Fiscal Year 2012 Solid Waste Collection Monthly Based Fee & AgreementMasterpiece 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
All-America City
I
11111
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 D,lit/
SUBJECT: FY12 Solid Waste Collection Monthly Base Fee
DATE: June 16, 2011
Dubuque
kthril
All- America City
11111,
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
OFFICIAL
PUBLICATION
ORDINANCE NO.35-11
AMENDING CiTY OF
DUBUQUE CODE OF
ORDINANCES TITLE
13 PUBLIC UTILITIES,
CHAPTER 6 SOLID
WASTE, ARTICLE A
CITY OR PRIVATE
COLLECTION SER-
VICE, SECTION 13-6A-
6 RATES AND
CHARGES ESTAB-
LISHED; 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 ESTAB-
LISHED; EXCEPTIONS:
A. Class I Premises:
Except as qualified
'below, a fee often
dollars severity -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 clty 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 f
household is sixty five
(65) years of age or
older and has an t
annual income equal to J
nr IPcc than tho inn..,,,.
intent to terminate th
service. Such termin
ation of service shal
be effective at the
beginning of the next
billing period afte
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 sub-
scription 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
sbcty cents ($5.60) each
per month. The four (4)
subscription periods
are: a) July, August and
September; b) October,
November and Decem-
ber; c) January, Feb-
ruary and March; and
d) April, May and June.
A'subscription may not
be canceled.
3. Oversize, nonstan-
dard 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 contain-
ers 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 subscrip-
tion for weekly collec-
tion of an additional
oversized solid waste
container, or contain-
ers, may be subscribed
or an additional eight
dollars ($8.00) each per
month. The subscrip-
ion ends each year on
une 30. A subscription
e shall be paid foreach
- additional three (3)
cubic yards of solid
waste.
3. An additional fee
r 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 imme-
diate 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 takes
effect on the 1st day of
July, 2011.
Passed, approved and
adopted this 27th of
June, 2011.
/s/Roy D. Buol,
Mayor
Attest: /s/Kevin S.
Firnstahl,
Acting City Clerk
Published officially In
the Telegraph Herald
Newspaper the 30th
day of June, 2011.
/s/Kevin S. Firnstahl,
Acting City Clerk
1t 6/30
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: June 30, 2011, and for which the charge is $94.07.
.-Pd-„,
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ,IGYA day of , 20 // .
Notary Public in and for Dubuque County, Iowa.
MARY K. WEST RMEYER I
F Commiriion NumbI(1540r., j
• : , �� 4
t Mousing program" for subscription for weekly
I one and two (2) person collection of an
1 households may, upon additional oversize
application to the city solid waste container,
manager, be exempted or containers, may be
from one-half (1/2) the subscribed for an
established collection additional eight dollars
charge. After the Initial ($8.00) each per
application, annual month. The four (4)
application shall be subscription periods
made by the head of are: a) July, August and
household on July 1 of September, b) October,
each year to verify November and Decem-
annual income and ber; c) January, Feb -
eligibility. ruary and March; and
3. In cases of extreme d) April, May and June.
financial hardship, the A subscription may not
city manager may, and be canceled.
is hereby authorized 6. solid waste carts,
and empowered to, owned by the city for
make adjustments in semiautomated lifting,
the monthly collection may be Subscribed by
charges as. the city owners and/or pro -
manager may ' deem perry managers of
appropriate. In such class I, 11 and III
cases, the city premises. The cus-
manager shall have the tamer shall choose the
authority to require number and size of the
1 such proof of vacancy, cart. The fee for a sixty
financial status, age or five (65) gallon city
extreme hardship, as cart shall be twenty
the city manager may one ($21.00) each per
deem necessary. month. The fee for a
4. Class I premises ninety five (95) gallon
when a family city cart shall be thirty
household of five (5) or dollars ($30.00) each
more persons has an per month.
annual Income equal to 7. Official city .of
or less than the Income Dubuque single use
' standards used by HUD stickers costing one
for its "section 8 dollar thirty cents
housing program" for ($1.30) shall be applied
the size of that to each additional
household may, upon standard solid waste
application to the city container or small
manager, be exempted bulky or bundled item
from one-half (1/2) the In excess of the one
established collection standard solid waste
charge. After the Initial container collected un-
application, annual der the base monthly
application shall be solid waste fee or any
made by the head of additional subscribed
household on July 1 of container(s).
each year to verify 8. Multiple -family
annual income and dwellings of three (3),
eligibility. four (4), five (5), and
B. Class II Premises: six (6) dwelling units
1. A fee of ten dollars as well as class II or
seventy-two cents class 111 premises
($10.72) per month sharing a common set
shall be paid to the city out location with other
by the property owner city solid waste
of each class II customers shall only
premises for such use approved rigid
services. Said fee shall solid waste containers
be In payment for with permanent identi-
collection and disposal fication as to the
of one 35-gallon can or specific premises.
one 35-gallon trash bag However, for the two
of "solid waste" as '(2) weeks following
defined. There Is no Christmas, excess solid
limit on the number of waste may be set out
bins allowed to be in trash bags with
collected containing applied city of
acceptable "recyclable Dubuque single use
materials" as defined. stickers. (Ord. 21-06, 3-
2. The owner of a 2-2006, eff. 7-1-2006)
Gass II premises 9. In alleys where
served by the city solid solid waste carts,
waste collection may owned by the city for
provide the city sbmiautomated lifting,
manager with not less are required to be
than fourteen (14) subscribed by owners,
days' written notice of tenants and/or pro -
Intent to terminate the perty managers of
service. Such termin- class I, 11, and III
ation of service shall premises where the
be effective at the approved set out
beginning of the next location Is in an alley.
billing period after The customer shall
such fourteen (14) day choose the number and
notice period. • size of the cart(s).
C. Class III Premises: Such carts shall be
1. A fee of ten dollars subscribed according
seventy-two - cents to a fee schedule and
($10.72) per month program requirements
shall be paid to the city as approved by the city
by the property owner manager. (Ord.15.09, 3-
of each class III 9-2009, eff. 7-1-2009)
premises for such E. Special Collection:
services. Said fee shall The charge for a
be In payment for special collection
collection and disposal service for large and
of one 35-gallon can or bulky rubbish to each
one 35-gallon trash bag dwelling unit. receiving
of "solid waste" as such service when
defined. There Is no requested by the
limit on the number of owner shall be as
bins allowed to be follows:
collected containing 1. A fee of eight
acceptable "recyclable dollars ($8.00) shall be
materials" as defined. paid by the owner for
2. The owner of a each time the service
class III premises is provided for up to
served by city solid the equivalent of three
waste collection may (3) cubic yards of solid
provide the city waste.
manager with not less 2. An additional fee of
than fourteen (14) eight dollars ($8.00)
rlivc' umi}+on nnti re of
ORDINANCE NO. 35 -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 Tess 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 Tess 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 1, 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 11 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
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 1, 11, 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.
Passed, approved and adopted this 27 day of June, 2011.
4
.44J
Roy P /: uol, Mayor
Attest:
Kev n Firnsta
Acting City Clerk
5
EFFECT OF AMENDMENT
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
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 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. 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, 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
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)
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 2othday of June ,
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 less 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.
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5.4 Weighing of Acceptable Recyclable Materials. Agency Haulers shall weigh
Toads 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 load 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: Mr. Scott Dittmer, President
Dittmer Recycling, Inc.
1755 Radford Road
Dubuque, IA 52002
If to Agency: Mr. Chuck Goddard, Agency Administrator
Dubuque Metropolitan Area Solid Waste Agency
925 Kerper Court
Dubuque, Iowa 52001
If to City: Mr. Michael C. Van Miliigen
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 Tess 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
SOLID WASTE AGENCY
By:
Eric J 1Vlanternach
Agency Chairperson
By f
Mary Ann Specht
Agency Secretary — Attest
CITY OF DUBUQUE, IOWA
By:
By:
Michael C. Van Milligen
City Manager
K `din Firnstahl
Acting City Clerk
11
DITTMER RE YCLING, INC.
i tmer, President
By:
Sco
%/
B _ i
ti."-- Rettenmeier, Vice President
ATTACHMENT A
12
ATTACHMENT A
(1) For purposes of this Agreement and this Attachment A, the following terns have
the following meanings:
(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 landtilled:
(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)
052711bal
13
(c) Unacceptable Material in Residuals (4.0 %)
(3) Contractor will provide MRF processing and marketing services to City for
$83.17 per ton for the agreed upon apportionment of Acceptable Recyclable Materials
and Unacceptable Recyclable Materials as stated in Paragraph (1Xthe Contractor
Fee). Contractor will also provide MRF processing and marketing services for glass
food and beverage containers to City for $40.00 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% 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 Temi. 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 Term, 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 Tenn, 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 difference between a minimum
$20.40 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 b eyond the
balance of Agency's Accumulated Revenue Share.
3
15
ATTACHMENT B
16
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 Lanclfilled, 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 Ma
11. Tons SHIPPED For Primary Processing
12. Tons Sold i 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 $ -
Cost / ton to ship glass for recycling r� Avg Value per ton of City Recyclables
I
Cost / ton to ship glass beneficial use
1 1 Requires Contractor Data entry 1
Tipping Fee for glass from City 1 $40.00(
( 1 Requires formula or fixed amount
Attachment C
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
MONTH OF
19
ATTACHMENT D
20
!TOTAL CURBSIDE TONNAGE OUTSIDE PLAN AREA
0.00 I
PART B AGENCY : RECYCLING STATIONS
TONS PULLS
Cascade Drop -Off (Pulls @ $110)
Dittmer Recycling MRF Drop -Off (included)
Epworth Drop -Off (Pulls @ $90)
Farley Drop -Off (Pulls @ $90)
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
1
I OTAL AGENCY PLAN AREA DROP -OFF TONS
�
Attachment D
TOTAL REMOTE SITES DROP -OFF TONS
MRF Contract Reports New Contract Model Blank &112011 2:34 PM
PART A I
ATTACHMENT ID
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
Rating 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
TOTAL PRIVATE HAULER COMMERCIAL TONS
TOTAL CLEAN OCC
PAY YIN
21
ATTACHMENT E
22
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
$0.00
$0.00
$0.00
1
$0.00 ,
I $0.00
$0_D0
WAD
$0.00
$0.00 ,
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 $20.00 surcharge
$ -
$103.17
$ -
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 %'0
-
40%
-
GRAND TOTAL REVENUE SHARING PAYMENT DUE AGENCY
I
AGENCY DROP -OFF PROGRAMS
Tons
Fee /Value
Net Fee
Part A Drop -Off Procecssir g 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
$90
$0
# of Pulls by Contractor from Agency Recycling
$110
$0
TOTAL DROP -OFF HAULING PAYMENT DUE CONTRACTOR
1 $O
Attachment E
M RF Contract Reports New Contract Model Blank 63!112011 2:38 RM
ATTACHMENT E
23
ATTACHMENT F
INSURANCE SCHEDUULE
24
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF Dll►IASWA
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY (DMASWA)
1, All policies of insurance required hereunder shalt be with an insurer authorized to do
business in Iowa All insurers shall 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 10 the Dubuque Metropolitan Area Solid Waste Agency; except for a
ten (1D) day notice for non - payment, if cancellation is prior to the expiration dale.
shall furnish a signed Certificate of Insurance to the
Dubuque MMietroprlitan Area Solid Waste Agency for the coverage required in
Paragraph 6 below. Such certificates shall Include copies of the following policy
endorsements!
a) Commercial General Liability policy is primary and non - contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4. Each certificate shall be submitted to the contracting department of the Dubuque
Metropolitan Area Solid Waste Agency
5, Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the Dubuque Metropolitan Area Solid y►easte Agency. I-ariure to
obtain or maintain the required insurance shall he considered a material breach of
this agreement
6. shall be required to carry the following minimum
coverage/limits or greater if .required by law or other legal agreement'
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products- Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence. Lirnit
Fire Damage Limit (any one oce:.urrence)
Medical Payments
52,000,000
$1,000,000
51,000,000
51,000,000
$ 50,000
$ 5,000
Thl coverage shall be written an an occurrence, not a claims made form, Form CG
25 04 03 07 "Designated Location (s) Aggregate Limit' shall be included,
All deviations or exclusions from the standard ISO commercial general liability form
CG 00 n 1 or Business Owners form BP 0002, shall he dearly identified
1 of 2 January. 2001H
25
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF DMASWA
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The Dubuqua Metropolitan Area Solid Waste Agency, including all its elected and
appointed officials, all its employees and volunteers, all its boards. commissions
andlor authorities and their board members, employees and volunteers shall be
named as an additional insured on General Liability Policies using ISO
endorsement OG 20 26 0704 "Additional insured - Designated Person or
Organiation,° or ii's equivalent. - See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Covoragge A
Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit - Disease $500,000
r.) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
U Certificate of Liability Insurance (2 pages)
U Designated Locations) General Aggregate Limit CG 25 04 03 97 (2 pages)
Li Additional Insured 20 26 07 01
L Governmental Immunities Endorsement
2 of 2 .January 2008
26
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4COR!i. CERTIFICATE OF LIABILITY INSURANCE `f 2.5.f f»U
FJI Mill:" ( 563)123
tr1su= ar;r_e Agency
Street Address
City
4567
St
EAX- (563) 5187 6543
'Li Code
THIS OERTIMATE 15 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS ND RIGHTS UPON THE CERTIFICATE
HOLDER. TIlIS CERTIFICATE 6005 PAOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL47V4.
INSURERS AFFORDING COV-ERA OF
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CERTIFICATE }!OLDER
Dtkraqu11 1✓ Lrsspl0ii.1J111 Area
Se1id Waste Agency
925 Kalmar Court
Dul oque, IA b201)1
AGORD 26 (2001!06)
INSB71 i 'fF' r -
CANCELLATION
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O tl rt o r ro U rf l dl it t l 61
DISCLAIMER
The Cerliticato of dnsurnrco or ttii rc or ^,o ;lido of tho° form doou not ecn a contract tetinaor ltlo t5sunq
Tisuret044 authorized IF_'.iJ Srhot9+ll'! of x711.1 IY IC: !�3= ttltil;rldr'= hl I1 —..I rcur fIi)es :1 Afll P(1iAtl'lcly rlr rlf•ikati Yt'l
alronr), oY,,or0 or alter the coverage efforeei by the pol'ces listed Iherecn
sreavo
s
28
POLICY NUtMP F R •
THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREruLLY,
fniC: enOorserr.ent modifies r',s,J ran rr prrvidian Lnr e f�rilIo'Mrig
COMMERCIAL GENERAL LIABLITY 1`_`0VE PART
SCHEDULE
Qesignaled LotatIon {sp:
Of r.0 entry+ - .appears at gee, intrtmnatior required cc ramp' le This er'ckcrsement will be shown in the Declarations
as .applicable to Ihis eriUUrser eriL)
A, For all sums w'ttidh thr Ir1v'Jre Cocon14u legally
obligated to pa as damages eau rid by '•r3CCur-
ronCOS' 'antler COVERAGE A SECTION I) anc
for al; m€'dtc-ai oxpcn or caJwon by accident:
under COVERAGE C (SECTON 1), wl call be
:attribdted only to aFr_raiiona At a slrgle doair9-
rialed'iiccatioli' demon In the Sr heditle about
1. P. sflparaio, De2tgrtTlue LeC.al,est Gu'ifral
Aggregate t imit applies each designated
'Ir,ealior `, and that liar'.i1 is equal to the
amount cf 11it t= 1a : r'e I Atig,_g L aik ruii
shown 111 Iho Dorf a latio'
2, The Designated Locaiicn General Arcurogalt'
Limit is the most we. w.31 Illy ft r thry B urn of r, I
damages under COVERAGE A, except dam-
ages br;. ;:arse of ''bodily injury' nr 'property
damage' included in the "products L:oinplrtcd
operalir•ng itr,rl f:)r rned1.r_aI eKpensas
unler` CO't+E AGE C regs drew of :he ru•n-
be±r of
8, Insureds;
b. Claims made or "sulis' Liuuuht, of
C. Porsu iS ❑r ;uyurizatiuru rriaisIrird d i'rr . Or
Ur ir,U n j "tiubc ",
3, "%f y Payments made LnUor COVERAGE A , or
dsrnsa4° e,r Lr.riar COVERAGE C for mecl o:t
expenses °hall reduce 1h.e Pesionated Loca-
tion Qui F Loll icif t'rat dou'g
nr ^ec, "location'. Such payments shell riot r
the General Aggregate= Lirit stingy-1m
GCa25049397
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
29
COMMERCIAL GENERAL LIALBIIJTY
CG 25 04 03 97
trlo Gcdaraiion_, nor ;hall they reduce any
othe` Duslgflmr,r3 Location L oner31 Aggro
gate L.mit fzr any other designated "location'
shorn in the Schedule above
4. Ti' e knits stiumai the Du;:larairans for Earl.
C ccurreoct, Fire Danare and Medical Ex-
pense cor n!ier to nn 21y. H ^,r, =v Fr, instead of
bolop subset tc the Goniral Agrrogato Limit
ahawn in thy. Uaclarat,ons, such Ilrr It >, wtl ;l b^.
silhjer.*, In the 3pplicohle 1Je Locaiban
Geriernl Ariylug—Lit Linlil,
B, For all suns vehich the insured boomer ler•,ally
ubllr alcd la fl.9k' "or.e.
ren ^es' under COVERAGE A ;SECllfJf I }, and
rr
of : <l =r:.,l ra+liicoses caused by accidents
uu€tcrer CO'o'ERAAE C , ;,'SECTION I), 'A'' hicn can=
not tie attributed only k' operations etc single
desi.gna:ed locFt "rn' s:nawn in the Schedule
abGee
1. An payments ready order t`_CIVE1 AGt A tut
1 ;mi�r�ry cr under COVERAGE C for rnedi ^.a'
expenses ;fi.al reduce the amour)! ava ldbir
urriar the Ge .fral .4gyr?hieilr 11‘r
Prnr:Lr1,.Corri Ftrr1 Operations Ayyrunati-:'
L im'l wt;ir.he'de• is a- iI r- :0 end
2. 5ur11 pay shoIC ncii re:iliT.e any t'iFSi ;1-
i ter! I z =tint; r nprH ? °ccl Llrr'it.
Pride 1 of 2
CG 26 04 03
C, Wher coVe7aqu for IluLii111/ •At a Hi.
'products.riOrmAcitad op' in. 1
payment5 for darizat,. iu IUt uf
bndiiy ift or ''ircp1:11 Luinogo'
1 'proiicts-coriipleted
redJce The PliptiLictg-Cornpieted Opkrailo
ij-
qit Lkr nc; nn roduc.e ir A.g-
grogzto LIMIT ror he Dusiymited Loio Gtn-
e(81, Lirrit
D. Fly the porponEs cf this e 1G. 0 R5 F. wont, 1h 00fl-
nitiorm ;iieclion amendad by hs oddilion of
tge fdlowiftg delirdari:
Copyright Pir..urprr;Q
Pi■94,: 2 of 2 CG 25 04 03 C.7
30
',0,01t1)11 111t7': lif1-1'71h€Ch iI.tI he :S;31 c_Ir
• riIq kitS, or p cu;iirleCt17
iriupLJ Ordy ty ,7! rrmtiNvay watt:r
▪ riq1;1-uf-w:dy !;:f i4
E. 1•1-, prc,vistor,s cr Limits tit inFAirincil
1111 rot OlhorNis. modified by 1h,s prielt:Irs.Pmerfc
s.i,u I f,o, p:Diy EIS' 511 o,..ilated
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
PCLICY NUMBER
This ander modifies +Harr once provided under the tnllc.sa ng
COMME19CI,AI GENFRAI_ LIABILITY COVERAGE PART
SCHEDULE
Nate Of Additional Insured Person(1) Or Organization(s)
The Dubuque Metropolitan Area Solid Waste Agency, Including all its elected and
appointed officials all Its employees and volunteers, all Its boards, ocrnmissions
and/or authorities and their board members, employees and volunteers.
Intormut an requIfo complete this Schedule, if not shown abpve, be shar+n in ton DeclaratIon5.
Section II — Who Is An Insured is rmar:Jed to in-
clude ns an additional insured the person(s) or or-
yari,aton {s) stwiwr, in !he Schedu`e, but only with
rerpe:t to lability for "bodily iNtrl', "properly dam-
age" or ',personal and advertising inj.rry" caused in
whole or in part, by your acts or o missions or the acts
or omMSSIQnS of those acting un your tie'ralL
A, In UIa perfo!fuanre of your Angaing operations; or
A, In connection ■r.th your premises awnca by or
renter/ to you
CG 20260704
AR terms and conditions of this policy apply unless modified by this enctorsarnant
Indudss otryrOhtfa rThreriai of Insuran•: e bor,ec o vl'icu, Irc win; po•mwccn Page 1 of 1
0 1E7.0 Prrna,ii=1a, Inn.,
31
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY (OMASWA)
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nontivaiver of Governmental Immunity, The insurance carrier expressly agrees and
slates that the purchase of this policy and the including of the Dubuque Metropolitan
Area Solid Waste Agency as an Additional Insured does not waive any of the
defenses of governmental immunity available to the Dubuque Metropolitan Area
Solid Waste Agency under Code of Iowa Section 670.4 as it is now exists and as it
nay be amended from limo to time,
2, Claims Coveraue, The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of lows Section 670.4 as it now exists and as it may be amended
from time to tune. Those claims not subject to Code of Iowa Section 670. shall be
covered by the terms and conditions of this insurance policy,
Assertion of Government Immunity The Dubuque Metropolitan. Area Solid Waste
Agency shall be responsible for asserting any defense of governmental immunity,
and may do so al any time and shall do sea upon the timely written request of the
insurance carrier.
4. Non- lJenral of Coverage, 1 he insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the Dubuque Metropolitan Area Solid Waste Agency under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction
has ruled in favor of the defense(s) of governmental immunity asserted by the
Dubuque Metropolitan Area Solid Waste Agency.
No Other Change in Policy. The above preservation of governmental immunities shall
not othorn'so change or alter tho coverage available under the policy.
SPECIMEN
1 of 1 January 21008
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
ketil
All- America City
11111f
e
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 less 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.