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Signed Contracts_Dittmer/DMASWA_Marketing Agreement Amendment 3Masterpiece on the Mississippi Dubuque 2007 • 20 2 2013 TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director SUBJECT: Dittmer Recycling Inc. Agreement Amendment DATE: June 3, 2014 INTRODUCTION The purposes of this memorandum are to provide information and request your signature on the attached third amendment to the recyclables processing and marketing agreement between the Dubuque Metropolitan Area Solid Waste Agency, Dittmer Recycling Inc., and the City of Dubuque. DISCUSSION The cited agreement is in effect through June 30, 2015. The third amendment provides for compensation to Dittmer for hosting group tours of the Dittmer materials recycling facility, principally by Dubuque's elementary school students. The Agency will be the sole provider of said compensation, in the amount of $30.00 per tour. The amendment was prepared by City Attorney Barry Lindahl and unanimously approved by the Agency's Board of Directors at its May 28th business meeting. ACTION STEP Your signature on the attached copies of the amendment is requested. Attachments CC: Barry A. Lindahl, City Attorney THIRD 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 Third 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 28 day of May, 2014. 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, 2015; and Whereas, the Agreement has previously been amended; and Whereas the, Agency, Contractor and City now desire to amend the Agreement further as provided herein retroactive to April 16, 2014. NOW, THEREFORE, IT IS AGREED BY AND AMONG AGENCY, CONTRACTOR AND CITY AS FOLLOWS: Section 1. Section 14 is amended to read as follows: 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. If Agency staff is unable to assist, the Agency shall pay the Contractor $30 per occurrence upon receipt of a report containing the date of the tour, the name of school/organization participating, the age/grade level and the number of participants. 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 2. All other terms and conditions of the Agreement shall remain in full force and effect. 052114baI DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY By Agency Chairperso CITY OF DUBUQUE, IOWA By / Midiael C. Van Milligen City Manager By Ke :In irnstahl City Clerk DITTMER RECYCLING, INC. 1 By: Scott Dtttmer, President By: .- /Joe Rettenmeier, Vice President F:\USERS\tsteckle\Lindahl\Agreements\DittmerRecyclingAgreement3rdAmendment_052114.doc 2 EFFECT OF AMENDMENT 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. If Agency staff is unable to assist, the Agency shall pay the Contractor $30 per occurrence upon receipt of a report containing the date of the tour, the name of school/organization participating, the age/grade level and the number of participants. 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. 3