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Signed Contracts_Dittmer/DMASWA_Marketing Agreement Amendment 1Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director DAN SUBJECT: Amendment to Dittmer Recycling Incorporated Agreement DATE: October 18, 2011 Dubuque trill M Ametica City ' n 2007 INTRODUCTION The purposes of this memorandum are to provide information and recommend action concerning the recyclables processing and marketing agreement signed between Dittmer Recycling Incorporated, the Dubuque Metropolitan Area Solid Waste Agency, and the City of Dubuque earlier this year. BACKGROUND At the City Council's June 27th special meeting, it authorized your endorsement of the noted agreement. The agreement brought a new revenue stream to the City and has already helped ensure that the City's solid waste collection services retain their position as the lowest -cost said services among Iowa's ten largest cities. DISCUSSION Dittmer Recycling recently approached the Agency's Board of Directors to express its concern regarding a provision in the agreement pertaining to servicing the Agency's recyclables drop -off containers at the Dittmer facility on Radford Road. Upon consultation with its staff, the Directors tendered a contract amendment to Dittmer to address the issue of concern. The amendment was prepared by City Attorney Barry Lindahl, who also provides legal counsel to the Agency. Dittmer signed the contract amendment, as did the Agency's chairperson, earlier this month. It does not affect the revenue provided the City of Dubuque by the contract. ACTION STEP I recommend that the City Council be requested to authorize your endorsement of the attached, referenced contract amendment. Attachment FIRST AMENDMENT TO 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 First Amendment to the Agreement for the Processing and Marketing of Recyclables between and among Dubuque Metropolitan Area Solid Waste Agency (Agency), Dittmer Recycling, Inc. (Contractor) and the City of Dubuque, Iowa (City) is dated for reference purposes the 5—day of-*--- , 20 l / Whereas, Agency, Contractor and City entered into the Agreement for the Processing and Marketing of Recyclables (the Agreement), dated for reference purposes the 20th day of June, 2011, which Agreement expires June 30, 2014; and Whereas, Agency, Contractor and City now desire to amend the Agreement as provided herein. Now, therefore, it is agreed by and between Agency, Contractor and City that the Agreement is amended as follows: 1. The first sentence of Section 11.2(1) is amended to read as follows: (1) Agency shall pay Contractor a site management and processing fee of $38.00 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. DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY By�h, Eric J. Manternach Agency Chairperson By • , Mary Ann Specht Agency Secretary - Attest DITTMER/J,/RECYCLING, INC. :/ // By Scot Pre. ent By Amer oe Rettenmeier Vice President CITY OF DUBUQUE, IOWA By By Michael C. Van Milligen City Manager Ke in Firnstahl City Clerk