SimplexGrinne/l ~ N58 W 14782 Shawn Chc% Menomonee Falls, W! 53051 Te%262.781.1710 Mobile: 262.309. 7361 Fax:262.252.4255 License number: 1059471 www. simplexgrinnell. com PROPOSAL ANA SERVICE AGR~~'M~N7° SimplexGrinnell Contract# 072509 Salesperson: Jim Backtund License No. Date: July 25, 2009 Customer; Jahn Liphardt Job Location: Federal Building 350 W. 6°h St. SANE Dubuque,lA 52001 Invoice To (if different from Customer): Customer P.O. # SimplexGrinnell LP ("Company"), for and in consideration of the paces nerem named, proposes to turmsn the worx, anoror rnarenars rfereutaner uesaweu, SUUfCGI IV UIC lClfll3 GIIU WIIU IUVIIJ VI this Agreement. SCOPE OF WORK: 1) Perfrom internal inspection of pipfnf in accordance with NFPA #25 requirements. 2) Perfrom internaE inspection and maintenance of check valve in accordance with NFPA #25. _ Scope of Work continued on attached Amendment. Payment NET 10 ^ NET 30 ^ C.O.D. ^ DEPO5IT: $ Time and Material ^ price Not to Exceed $ Fixed Price of $3,660.00 BALANCE DUE: y CUSTOMER ACCEPTANCE In accepting this Agreement, Customer agrees to the terms and conditions contained herein including those on the (olbwing page(s) of this Agreement and any attachments or riders attached hereto thaf contain additional terms and conditions, ft is understood chat these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or otherdocument that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid torby the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAIN;;D IN THIS AGREEMENT. Thls of#er shall be void tf not accepted in writing within Shirty (30) days from the date (first sot forth above. SIMP~GR ELL LP Customer Name: N~rrte: Jim Backtund Title: ~Trtle: Sprinkler service Sales Representative SG4269 (Rev. 16108) Page 1 ©200G8 SimplexGrinnell t,P. All rights reserved. 07/25/2009 SAT 15:46 FAX 262+252+4255 SimplexGrinnell_Milwauke TERMS ANd CQNdITIONS License No: (if applicat}le): 1. Payment. Work pedormed on a time and material basis shall be at the then-prevailing Company rate for material, labor, and related items, in effect at the time supplied under this Agreement. Further, in the event chat this Agreement is executed on a "price not to exceed" basis, the price to Customer shall be lesser of: 1}the limit price quoted, or 2) the actual cumulative billing based on the aforementioned prevailing rata. Unless othewise agreed in writing beMreen the parties, Customer shall pay Company within thirty (30} days of the da#e of this Agreement. Customer agrees to pay all taxes, permits, and other charges, including but not limited io state and focal sales and excise taxes, however designated, levied or based on the service charges pursuant to Phis Agrsemont. Company shall have life right, at Company's sole discretion, to stop performing any Services if Customer fails to make any payment when due, anti( the account is current. Ttte Customer's failure to make payment when due is a material breach of this Agreement. 2. Pricing. The pricing set forth in this Agreement is based on the number of devices to be installed and services to be per(omted as set forth in the Scope of Work. If the actual number of devices installed or services to be performed is greater than that set forth in the Scope of Work, the price wit! be increased accordingty. Company may increase prices upon notice to the Customer or annually #o reflect increases in material and tabor costs. Customer agrees to pay ail taxes, permits, and other charges, including buk not limited to federal, state and local sales and excise faxes, installation or alarm permits, false alarm assessments, or any charges imposed by any government body, however designated, levied or based on the service charges pursuant to this Agreement. 3. Alarm Monitoring Services. Any reference to alarm monitoring services in this Agreement is included for pricing purposes only, Alarm monitoring services are performed pursuant to tfte terms and conditions of Company's standard alarm monitoring services agreement. 4, Code Compliance. Company does not undertake an obligation to inspect for compliance with lays or regulations unless specifically stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction (e.g. Fire Marshal) may establish additional requirements far compliance with local codes, Any additional services or equipment required will be provided ak an additional cost to Customer. 5. Limitation of Liability; Limitafions of Remedy. Ii is understood and agreed by the Customer that Company is riot an insurer and fhat insurance coverage, if any, shalt be obtained by the Customer and that amounts payable to company hereunder are based upon the value of Ehe services and the scope of liability set forth in this Agreement and are unrelated to the value of the Customer's property and the properf}r of others located on the premises. Customer agrees #o Eook exclusively to the Customer's insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery agatnst Company arising by way of subrogation. Company makes na guaranty or Warranty, including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detector avert occurrences or the consequences therefrom that the equipmenf or service was designed to detect or avert, It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from Hability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences fherefrom, which the equipment or service was designed to detec# or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company's liability shall be Ilmited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time and material payment term is selected, Customer's #ime and material payments to Company. Where this Agreement covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where Ehe incident occurred. Such sum shalt be complete and exclusive. If Customer desires Company to assume greater liability, the parties shaft amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall in no way be interpreted to hold Company as an insurer. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATEONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF tTS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, iNC1DENTAL OR CONSEQUENTIAL DAMAGES OF ANY f{tND, INCLUDING DUT NOT LfMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shelf inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, Company's employees, agents, officers and directors. 6. Reciprocal Waiver of Claims (SAFETY Ac#). Certain of SimplexGrinnelPS syskems and services have received Certification andlor Designation as Qualified Anii-Terrorism Technologies ("QATT") under the Support Antiterrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441- 444 (ttte "SAFETY AcC'). As required under 6 C.F.R. 25 ~ (e), to the maximum extent permitted by law, SimplexGrinnell and Customer hereby agree to waive their right fo make any claims against ttte other fpr any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an acfivity resulting from an "'Act of Terrorism" as defined in 6 C.F.R. 25.2, when QATT have bean deployed in defense against, response to, or recovery from such Act of Terrorism. 7, General Provisions. Customer has selected the service level desired after considering and balancing various levels of protection afforded, and their rata#etl costs. Customer acknowledges and agrees that by this Agreement, Company, unless specifically stated, does not undertake any obligation to maintain or render Customers system or equipment as Year 2004 compliant, which shall mean, capable of correctly handling the processing of calendar dates before or after December 31, 1999. All work to be pedormed by Company will be performed during normal working hours of normal working days (8:00 a.m. - 5:00 p.m., Monday through Friday, excluding Company holidays), as defined by Company, unless additional Mimes are specifically described in this Agrsemont. Ali work perforrned unscheduled unless otherwise specified In this Agreement. Appointments scheduled for four-hour window. Additional charges may apply Eor special scheduling requests, e.g. working around equipment sftutdovrns, after hours work. Company vrill perform the services described in the Swpe of Work section ("Services") for one or more system(s) or equipment as described in the Scope of Work section or the listed attachments ("Covered Systems}"). The Customer shalt promptly notify Company of any malfunction in the Covered System(s) which comes to Customers attention. This Agreement assumes the Covered System(s) are in operational and maintainable condition as of the Agreement date. Ii, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval prior to any work. Should such repair work be declined Company shall be relieved from any and alt liability arising therefrom. UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING} PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, f~joo2/oos REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFtEp BY COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE OGGURRING WH€LE COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR dUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER QBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL WIRING, AND PIPING. 8. Customer Responsibilities. Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer's attention. This Agreement assumes any existing system(s) are in operational and maintainable condition as of the Agreement date. If, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval by Customer's on-site representative prior to vrork. Should such repair work be declined, Company shall be relieved trom any and all liability arising therefrom. Customer further agrees io: . Provide Company clear access to Covered System{s) to be serviced including, if applicable, lift trucks or other equipment needed to reach inaccessible equipment; • Supply suitable olecldcal service, heat, heat tracing adequate wafer supply, and requlretl system schematics andlor drawings; • Notify all required persons, including but not limited to authorities having jurisdiction, employees, and monitoring services, of scheduled testing andlor repairof systems; • Provide a safe work environment; • In the event of an emergency or Goveretl System(s) failure, take reasonable precautions to proteck against personal injury, death, andlor property damage and continue such measures unkit the Covered Systems} are operational; and • Comply with all laws, codes, and regulaftons pertaining to the equipment andlor services provided under this agreement. 9. Repair Services (if Selected by Customer). Where Customer expressly includes repair, replacement and emergency response services in the Scope of Work, such services apply only to the components or equipment of the Covered Systems}. Customer agrees fo promptly request repair services in the event the System becomes inoperable or otherwise requires repair. The Agreement price does riot include repairs to the Covered System(sj recommended by Company during the initial inspection, for which Company may submit independent pricing to customer and as to which Company will not proceed until Customer authorizes such work and approves the pricing. Repair or replacement of non- maintainable parts of the Covered System(s) including, but not limited lo, unit cabinets, insulating material, electrical vriring, simcfural suppods, and all other non-moving parts, is not included under this Agreement. 10. System Equiprnen#. The purchase of equipment or peripheral devices, (including but not limited to smoke detectors, passive infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shaft be subject to the terms and conditions of this Agreement. If, in Company's sole judgment, any periphera! device or other system equipment, which is attached to the Covered System{s), vrttether provided by Company or a third party, interferes with the proper operation of the Covered System(s), Customer shah remove or replace such device or equipment promptly upon notice from Company. Failure a( Gustamer to remove or replace the device shall constitute a material breach of this Agreement. If Guskomer adds any third party device or equipment to the Covered System(s), Company shall not be responsible far any damage to ar failure of the Goveretl SG4269 (ReV. 1010$} Page 2 ©2006.0 SimplexGrinnell LP. All rights reserved. 07/25/2009 SAT 15:50 FAX 262+252+4255 SimplexGrinnell_Milwauke System{s) caused in whale or in part by such device or equipment. 11. Roports. Where inspection andlor tesE services are selected, such inspection andlor test shall be completed on Company's then current Report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof fo the local authority having jurisdiction. The Report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to property by indicating obvious defects or impairments noted to the system and equipment inspected andlor tested. They are not intended to imply that ao other defects or hazards exist or that ail aspects of the Covered System(s), equipment, and components are operational at the time of inspection. Final responsibility €or the condition and operakion of the Covered System(s), equipment and components lies with Customer, 12. Con#ined Spaco. if access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company's then- currenthourly rate. 13. Hazardous Materials. Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customers knovrledge there is no: • "Permit confined space," as defined by OSHA, . Risk of infectious disease, . Need for air monitoring, respiratory protection, or other medical risk, e Asbestos, asbestos-containing material, formaldehyde or other poteniialiy toxic or otherwise hazardous material contained in or on the surface of the floers, wails, ceilings, insulation or other structuraE components of the area of any building where work is required to be performed under this Agreement. All of the above are hereinafter referred to as "Hazardous Conditions", Company shall have the right to rely on the representations fisted above. If hazardous conditions are enceuntered by Company during the course of Company's work, the discovery of such materials shall constitute an event beyond Company's control and Company shall have no obligation to further perform in the area where the hazardous conditions exist until the area has been made safe by Customer as certified in writing by an independent tosting agency, and Customer shall pay disruption expenses and re•mobilizalion expenses as determined by Company. This Agreement does not provide for ihs cost of capture, containment or disposal of any hazardous waste materials, or hazardous materials, encountered in any of the Covered System{s} andlor during performance of the Services. Said materials shalt at ail times remain the responsibility and property of Customer. Company shall not be responsible for the testing, removal or disposal o€ such hazardous ma#erials. 14, Limited Warranty. COMPANY WARRANTS THAT ITS WORKMANSHIP AND MATERfAL FURNISHED UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A PER{OD OF NINETY {9t}) DAYS FROM THE DATE OF FURNISHING. Where Company provides product or equipment of others, Company wilt warrant the product or equipment only to the oxtent warranted by such third party, EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY tMPi_IED WARRANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER.' COMPANY MAKES NO WARRANTY OR '', REPRESENTATION, AND UNDERTAKES NO OBLIGATION '' TO ENSURE BY THE SERVICES PERFORMED UNDER THIS AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANbLE THE PROCESSING OF CALENDAR DATES BEFORE OR AFTER DECEMBER 31,1999. 15. Indemnity. Customer agrees to indemnify, hold harmless TERMS AND CONDITIONS and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all Third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the ', exposure of workers fo Hazardous Conditions whether or not Customer pre-notifies Company of the existence of said hazardous conditions, arising in any vray from any act or omission of Customer Or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement, whether such claims are based upon contract, vrarranty, tort {including but not limited to active or passive negligence), strict liability or othen^rise, Company reserves the right to select outside counsel to represent it in any such action. 16. Insurance. Customer shall name Company, Its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customers general liability and auto liability policies, 17. Availability and Cost of Steel, Plastics & Other Commodities. Company shall not be responsible for failure to provide services, deliver products, or otherwise perform work required by this Agreement due to lack of available sleet products or products made from plastics or other commodities. (i) in the event Company is unable, after reasonable commercial efforts, to acquire and provide steel products, or products made from plastics or other commodities, if required to perform work required by this Agreement, Customer hereby agrees that Company may terminate the Agreement, or the'. relevant portion of the Agreement, at no adtlitionai cost and'. without penalty. Customer agrees to pay Company in full for all' work performed up fo the time of any such termination. (ii) If '', Company is able to obtain the steel products or products made' from plastics or other commodities, but the price of any of the'. products has risen by more than 10% from the date of the bid,', proposal or date Company executed this Agreement,'; whichever occurred first, then Company may pass through that'. increase through a reasonable price increase to reflect increased cos# of materials. 18. Exclusions. This Agreement expressly excludes, without limitation, testing inspection and repair of duct detectors, beam', detectors, and UVlIR equipment; provision of (ire watches; '' clearing of ice blockage; draining of improperly pitched piping; batteries; recharging of chemical suppression systems; reloading of, upgrading, and maintaining computer software; making repairs or replacements necessitated by reason of negligence or misuse of components or equipment or changes to Customer's premises, vandalism, corrosion (including but not limited fo micro-bacterially induced corrosion ("MIC")), power failure, current fluctuation, (allure due to non-Company installation, lightning, electrical storm, or other severe weather, ureter, accident, fire, acts of God or any other cause external to the Covered System(s). This Agreement does not cover and specifically excludes system upgrades and the replacement of obsolete systems, equipment, components or parts. All such services may be provided by Company at Company's sole discretion at an additional charge. If Emergency Services are expressly included in the scope of work section, the Agreement price does not include travel expenses. 19. Forco Majeure. Company sha(I not be responsible for delays or failure to render services due to causes boyond its control, including but not limited to material shortages, work stoppages, fires, civil disobedience or unrest, severe weather, fire or any other cause beyond the control of Company. 20. Termination, Company may terminate this Agreement immedialeiy ai its sole discretion upon the occurrence of any Event of Default as hereinafter defined. Company may also terminate this Agreement at its sole discretion upon notice to Customer if Company's performance of its obligations under this Agreement becomes impracticable due to obsolescence of equipment at Customer's premises or unavailability of parts. 21. No Option fo Solicit. Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or induce any Company employee to leave his or C~I003/003 her employment with Company, for a period of hvo years after the termination of this Agreement. 22. Default. An Event of Default shall be 1} failure of the Customer to pay any amount within ten (10} days after the amount is due and payable, 2) abuse of the System or the Equipment, 3} dissolution, termination, discontinuance, insolvency or business failure of Customer. Upon the occurrence of an Event of Default, Company may pursue one or more of the fo3lowing remedies, 1} discontinue furnishing Services, 2) by written notice to Customer declare the balance of unpaid amounts due and to become due under the this Agreement to be immediately due and payable, provided that ail past due amounts shall bear interest at the rate of 1 %"/° per month {18% per year) or the highest amount permitted by law, 3} receive immediate possession of any equipment for which Customer has not paid. 4) proceed at law or equity to enforce performance by Customer or recover damages for breach of this Agreement, and 5) recover all Costs and expenses, including without limitation reasonable attorneys' fees, in connection with enforcing or attempting fo enforce this Agreement. 23, One•Year Limitation on Actions; Choice of Law. It is agreed that no suit, or cause of action or other proceeding shall be brought against either party more than one (1}year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown vrhen the claim arises or whether based on tort, contract, or any other legal theory. The laws of Massachusetts shall govern the validity, enforceability, and interpretation of Phis Agreement. 24. Assignment. Customer may not assign this Agreement without Company's prior written consent Company may assign this Agreement to an affiliate without obtaining Customer's consent. 25. Entire Agreement, The parties intend this Agreement, together vrilh any attachments or Riders (collectively the "Agreement) to be the Gnai, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes alt prior representations, understandings or agreements beNreen the parties, written or oral, and shall constitute the sole terms and conditions of sale for all equipment and services, No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Company unless made in writing and signed by an Authorized Representative of Company. 26. Severability. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, Phis Agreement will continue io be valid as io the other provisions and the remainder of the affected provision. 27. Legal Fees. Company shall be entitled to recover from the Customer all reasonable legal fees incurred in connection with Company enforcing the terms and conditions of this Agreement. 28. License Information (Security System Customers}: AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, Pmb 392, Montgomery, Alabama 36116 (334) 2$4.9388: AR Regulated by: Arkansas Board of Private Investigators And Private Security Agencies, #1 Stale Police Plaza Drive, Little Rock 72209 (501}6188600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Sorviees, Department o€ Consumer Affairs, Sacramento, Ca, 95814. Upon completion of the installat(an of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system, Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act: NY Licensed by N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. Lamar Blvd., Austin, 78752-4422, 512.424.7710.License numbers available at vnnv.simplexgrinnell.com or contact your local SimpfexGrinnell office. SG4269 {Rev. 1010$) Page 3 02006-6 SimplexGrinnell LP. All rights reserved.