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Food Scrap and Yard Debris Composting Contract_Full Circle Organics, LLC
Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Food Scrap and Yard Debris Composting Contract DATE: April 10, 2013 Dubuque kital All- America City II 111! 2012 Public Works Director Don Vogt is recommending approval of a proposed food scrap and yard debris composting contract with Full Circle Organics, LLC. Resource Management Coordinator Paul Schultz has negotiated a contract with Full Circle Organics that should allow the City's curbside materials collection service to deliver its co- collected organics (grass clippings, leaves, brush, food scraps, and compostable paper) to Full Circle Organics for a lower system net cost than what it currently pays the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) for the same service. But more importantly, this contract would negate the State of Iowa's limit on the number of City customers who could set out their food scraps and compostable paper in their yard debris bags and containers. This contract is recommended to become effective immediately upon approval by the City Council. This would be a two -year contract with four two -year options. Full Circle Organics has received the requisite Dubuque County and Iowa Department of Natural Resources (IDNR) permits for its municipal solid waste composting facility west of Epworth. The Full Circle Organics facility is equipped with the infrastructure required by the State of Iowa for composting large volumes of food residuals. Full Circle Organics is an experienced firm, already operating two other composting facilities in Minnesota. Its Dubuque county facility is designed to process up to 110 tons of compost feedstock per day. Of that input, food residuals are targeted at 39 tons per day. In the seven years since the start of the City's subscription food scrap collection program, participation has grown and reached the maximum limit of two tons per week allowed the DMASWA's facility by the IDNR. The DMASWA's Board of Directors has proven supportive of the Full Circle Organics facility. City of Dubuque customers will have two options for setting out their food scraps and yard debris for collection and subsequent composting: 1) Subscribe to and use specialized 13, 48, or 64 gallon carts; or, 2) Put their food scraps and compostable papers in their regular yard debris bags, cans, or carts. The current plan is for only one truckload of mixed yard debris and food residuals to be delivered to the Full Circle Organics facility each day. Any additional materials collected in a partial load would still be taken to the closer DMASWA facility. Resource Management Coordinator Paul Schultz is projecting that this contract would result in the following benefits to our customers in the remainder of FY13: 15 additional tons of food scraps composted; 400 new households and businesses participating in the City's food scrap collection program; and, the additional expenses for fuel and truck use of $1,596 being offset by tonnage fee savings of $6,720 and additional user fee revenue estimated at $840. Full -year benefits are projected in FY14 of: 155 additional tons of food scraps composted; participation by 1,700 customers; and, net system savings of $32,895. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Don Vogt, Public Works Director 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director DATE: April 9, 2013 SUBJECT: Food Scrap and Yard Debris Composting Contract X INTRODUCTION The purposes of this memorandum are to provide information and recommend action regarding the attached, proposed food scrap and yard debris composting contract with Full Circle Organics, LLC (FCO). Resource Management Coordinator Paul Schultz has negotiated a contract with FCO that should allow the City's curbside materials collection service to deliver its co- collected organics (grass clippings. leaves, brush, food scraps, and compostable paper) to FCO for a lower system net cost than what it currently pays the Dubuque Metropolitan Area Solid Waste Agency ( DMASWA) for the same service. But more importantly, this contract would negate the State of Iowa's limit on the number of our customers who could set out their food scraps and compostable paper in their yard debris bags and containers. This contract is recommended to become effective immediately upon approval by the City Council. BACKGROUND FCO has received the requisite Dubuque County and Iowa Department of Natural Resources (IDNR) permits for its municipal solid waste (MSW) composting facility west of Epworth. The FCO facility is equipped with the infrastructure required by the State of Iowa for composting large volumes of food residuals. FCO is an experienced firm, already operating two other composting facilities in Minnesota. Its Dubuque county facility is designed to process up to 110 tons of compost feedstock per day. Of that input, food residuals are targeted at 39 tons per day. In the seven years since the start of the City's subscription food scrap collection program, participation has grown and reached the maximum limit of two tons per week allowed the DMASWA's facility by the IDNR. DISCUSSION The DMASWA's Board of Directors has proven supportive of the FCO facility. While the DMASWA currently has a contract with a private sector service providerto process compost feedstock delivered to its own composting facility, that agreement expires at the end of June. On February 20th, the DMASWA's Directors scheduled a strategic planning session for later this month. At that time, the Directors agreed that the future of the Agency's composting facility will be one of the topics addressed at the session. If the FCO contract is approved by the City Council, our customers will have two options for setting out their food scraps and yard debris for collection and subsequent composting: 1) Subscribe to and use specialized 13,48, or64 gallon carts; or, 2) Put their food scraps and compostable papers in their regular yard debris bags, cans, or carts. Our current plan is for only one truckload of mixed yard debris and food residuals to be delivered to the FCO facility each day. Any additional materials collected in a partial load would still be taken to the closer DMASWAfacility. Resource Management Coordinator Paul Schukz is projecting that the FCO contract, if approved, would result in the following benefits to our customers in the remainder of FY13: 15 additional tons of food scraps composted; 400 new households and businesses participating in the City's food scrap collection program; and, the additional expenses for fuel and truck use of $1,596 being offset by tonnage fee savings of $6,720 and additional user fee revenue estimated at $840. Paul further projects full -year benefits in FY14 of: 155 additional tons of food scraps composted; participation by 1,700 customers; and, net system savings of $32,895. RECOMMENDATION You are requested to consider and approve the attached, proposed food scrap and yard debris composting contract with Full Circle Organics, LLC. Prepared by: cc: Don Vogt, Public Works Director Jennifer Larson, Budget Director Paul Schultz, Resource Management Coordinator Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Donald J. Vogt, Public Works Director Paul Schultz, Resource Management Coordinator Food Scrap Collection Alternative April 9, 2013 INTRODUCTION Dubuque All-America City 2012 There now is a choice in organics processing facilities within Dubuque County. Contracting with Full Circle Organics, LLC (FCO) would allow the City's municipal collection service to go to the next level in its diversion of food residuals and compostable paper to beneficial use thus reducing fugitive Green House Gas emissions. Under the contract being drafted, the City would deliver its co- collected organics (grass. leaves. brush, food scraps, and compostable paper) to FCO for a lower system net cost. This change would also allow our customers to include food scraps and compostable paper in their yard waste bags and cans - usually for no addition cost. FCO will allow the use of bio- plastic compostable "kitchen catcher" bags to reduce the "yuck" factor. This contracting with the new facility is recommended to start April 16, 2013. BACKGROUND FCO has received all the necessary Dubuque County and IDNR permits. This is a MSW composting facility and has extra environmental protection components which allow it to accept larger volumes of food residuals. FCO has two other permitted and operating facilities in Minnesota. This Farley facility is designed to process a maximum of 110 tons per day of incoming feedstocks. Of that input, food residuals are targeted at 39 tons per day. It fronts Highway 20 eleven miles west of the DMASWA landfill and compost facility. Over the last seven years since the City's, first in Iowa, subscription Food Scrap Collection Program was initiated, the participation has grown and reached the maximum capacity of two tons per week allowed by IDNR to be processed at the DMASWA Composting Site. There have been no in —town neighbor complaints related to the program which has served over 220 residential customers, 14 schools and 7 other groups. It has had a waiting list for four years. DMASWA has been supportive of the new facility in which the private sector is developing this expanded compost processing and distribution business model. DMASWA currently has a contract with T &W Grinding to process organics delivered to their facility which expires 6/30/2013. Their strategic planning process being conducted over the next two weeks will address a transition plan for their compost processing site. The DMASWA facility will most likely continue to be partly used as a drop -off site for yard debris and other organics which would be transferred and processed elsewhere. This change would also likely reduce DMASWA costs. The FY14 Budget had two Improvement Increment packages recommended that relate to this proposal. First: Volunteer subscribers in the year long Smarter Discards POC would be tracking their weekly diversion of food scraps by weight. The improvement increment targeted diverting two pounds of food scrap diversion per average subscriber customer. To achieve this, these comingled materials would need to go to FCO. Second: The expansion in collecting food scraps and compostable paper in FY14 was based on delivering them to FCO. DISCUSSION The key point of this recommendation is to have the starting date of this change in vendor facility occur in April 2013 instead of July1, 2013. April and May are also the months where the vast majority of annual Yard Debris Decals are sold for rigid containers. The goal of this recommendation is to co- collect food scraps with yard debris and divert more food scraps and compostable paper tonnage from landfilling into beneficial use as compost. By transferring processing to FCO from DMASWA, our collection service can establish cost - effective diversion of these targeted compostables to help achieve Dubuque's sustainability commitments. We will be tracking performance measures and developing analytics related to tons of food scraps and compostable paper diverted from landfilling, financial savings in City discard management costs, the number of city customer households diverting food scraps at least once per month, and the reduction of Net Green House Gas Tons. Recommended Container Options: Customers may either a. Subscribe to specialized Food Scrap collection containers (13- gallon Green Carts, or 48- gallon, or 64- gallon tipper carts), or b. Combine food scraps, compostables papers and approved small bio- plastic compostable bags in approved Yard Debris containers. These containers would either be subscribed Yard Waste 64- gallon tipper carts, rigid 35- gallon cans with annual yard debris decals, rigid 35- gallon cans with attached yellow stickers, or paper yard waste bags with attached yellow stickers. This option will allow many customers to divert food scraps many times at little or no additional cost by adding these materials to their under - filled, underweight yard debris containers. FCO has approved use of bio- plastic bags meeting ASTM standards 6400 or 6868. Bags could be used in managing daily scraps in kitchen containers, and other sizes as appropriate for lining larger commercial customer containers, etc. These bio- plastics are designed and tested to break down completely within the normal time needed in the 2 composting process for the materials being composted. FCO also offers opportunities to compost other materials not currently considered acceptable compostable materials. Only one yard debris truck per day would make the 22 mile additional round trip to deliver to FCO. On heavier days, yard debris assists are provided by refuse and /or recycling crews when they unload early and have other crews finish up the remainder of that route. These partial load yard debris assists and 2nd loads hauled by the main Yard Debris truck would continue to deliver to the DMASWA site. In FY 12, 18% of the yard debris tonnage (210 tons) on 81 loads was collected through yard waste assists from other trucks or on a second load by the main truck. Projected impacts: 15 tons of new food scraps diverted in 1,680 setouts from 400 new households and businesses; additional user fee revenue of $840; additional expenses for fuel and truck use of $1,596, net tip fee reductions of $6,720. Net Financial System Cost Reduction: $5,964. RECOMMENDATION Approve contracting with Full Circle Organics to receive and process the majority of City - collected yard debris, food scraps and paper compostables to start in April 2013. Smaller volumes of co- collected organics on second loads, and from refuse and /or recycling trucks assisting on heavier yard debris collection days, would continue to be delivered to the DMASWA Compost receiving site. 3 AGREEMENT BETWEEN FULL CIRCLE ORGANICS, LLC AND THE CITY OF DUBUQUE, IOWA THIS AGREEMENT, dated for reference purposes the 15th day of April , 2013, is made and entered into by, between, Full Circle Organics, LLC (Contractor), and the City of Dubuque, Iowa (City). WHEREAS, City desires to significantly increase the diversion of compostables from the solid waste stream it delivers to the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Landfill; and WHEREAS, 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, City desires to reduce overall costs of transportation and processing of compostables; and WHEREAS, City desires to enable development of a sustainable composting infrastructure in order to provide local competitive hauling and composting processing services, support green jobs and local economic development, and WHEREAS, Contractor has the only permitted Municipal Solid Waste Composting Facility in Dubuque County capable of providing comprehensive processing and marketing services that can utilize large volumes of compostable paper, bioplastics, food scraps and residual food discards (Source Separated Organics); and WHEREAS, City and Contractor desire to reduce greenhouse gas emissions impacting global climate change and to conserve energy and natural resources for use by future generations; and WHEREAS, City proposes to contract with Contractor for receiving, and processing Acceptable Compostable Materials subject to the terms and conditions set out below; and WHEREAS, the City Council finds that the Agreement is in the best interests of the City of Dubuque. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 031313baI SECTION 1. TERM OF AGREEMENT. The term of this Agreement shall be from April 1, 2013 until midnight June 30, 2015 (the Term), unless earlier terminated pursuant to this Agreement. City may, at its option, renew this Agreement for four (4) two -year terms by giving Contractor written notice of renewal not less than ninety (90) days prior to the expiration of the Term or any renewal of the Term. SECTION 2. DEFINITIONS. For the purpose of this Agreement, the following terms shall have the following meanings: 2.1 Holidays. Holidays are those days identified on the City's Holiday Schedule. 2.2 Composting Facility. Composting Facility shall mean the Contractor's facility leased by Contractor from Midwest Organics Solutions, a copy of which lease is attached hereto as Attachment B (the Lease), maintaining a MSW Composting Permit issued by IDNR, located at 10166 Hartbecke Road, Farley, IA 52046. 2.3 Acceptable Compostable Materials. Acceptable Compostable Materials means compostable materials collected from "curbside" residential, institutional, and commercial organics diversion programs and also compostables collected from event programs which shall not interfere in any way with the composting process. These are uncontaminated materials including Food Scraps, Compostable Paper, Compostable Bioplastics, Yard Debris, Untreated Wood, all products approved by bpiworld.org and other materials as mutually agreed upon in writing by City and Contractor. Acceptance of previously agreed upon Acceptable Compostable Materials may be terminated as mutually agreed upon in writing by City and Contractor. 2.4 Food Scraps. Food Scraps mean all food residuals, such as coffee grounds, plate scrapings, leftovers, spoiling produce and includes meat and bones. 2.5 Compostable Paper. Compostable Paper means all food soiled paper products, paper cups and plates, paper towels, paper placemats, paper napkins, paperboard milk and juice containers, paper bags, pizza boxes, other paper food containers, coffee filters, teabags, waxed cardboard and paper vacuum cleaner bags. 2.6 Compostable Bioplastics. Compostable Bioplastics means plastic products, primarily film bags, designed to biodegrade quickly, completely and safely, when composted in well -run municipal and commercial facilities. A logo on the product listing certifications of ASTM D6400 and / or ASTM D6868 provides assurance of compostability. 2.7 Yard Debris. Yard Debris means leaves, prunings, grass clippings, plants, non - noxious weeds, pine cones, pine needles, fallen fruit, garden culls, bark, sod, soil, flowers, pumpkins, gourds, corn stalks, straw, natural Christmas trees, floral trimmings, 2 brush and woody material up to 36 inches in diameter and 8 feet in length. 2.8 Untreated Wood. Untreated Wood means natural wood and lumber that has not been pressure treated with chemicals or coated with paint or other materials. 2.9 Unacceptable Materials. Unacceptable Materials means either materials that are not Acceptable Compostable Materials, or Compostable Materials with unacceptable packaging not removed or that are not free from hazardous and or toxic substances as identified in writing by Contractor. Specific Unacceptable Materials include pure liquids, pet waste, diapers, plastic containers, plastic bags and plastic wrap. Full Circle Organics, LLC may perform testing it deems advisable at the expense of Full Circle Organics, LLC. Entire truckloads of delivered materials shall be considered as Unacceptable Materials when they contain prohibited materials or out - throws of more than 5% by volume by visual estimation. 2.10 Residual Materials. Residual Materials means materials that are not fully decomposed in Contractor's composting process and therefore not marketed as compost. The most current overall Residual Materials rate from Contractor shall be reported to City on a monthly report. These Residual Materials shall contain no more than 5% Acceptable Compostable Materials of the volume of residual materials that is landfilled. 2.11 Compost. Compost means organic matter feedstocks that have been decomposed and recycled. It has some nutrient value, amends soil, increases the soil water holding capacity and can help reduce soil erosion. SECTION 3. CONDITIONS PRECEDENT. The City shall not be obligated to perform under and may terminate this Agreement unless: (1) Certificates of insurance acceptable to City are provided by Contractor to City and are in effect at all times during the Term or any renewal; and (2) The performance bond in a form acceptable to City required by Section 12.1 is provided by Contractor to City and is in effect at all times during the Term or any renewal. (3) The Lease is in effect at the time of commencement of this Agreement and remains in full force and effect at all times during the Term of this Agreement. SECTION 4. GENERAL DESCRIPTION OF SERVICES. Contractor and any approved subcontractors shall receive, process and market Compost in accordance with this Agreement. 3 SECTION 5. RECEIVING COMPOSTABLE MATERIAL. 5.1 Receiving Schedule. The Compost Facility shall be open for business and capable of receiving Acceptable Compostable Materials Monday through Friday and Saturdays except Holidays. Hours for receiving shall be from 8:00 a.m. to 3:30 p.m. City reserves the right to re- designate the 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 Compostable Materials from City during any planned or unanticipated delay in opening, shutdowns, maintenance, or renovations at the Compost Facility. Contractor shall provide written notice to City at least sixty (60) days in advance of any substantial change in the receiving schedule for receiving and processing Compostable Materials. 5.3 Rejection Procedures. If any materials are not acceptable because Contractor claims they include too great a quantity of materials (over 5 %) or significant problem materials or toxic materials which are not Acceptable Compostable Materials, a second opinion shall be provided by a Contractor supervisor before rejecting the materials. Contractor shall then immediately notify City to review the alleged problem and to discuss a resolution. With City's consent, rejected whole or partial truckloads shall be reloaded onto City trucks and hauled off the Contractor premises, or set aside at Contractor's facility for not more than two working days. City shall either divert or 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 Compostable Materials for processing by Contractor 5.4 Weighing of Acceptable Recyclable Materials. City shall weigh loads at the Contractor's Facility or any other certified scale acceptable to City to establish the net weight delivered to the Compost Facility. Weight tickets shall be generated automatically without requiring manual weight data entry. Contractor shall provide City with daily copies of all weight tickets after weighing out. Procedures for establishing empty truck weights shall be mutually agreed upon in writing by City and Contractor. Contractor shall maintain records of each load from City by date, time and net weight. Contractor shall provide City with monthly reports of the total weight delivered to the Compost Facility from all sources. Contractor shall provide City with a monthly report of all deliveries and total incoming weights. 5.5 Unloading of Acceptable Compostable Materials. City shall be responsible for unloading Acceptable Compostable Materials at the Compost Facility. Contractor shall cooperate with and assist City by providing the personnel, equipment and space necessary to unload Acceptable Compostable Materials which will enable City Sanitation Drivers to operate in a safe and timely manner. City shall be required to follow all mutually agreed upon tipping floor procedures while on Contractor's 4 premises. City shall be responsible for entering and exiting Hartbecke Road to or from US Highway 20. City shall require of its drivers that upon exiting the Compost Facility, its triple axel vehicles must turn right onto westbound US Highway20. 5.6 Title to the Acceptable Recyclable Materials. City shall retain title to all Acceptable Compostable Materials until Contractor accepts such materials. SECTION 6. STORAGE AND PROCESSING OF ACCEPTABLE COMPOSTABLE MATERIALS. Contractor shall be responsible for any and all storage and processing of Acceptable Compostable Materials that are necessary to meet market specifications and all costs associated with storage and processing of Acceptable Compostable Materials received from City. SECTION 7. OWNERSHIP OF THE COMPOST FACILITY. Contractor shall at all times during the Term of this Agreement or any renewal be either the owner or the lessee of the Compost Facility and shall be responsible for any and all expenses incurred to operate and maintain the Compost Facility, transport Compostable Materials to any approved subcontracted Compost Facility, all processing costs associated with any approved subcontracted Compost Facility, and any and all transportation costs to ship materials to end markets. SECTION 8. PROCESSING AND MARKETING COMPOST FROM ACCEPTABLE COMPOSTABLE MATERIALS. 8.1 Contractor shall be responsible for marketing Compost processed from Acceptable Compostable Materials. Contractor agrees to use its best efforts to effectively compost, or subcontract to compost, and market all Compost processed from Acceptable Compostable Materials at an optimal value. 8.2 City shall have the right, during the Term of this Agreement, to have a representative enter upon the Compost Facility to monitor Contractor's compliance with this Agreement. Use of recording devices by City at the Compost Facility shall be allowed by Contractor. City's representative shall provide reasonable notice to Contractor, shall only be allowed on the Compost Facility during normal business hours, and shall follow all Contractor safety procedures. 8.3 City 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. SECTION 9. UNACCEPTABLE AND RESIDUAL MATERIALS. 9.1 Rejecting Unacceptable Loads or Commodities. Contractor shall have the right to reject any Unacceptable Materials in accordance with the Rejection Procedure. 5 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. Unacceptable Materials must be disposed of at the Dubuque Metropolitan Area Solid Waste Agency Landfill. 9.2 Limitation of Unacceptable Materials. Unacceptable Materials in any delivery by City shall not exceed 5% by volume. In the event that Unacceptable Materials content in any delivery exceeds 5% by volume, Contractor will notify City. Contractor may offer to remove the Unacceptable Materials and charge City $50 for special handling or follow the Rejection Procedures in Section 5.3. 9.3 Measuring Process Residuals. Contractor shall provide City with a written description of the means used to measure or estimate any disposal of residuals derived from processing Acceptable Compostable Materials. One acceptable method is to weigh the contents in the on -site MSW dumpster required in the IDNR permit on the FCO scale when collected for off -site disposal. Such written description shall be reviewed and approved by City 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 a monthly report. SECTION 10. LANDFILLING ACCEPTABLE COMPOSTABLE MATERIALS. Contractor or its subcontractors shall not dispose of any non - contaminated Acceptable Compostable Materials without the written authorization of the City. Upon receipt of written authorization from City, the Acceptable Compostable Materials shall be disposed of at the Dubuque Metropolitan Area Solid Waste Agency Landfill. SECTION 11. MINIMUM VOLUME AND TERMS OF PAYMENT. 11.1 Processing Fee. The Contractor Processing Fee is $15.00 per ton for receiving and processing the first 1,300 tons of Acceptable Compostable Materials. The Contractor Processing Fee for tonnage received in excess of 1,300 tons in the Fiscal Year is $13.00 per ton. 11.2 Minimum Tonnage. City shall provide a minimum of 800 tons of Acceptable Compostable Materials in a City Fiscal Year commending July 1, 2013. If the minimum tonnage is not delivered, City will pay Contractor the difference in the Processing Fee between the tonnage delivered and 800 tons in the Fiscal Year at $7.50 per ton, due and payable 30 days following the end of the Fiscal Year. 11.3 Settlement. Contractor shall be responsible for maintaining adequate records to submit Processing Fee information to City by no later than the fifth (5th) day of each month. City shall pay any amount due to the Contractor on a net forty -five (45) day 6 basis following the previous month's deliveries of Acceptable Compostable Materials. SECTION 12. PERFORMANCE GUARANTEE. 12.1 Performance Bond. Contractor shall provide a performance bond in a form acceptable to City to insure Contractor's performance under this Agreement. The performance bond shall be renewed annually and shall be in an amount equivalent to the projected total Acceptable Compostables hauling and disposal costs for the following 12 months of operation, which City estimates will not to exceed $100,000. 12.2. Payments Withheld. Contractor agrees that, in addition to any other remedies available to City, City may withhold any and all payments due to Contractor as City deems appropriate in City's sole discretion for failure of Contractor to fulfill its obligations under this Agreement. SECTION 13. INSURANCE. Contractor shall provide insurance as set forth in the attached Insurance Schedule, Attachment A. SECTION 14. EDUCATION. Contractor shall cooperate with City to increase awareness about composting and diversion of Source Separated Organics to beneficial use in an effort to increase the amount and quality of materials collected and delivered to Contractor's facility. Contractor shall participate in City's composting education and promotion programs as well as initiate its own programs. City staff may assist with educational presentations at Contractor's Facility. Strategies to promote composting shall include offering competitive compost 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 and responsibilities 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 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 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. 7 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 City of all financial and operating information related to the Acceptable Compostable Materials delivered to it. The records shall include insurance and any regulatory inspection records, quantity by weight of Acceptable Compostable Materials delivered, and the records of all off -site shipments, tonnage, transfers and diversion for other processing made from or including Acceptable Compostable Materials. 16.2 Report to City. Contractor shall submit a completed monthly report to City within five (5) days after the end of each month, which shall include the tonnage delivered during the month, along with any and all tons of material (1) incoming for processing or distribution, (2) shipped off -site for compost processing, (3) marketed by compost specification or commodity, (4) sold or disposed for beneficial use other than as compost, or (5) landfilled. 16.3 Inspection of Records. City or an authorized representative of City shall have the right to inspect the records of Contractor relating to its performance under this Agreement upon reasonable notice to Contractor. 16.4 Periodic Meetings. Contractor and City shall meet as needed to discuss any issues arising under this Agreement, confer on potential efforts to improve quantities and quality, and evaluate the status of future composting activity. 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 employees of City 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 Term of this Agreement or any renewal, 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. 8 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: If to Contractor: If to City: Mr. Max Milinkovich, President Full Circle Organics, LLC. 5029 13TH Avenue South Minneapolis, MN 55417 Mr. Paul Schultz, Resource Management Coordinator City of Dubuque 925 Kerper Court Dubuque, Iowa 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 City's prior written consent. Contractor acknowledges that City 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 City. SECTION 24. CONFLICT OF INTEREST. Contractor agrees that no member, officer, or employee of the City 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 City under the following conditions: (1) In the event of fraud, misrepresentation, or breach of any of the material terms of this Agreement by Contractor or in the event that Contractor becomes insolvent, is dissolved or is named as a party in a proceeding under any 9 bankruptcy or insolvency laws. Prior to such termination, City 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 City; or (2) If Contractor fails to obtain or maintain any of the insurance or security required by this Agreement. 26.2 This Agreement may also be terminated upon mutual written agreement of the parties at any time provided the termination shall not take effect less than 60 days after the date of such agreement. SECTION 27. ENTIRE AGREEMENT. This Agreement, with attachments incorporated herein by reference, constitutes the entire agreement between the parties. No modifications of this Agreement shall be valid or effective unless made in writing and signed by the parties hereto. CITY OF DUBUQUE FULL CIRCLE O NICS, LLC. By: f By: Michael C. Van Milligen Max Milinkovich City Manager President By ./°9r Ke n Firnstahl City Clerk 10 ATTACHMENT A INSURANCE SCHEDULE 11 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) 1. Insurance Schedule A shall furnish a signed Certificate of Insurance (COI) to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property shall submit an updated COI annually. Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent. 2. All policies of insurance regaired hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. S. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the 150 form. 7. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other legal agreement, in Exhibit I. Page 1 of 3 Schedule A, Property Or Vendors (Suppliers, Service Providers) December, 2012 12 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non - contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. using ISO form CG 2010. Ongoing operations. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit - Disease $500,000 a) Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Page 2 of 3 Schedule A, Property Or Vendors (Suppliers, Service Providers) December, 2012 13 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. 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 Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The 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 City of Dubuque, Iowa 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 City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule A, Property Or Vendors (Suppliers, Service Providers) December, 2012 14 COMMERCIAL GROSS LEASE 1. Nantes. This Icusc is made by ///� iZzle,v4 01c ,Z /4,�• Lundlunl. and Xu � G'i ./c ��ft-r. rt i ‹.S, Tenant. .J 2. Premises Being Leaned. Landlord is leasing to Tenant and Tennnl is leasing from Landlord the following premises: 1/3 /Qcrr Site-. /ode d. t ;60 a /47164 11.160 RI- 1 Part of Building Only. Specifically, Tenant is leasing the of the huilding, (,rj Shared Facilities. Tenant and Tenant's employees and customers may use the follnwing additional facilities in common with other tenants, employees, and customers; (J9 Parking spaces; (xJ Rcstroom facilities: (41 Storage areas: (kJ Hallways, stairways, and elevators: 11 (l Conference rooms: [ j Other: 3. Term of Lease. This lease begins on _%%rGh .26 ad /.. and ends on %�� ✓G s��. „at!) . 4. Rent. Tenant will pay rent in advance on the day of cash month. Tenant's lint rent payment will be on fi! .Lrc: rl 02� in the amount of $ d a.-, . Tenant will pay rent of S / -? per 6'A then after, 1)4 Tenant will pay this rental amount for the entire term of the lease. 1 1 Rent will increase each year. on thc anniversary of the starting date in paragraph ?, as follows: 5. Option to Extend Lease ( J E'irst ()piton. Landlord grants Tenant the option to extend this lease for an additional years. To exercise this option. Tenant most give Landlord written notice un or before . Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: I. 1 Second Option. if Tenant exenascs thc option granted above. Tenant will then have the option to extend this lease for years beyond the first option period, To exercise this option, Tenant must give Landlord written notice on or before Tenant rutty exercise this option only if Tenant is in substantial compliance with the tams of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: 6. Security Deposit. 'tenant has deposited $ with Landlord as security for Tenant's performance of this lease. Land- lord will refund the full security deposit to Tenant within 14 days following thc end of the lease if Tenant returns the premises to Landlord s /T W Ww.nOlO.com • aova COmmrrcial Grove Lease - Page I of 4 T0:00 £TOZ'LZ'=EW in good Condition (except for reasonable wear and tear) And Tenant has paid Landlord all sums due under this lease, Otherwise, Landlord may deduct any amounts required to place the premises in good condition And to pay for any money owed to Landlord under the least, 7, Improvements by Landlord [ ) Before the lease term begins. Landlord (at Landlord's expense) will make the repairs and itnprove,mcnts listed in Attachment I to this contract:. [X) Tenant accepts the premises in as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. 8. Improvements by Tenant. Tenant may make alterations and improvements to the premises Lifter obtaining the Landlord's written con- sent, which will not be unreasonably withheld. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any darnnge Caused by attaching the items to or removing than from the premises, 9. Tenant's Use of Premises. Tenant will use the promises for the following business purposes: m �d_I' i/ ti'6_ Tenant may also use the premises for purposes reasonably related to the min use 111, Landlord's Representations. Landlord represents that: A. At the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance, and Landlord has received no notice frotn any governmental authority concerning removal of any toxic ur hazardous substance from the property. IL Utilities and Services, Landlord will pay for the following utilities and services: U1 Water 41 Electricity ( 1 Gas [k'J Heat Lk) Air - Conditioning Any items not checked will be the responsibility of Tenant. 12. Maintenance and Repairs A. Landlord will maintain and make all necessary repairs to: (1) the roof, structural components, exterior walls, and interior com- mon walls of the premises, and (2) the plumbing, electrical, heating, ventilating, and air- conditioning systems. B. l..andloni will regularly clean and maintain (including snow removal) the parking areas, yards, common areas, and exterior of the building and remove all litter so that the premises will be kept in an attractive condition. C. Tenant will clean and maintain Tenant's portion of the huilding so that it will be kept in an attractive condition. 13. Insurance A, Landlord will carry fire and extended coverage insurance on the building. B. Tenant will carry public liability insurance; this insurance will include Landlord as an insured party. The public liability coverage for personal injury will be in at least the following amounts: • $ per occurrence. • S in any one year. C. Landlord and Tenant release. each other from any liability to the other for any property loss, property damage, or personal injury to the extent covered by insurance carried by the party suffering the lugs, damage, or injury. D. Tenant will give Landlord a copy of all insurance policica that this lease requires Tenant to obtain. 14. Taxes A. Landlord will pay all real property taxes levied and assessed against the premises. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal properly, b R •3DKd Commercial Orosx l.eewe • page 2 of 4 T0:00 £T0Z'LZ'=uN address that u party designates in writing. A notice may he delivered; (1) in person (2) hy certified mail, or (3) by overnight courier. 26. Governing Law. This lease will be governed hy and construed in accordance with the laws of the state of 27. Counterparts, The patties may sign several identical counterparts Otitis louse. Any fully signed counterpart shall he treated as on original. 28. Modification. 'This lease may be modified only hy a writing signed by the party agains■ whom such modification is Nought to be enforced. 29. Waiver. If one parry waives any term or provision of this lease at any time, that waiver will he effective only for the specific instance and specific purpose fur which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that patty retains the right to enforce that term or provision at a later time. 30, ,Severability, If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforcc tbility will affect only that provision and will not make any other provision of this lease invalid or unenforceable, end shall he modified, amend. cd, or limited only to the extent necessary to render it valid and enforceable. Dated LANDLORD TENANT Name of Business, ,X • LJeliGS/ 4--r.060-,G, J J 4'SName of Business: 1 Z, I Cs(� (; ( V j' Yti C-j (J � at /t J� ' i1.� �;�' /e� at y y ./ By: fly: 1/ /l" —" '/L'''—_ �!1 ! Printed N•mte: r " tX Jtitli 41 I<CAt7 G �4., e L Tide: Title : ! (/ Itt =•. -f /C6 Address: 4.22 / C:rri.".s<4 Address: cU L / I I /414. Printed Name: 4..4, ad Mr MS C_'/) 1 GUARANTOR By signing this lease. I personally guarantee the performance. of all financial obligations of under this lease, Dated: Printed Marne: Title' Address: 1i /E a9va Commercial (trues Leaec - Page .4 at T0:00 ETOZ'LZ'=EW 15. Suhletting and Assignment. 'Icnant will not assign this lease or suhlct any part of the promises without thc written convent of Landlord. Landlord will not unreasonably withhold such consent. 1.6. Dumugo to Premises A. Ville premises no: damegrxl Lhruti h fire or other cause not the fault of ".tenant, Tenant will owc no lent for any period during which Tenant is suhatintitdly deprived of the use of the premises. B. If Tenant is substantially deprived of thc use of the premises for more than 96 days because of such damage, 'tenant may tenni•• mane this lease by delivering written notice of termination to Landlord. 17. Notice of Default. Before starting a legal action to recover p03$ession of the premises based on Tenant's default. L.nndlot•tl will notify "Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given Or mailed to Tentutt. 18. Quiet Enjoyment. As long as Tenant is not in default under the. terms of this lease, Tenant will have the right to occupy the premises p ettcefully and without interference. 19. Eminent Domain. This lease: will became void if any punt ut• the leased premises or the building in which the leased premises are located are taken by eminent (Imitate. Tenant bus the right to receive and keep any inntwnt of money that the agency taking the premises by eminent elumain guys for the value: of 'reunites tense. its loss of business. and for moving and rcluuuiun expenses. 20. Holding Over. If'I'cnaat remains in possession after this lease ends. the. continuing tenancy will be from month to month. 21. Disputes 1 1 Litigation. If rt dispute arises, either parry mazy take the matter to court. I 1 Mediation And Possible Litigation. If a dispute ;rises, the partis will try in good faith to settle it through mediation conducted by II LC a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate. fully and fairly with the mediator and will uutmtpt to reach a mutually satisfactory compromise to the dispute. if the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. 1 1 Mediation and I'o sehle Arbitration. 11' a dispute arises, the putties will try in good faith to settle it through mediation conducted by 1 ] ... 11 a mediator to be mutually selected. The parties will share the costs of thc mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise ut the dispute. If the dispute is not resolved within :in flays after it is referred to the; mediator, it will he arbitrated by F j an arbitrator to be mutually selected. .ludgment on the urbit.retion award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will he allocated by the arbitrator. Landlord need not participate in rnediiaiun or urbitration of u dispute unless Tenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed upon mediator or arbitrator. 22. Additional Agreements. Landlord and 'tenant additionally agree that: 23. Entire Agreement. This is the entire agreement. betwc:n the pntie.. fl replaces urxl supersedes any and all and ugrccments between the pnrtics, as well as any prior writings. 24. Successors and Assignees. This lease hinds and benefits the heirs, successors, and assignees of the parties. 25. Notices. All notices otitis( he in writing. A notice may be delivered to a party at thc address that follows a party's signature or w a new www.noto.eom V / b ' 39rdd t:a,,tate•iti01 GnuY lrnsi• - Page ZO :00 £TOZ'LZ'aulel AE /$ CERTIFICATE OF LIABILITY INSURANCE 3/4/2013 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ray Smith Insurance Agency Inc 6900 Wedgwood Road N Suite 302 Maple Grove MN 55311 CONTACT Mac Gordon ( eutl: (763)259 -0101 FAX (Am. (763)259 -0102 EA ss:mac @raysimithins.corn INSURERS) AFFORDING COVERAGE NAIC # INSURER AAuto- Owners Insurance Co. 18988 INSURED Full Circle Organic LLC 5029 13Th Ave S Minneapolis MN 55417 -1118 INsuRERB:Travelers Casualty & Surety of 19046 INSURER C :Phoenix Insurance Company 25623 INSURERD: PREMISES (Ea occurrence) INSURER E : MEDEXP(Anyoneperson) INSURERF: COVERAGES CERTIFICATE NUMBER:2012 -13 w -o equip REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDWYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 08106028 9/5/2012 9/5/2013 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 300 , 000 MEDEXP(Anyoneperson) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENtL AGGREGATE -1 POLICY X UMIT APPLIES PER: JFgT n LOC PRODUCTS • • COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS BA- 7B237710- 12 -SEL 8/9/2012 6/4/2013 COMBINED �t SINGLE LIMIT $ 1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N N I A DB- 7534584 -9 -12 6/4/2012 6/4/2013 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CITY OF DUBUQUE IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY ON A PRIMARY NON - CONTRIBUTORY UNDER ENDORSEMENT 552051204. WAIVER OF GOVERNMENTAL IMMUNITY ENDORSEMENT #CG24141185 APPLIES. 30 CANCELLATION ENDORSEMENT APPLIES. CERTIFICATE HOLDER CANCELLATION The City of Dubuque 925 Kerper Court Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mac Gordon /DSS --� v ACORD 25 (2010/05) INS025 (201005).01 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL UABILRY IlB206 OM) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Parson or Organization (Additional Inured): The City of Dubuque Iowa including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteer. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Under SECTION II - WHO IS AN INSURED, the lot- dkion to the Iimks of insurance shown In the Deda- lowing Is added: rations. The person or organization shown in the above C. Schedule Is an Additional Insured, but only with re- spect to liability arising out of 'your work" for that insured by or br you. B. Under SECTION III - LIMITS OF INSURANCE, the bilowing Is added: The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor, not to exceed the limits provided In this policy. These limits are Inclusive of and not In ad- Includes copyrighted Copy Under SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS, 4. Other Insurance, the fol- lowing Is added: This Insurance is primary for the person or organ- ization shown In the Schedule, but only with respect to liability arising out of your work' for that person or organization by or for you. Other insurance available to the person or organization shown in the Schedule will apply as excess insurance and not contribute es primary insurance to the Insurance provided by this endorsement. of Insurance Services Office, Inc., with its permission. urance Services office, Inc., 1954, 2009. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LOCATION AND PROJECT AGGREGATE LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 1. The General Aggregate Limit under LIMITS OF INSURANCE (Section UM applies owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whosei roadway, waterway or right-of-way of a railroad. The General Aggregate Limit under LIMITS OF INSLTRANCE (SECTION (11) appli from premises owned by or rented to you. 55200 (06-96) Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. We will waive, both in the adjustment of claims and in the defense of "suits" again insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim of insurance. CG 24 14 11 85 Copyright, Insurance Services Office, Inc., 1984 15