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Prairie Farms Water Usage AgreementTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Prairie Farms Water Usage Agreement DATE: May 1, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 I respectfully request Mayor and City Council approval of an agreement with Prairie Farms Dairy for a substantial increase in the amount of City water they use in the plant. Prairie Farms General Manager Bob Walker has worked with the Greater Dubuque Development Corporation as they evaluated their water needs. Currently they use a combination of well water and City water for their needs. They compared the options of constructing a new well on site or upgrading their water system in order to purchase water entirely from the City. Bob Walker advised the City that it would only be feasible for Prairie Farms Dairy to purchase water from the City provided they were provided a discounted rate. This is based on their need to upgrade their facility's plumbing at a cost in excess of $300,000. Prairie Farms now has a consumption of 26.8 million gallons per year and pays the City about $64,000 annually for water. If they were to convert their complete water operations over to the City, according to Prairie Farms, it would increase their usage by an additional 46 million gallons and the City calculated they would pay an additional $102,000 per year to the City. Prairie Farms Dairy is proposing that they continue paying the City the current amount of $64,000 per year (plus annual rate adjustments) for water and that the estimated additional 46 million gallons be discounted. An eight year agreement was negotiated that would provide a discount on the additional water used for the first seven years. If this agreement is not acceptable to the City, Prairie Farm Dairy would proceed with the construction of a new water well, which they say will cost approximately $750,000, and only utilize City water as a backup, resulting in the loss of approximately $64,000 in revenue to the City annually. Nationally, Prairie Farms has 36 production facilities, 111 distribution centers and $2.4 billion in annual sales. They operate in 20 states with 6,200 employees. In Dubuque, Prairie Farms has a 100,000 sq. ft. facility, with 9 packaging lines producing up to one million gallons of milk per week. This is then distributed in 5 states, traveling approximately 100,000 miles per week. The Dubuque facility has $140 million in sales per year. One hundred percent of producers serving this plant are within 200 miles of the facility. Prairie Farms is a significant employer in the City of Dubuque with an annual payroll of approximately $16 million. This is the first time the City has negotiated this type of agreement, but I believe it is the appropriate course of action to keep the facility competitive as a City of Dubuque water customer, taking into account the significant capital costs to maintain that relationship. I respectfully request Mayor and City Council approval of the Water Usage Agreement. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Bob Green, Water Department Manager Jennifer Larson, Budget Director 2 Prairie Farms Country... Dairy fresh distribution throughout Mid-America and the South. Hiland Dairy Joint Venhue Bite Dodge Cdy, Great Bend Hutchinson Manhattan Wichita (Flom) Roberts Dairy Joins Venture Soliro `polio Prairie Farms Dairy Cape Girardeau Pacific Park Hill; Poplar Bluff Si. 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Streator IJlbana Watseka Muller -Pinehurst Dairy Joint \e:nlure Rcci,fard Mont( Hawthorn Mellc.iy Chicago GMS Transportation Sub si iiwy `rD ranite Cisy Southern Bello Dairy Subsldrory Ashville Prairie Faints Dairy Fart Wayne (Plant) Greencastle Mishaysako Monticello Terre Haute East Side Jersey Dairy Subsidiory Anderson (Plant( Bedford Co!um6u; Evansville Holland (Plant) Indianapolis t:okamo/Marion ke Cream Specialties Subsidiary Lafayette (Plant) �V entllville Our Family of Dairies... Dairy fresh distribution throughout Mid-America and the South. A.5 aai offieaA r/alp, Farm quality... from our family to yours ❑iliiiiddtober(4 l het, (output, LtattijtatiftiVip uVei lU��67NI.IC/ir��t� SouthernBelle PINEHURST DAIRY COLEMAN DAIRY 9ce Dream Sizea pillet, c. City of Dubuque Water Projections for Prairie Farms Actual Calender Year 2013 Usage Increased Usage Projections Gallons $ Gallons $ January 1,998,716 4,567 January 5,433,718 11,781 February 1,739,707 4,023 February 4,729,575 10,296 March 2,070,046 4,717 March 5,627,636 12,188 April 2,780,028 6,208 April 7,557,796 16,241 May 1,819,620 4,191 May 4,946,827 10,758 June 2,046,701 4,668 June 5,564,170 12,055 July* 2,873,878 6,985 July* 7,812,937 18,295 August 1,876,796 4,701 August 5,102,266 12,088 September 2,369,090 5,829 September 6,440,618 15,152 October 2,541,436 6,223 October 6,909,159 16,225 November 2,424,476 5,955 November 6,591,191 15,497 December 2,311,519 5,697 December 6,284,106 14,794 26,852,013 $ 63,764 73,000,000 $ 165,370 *City of Dubuque water rates generally change on July 1. Since the tables are based on calender year, two rate schedules were used in calende year 2013. The same rate schedules were used in both tables in order to show the increased cos strictly based on increased consumption, not including rate changes scheduled to take effec on Ju y 1, 2014. 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Consumption ■ Actual 2013 ■ Projected Increase A IPP charges for 2013 were $308,091. This should not increase, based on the assumption that total wastewater should be staying the same, the source of water if what is changing. (City vs. well) Mike Van Milligen - Re: water project From: To: Date: Subject: Attachments: "Bob Walker/prairiefarms" <BWalker@prairiefarms.com> "Mike Van Milligen" <ctymgr@cityofdubuque.org> 4/30/2014 4:52 PM Re: water project City Water Agreement.pdf Page 1 of 1 Mike, Thank you for all of your efforts on this. We will proceed with the water infrastructure upgrade. Here is an executed agreement. If you need an original by mail let me know. The project was approved based upon this city's latest proposal. Thanks again. Robert Walker General Manager Prairie Farms Dairy 563 564 7227 Cell Click here to report this email as spam. file : ///C : /Users/mvanmill/AppD ata/L o c al/Temp/XP grpwise/5 3 612A64DB Q_D ODB Q_P O 1... 5/1/2014 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PRAIRIE FARMS DAIRY, INC. This Agreement, dated for reference purposes the ! day of /11 rY , 2014, is made and entered into by and between the City of Dubuque, Iowa (City) and Prairie Farms Dairy, Inc., an Illinois Agricultural Cooperative (Prairie). The aforementioned parties may also be referred to as a "Party" or the "Parties" to this Agreement. Whereas, Prairie owns and operates a dairy facility at 3510 Central Avenue, Dubuque, Iowa; and Whereas, Prairie desires to purchase water from City for its dairy facility; and Whereas, City is willing to sell water to Prairie upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. OPTION TO PURCHASE. 1.1. City hereby grants Prairie the option to purchase water from City at a monthly volume of 2,300,000 gallons (the Base Usage) at the rates established by Section 13- 1 C -1(A) of the City of Dubuque Code of Ordinances (the Base Usage Rate) (the current Base Usage Rate is set out in attached Ordinance No's. 10-13 and 17-14) with a discounted rate (the Discounted Rate) applied to water usage above the Base Usage as follows: Discounted Rate Year %o Active Date Ending Date 1 90% July 1, 2014 June 30, 2015 2 75% July 1, 2015 June 30, 2016 3 60% July 1, 2016 June 30, 2017 4 60% July 1, 2017 June 30, 2018 5 60% July 1, 2018 June 30, 2019 6 10% July 1, 2019 June 30, 2020 7 10% July 1, 2020 June 30, 2021 8 0% July 1, 2021 June 30, 2022 042414ba1 1.2. The Base Usage Rate is subject to increases approved by the City Council through the city's annual budget process, as such increases apply to all City of Dubuque water customers. SECTION 2. TERM. The term of this Agreement is from the 1st day of July, 2014, to midnight on the 30th day of June, 2022. SECTION 3. CONSTRUCTION OF WELLS. Prairie may not construct any new wells during the Term of this Agreement. SECTION 4. BINDING ON SUCCESSORS. This Agreement is binding on Prairie's successors and assigns. SECTION 5. INSTALLATION OF WATER LINE. Prairie must install a twelve -inch (12") service line connected to the City water system with appropriate sized backflow devices and water meter. SECTION 6. CITY COUNCIL APPROVAL. This Agreement is subject to final approval by the city council by no later than May 5, 2014. If this Agreement is not approved by such date, it will be null and void. SECTION 7. DEFAULT. 7.1. Default Defined. Failure by either Party to substantially observe or perform any material covenant, condition, obligation or agreement under this Agreement shall constitute a default of this Agreement. 7.2. Remedies on Default. Whenever a Default referred to in Section 7.1 of this Agreement occurs and is continuing, the non -defaulting Party may take any one or more of the following actions after the non -defaulting Party gives written notice to the defaulting Party of the Default, but only if the Default has not been cured within sixty (60) days following such notice, or if the Default cannot be cured within sixty (60) days and the defaulting Party does not provide assurances to the non -defaulting Party that the Default will be cured as soon as reasonably possible thereafter: (1) The non -defaulting Party may suspend its performance under this Agreement until it receives assurances from the defaulting Party deemed adequate by the non -defaulting Party, that the defaulting Party will cure the Default and continue its performance under this Agreement; or (2) The non -defaulting Party may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. SECTION 8. GENERAL TERMS AND PROVISIONS 2 8.1 Notices and Demands. Whenever this Agreement requires or permits any notice or written request by one party to another, it will be deemed to have been properly given if and when delivered in person or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows: If to Prairie: With copy to: If to City: General Manager 3510 Central Avenue Dubuque, IA 52001 Phone: (563) 582 7206 Fax: (563) 582 1228 Office of the General Counsel 1701 Towanda Avenue, PO Box 2901 Bloomington, IL 61702-2901 City Manager 50 W. 13th Street Dubuque, Iowa 52001 Phone: (563) 589.4110 Fax: (563) 589.4149 With copy to: City Attorney City Hall 50 W. 13th Street Dubuque IA 52001 Or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. CITY OF DUBUQUE, IOWA ATTEST: oez JAr'J// Kevin :. Firnstah , City II erk 3 PRAIRIE FARMS DAIRY, INC. By: F:\USERS\tsteckle\Lin dah I\Agreements\PrairieFarmsAgreement_042414.doc 4 ORDINANCE NO. 1 0-1 3 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE CRATES, SECTION 13 -1C -1(A} ESTABLISHING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -1C -1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13 -1C -1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (in Hundreds of Cubic Feet) First 30 Next 120 Next 350 Next 500 Next 1,000 Monthly Consumption (in Gallons) First 22,440 Next 89,760 Next 261,800 Next 374,000 Next 748,000 Charae per Hundred Cubic Feet $2.90 $2.37 $2.19 $1.94 $1.72 Charge per Gallon $0.00387 $0.00316 $0.00294 $0.00261 $0.00229 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size Inches 5/8 3/4 1 1 1/2 2 3 4 6 8 Monthly Consumption (In Hundreds of Cubic Feet) 2 5 8 26 46 106 168 368 625 5 Monthly Consumption (In Gallons) 1,496 3,740 5,984 19,448 34,408 79,288 125,664 275,264 467,500 Minimum Charge $ 5.79 $ 14A7 $ 23.16 $ 75.26 $ 124.66 $ 266.48 $ 410.07 $ 849.89 $1,384.21 Attest: A property owner shall pay a $50.00 disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be charged to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $5.00 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2013. Passed, approved and adopted this 28th day of February , 2013. Key' Firnstahl, ciyy C erk 6 Roy D. uol, May ORDINANCE NO. 17-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13 -1C -1(A) ESTABLISHING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -1C -1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13 -1C -1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water • for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748. gallons) or per gallon as follows: Monthly Consumption Charge per (in Hundreds of Cubic Feet} Hundred Cubic Feet First 30 $3.05'. Next 120 $2.48 Next 350 . $2.30 Next 500 $2.04 Next 1,000 $1.81 Monthly Consumption Charge per (in Gallons) Gallon First 22,440 $0.00406 Next 89,760 $0.00332 • Next 261,800 $0.00309 Next 374,000 $0.00274 Next 748,000 $0.00240. Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size Monthly Consumption Monthly Consumption Inches (In Hundreds of Cubic Feet) (In Gallons) Minimum 5/8 2 1,496 $ 6.07 3/4 5 3,740 $ 15.18 1 8 5,984 $ 24.30 1 1/2 26 19,448 $ 78.96 2 46 34,408 $ 130.84 3 106 79,288 $ 279.84 4 168 125,664 $ 430.71 6 368 275,264 $ 892.98 8 625 467,500 $1,454.26 7 A property owner shall pay a $50.00 disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $5.00 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2004.Passed, approved and adopted this 5th day of March, 2014. Attest: rYr' Kevin rnstahl, City 8 Roy D. Buol, Mayor