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FY 2012 Solid Waste Collection Monthly Base FeeMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fiscal Year 2012 Solid Waste Collection Monthly Base Fee DATE: June 16, 2011 Dubuque bretial All- America City 2007 At the Public Works Department's Fiscal Year 2012 budget hearing in February, Resource Management Coordinator Paul Schultz and Public Works Director Don Vogt recommended that the City of Dubuque's Fiscal Year 2011 solid waste collection monthly base fee be extended into Fiscal Year 2012, until revenues anticipated to be received in Fiscal Year 2012 and beyond by the City of Dubuque through the Dubuque Metropolitan Area Solid Waste Agency's (DMASWA) new recyclables processing and marketing agreement with Dittmer Recycling Incorporated could be reasonably estimated. Also, at the budget hearing, City staff did note to the City Council that the DMASWA had recently decided to end its subsidy of curbside glass recycling effective July 1St While there are additional items that could positively impact the refuse collection rates further, Public Works Director Don Vogt is recommending some level of caution until there is more experience with the new arrangements and recommends that effective July 1, 2011, the monthly refuse collection rate be reduced from $11.09 per month to $10.72 per month for a 37¢ per month savings. The City of Dubuque will maintain the position of having the lowest refuse collection rate of the ten largest cities in the State of Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment Michael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director D7V SUBJECT: FY12 Solid Waste Collection Monthly Base Fee DATE: June 16, 2011 Dubuque All- America city 1111r 2007 INTRODUCTION The purposes of this memorandum are to provide information and recommend a course of action regarding the City of Dubuque's FY12 solid waste collection monthly base fee. BACKGROUND At the Public Works Department's FY12 budget hearing in February, Resource Management Coordinator Paul Schultz and I recommended that the City of Dubuque's FY11 solid waste collection monthly base fee be extended into FY12 until revenues anticipated to be received in FY12 and beyond by the City of Dubuque through the Dubuque Metropolitan Area Solid Waste Agency's (DMASWA or "Agency ") new recyclables processing and marketing agreement with Dittmer Recycling Incorporated could be reasonably estimated. Those estimations could not be done in February since the Agency's FY12 — FY14 contract with Dittmer was still being negotiated. Also at the budget hearing, we did note to the City Council that the DMASWA had recently decided to end its subsidy of curbside glass recycling effective July 1 We related that the DMASWA had also decided to urge all communities in Dubuque and Delaware counties to end this unsustainable practice at the earliest possible time. Paul and I, however, did not immediately submit our recommendation to you and the City Council to end Dubuque's curbside glass recycling program. That was because of two bills introduced in the Iowa legislature last winter that would have forced all Iowa communities to provide curbside glass recycling. When neither bill failed to garner any substantive political support this spring, we then proposed on April 18 that the City of Dubuque end its curbside glass recycling program effective July 2 The City Council approved our recommendation at that same meeting. DISCUSSION Earlier this month, but unfortunately not in time for the Agency's June Board of Directors' meeting, a tentative FY12 — FY14 agreement was reached between the Agency and Dittmer. The draft contract's language was finalized and approved by City Attorney Barry Lindahl, who also provides legal counsel to the Agency. Barry also opined that the City of Dubuque should be a co- signee to the agreement. A copy of the agreement is attached. Also attached is a memorandum from Paul Schultz. In his memorandum, Paul cites the reduced expenses to be realized in FY12 due to the City's new glass management policy approved by the City Council in April. He notes that those reduced FY12 expenses are currently estimated to equal forty -seven (47) cents per customer per month. However, ten (10) of the forty -seven (47) cents will be needed to offset recent new truck price increases for purchases to be made in the coming years. Paul's memorandum further details the additional revenues that the City is anticipated to receive under the pending Dittmer /Agency /City contract. Those revenues could range as high as $330,000 in FY12, based on today's optimal commodity prices. However, he also notes continuing industry concerns regarding possible substantial commodity price declines later this year. He recommends that FY12 revenues from the new agreement be more realistically estimated to be somewhere in the vicinity of $122,500. Due to the uncertainty associated with those future revenues, we recommend that they not be factored into the FY12 monthly base fee at the present time. Instead, we recommend that they be placed into the solid waste management fund's reserves as they are received in the coming months. Finally, Paul notes that FY11 looks that it will end with revenues greater than budgeted and expenses less than budgeted. He and I agree that if that truly proves to be the case, that these monies also be placed in the solid waste management fund's reserves. Paul and I do recommend that consideration be given to adjusting the City of Dubuque's FY12 solid waste collection base fee from its currently- authorized $11.09 per month to $10.72 per month. This cost decrease to our citizen - customers would reflect the thirty - seven (37) cents per customer per month operational cost savings (noted above) to be realized in FY12 due the elimination of glass from the City's curbside recycling collection program. ACTION STEP This is for your information and direction. CC: Jenny Larson, Budget Director Attachments ORDINANCE NO. - 11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13 -6A -6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -6A -6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13 -6A -6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of ten dollars and seventy - two cents ($10.72) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one -half ( the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one -half ( the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of ten dollars and seventy -two cents ($10.72) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1. A fee of ten dollars and seventy -two cents ($10.72) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: (Ord. 15 -09, 3 -9 -2009, eff. 7 -1- 2009) 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 2 2. A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 3. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional two dollars thirty cents ($2.30) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 4. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 5. A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 6. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and /or property managers of class I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty five (65) gallon city cart shall be twenty one ($21.00) each per month. The fee for a ninety five (95) gallon city cart shall be thirty dollars ($30.00) each per month. 7. Official city of Dubuque single use stickers costing one dollar thirty cents ($1.30) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 8. Multiple - family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess 3 solid waste may be set out in trash bags with applied city of Dubuque single use stickers. (Ord. 21 -06, 3 -2 -2006, eff. 7 -1 -2006) 9. In alleys where solid waste carts, owned by the city for semiautomated lifting, are required to be subscribed by owners, tenants and /or property managers of class I, II, and III premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. (Ord. 15 -09, 3 -9 -2009, eff. 7 -1 -2009) E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of eight dollars ($8.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of twelve dollars fifty cents ($12.50) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 21 -06, 3 -2 -2006, eff. 7 -1- 2006). Section 2. This Ordinance shall take effect on the 1 day of July, 2011. 4 Passed, approved and adopted this 20 day of June, 2011. Attest: Kevin Firnstahl Acting City Clerk 5 Lynn Sutton, Mayor Pro -Tem 13 -6A -6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of ten dollars and seventy - two cents ($10.72) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one -half ( the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one -half ( the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: EFFECT OF AMENDMENT 1. A fee of ten dollars and seventy -two cents ($10.72) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 6 35- gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1. A fee of ten dollars and seventy -two cents ($10.72) per month shall be paid to the city by the property owner of each class 111 premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35- gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and 111 premises are as follows: (Ord. 15 -09, 3 -9 -2009, eff. 7 -1- 2009) 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 2. A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 3. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional two dollars thirty cents ($2.30) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose 7 material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 4. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 5. A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 6. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and /or property managers of class I, 11 and 111 premises. The customer shall choose the number and size of the cart. The fee for a sixty five (65) gallon city cart shall be twenty one ($21.00) each per month. The fee for a ninety five (95) gallon city cart shall be thirty dollars ($30.00) each per month. 7. Official city of Dubuque single use stickers costing one dollar thirty cents ($1.30) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 8. Multiple - family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class 111 premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. (Ord. 21 -06, 3 -2 -2006, eff. 7 -1 -2006) 9. In alleys where solid waste carts, owned by the city for semiautomated lifting, are required to be subscribed by owners, tenants and /or property managers of class I, II, and 111 premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. (Ord. 15 -09, 3 -9 -2009, eff. 7 -1 -2009) 8 E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of eight dollars ($8.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of twelve dollars fifty cents ($12.50) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 21 -06, 3 -2 -2006, eff. 7 -1- 2006). 9 AGREEMENT FOR THE PROCESSING AND MARKETING OF RECYCLABLES BETWEEN AND AMONG DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY, DITTMER RECYCLING, INC. AND THE CITY OF DUBUQUE, IOWA THIS AGREEMENT dated for reference purposes the day of 2011, is made and entered into by, between, and among the Dubuque Metropolitan Area Solid Waste Agency (Agency), Dittmer Recycling, Inc. (Contractor), and the City of Dubuque, Iowa (City). WHEREAS, pursuant to Iowa Code Chapter 4558 and Chapter 28E, Agency is authorized to provide solid waste management services within its Service Area commonly referred to as its Comprehensive Planning Area; and WHEREAS, Contractor is the only Materials Processing Facility (MRF) in the County capable of providing comprehensive services with whom Agency first desires to negotiate a contract; and WHEREAS, it is imperative that Agency complete contract negotiations in a timely manner; and WHEREAS, Agency and City desires to significantly increase the diversion of Recyclables from the solid waste stream delivered to Agency's Landfill to extend the life of Agency's Landfill; and WHEREAS, Agency and City desires to maintain the State of Iowa mandated 25% diversion of solid waste and eventually achieve the State of Iowa 50% diversion goal; and WHEREAS, Agency and City desires to maximize per ton revenues derived from the sale of the recyclables and to minimize transportation and overall costs; and WHEREAS, Agency and City desires to enable sustainable recycling infrastructure in order to provide competitive MRF processing services for all Agency Haulers, support green jobs and local economic development, and WHEREAS, Agency, City and Contractor desire to reduce pollution impacting Global Climate Change and to conserve energy and natural resources for use by future generations; 061711 balfinal WHEREAS, Agency and City have agreed to contract with Contractor for receiving, transferring, processing and marketing Acceptable Recyclables collected within Agency's Service Area within the State of Iowa subject to the terms and conditions set out below; and IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. TERM OF AGREEMENT. The term of this Agreement shall be from April 1, 2011 until midnight June 30, 2014 (the Term), unless earlier terminated pursuant to this Agreement. Agency may at its option renew this Agreement for two one -year terms by giving Contractor written notice of renewal not Tess than ninety (90) days prior to the expiration of the Term or an extension of the Term. SECTION 2. DEFINITIONS. For the purpose of this Agreement, the following terms shall have the following meanings: 2.1 Agency Comprehensive Planning Area. Agency Comprehensive Planning Area shall include the corporate limits of the following: Asbury Earlville Manchester Balltown Dyersville Rickardsville Bankston Epworth Sageville Bernard Farley Sherrill Cascade Graf Worthington Centrailia Holy Cross Zwingle Dubuque Luxemburg Rural Dubuque County Any areas annexed by the foregoing shall upon the effective date of such annexation be deemed to be included in Agency Comprehensive Planning Area. Any area added to Agency's Comprehensive Planning Area by mutual agreement of Agency and the governmental entity for such area shall be included in Agency's Comprehensive Planning Area covered by this Agreement. 2.2 Agency Hauler. Agency Hauler shall mean any company or public entity contracted to deliver discarded materials to Agency landfill that also provides comprehensive and competitive recycling services to its customers within Agency's Comprehensive Planning Area and delivers the Acceptable Recyclable Materials to the Contractor's MRF. 2.3 Holidays. Holidays are those days identified on the Agency Hauler's Holiday Schedule. 2 2.4 Material Recovery Facility (MRF). Material Recovery Facility shall mean the Contractor's facility located at 1755 Radford Road, Dubuque, IA 52002. 2.5 Acceptable Recyclable Materials. Acceptable Recyclable Materials means post - consumer recyclables collected from "curbside" residential, institutional, and commercial recycling programs that are uncontaminated materials including newspaper; glossy paper; corrugated cardboard; chipboard, pop and beer carriers, office paper, residential mixed paper; shredded paper; hard cover and soft cover books, aluminum, steel and tin food and beverage containers; steel aerosol containers; dry, clean, empty metal paint cans; plastic containers labeled plastic resin #1 through #5 (excluding plastic bags / film); and other materials as mutually agreed upon in writing by Agency and Contractor. Mixed flint, green and brown glass food and beverage containers are Acceptable Recyclable Materials when unloaded from a separate compartment and are subject to an additional tip fee. Acceptance of previously agreed upon Acceptable Materials listed on Attachment B may be terminated as mutually agreed upon in writing by Agency and Contractor. 2.6 Single- Stream. Single- stream shall mean the delivery of the Acceptable Recyclable Materials to the MRF in one compartmentalized or containerized stream: paper; metals; and plastic rigid containers. 2.7 Clean Cardboard. Clean Cardboard shall mean the delivery of acceptable containerboard materials with a liner to the MRF that are not significantly mixed with other Acceptable Recyclable Materials or Unacceptable Materials. 2.8 Unacceptable Materials. Unacceptable Materials means either materials that are not Recyclable Materials or Recyclable Materials that have not been properly prepared in compliance with Attachment B. Entire truckloads of Single- Stream Materials shall be considered as Unacceptable Materials when they contain prohibited materials or out - throws of more than 5% by weight by visual estimation. Clean Cardboard Recyclable Materials shall be considered as Unacceptable Materials when they contain prohibited materials or out - throws of more than 10% by weight by visual estimation. 2.9 Residual Materials. Residual Materials means materials that are not recovered in Contractor's or subcontractor's sorting process and therefore not marketed to secondary material end users. The most current overall Residual Materials rate from Contractor or other facilities performing Primary Processing of Acceptable Materials delivered by Agency Haulers, or from Contractor's Facility Drop -Off shall be reported to Agency on the monthly report, in the form of Attachment C. Single- Stream and Drop - Off Residual Materials contain some non - recyclable materials including incidental glass which is an Unacceptable Material in these collection streams. These Residual Materials shall contain no more than 3% Acceptable Recyclable Materials of the weight of residual materials that is landfilled. 3 SECTION 3. CONDITIONS PRECEDENT. The Agency shall not be obligated to perform under and may terminate this Agreement unless: (1) Proper certificates of insurance are provided by Contractor; and (2) The performance bond required by Section 12.1 is provided by Contractor. SECTION 4. GENERAL DESCRIPTION OF SERVICES. Contractor and any approved subcontractor(s) shall receive, transfer, process and market Single- Stream and Drop -off Acceptable Recyclable Materials delivered to the MRF by Agency Haulers from Agency's Comprehensive Planning Area. The services rendered by Contractor shall be in accordance with this Agreement. SECTION 5. RECEIVING RECYCLABLE MATERIAL. 5.1 Receiving Schedule. The MRF shall be open for business and capable of receiving Acceptable Recyclable Materials Monday through Friday and Saturdays as designated in the Agency Hauler's Holiday Schedule. . Hours for receiving shall be from 7:00 a.m. to 3:30 p.m. Agency reserves the right to re- designate the recycling collection day to replace collections which occur on Holidays and to designate additional Holidays. 5.2 Planned and Unanticipated Shutdowns. Contractor shall make provisions for receiving Acceptable Recyclable Materials from Agency during any planned or unanticipated delay in opening, shutdowns, maintenance, or renovations at the MRF. Contractor shall provide written notice to Agency and Agency Haulers at least 60 days in advance of any substantial change in these or subsequent plans for receiving, transferring and processing recyclables collected from Agency Haulers. 5.3 Rejection Procedures. If any materials are not acceptable because they initially were alleged to include too great a quantity of materials which are not Acceptable Recyclable Materials, a second opinion shall be provided by a Contractor supervisor before rejecting the materials. Contractor shall then immediately notify Agency and Agency Hauler. Rejected whole or partial truckloads shall be reloaded, with Agency Hauler agreement, or set aside inside Contractor's facility for not more than two working days. Agency Hauler shall either dispose of the rejected material at its own expense or remove and dispose of a sufficient quantity of contamination in order to upgrade the materials to become Acceptable Recyclable Materials for processing by Contractor. If an Agency Hauler is unable or unwilling to remove the rejected materials in accordance with this Agreement, Contractor will charge the disposal of the contaminated tonnage to the Agency Hauler at the Agency posted landfill tipping fee plus one hundred dollars ($100.00) for transport. 4 5.4 Weighing of Acceptable Recyclable Materials. Agency Haulers shall weigh loads at the Contractor's Facility or any other certified scale that is accepted by Agency to establish the net weight delivered to the MRF. Weight tickets shall be generated automatically without requiring manual weight data entry. Agency Haulers shall receive daily copies of all weight tickets after weighing out. Agreements on procedures for establishing empty truck weights shall be mutually agreed upon in writing by Agency, Agency Hauler and Contractor. Contractor shall maintain records of each Toad from Agency Drop -Off Recycling Stations and Agency Haulers by date, net weight, and recyclable class. Contractor shall send Agency copies of weight tickets from all Agency Drop -Off Recycling Stations loads. Contractor shall provide Agency with monthly reports of the total weight delivered to the MRF. Agency shall be provided with a monthly report of all deliveries and total weights by each Agency Hauler, other private haulers, as well as from Agency Drop -Off Recycling Stations, in the form of Attachment D. 5.5 Unloading of Acceptable Recyclable Materials. Agency Haulers shall be responsible for unloading Acceptable Recyclable Materials at the MRF. Contractor shall cooperate with and assist Agency Haulers by providing the personnel, equipment or space necessary to unload Acceptable Recyclable Materials which will enable Agency Hauler drivers to operate in a safe and timely manner. Agency Haulers shall be required to follow all mutually agreed upon tipping floor procedures while on Contractor's premises. 5.6 Title to the Acceptable Recyclable Materials. Agency Hauler shall retain title to all Acceptable Recyclable Materials until Contractor accepts such materials. SECTION 6. STORAGE AND PROCESSING OF ACCEPTABLE RECYCLABLE MATERIALS. Contractor shall be responsible for any and all storage, transfer and processing of Acceptable Recyclable Materials that are necessary to meet market specifications and all costs associated with storage, transport and processing of Acceptable Recyclable Materials received from Agency Haulers. SECTION 7. OWNERSHIP OF THE TRANSFER FACILITY/MRF. Contractor shall at all times during the Term of this Agreement be either the owner or the lessee of the MRF and shall be responsible for any and all expenses incurred to operate and maintain the MRF, transport Recyclable Materials to any approved subcontracted MRF, all processing costs associated with any approved subcontracted MRF, and all transportation costs to ship materials to end markets. SECTION 8. SORTING AND MARKETING ACCEPTABLE RECYCLABLE MATERIALS. 8.1 Contractor shall be responsible for marketing Acceptable Recyclable Materials 5 accepted from Agency Haulers. Contractor agrees to use its best efforts to effectively process, or subcontract to primary process, and market all Acceptable Recyclable Materials delivered by Agency Haulers at an optimal value. 8.2 Agency shall have the right, during the term of this Agreement, to have a representative enter upon Contractor's premises to monitor the operation of the Agreement. Use of recording devices by Agency on Contractor's premises shall be approved by Contractor. Such representative shall provide reasonable notice to Contractor, shall only be allowed on Contractor's premises during normal business hours, and shall follow all Contractor safety procedures. 8.3 Agency shall have the right, during the term of this Agreement, to monitor the performance of Contractor against goals and performance standards required in this Agreement. Substandard performance as determined by Agency shall constitute non- compliance and subject Contractor to penalties as Liquidated Damages. If action to correct such substandard performance is not taken by Contractor within 60 days after being notified by Agency, Agency may initiate the Agreement termination procedures. SECTION 9. UNACCEPTABLE AND RESIDUAL MATERIALS 9.1 Rejecting Unacceptable Loads or Commodities. Contractor shall have the right to reject at the MRF any Unacceptable Materials in accordance with the Rejection Procedure. Contractor shall be responsible for disposing of Unacceptable Materials at Contractor's expense if such Unacceptable Materials are accepted at time of delivery by Contractor. 9.2 Limitation of Unacceptable Materials. Unacceptable Materials in any delivery by an Agency Hauler shall not exceed 5% by weight. In the event that Unacceptable Materials content in any delivery exceeds 5% by weight, Contractor may charge an Agency Hauler for special handling. Clean Cardboard materials may contain out throw Materials of more than 5% by weight. Materials delivered from the Contractor Drop -Off may contain Unacceptable Materials of more than 5% by weight. 9.3 Measuring Process Residuals. Contractor shall provide Agency a written description of the means used to measure /estimate residuals derived from processing Acceptable Recyclable Materials. Such written description shall be reviewed and approved by Agency and shall be updated by Contractor immediately after any significant changes in Subcontractors, or in the processing facilities and equipment. Contractor shall report the quantity and rationale for any significant change in each month's residuals on the monthly report. SECTION 10. LANDFILLING ACCEPTABLE RECYCLABLE MATERIALS. Contractor or any subcontractors shall not dispose of any non - contaminated Acceptable Recyclable Materials accepted from Agency Haulers without the written 6 authorization of Agency. Any such proven action shall be grounds for penalty to Contractor. SECTION 11. APPORTIONING MATERIALS, REVENUE, FEES AND TERMS OF PAYMENT 11.1 Contractor shall accept Acceptable Recyclable Materials from each separate Agency Hauler according to the separate apportionment and financial terms adapted on quality and quantity as provided in Attachment A. 11.2 Agency Recycling Drop -Off Stations. (1) Agency shall pay Contractor a site management and processing fee of $25.00 per ton on the weighed -in contents in the drop -off containers from the public use containers located at the Contractor's MRF at 1755 Radford Road regardless of contamination. (2) Contractor shall pay Agency a negotiated Revenue Share based on the delivered tonnage of reasonably uncontaminated Recyclable Materials from DMASWA Drop -Off sites in Dubuque County. 11.3 Settlement. Contractor shall be responsible for maintaining adequate records to submit revenue sharing or processing fees information to Agency by no later than the 5th day of each month. Contractor shall submit a digital monthly statement on the Contractor's Financial Transactions Statement, in the form of Attachment E. Contractor shall pay Agency any amount due to Agency and Agency Haulers by the 30th day of the month following the previous month's deliveries of Acceptable Recyclable Materials in months when Agency and Agency Haulers receive a Revenue Share. Agency shall pay any amount due to the Contractor by the 30 day of the month following the previous month's deliveries of Acceptable Recyclable Materials in months when Agency owes Contractor. SECTION 12. PERFORMANCE GUARANTEE 12.1 Performance Bond. Contractor shall deliver a bond or other security to Agency in a form acceptable to Agency in the amount of One Hundred Thousand Dollars ($100,000), to secure the performance of its obligations under this Agreement. The exercise of any rights under such security shall in no way operate as a waiver of any other rights or claims that Agency may have against Contractor. 12.2. Liquidated Damages. Contractor agrees that, in addition to any other remedies available to Agency, Agency may withhold any and all payments due to Contractor as liquidated damages for failure of Contractor to fulfill its obligations under this Agreement. 7 SECTION 13. INSURANCE. Contractor shall provide insurance as set forth in Attachment F. SECTION 14. EDUCATION. Contractor shall cooperate with Agency to increase awareness about recycling in an effort to increase the amount and quality of materials collected and delivered to Contractor's facility. Contractor shall support Agency's recycling education and promotion programs as well as initiate its own programs. Agency staff shall assist with educational presentations at Contractor's Facility. Strategies to promote recycling shall include offering competitive recyclables processing services to area haulers and generators, presentations to school and adult groups, participation in local business and other organizations such as Sustainable Dubuque and the Chamber of Commerce, and local media campaigns. SECTION 15. PERFORMANCE OF THE AGREEMENT. 15.1 Necessary Labor, Material, and Equipment. Contractor shall supply all labor, material and equipment necessary for the carrying out of Contractor's duties under this Agreement. 15.2 No Claims. Contractor agrees to pay in a timely manner all persons doing work or furnishing skill, tools, machinery, or just claims for such work, material, equipment insurance, and supplies in and about the performance of this Agreement. 15.3 Indemnification. Contractor agrees to take all precautions to protect the public against injury and to defend, indemnify and hold harmless the Agency and the City of Dubuque, its officers and employees, from and against any and all claims that may arise by reason of the negligence, recklessness or intentional misconduct of Contractor or its agents or employees in the performance of this Agreement. SECTION 16. RECORDS, REPORTS, AND PERIODIC MEETINGS. 16.1 Generally. Contractor shall establish and maintain digital and paper records which shall be open to inspection by Agency of all financial and operating information related to the Acceptable Recyclable Materials delivered to it by Agency Haulers. The records shall include insurance and any regulatory inspection records, quantity by weight of Acceptable Recyclable Materials delivered by Agency Haulers to the MRF, deposited at Contractor's Drop -Off, OCC bale handling and loading for other recycling companies of Acceptable Materials which are generated in Agency's Planning Area, and the records of all off -site shipments, tonnage, transfers and disposals for Primary Processing made from or including Acceptable Recyclable Materials. 16.2 Report to Agency. Contractor shall submit a completed monthly Report to Agency within 5 days after the end of each month in the form of Attachments C, D and 8 E, which shall include the tonnage delivered by individual Agency Haulers during the month, Drop -Off recycling station tonnage, and any Revenue Sharing or tipping fees owed to or by Agency or Agency Haulers, along with any and all tons of material (1) incoming for processing or handling, (2) shipped off -site for Primary Processing, (3) marketed by class or commodity, (4) sold or disposed at an RDF facility, (5) sold or disposed for beneficial use, or (6) landfilled. 16.3 Inspection of Facility and Records. Agency or an authorized representative of Agency shall have the right to inspect the facility and appropriate records of Contractor relating to its performance under this Agreement upon seven (7) days notice to Contractor. Non - proprietary photos may be taken to document problems as needed. Agency shall conduct such inspection in a manner which will be least disruptive to the operations of Contractor. Contractor agrees to cooperate fully with Agency during the inspection. 16.4 Periodic Meetings. Contractor and the Agency shall meet monthly, or as needed, to troubleshoot any problems, monitor commodity prices and revenue shares, monitor Contractor operating costs, modify seasonal percentages of incoming material by mutual consent of Agency Hauler and Contractor, evaluate the status of the delivery and processing of Recyclable Materials, confer on potential efforts to improve quantities and quality, and evaluate the status of future recycling activity. A monthly report of these meetings shall be made to the Agency Board. SECTION 17. SAFETY. Contractor shall provide and maintain all sanitary and safety accommodations and protocols for the use and protection of its employees as well as for employees of Agency Haulers as may be necessary to provide for their health and welfare and shall comply with all federal, state and local codes and regulations. SECTION 18. NONDISCRIMINATION. Contractor agrees that, during the life of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, gender identity, sexual orientation, national origin, age, physical or mental disability, or political affiliation, and shall include a similar provision in all subcontracts entered into in the performance of this Agreement. SECTION 19. COMPLIANCE WITH LAW. Contractor shall comply with all applicable state and local law, regulations and ordinances. SECTION 20. GOVERNING LAW. This Agreement shall be governed in all respects by the law of the State of Iowa. SECTION 21. NOTICE. All notices required by this Agreement to be served on or delivered to a party shall be in writing and delivered by hand as follows: 9 If to Contractor: If to Agency: If to City: Mr. Scott Dittmer, President Dittmer Recycling, Inc. 1755 Radford Road Dubuque, IA 52002 Mr. Chuck Goddard, Agency Administrator Dubuque Metropolitan Area Solid Waste Agency 925 Kerper Court Dubuque, Iowa 52001 Mr. Michael C. Van Milligen City Manager City Hall 50 West 15 Street Dubuque, IA 52001 SECTION 22. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon Contractor, its successors and assigns. SECTION 23. NON - ASSIGNABILITY. 23.1 Contractor. Contractor shall not assign or transfer this Agreement or any part of its interest in this Agreement nor shall Contractor assign any monies due or to become due under this Agreement without Agency's prior written consent. Contractor acknowledges that Agency has no obligation to give such consent and may withhold such consent for any reason it deems proper. 23.2 Subcontractors. Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the prior written consent of Agency. SECTION 24. CONFLICT OF INTEREST. Contractor agrees that no member, officer, or employee of Agency, the City of Dubuque, or the County of Dubuque shall have any interest, direct or indirect, in this Contract or the proceeds thereof. A violation of this provision shall cause this Agreement to be null and void and Contractor shall forfeit any payments to be made under this Agreement. SECTION 25. SEVERABILITY. All parts and provisions of this Agreement are severable. If any part or provision shall be held invalid, the remainder shall remain in effect. SECTION 26. TERMINATION 26.1 This Agreement may be terminated by Agency under the following conditions: 10 (1) In the event of fraud, misrepresentation, or breach of any of the material terms of the Agreement by Contractor or in the event that Contractor becomes insolvent, is dissolved or is named as a party in a proceeding under any bankruptcy or insolvency laws. Prior to such termination, Agency shall deliver written notice of its intent to terminate and the grounds therefore, and Contractor shall have fourteen (14) days to cure said deficiencies to the satisfaction of Agency; or (2) If Contractor fails to obtain or maintain any of the insurance or security required by this Agreement. 26.2 This Agreement may also be terminated upon mutual written agreement of the parties at any time provided the termination shall not take effect less than 60 days after the date of such agreement. SECTION 27. ENTIRE AGREEMENT. This Agreement, with attachments incorporated herein by reference, constitutes the entire agreement between the parties. No modifications of this Agreement shall be valid or effective unless made in writing and signed by the parties hereto. DUBUQUE METROPOLITAN AREA DITTMER RECYCLING, INC. SOLID WASTE AGENCY By: By: Eric J. Manternach Scott Dittmer, President Agency Chairperson By By Mary Ann Specht Joe Rettenmeier, Vice President Agency Secretary — Attest CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager By: Kevin Firnstahl Acting City Clerk 11 ATTACHMENT A (1) For purposes of this Agreement and this Attachment A, the following terns have the following meanings: 052711 bal (a) Contractor Processing Fee. The Contractor Processing Fee is the mutually agreed upon fee per ton for handling, storing, processing, and marketing the City's Acceptable Recyclable Materials. (b) Net Revenue Share. The Net Revenue Share is calculated from the average per ton value of City's apportioned Acceptable Recyclable Materials sold each month after the Contractor Fee per ton is deducted. (c) City Revenue Share. The City Revenue Share is 55% of the Net Revenue Share. (d) Agency Revenue Share. The Agency Revenue Share is 5% of the Net Revenue Share. (e)Agency Accumulated Revenue Share. The Agency Accumulated Revenue Share is the fund net balance of revenues received by Agency from Contractor beginning January 1, 2008 and continuing through the Term of the Agreement. (2) Contractor, Agency, and City agree to the following apportionment of City's Acceptable Recyclable Materials by a percentage of marketed commodities and a percentage of reasonably accommodated Unacceptable Recyclable Materials expected to be Iandfilled: (a) Paper (76.5 %) Special News, De-ink Quality (PS -8), 47% chipboard and junk mail included Corrugated Containers (PS -11) 26 %, pop/beer carriers included Sorted Office Paper (PS -37) 3.5% shredded and book paper included (b) Rigid Containers and Materials (Metal Cans and Plastic Bottles) (19.5 %) Used Beverage Containers 1% Old Tin Cans 4% (includes miscellaneous metal: copper, aluminum, steel, empty paint and aerosol cans, pots, and pans) #1 PET 6.5% #2 HDPE - Natural 3% #2 HDPE - Colored 5% #3 - #5 Plastic Containers 1% (no plastic bags or film) 13 (c) Unacceptable Material in Residuals {4.0 %1 (3) Contractor will provide MRF processing and marketing services to City for 583.17 per ton for the agreed upon apportionment of Acceptable Recyclable Materials and Unacceptable Recyclable Materials as stated in Paragraph (1 Xthe Contractor Fee). Contractor will also provide MRF processing and marketing services for glass food and beverage containers to City for 540.00 per ton (the Contractor Glass Recycling Fee). The Contractor Glass Recycling Fee will be deducted from the City's Revenue Share. (4) Net Revenue Shares will be distributed to City, Contractor, and Agency according to the following percentages and as shown on Attachment E: (a) 55% to City but not to exceed $96.00 per ton per month. Any calculated City Revenue Share above $96.00 per ton is retained by Contractor as additional Contractor Revenue Share. (b) 40% to Contractor; and (c) 5 °k to Agency. (5) If any Acceptable Recyclable Material is not marketed during a month by Contractor, the apportioned tonnage of that Acceptable Recyclable Material delivered during that month will be credited as revenue based on that month's highest market price quoted for the Midwest Region on the first Tuesday following the first full week of the month published by the online service American Metal Market for metals and the online service Yellow Sheet for paper and plastics. The value of this city apportioned Acceptable Recyclable Material will be included in the Net Revenue Share. (6) The Contractor Fee must be reviewed annually beginning on the first day of July, 2012, and on the first day of July of each year thereafter during the Term. For purposes of this Paragraph (5), it is agreed that the baseline tonnage is 13,600 tons of both mixed commercial and curbside materials and 2,400 Clean Cardboard tons for a combined total of 16,000 tons (the Baseline Tonnage). (a) During any year of the Temi, for every 1,000 ton increment reduction of Acceptable Recyclable Materials from the Baseline Tonnage (the Tonnage Reduction Adjustment), Agency will pay Contractor a surcharge of $1.00 per ton on all City's incoming tons for that Fiscal Year. Such payment must be made by not later than the last day of the first month following the end of the Fiscal Year. In no event will the Tonnage Adjustment exceed two 1,000 ton increments. (b) During any year of the Term, for every 1,000 ton increment increase of Acceptable Recyclable Materials from the Baseline Tonnage (the Tonnage 2 14 Increase Adjustment), the Contractor Fee will be reduced by $9.00 per ton. Such reduction must be made by not later than the last day of the first month following the end of the Fiscal Year. There is no maximum limit on the Tonnage Increase Adjustment increments. (7) The first $50,000 of City's Net Revenue Share must be held by Agency as a MRF Contract Contingency Fund against future contract obligations. Whenever the MRF Contract Contingency Fund balance falls below $50,000, Agency will replenish the MRF Contract Contingency Fund from City's current and future Net Revenue Shares. City has no financial obligation to Contractor beyond the balance in the MRF Contract Contingency Fund. (8) If the revenue from City's marketed Acceptable Recyclable Materials less the Contractor Fee does not produce a $20.00 Contractor Revenue Share, Agency will pay Contractor the difference between the Contractor Fee and the revenue from City's marketed Acceptable Recyclable Materials and the difference between a minimum $20.00 Contractor Revenue Share and any partial Contractor Revenue Share received from City's marketed Acceptable Recyclable Materials. Such payment will be paid first from the Agency Accumulated Revenue Share. If there is no remaining Agency Accumulated Revenue Share, Agency will pay Contractor from the MRF Contract Contingency Fund. In no event will the payment to Contractor be more than $73.17 per ton per month. Agency has no financial obligation to Contractor beyond the balance of Agency's Accumulated Revenue Share. 3 15 recycle t SUSTAINABLE DUBUQUE www.sustainabledubuque.org Please have your yellow bin(s) set out at curbside by 6 a.m. The bins and any bundled materials may not weigh over 40 lbs. each. No plastic bags accepted -- please recycle them at many local cooperating retailers. To request an additional bin, one with wheels for special needs, a basket for apartment recycling, or further information on what can and cannot be recycled, please call the Public Works Department at 563.589.4250 or visit the website at www. cityofdubuque.org. For local drop off recycling opportunities, visit www.DMASWA.org. PAPER ILASTIC • Milk, juice, and cooking oil jugs • Pop and water bottles, plastic cups • Bleach and detergent containers • Household cleaning containers ME' ""� • Pop, juice and beer aluminum cans • Rinsed tin /steel food cans (labels ok) • Aluminum foil, pie pans and trays • Metal jar lids in flattened cans • Pots and pans, stainless steel • Copper, brass, and aluminum • Empty aerosol cans • Newly emptied, clean latex paint cans All items for recycling must weigh less than 40 lbs., be reasonably clean, and be less than 3 feet in length. ONLY 4 t. • Tissue roll cores • Shredded paper strips • Paperback and hardback books • Newspapers, magazines, catalogs • Clean pizza boxes, pop and beer boxes • Envelopes, junk mail, paper bags • White, colored and fax paper • Corrugated cardboard - flattened, less than 40 lbs. if bundled, less than 3 ft. long, staples okay Milk an . juice' paperboard cartons Food - encrusted pizza boxes eal box liners, feed /seed bags otographs, foil greeting cards Tissue paper, foil gift wrap Soiled paper plates, cups and napkins Syringes, needles, sharps and knives Plastic without a recycling symbol Plastic with a #6 or #7 symbol Plastic bags and film wrap Styrofoam, toys, laundry baskets • Shoe boxes • Gray chipboard • Phone books • Cereal boxes • Carbonless forms • Paper egg cartons • Shampoo, lotion, and soap bottles • Margarine and ice cream tubs • Yogurt cups and clean plastic flower pots recycle G ass Disposable diapers Plastic egg cartons Tyvek envelopes Oil filters and batteries Anti - freeze and motor oil containers Pesticide and chemical containers Orange prescription pill bottles All black or microwave containers Slick- coated frozen food boxes REFUSE COLLECTION How much trash can I set out each week? Your monthly solid waste base fee pays for one weekly 35- gallon bag or can. Green single -use stickers are required on extra 35- gallon cans, bags or smaller items. Weight of a standard individual container and contents must not exceed 40 pounds. Non - complying containers and set outs will be tagged by crews and left uncollected. What are the costs? Green stickers ($1.30 each) are available on sheets of five at area grocery, discount, and hardware stores. Call Utility Billing at (563) 589 -4144 to subscribe to an additional 35- gallon can for $5.60 per month or to "upgrade "to an oversize can (36 to 50 gallon), replacing your base container, for an additional $2.30 per month. Monthly tipper cart subscription charges: 64 gallon (224 pounds max) at $21.00, 96 gallon (324 pounds max) at $30.00. How am Ito set out my trash? Trash must be set out to the curb or alley line by 6:00 A.M. on the scheduled collection day. Containers must not be set out more than 24 hours prior to the collection day or left out more than 24 hours after the collection day. Containers at a group /common setout point shared with neighbors must be marked with the address and apartment number. Cans must be heavy- duty, waterproof, with a lid, and manufactured for trash. Heavy -duty plastic bags manufactured for garbage are acceptable if tied and not torn open. Medical sharps will not be collected unless placed in a small, hard, lidded, plastic or metal container marked "SHARPS:' Electronics have been banned from landfill disposal and will no longer be collected as refuse; they must now be recycled (not in curbside recycling) or donated. Electronics are such items as televisions, monitors, computers, DVDNCR players and cell phones. For information on recycling your electronics, visit www.DMASWA.org. YARD WASTE What is yard waste? Yard waste, or more appropriately called yard debris, includes grass clippings, leaves, pinecones, pine needles, fallen fruit, brush, garden plants and culls, tree trimmings, bark, sod, flowers, potted plants (no pots), pumpkins, straw bales, corn stalks, and Christmas trees. Yard waste/ debris is NOT nuts, animal waste, rocks, or building materials. Am I required to use paper yard waste bags for my yard waste /debris? No. You may set your yard waste out in a rigid solid waste container (up to 35 gallons) and either attach an annual decal or loop a yellow single -use yard waste sticker through the handle. Plastic bags are not accepted. Do I need a yard waste sticker on my 35- gallon can or paper yard waste bag? Yes. A yard waste can, without an annual decal (currently $30.00), requires an attached yellow yard waste sticker looped through the handle. Paper yard waste bags also require attached yellow stickers. Containers over 40 pounds will not be serviced. LARGE ITEM COLLECTION How can I dispose of bulky and excessive miscellaneous items? Call the Public Works Department at (563) 589 -4250 to schedule a large item collection. Collections are normally done on your regular solid waste collection day, except for appliances which are usually done on Mondays. All items must be set out to the curb or alley line by 6:00 A.M. on the day of collection, but not more than 24 hours prior to collection. 411■6. 41/10 qrwe What are the charges? The minimum fee is $8.00 and allows you to set out bulky items or an excessive volume of miscellaneous items equal to approximately 10 -12 bags or cans. Additional volume is charged in $8.00 increments. If you would like a collection on an off -route day, there will bean additional charge of $10.00. Appliance disposal costs $12.50 each. Automobile tires cost $2.50 each off rim, and $6.00 each on rim. Pick -up and light truck tires cost $6.00 each off rim. Fees are charged to the customer's utility billing account. In situations where the landlord pays the utilities, tenants may pre -pay at City Hall - Utility Billing. What are considered appliances? Appliances include: Microwaves, stoves, refrigerators, freezers, hot water heaters, trash compactors, washers, dryers, dehumidifiers, ovens, dishwashers, air conditioners, garbage disposals, trash compactors, water softeners, furnaces, and miscellaneous refrigeration and electrical equipment with specialized switches. What is prohibited in Large Item Collection? Prohibited items include: stockpiled daily garbage, yard waste, rocks, bricks, concrete, building and construction materials, lumber, ceiling tiles, shingles, fencing, explosives, propane cylinders, fire extinguishers, batteries, asbestos, liquids, paint, motor oil, chemicals, televisions, computers equipment, DVDNCR players and miscellaneous electronics. UPDATED JULY 2011 11 IE CITY OF a -1 DUB Masterpiece on the Mississippi 563.589.4250 www.cityofdubuque.org Total Incoming Loose Tonnage from Agency Planning Area Total Incoming Baled Tonnage Handled from Agency Planning Area Total Incoming Tonnage from Outside Agency Planning Area % Trash Total Incoming Tonnage from all sources and areas - Month's Residual Tonnage Landfilled, Incinerated Residual Material Tonnage As % of Incoming Tonnage Explanation if Residual Materials % exceeds 5 %: Estimated Residuals: % Glass or Stockpiled I % Other Recyclables INDEX OR REVENUES FOR MATERIALS SHIPPED OUT All Tonnage Index or Revenue Per ton City Tons Value of City Materials Estimate Adjusted Prior Mo 11. Tons SHIPPED For Primary Processing 12. Tons Sold / Shipped To Markets Total Corrugated Cardboard (OCC) Total Newspaper (ONP) (PS -8) Total Sorted Office Paper Total PET Plastic #1 Total HDPE Natural Plastic #2 Total HDPE Color Plastic #2 Total #3, #4, & #5 Plastic Total Old Tin Cans (OTC) Total Used Beverage Containers (UBC) Total Food & Beverage Glass for Recycling Total Glass Beneficial Use Total Other - - - - - - - - - - - - - - - - - - - - - - - 'Total Tons Shipped and Value Sold 1 - 1 - 1 $ - 1 - 1 $ - I Avg Value per ton of City Recyclables Cost / ton to ship glass for recycling I I Cost / ton to ship glass beneficial use 1 I Requires Contractor Data entry j Tipping Fee for glass from City 540.00 1 1 Requires formula or fixed amount 1 Attachment C MONTH OF MRF Contract Reports New Contract Model Blank 8/112011 2:34 PM ATTACHMENT C Contractor's Total MRF Tonnage (Curbside, Commercial & OCC- Incoming and Outgoing) and Residual Materials Percentage 19 (TOTAL CURBSIDE TONNAGE OUTSIDE PLAN AREA 0.00 PART B AGENCY : RECYCLING STATIONS TONS PULLS Cascade Drop -Off (Pulls @ S110) Dittmer Recycling MRF Drop -Off (included) Epworth Drop -Off (Pulls a@ 590) Farley Drop-Off (Pulls @ 590) Key West Drop -Off (No charge - Pulled by DMASWA) Landfill Drop -Off (No charge - Pulled by DMASWA) FlexSteel Drop -Off (No charge - Pulled by DMASWA) NA 101 AL AGENCY PLAN AREA DROP -OFF TONS Attachment D TOTAL REMOTE SITES DROP -OFF TONS MRF Contract Reports New Contract Model Bank 6/112D11 2:34 PM PART AI ATTACHMENT D Generator /Hauler Delivered Tonnage From Agency Comprehensive Planning Area And Outside the Planning Area Month of Generator / Hauler Recyclable Type Outside Plan Area 1 TONS Allied Waste Services Curbside Recycling Commercial Clean OCC Ruling Sanitation Curbside Recycling Commercial Bi-County Curbside Recycling Commercial City of Dubuque Curbside Recycling Dittmer Curbside Recycling Commercial Clean OCC Montgomery Curbside Recycling Yes Waste Management Curbside Recycling Yes TOTAL CURBSIDE TONS 1 1 TOTAL PRIVATE HAULER COMMERCIAL TONS TOTAL CLEAN OCC 1 PAY YIN 21 CONTRACTOR'S FINANCIAL TRANSACTIONS STATEMENT MONTH OF Revenue Shares Net Balance Prior YTD Current Due Current YTD 2011 Curbside Processing Fees Paid by Agency 2011 Drop -Off Processing Fees Paid by Agency 2011 Revenue Shares Received For Agency 2011 Revenue Shares Received For Contingency 2011 Revenue Shares Received For Agency Hauler $0.00 50.00 $0.00 $000 I 50.00 I 50.D0 50.00 50.00 50.00 50.00 FILL OUT EITHER CURBSIDE SUBSIDY SECTION OR REVENUE SHARING SECTION IF REVENUE SHARES ARE LESS THAN CONTRACTOR FEE Tons Per Ton Value Value of City Tons Delivered Contractor Fee plus 520.00 surcharge $ - $103.17 5 - TOTAL CURBSIDE PROCESSING SUBSIDY DUE CONTRACTOR 1 $0,00 OR IF REVENUE SHARES ARE MORE THAN CONTRACTOR FEE Tons Per Ton Value Value of City Tons Delivered Contractor Fee - $83.17 - SUBTOTAL CURBSIDE REVENUE FOR SHARING 1 _ AND REVENUE SHARES TO BE SPLIT Revenue Share % Value Agency Hauler : City of Dubuque Agency Dittmer Recycling 55% - 5% - 40% - GRAND TOTAL REVENUE SHARING PAYMENT DUE AGENCY 1 - AGENCY DROP -OFF PROGRAMS Tons Fee /Value Net Fee Part A Drop -Off Processing FEE from Dittmer Recycling Site Recycling Stations $25.00 0.00 Drop-Off Processing VALUE from remote Agency 0 0.00 TOTAL DROP -OFF PROCESSING SUBSIDY DUE CONTRACTOR $0.00 Part B # of Pulls by Contractor from Agency Recycling Stations Stations 0 590 5110 30 3o # of Pulls by Contractor from Agency Recycling ft TOTAL DROP -OFF HAULING PAYMENT DUE CONTRACTOR I $O Attane ^t E MRF Contract Reports New Contract Mocel Blank 6:1,2011 2:30 PM ATTACHMENT E 23 ATTACHMENT F INSURANCE SCHEDUULE 24 INSURANCE SCHEDULE A INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF OMASWA PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY IDMASWA) 1 All pc:Aloes cf insurance required hereunder shal: be with an insurer authorized to do business in Iowa All insurers snail have a rating of A or better in the current A M Best Rating Guide 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the Dubuque Metropolitan A-ea Solid Waste Agency except for a ten 1 ,,19i day notice for in payment, if cancellation is prior to the expiration date shall fumisn a signed Certificato of insurance to the Dubuque Metropolitan Are Solid Waste Agency for the coverage required ir Paragraph 6 below Such eel fientes Shni include copies of the following policy endorsements Ri Commercial General Liaoility policy is primary and non conrribueng h. Cemmercia: General Liaoility additional insurers endorsement r: novernmenial Immunly Fndorsements 4 Fa certificate shall bc submitted to the contracting department of the Dubuque Mettripertan Area Solid V/aste. Agency 5 Failure: to provide rr:nimu-n coverage shall not be deemed a waiver of these requirements by the Dubuque, Metropolitan Area Solid Waste. Agency I allure to obtain or maintain the required insurance. ha1 he considered a matena breach of s agreement 6 shall be required to carry the fol:owing minimum coverage/limits or greater if required by law or otner iega; agreerent a COMMERCIAL GENERAL LIABILITY Gereral Aggregate 'mit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit. Each Occurrence Limit Fitt: Damage Lirit larly one eei.:urn: Medici' Pay77'e!lis This coverage shall be written on an occurrence. not a claims made form, Form CG 25 04 03 97 "Designated Locally) Cu) General Aggregate Limit shall sk.IPb ncluded All deviations or exciusioes from the standard ISO cornme general liability form CC.; (Y):.11 1-30=dness C)wnr arrn KF (ICC" shall he clearly idenhfied 0 2 S2 00C 000 $ 00C.000 sl 000.000 $ ." 000 000 S 50 000 S 5 000 r a r 2C10e Statutory for Coverage A Employers Fach Accident Each Fmployee DIF,earse Policy Lirrift Disease INSURANCE SCHEDULE A (Continuec0 INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF DMASWA PROPERTY OR VENDORS (SUPPLIERS. SERVICE PROVIDERS) TO THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY Governmental Immtirrty Lnciorsernent identical or equivalent to torm atached. Additional hued Requirement Thu Dubuque Metropolitan Area Solid Waste Agency. including all its elected an appointed offijals, all its elipluyees and volunteers. all its boards commissions andlor authorities and tneir board irentbors, otnoloyeos and volunteers shale be named as an additional , nsured en General 1 ability Policies using ISC endorsement CG 20 26 0704 'Additional Insured Designated Person or Organization " or its equivalent - See Specimen WORKERS' COMPENSATION & EMPLOYERS LIABILITY c) UMBRELLA EXCESS LIABILITY LIQUOR OR DRAM SHOP LIABILITY Completion Checklist 2 of 2 Janira'y ?CO Onveri ge. to be determined on a case by case basis by Finance Direct ©r $1CO S100,C0(J $500,C00 Certikate of Liability Insura•ILe (2 paves) Dosigrated Lcoation(s) Geriera Aggregate L=rnit CG 25 04 03 97 (2 pages' Additional Insured 20 25 07 0'l . 1 Governmonta Immunities Fndorsement 26 ACORID.. CERTIFICATE OF LIABILITY INSURANCE 1 DA'r•(YM o,? "rt)c'" (563) 45E7 L•Ax: 455313tr+ €b4,1 r sum 'r., A.' e.11. Street Adaress THIS c.:kRTIFCATE IS ISSUED AS A MATTER OF INFORMATIGW ONLY AND CON ND RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE ODES NOT ATMND. E?rTEND OR AL TEN THE COVERAGE AFFORDED eV THE POLICIES BELOW. City St Zzp Code HiSU AFFORDING COVERAGE NA IC t 1W LAS Company 1 < I, Stt env i. 1I •✓ CatY 3t Z:p Co'dE �. T•.E gC."7:l:lf'.-Hr. t -F ,t4 ? 5 TR P..LY'EA 1> =N':.UWAB_E itc_"e ,E: °:lh r+.At't ti E4 '., "L, 1. I - PA",k I> I!c ^/nil N' KIN C :a L(' ON n- AN I: --Nt7f A.: "' r: L.:iit i 1 is c ,1' T 1T 1? Tie FF S' FI "T 'h:S'4A1 F .Fr' ° FTI Re `HF a :•, t F'. (t -5 h• FA- "e1- IN ;n 1 .+ I ''•k r It :G,'• t: ; IVI ;;; aIE.I111 M • 111, l°V 141 IA ()LU Lir ' r 1,. ,, A(] r((h IC rrrr rri INEfIV I P6 @L ING..WANCI. Vitt il: ( It SR :'ATE MA t5V' 1 I+,;t' ■t.. I .1:L! _'r I "_14 ti:: WI, ":11 N':'4'ATI•DT4M_lPlG Nrf 111 1,14 -F• •HS ''FH1I. 1°,1,11 tike FF (1S..1-1'' H M. 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'.1 "f I. . . s .4 : 4e. - .1' 4 r' .. 2(24 2i, :: 't'sl�:. tiar.ai :_a.saeJ i re 37. 77 .IC7a-. _: .t3 C"1".1°S.^. :1.r.'_, f Ger.er al - _at:l.._1 }:41495 }.t SRCAzy A 1r-'r ._ r: n. 1 . ) .. ; 14, . ?h "14' '1: -" ;- 1.' -.1 €,,:-w ,s r . .. .c 1 .1, 1. y s„Tr ;'441 ter :ttrtt1 1R : nr.' :c:o f4 ostarT'Tlo.•IFal :1Y°tr. 1111 .x I.°i , . Y.. 34 IC 11 YC. . i ERTI;IGAT HOLDER L'(:.tr,1�44r Yrtrcap.i1�La.) Area Haste Agency "v :5 kasFOS (our( Cub:.mu©, :A 5e' :o1 AC©R2 2512(01'I) J INi1175, c . t CA•1 UELL.A t ION 44,11. 1 PS.344 4,, , rt_L4.I :S GE LAWL1LLEU tit' 1.4 IxL EA ,t, [A ": T 1Crr' :r. 'rE 41. f 4YLl C1I 8 4R T: VAL 1 i. eA%wiI r 41. #.l '91.'•)•.11" 14I Fn. '1FFh0. NF,r r 7HE 6FF .4. 14. 1:. 33 ex $HA_. , M' „ n4 met I3A-rn Q11 41Arh, 719" 941K.40 0r94, n+E n.S J {`I. 27 41 Iv 1)4 - S 'A "1Y kS '' ACOR (CJ aVUI' A I ILTN 171E .0.1:ORD 2612)31,Cl; 145C25 •. IMPORTANT 11 r: P. :1:1 'Nita. •. ii 1. 1.. et p •nt.r.' •-t-t ..;,"...11.ni.4.11U It . Ft,_ LI u 5,,ECC.GAT CN 15 u: ! 1' I.! ' d 0 1 u itt p 1 rt l‘wor-1! A h':1'1•It' 1*.t.; et LI ei ;;1' L 11 ti t.011 i1-1 11 1-1 so'•1 111' It SI DISCLAIMER i 2/1' losorirce tro ri rt. o' 17.11 der r..71 c 0.:7ntr1c1 ht! o- Ito fr,&u fl tAtire,rt..-/tie'rdr- - A it till; t-t irti 1 rt t-" ii 1 '10 rIt'rtti! v"Ist tr - 41.3.,Vt.trt 3tr'Cnt3, Ct'w•ftrel or rt ler lro Zaverape af`or2e.:": b •he r 711c-es •1"iti 28 COV,MERCIA,L GENERAL LIABILITY CG 25 04 02 97 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT Fr) 1-.1-r - r be - sIgn 4ad LocationW scnirput r - , , .4I as: A. f-o- . ;,11 Aafn t- 0 1 - E:0:0 cr,a 1, cb.zatcc car' da:mcgcs b. - niCtr Cr..„:°.:b1 A ? for a rno: a cv 'Jrce EF.AGE C (SE.17.1" Cr% I). L.A1 .a• Aral„ti-r n ..vtd, ,1 - 1. 11, Lccatcrt (z(;:rcfc:. 'A•i;g:iec I. n appl ra 1Tri grmicr: r- at 411 5 Ih- 1 ' r14- 2. T11- 1744-1,IL1",4' di 1:21 731- r HI; .r ▪ ■•■` O'd=r CCT,::.°.F.,1GC 41 '1.,2j-4J 4' 11, "p' .S.55 r■ C a b. :l a:11. r c. t. ' 1.1 ■ • A 'Dr ..! Cf:' Le:apra:cd Luca 11:n . {.;:c - , Drz.,' 7..go L rr ! tor t 07:7 r'fl , r' n1 •r. L 25c14 U3 29 :le 1-0::13 "or 1 GO'C 1 1,:gre e m fz- an e 01e' et'141.'14J -n aco„:e 4 - 1 .,. 1 m k"' De ....I:7i 3 20. 'of F. C:c.! -, \1€::l ' :44' - t , b21(t: t^C C'•o' 3 ,AProatc Limr r. ▪ :uz1:: AI bt." Loza'. n4+1,,r.1 ..,[4-_.11- E r ","..i A I 5. it , 1,44 ...1: 1 A 1). .17C. fIA"I C ISEr2.T Co 1 , 4. - perov.r.- - ..tas a: - .1w9 r 1 1)— it C Al.' 1 .4 f t 1'l'('-»4 . 1 1 '1 - F p ▪ 'S 1. " 2 = it [t t.t ttt 44 - ttt-ttt:it 4- *. :7 1. ft CG 26 04 03 97 C ner tu UL - ; • _ ro:uctz orm:Ared -. 1_try' Or 0'14 ir): 1.'FrrE-1! Li r:t Terra! rrlr mrrn- ;re:atr:-. C■t-- efA AQ7412,Ert: Lrr CI Fly rh-' ri t4c LAfi fE ind b rC L;r:d I n Pizc:4: 2 o' 2 C6 7-5 C4 C3 P: 30 ir E 111i rr:t lh PC1 Cr NiMBER COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED t trioL.,:f - i (0.1(vs flI 4fl r •16 !" k on ri COMM: Rc11 CIFY- IkH I I ftg......;[ PAR SCHEDULE Name CI Additional In3ured PersonWpr OrganIzationis) The Dubuque Metropolitan Area Solid Waste Agency, including all its elected and appointed offiaals all its employees and vol.riteers all its boards commissions ard/or authorities aro their board members, employees and volunteers lifcfmat cr, ro7.4.1 coo tz.., carpet:: tits Scrim* if not , I to sn.a)r I^ 1 Dec Section II - Who Is An Insured is as a ailiitcria iijrd he ,7 cr- yin :ati,si MJA n the chem e b.t on Yeth rrzt lo I aoLt o "ty;(til ciarri age' f '.7terscnal ar moriv111wig vry Ca,..1.1%1 .n ' C" Part. Cs iu c;s or ;inmssiz.ns :Jr the o Qn115.510r$ o' those rg an ! ,i0..11' A I ti Cry .ku i :.` )o.ii cI l9 c s or B. I corner:I 0 'Ilv przrrrsc wicc of relterl CG 20 26 07 04 PERSON OR ORGANIZATION All forms and conditions of this policy a ppl y unless fnotliflod by this 'indorsement z 5 ;.. riercini DI Irs.irDn:c xs rice I :o s c^ P49n 1 011 31 DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY IDMASWA) GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaive- of Governmental Immunity. Tne insurance carrier expressly agrees and slates hat the purchase of this policy and the including cf the Dubuque Metropolitan Are Solid VVaste Agency as an Additional Insured does not waive arty of the defenses cf goveremental immunity available to he Dubuque Metropolitaa Area Solid Waste Agency under Code of Iowa Section 670 4 as it is now exists and as it may be amended friar') litre lo tirrto 2. Clair's Coverage. The insurance carrier further agrees that this poky of ilEJrance shall °ever only those c aims not subject to the defense of governmental immunity under the Code of lowa Section 67D 4 as it now exists and as it may be amended from time to time Those clams not sub ect to Code of Iowa Section 6/0 4 shall be cove by the terms and conditions of his insurance policy 3 Assertion Of Co.vernment Immunr The Dubuque Metropolitan Area Solid li,"iaste Agency shall be responsible for asseron9 any defense of governmenta' irnatJaity. and may l so at any tic and shall n.ci so upon the trrne'y wriden request c+ te iM.;riner.! carrier 4 Nan o' Coverage I he nsu-ance carrier shar not °env coverage unciel Us pc11:7..y and the insurance caner snail not deny any ol the r yhts and benefits accruing to the Dubuque Metropolitan Area Solid Waste Ayency unclei this policy fur reas ot governmental unless and =lc Luu!t competent iL,rit:dicticin has ruled in lavor of the detansefsi of governmental iminuaity asseaeu by the Dutque Metropoleaa Area Solid Waste Agency. No Other Chance in Policy The above preserve:ion of governmental icernanities shall not otherwise change or alter the coverage available under the pelicy. SPECIMEN 1 of 1 January 20C 32 Masterpiece on the Mississippi TO: Donald J. Vogt, Public Works Director FROM: Paul F. Schultz, Resource Management Coordinator PFS SUBJECT: Financial Impact of the Proposed Dittmer MRF Contract and the Elimination of Curbside Glass in Recyclables Collection DATE: June 16, 2011 Dubuque bitil NI- AmancaCity 1 2007 The purpose of this memorandum is to report and evaluate the financial impact on the solid waste monthly fee of the proposed Dittmer recyclables processing and marketing contract and the elimination of glass in curbside recyclables collection Negotiations with Dittmer Recycling have been completed and the proposed contract (attached) reviewed and edited by City Attorney Barry Lindahl. This final draft was reviewed by DMASWA staff and has been agreed to be signed by the Dittmer Recycling owners. It has not yet been placed on the DMASWA Agenda. The contract offers greater revenue sharing potential than the previous three year contract with Dittmer Recycling, which this one replaces. It also limits the financial risk to the City and the DMASWA in serious downside and volatile markets. For comparison purposes, if this contract had been applied to the extreme down market in the 2009 calendar year, the City would have received $40,676 instead of the actual $594 in revenue share. Also in calendar 2009, the DMASWA would have paid an additional $651 in contingency support from accumulated net revenue shares received to date in addition to the actual $51,174 paid to Dittmer Recycling. If this contract had been applied to the stronger market in the 2010 calendar year, the City would have received $191,312 instead of the actual $15,932 in revenue share. The DMASWA would have received $17,392 in revenue share instead of the actual $32,898. If this contract had been applied to the highest market ever - the first five months in 2011, and projected for the full calendar 2011 year, the City would have received $360,000 instead of the projected $38,226 in revenue share under the old contract. This highest end projected revenue if received could reduce the solid waste base fee by $1.56 per month. The DMASWA would have received $28,289 in revenue share instead of the $68,303 under the old contract. So far in FY11, although no revenue was budgeted from the old recycling contract, the City has received $16,429 in revenue through March. The FY 11 operating budget, without the above old recycling contract revenue, is still expected to finish with approximately $25, 000 in higher revenue and $65,000 in lower expense. Any higher revenue and cost savings will be retained in Fund 670 and contribute to future Resource Management CIP programs. Under the proposed contract, which is retroactive to Aprill, 2011, I anticipate an additional $60,000 in additional City revenue for April and May to be received in FY11. June 2011 revenue would be received in FY12. However, also under the proposed new contract, the first $50,000 in City revenue would be held by the DMASWA as a contingency fund to pay Dittmer Recycling in the case of extreme down markets through FY14. Any remaining balance in this fund would be reimbursed to the City at the end of the contract. The actual uncommitted revenue earned in FY11 will be approximately $26,500. This $26,500, equal to $0.11 per customer per month, is combined from both $16,500 under the current contract plus the estimated $10,000 ($60,000 minus the $50,000 held as contingency) under the new contract. This unbudgeted one time revenue would be retained in Fund 670 for future Resource Management CIP projects. FY12 Revenue from the new MRF contract could be projected in a range by factoring projected tonnage and the average market value from January 2009 through April 2011. Expected tonnage would be reduced to 3,600 tons due to the loss of glass tonnage. The estimated average value of the City's marketed recyclables in FY12 is projected at $145 per ton. The City's FY12 revenue share would then be projected at $122,433 which is could reduce the solid waste base fee by $0.53 per month. This is an increase of $115,233 over the $7,200 of currently budgeted revenue from FY12 recyclable sales. Therefore, an increased revenue range between $100,000 and $130,000 could likely be earned under the new Dittmer Recycling contract. However, some market analysts are predicting a significant decline in the market value of recyclables later this year. The highest market projected revenue in FY12 would be $330,000 due to the reduced glass tonnage or a $1.43 potential fee reduction per month. Given the volatility and unpredictability of the recycling materials markets in recent years, I am hesitant to recommend using projected fiscal year revenue to lower future fiscal years' solid waste monthly fees. I recommend instead either using recycling revenue to support Sustainable Dubuque smart resource management initiatives and /or that it is used in calculating the FY13 solid waste monthly fee. Another FY12 fee impact is the termination of the collection of glass in curbside collection. Anticipated annual savings would include: 1. $63,000 in wages and benefits through the elimination of one Sanitation Driver position through attrition. This is expected to begin on July 13, 2011 with the retirement of Randy Koster; 2. $26,000 in reduced amortization and maintenance costs associated with owning /operating one Tess recycling truck. One of the six recycling routes was eliminated in April; 3. $8,000 through not amortizing five truck retrofits for glass hoppers and hydraulic dump buckets; and, 4. $12,000 in reduced MRF glass handling costs. This reduced cost for eliminating glass in curbside recycling is projected at $109,000 per year, which equals $0.47 per customer per month. However, $0.10 of this was already anticipated as contributing to fund future truck purchases. I recommend considering using this remaining cost savings of $0.37 to reduce the FY12 monthly solid waste fee. This is appropriate since the City effectively reduced customer service in eliminating glass from curbside collection. RECOMMENDATION: My recommendation is to use the $0.37 savings from the elimination of curbside collection of glass to reduce the FY12 solid waste fee from $11.09 to $10.72 per month. I also recommend increasing the Solid Waste Fund 670 balance with any FY11 solid waste budget surplus and any FY12 Dittmer Contract revenue. These earnings, when received, would be considered in setting the FY13 monthly solid waste fee. Tax or Fee Dubuque's Rank City Portion of Property Tax Rate Lowest Property Tax Rate Per Capita Lowest Water Rate Lowest Refuse Rate Lowest Sanitary Sewer Rate Fourth Lowest Stormwater Rate Second Highest Masterpiece on the Mississippi The keys to the City of Dubuque's financial success include: • a continued growth in assessed property valuation (3.77% in FY2012); • efficient operation with a 6.6% (39 FTE) reduction in the City's workforce since the 1980s; • increased use of grants, mostly federal ($91.4 million in the last 2 years); • diversified revenue streams including local option sales tax, utility franchise fee, cable franchise fee, stormwater utility fee, gaming, land leases, etc.; • reduction in debt supported by the property tax debt service levy, now only 1.4% of debt; • increased public /private partnerships; • entrepreneurial City Council policy decisions; and • caring citizens, significant business investments, committed elected officials, hard - working not -for- profits, and talented city employees. FISCAL RESPONSIBILITY See back page for detailed rate comparisons. Fiscal Benchmarks Among Iowa's 10 Largest Cities $20 $18 $16 $14 $12 $10 $8 $6 $4 $2 $0 $35 $30 $25 $20 $15 $10 $5 $0 $40 $35 $30 $25 $20 $15 $10 $5 $0 012.44 $10.45 810.84 n Dubuque Aerie. West Des Cede D +enpon o De Mo ires S.ou 0 :15 lov.a , Caen I Wate Main s Rapids w/o a Bluffs Dubuq e Dubuque is the LOWEST in the s ate for property tax rate. The highest- ranked city (Waterloo) is 75% higher than Dubuque's rate, and the average is 51% higher than Dubuque. (Des Moines' rate includes the transit tax levy adopted by the Des Moines Area Regional Transit Authority for comparability.) $18.49 Dubuque Co ncll 81 Ifs - - .ones Ay rage w/o Cedar Rapids Iowa City West Des Dubuque Moines Dubuque's water is some of the best in the world! It has the LOWEST water rate among other large cities with water softening. The highest- ranked city (West Des Moines) is 59% higher than Dubuque's rate, and the average is 35% higher than Dubuque. (Monthly rates based on 5,984 gallons/residence average.) Coon II Waterloo Bluffs 520 74 Celia Rapids Property Tax Rates 517 04 517.81 510.26 $17.00 $17.30 r1 $15.22 $15.53 $15.81 S22 7< Water Rates Dubuque Air.. $24.99 Sewer Rates $26.90 $29.34 $27.34 $31 06 $29.40 $36.08 Dubuque's Water Pollution Control Plant is currently undergoing a $64 million facility upgrade. Dubuque has the fourth- lowest sanitary sewer rate.The highest- ranked city (Iowa City) is 52% higher than Dubuque's rate, and the average is nearly 10% higher than Dubuque. (Monthly rates based on 5,984 gallons/residence average.) $900 $800 - $700 - $600 - $500 - $399 $400 - $369 $300 - $200 - $100 - $25 - $20 $15 $10 $5 - $0 $0 $10 $9 - $8 - $26.08 $2710 $24.63 • • noon Average West Des Sioux City Dee Moines lows Clly $0 w/o Moines Dubuque $7 - $6 $5 $4 $3 $2 $1 Dubuque Dubuque has the LOWEST property taxes per capita in the state. The highest- ranked city (West Des Moines) is 122% higher than Dubuque's property taxes per capita, and the average is 63% higher than Dubuque. $11.09 $11.19 Dubuque West Des De Moines Waterloo SI ua City o ven on A era a Iowa CM Coun 0 C oda Ames w/o Bluffs Rapitls 0 bug e Sleix Clty Moines $13 $14.25 $13 0 $11.75 me Si ax dee De Moores Waterloo 46 $1.84 $1.85 Davenport Property Taxes Per Capita Dubuque has the LOWEST refuse rate among the 10 larg- est cities in the state. The highest- ranked city (Ames) is 94% higher than Dubuque's rate, and the average is 34% higher than Dubuque. $2.50 Refuse Rates Stormwater Rates 3.4 5602 3.9 5612 I 1 1 �earaae ' Cetlar CoercA , 516 06 516.71 $ 4.88 $15.50 4.2 4.56 5742 $5.60 584 Clly W A Lis Moines 521.50 $8.84 Iowa CM Ames As rage w/o West Des Cedar Rapids Dubuque De Mm es Dubuque Moires Dubuque has committed nearly $50 million to the Bee Branch Creek Restoration Project to protect 1,150 properties from stormwater flooding. The highest- ranked city (Des Moines) is 58% higher than Dubuque's rate, and the average is 47% lower than Dubuque.