Loading...
Dittmer Recycling Incorporated - Recyclables Processing Agreement Copyright 2014 City of Dubuque Consent Items # 42. ITEM TITLE: Dittmer Recycling Incorporated - Recyclables Processing Agreement SUMMARY: City Manager recommending approval of a five-year agreement with Dittmer Recycling Incorporated for processing and marketing the City's collected recyclables. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Dittmer Recyclables Processing Agreement-MVM City Manager Memo Memo Recycling Agreement Memo Staff Memo Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed City of Dubuque/Dittmer Recyclables Processing Agreement DATE: June 13, 2016 Public Works Director John Klostermann recommends City Council approval of a five year agreement with Dittmer Recycling Incorporated for processing and marketing the City's collected recyclables. The current Recyclables Processing Agreement is a three-way agreement between the City, the Dubuque Metropolitan Area Solid Waste Agency and Dittmer, which is set to expire on June 30. The new contract does not include Dubuque Metropolitan Area Solid Waste Agency because all the recyclable materials collected curbside and delivered to the Dittmer facility under the current agreement in recent years were from the City. Under the current agreement, Dittmer's recyclables processing fee is $83.17 per ton, with revenue shares of 55% to the City, 5% to the Agency, and 40% to Dittmer for composite commodity values that exceed $83.17 per ton. Under the terms of the new agreement, Dittmer's processing fee would drop to $60 per ton, with a 50/50 revenue share on the average per ton value of the City's Acceptable Recyclable Materials. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager John Klostermann, Public Works Director Dubuque THE CITY 7H� D V L L All-Americacity 11V F 1VF Masterpiece on the Mississippi 2007.202-2013 TO: Michael C. Van Milligen, City Manager FROM: John Klostermann, Public Works Director SUBJECT: Proposed City of Dubuque/Dittmer Recyclables Processing Agreement DATE: June 15, 2016 INTRODUCTION The purpose of this memorandum is to recommend the attached City of Dubuque recyclables processing and marketing agreement with Dittmer Recycling Incorporated. BACKGROUND The current three-way agreement between the City, the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), and Dittmer expires on June 30th. In January, you had authorized direct negotiations with Dittmer for a new recyclables processing and marketing agreement—without future participation by the DMASWA. This was due in large part to the recognition that all of the recyclable materials collected curbside and delivered to the Dittmer facility under the current agreement in recent years were from the City. As a result, it was agreed that the City should have direct control over the next contract and any associated revenues. The DMASWA proved agreeable to this course of action. DISCUSSION Resource Management Coordinator and Supervisor Anderson Sainci, and I have been meeting with Dittmer Recycling's Scott Dittmer and Joe Rettenmeier on a regular basis in recent months to negotiate a new agreement. The objectives of this agreement are to secure a facility to divert recyclable materials from the landfill, minimize the City's financial risks associated with the recyclables commodities markets, and develop a new contract far simpler than the current agreement. The strategy was to reduce the tipping fee for processing and marketing of the delivered materials, maximize the value of the processed recyclables for the profit sharing, and reduce the risk of subsidizing the processor when markets are depressed. Under the current agreement, Dittmer's recyclables processing fee is $83.17 per ton, with revenue shares of 55% to the City, 5% to the Agency, and 40% to Dittmer for composite commodity values that exceed $83.17 per ton. When the composite value of the processed materials is below $83.17 per ton, a $20 surcharge is added for a tipping fee of$103.17 per ton, which has been the case since last summer. This condition requires a payment to make up the difference between the tipping fee and the value of the processed materials. Due to a slight increase in commodity market prices over the last two months, a revenue share payment ($1 ,345.52) was received from Dittmer for March and April of 2016. Therefore, based on current market conditions, we anticipate at least some revenue share for the remainder of FY 2016. Under the terms of the new proposed agreement (attached), Dittmer's processing fee would drop to $60 per ton - with a 50/50 revenue share on the average per ton value of the City's Acceptable Recyclable Materials. Four major recycling facilities in east-central Iowa that process and market curbside- collected single stream recyclables were recently contacted to verify their current and/or proposed fees and terms. Below are the results of the survey. Recycling Facility Current/Proposed Revenue Share Processing Fee Cedar Rapids/Linn $65/ton Yes (Average of 35% County (private) of revenues in excess of$65/ton to customer) Iowa City (private) $65/ton Yes (same as Cedar Rapids/Linn County) Davenport (private) $65/ton No Scott County (public) $80/ton Yes (50% of revenues in excess of$80/ton to customer The proposed agreement with Dittmer providing for a processing fee of$60.00 per ton and a 50/50 revenue share obviously compares quite favorably with the terms noted immediately above. The proposed agreement itself has been reviewed and approved by City Attorney Barry Lindahl. The approved FY17 budget for the Curbside Recycling Collection activity (67054530) anticipated that the City would not receive any revenue from or provide any payments to Dittmer. This was due in no small part to unstable commodity market prices at that time and uncertainty regarding the future participation of the DMASWA. At this time, I believe there is a chance for net shared revenues versus recycling facility subsidy payments. In the event that subsidy payments to Dittmer would prove to be necessary for FY 2017, I recommend that the $42,794 remaining from the $205,675 originally budgeted for the replacement of a collection truck in FY16 be used to offset the subsidy payments. That truck's purchase was canceled and $50,000 of its original appropriation was used to purchase a badly-needed grappler truck, along with $112,881 put into reserve to cover an anticipated FY16 recyclables revenues' shortfall of an equal amount. ACTION STEP I recommend that the attached five year agreement with Dittmer Recycling Incorporated for processing and marketing the City's collected recyclables be approved and endorsed. CC: Jenny Larson, Budget Director Jean Nachtman, Finance Director Anderson Sainci, Resource Management Coordinator and Supervisor Attachment AGREEMENT FOR THE PROCESSING AND MARKETING OF RECYCLABLES BETWEEN DITTMER RECYCLING, INC. AND THE CITY OF DUBUQUE, IOWA VA This AGREEMENT, dated for reference purposes the E q 'day of e 2016, is made and entered into, between, Dittmer Recycling, Inc. (Contra tor) and the City of Dubuque, Iowa (City). WHEREAS, Contractor is the only Materials Recovery Facility (MRF) in the county capable of providing comprehensive services with whom City desires to negotiate a contract; and WHEREAS, it is imperative that City complete contract negotiations in a timely manner; and WHEREAS, City desires to significantly increase the diversion of Recyclables from the solid waste stream it delivers to the Dubuque Metropolitan Area Solid Agency's Landfill (Agency) to extend the life of the Agency's Landfill; and WHEREAS, City desires to maximize per ton revenues derived from the sale of the recyclables and to minimize transportation and overall costs; and WHEREAS, City desires to enable sustainable recycling infrastructure in order to provide competitive MRF processing services, and support green jobs and local economic development; and WHEREAS, City and Contractor desire to reduce pollution impacting Global Climate Change and to conserve energy and natural resources for use by future generations; and WHEREAS, City has agreed to contract with Contractor for receiving, transferring, processing and marketing Acceptable Recyclables collected by City subject to the terms and conditions set out below. 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 July 1, 2016 until midnight June 30, 2021 (the Term), unless earlier terminated pursuant to this Agreement. City 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. 052516baI SECTION 2. DEFINITIONS. For the purpose of this Agreement, the following terms shall have the following meanings: 2.1 Holidays. City Holidays are New Year's Day, Martin Luther King's Day, Memorial Day, Independence Day, Labor Day, Veteran's' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. City crew will provide curbside collection services on Veteran's Day, the Day after Thanksgiving, Christmas Eve, and New Year's Eve. For the remaining holidays, City crews will provide curbside collection services on the preceding or following Saturdays. The MRF shall remain open to meet the needs of the City and the City's collection schedule on the noted holidays and Saturdays, expect the Saturday collection for Memorial Day, Independence Day, and Labor Day. The City will hold the recyclables collected on the Saturday collection days identified for service for Memorial Day, Independence Day, and Labor Day until the following Tuesday. Contractor agrees to adjust MRF facility hours on the Tuesdays after the noted holidays and on all other holidays to meet the needs of the City. 2.2 Materials Recovery Facility (MRF). Materials Recovery Facility shall mean the Contractor's facility located at 1755 Radford Road, Dubuque, IA 52002. 2.3 Acceptable Recyclable Materials. Acceptable Recyclable Materials means post- consumer recyclables collected "curbside" from residential, institutional, and commercial recycling customers that are uncontaminated and include: 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-#5 (excluding plastic bags / film); and other materials as mutually agreed upon in writing by City and Contractor. Acceptance of previously agreed upon Acceptable Recyclable Materials listed on Attachment B may be terminated as mutually agreed upon in writing by City and Contractor. 2.4 Single -Stream. Single -Stream shall mean the delivery of the Acceptable Recyclable Materials to the MRF in one compartmentalized or containerized stream: commingled paper; metals; and plastic rigid containers. 2.5 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. 2.6 Unacceptable Materials. Unacceptable Materials means either materials that are not Acceptable Recyclable Materials or materials that would have been classified as Acceptable Recyclable Materials but were not 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 shall be considered as 2 Unacceptable Materials when containing prohibited materials or out -throws of more than 10% by weight by visual estimation. 2.7 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 City shall be reported to City in the form of Attachment C. 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 by the weight of Residual Materials that is landfilled. SECTION 3. CONDITIONS PRECEDENT. City 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 SERVICE. Contractor and any approved subcontractor (s) shall receive, transfer, process and market Single -Stream Acceptable Recyclable Materials delivered to the MRF by City. All services rendered by Contractor shall be in accordance with this Agreement. SECTION 5. RECEIVING ACCEPTABLE RECYCLABLE MATERIALS. 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 Section 2.1. Hours for receiving materials on Monday through Friday shall be from 7:00 a.m. to 3:30 p.m. City 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 City during any planned or unanticipated delay in opening, shutdowns, maintenance, or renovations at the MRF. Contractor shall provide written notice to City at least sixty (60) days in advance of any substantial change in these or subsequent plans for receiving, transferring and processing materials collected by City. 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 City. Rejected whole or partial truckloads shall be reloaded, with City concurrence or set aside inside 3 Contractor's facility for not more than two (2) working days. City shall either dispose of sufficient quantity contamination in order to upgrade the materials to become Acceptable Recyclable Materials for processing by Contractor. If City is unable or unwilling to remove the rejected materials in accordance with this Agreement, Contractor will charge the disposal of the materials to City at the plus invoice City for one hundred dollars ($100.00) for transport. 5.4 Weighing of Acceptable Recyclable Materials. City shall weigh Toads at the Contractor's MRF or any other certified scale that is accepted by City to establish the net weight delivered to the MRF. Weight tickets shall be generated automatically without requiring manual weight data entry. 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, net weight, time of day and truck identification. Contractor shall provide City with monthly reports of the total weight delivered to the MRF in the form of Attachment C. 5.5 Unloading of Acceptable Recyclable Materials. City shall be responsible for unloading Acceptable Recyclable Materials at the MRF. Contractor shall cooperate with and assist City by providing the personnel, equipment and/or space necessary to unload Acceptable Recyclable Materials which will enable City 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 premises. 5.6 Title to the Acceptable Recyclable Materials. City 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 necessary to meet market specifications and all costs associated with storage, transport and processing of Acceptable Recyclable Materials received from City. SECTION 7. OWNERSHIP OF 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; transporting Acceptable Recyclable Materials to any approved subcontracted MRF and 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 accepted from City. Contractor agrees to use its best efforts to effectively process, or subcontract to primary process, and market all Acceptable Recyclable Materials delivered by City at an optimal value. 4 8.2 City shall have the right, during the term of this Agreement, to have a representative enter Contractor's premises to monitor adherence to the Agreement. Use of recording devices by City 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 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. Substandard performance as determined by City 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 sixty (60) days after being notified by City. City may initiate Agreement termination procedures. SECTION 9. UNACCEPTABLE AND RESIDUAL MATERIALS 9.1 Reiectinq Unacceptable Loads or Commodities. Contractor shall have the right to reject at the MRF any Unacceptable Materials in accordance with the Section 5.3. 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 City shall not exceed 5% by weight. In the event that Unacceptable Materials' content in any delivery exceeds 5% by weight, Contractor may charge City for special handling. Clean Cardboard materials may contain Unacceptable Materials not exceeding 10% by weight. 9.3 Measuring Process Residuals. Contractor shall provide City 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 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 the monthly report. SECTION 10. LANDFILLING ACCEPTABLE RECYCLABLE MATERIALS. Contractor or any subcontractors shall not dispose any non -contaminated Acceptable Recyclable Materials accepted from City in a landfill without the written authorization of City. 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 City according to the separate apportionment and financial terms adopted on quality and quantity as 5 provided in Attachment A. 11.2 Settlement. Contractor shall be responsible for maintaining adequate records to submit revenue sharing or processing fees information to City 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 C. Contractor shall pay City any amount due to City by the 30th day of the month following the previous month's deliveries of Acceptable Recyclable Materials in months when City receives a Revenue Share. City shall pay any amount due to the Contractor by the 30th day of the month following the previous month's deliveries of Acceptable Recyclable Materials in months when City owes Contractor. SECTION 12. PERFORMANCE GUARANTEE 12.1 Performance Bond. Contractor shall deliver a bond or other security to City in a form acceptable to City 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 City may have against Contractor. 12.2. Liquidated Damages. Contractor agrees that, in addition to any other remedies available to City, City may withhold any and all payments due to Contractor as liquidated damages for failure of Contractor to fulfill its obligations under this Agreement. SECTION 13. INSURANCE. Contractor shall provide insurance as set forth in Attachment D. SECTION 14. EDUCATION. Contractor shall cooperate with City 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 City's recycling education and promotion programs as well as initiate its own programs. Strategies to promote recycling shall include 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. Contractor will make a payment to City in support of City's public education program in the amount of one dollar per ton (paid quarterly) for Acceptable Recyclable Materials delivered to the MRF by the City. Contractor understands that the funds may be used, but is not limited to, Re -Collect software, flyers, brochures, giveaways advertisements and/or environmental events. SECTION 15. PERFORMANCE OF THE AGREEMENT. 15.1 Necessary Labor, Material, and Equipment. Contractor shall supply all labor, material and equipment necessary for performance of Contractor's duties under this Agreement. 6 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 City, 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 City, of all financial and operating information related to the Acceptable Recyclable Materials delivered to it by City. The records shall include insurance and any regulatory inspection records, quantity by weight of Acceptable Recyclable Materials delivered by City to the MRF, and the records of all off- site shipments, tonnage, transfer and disposals for primary, processing made from or including Acceptable Recyclable Materials collected and delivered by the City. 16.2 Report to City. Contractor shall submit a complete monthly report to City within five (5) days after the end of each month in the form of Attachments C, which shall include; the tonnage delivered by City during the month; the quantity of each Recyclable Commodity marketed; revenue owed to or by City; and the quantity and type of residue landfilled during the month. The Contractor shall also submit a brief narrative analysis of the market conditions for each materials; and suggested methods to improve the quality or quantity of recyclable materials generated or processed or other ideas to enhance the revenue potential of materials collected. 16.3 Inspection of Facility and Records. City or an authorized representative of City 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. City shall conduct such inspection in a manner which will be least disruptive to the operations of Contractor. Contractor agrees to cooperate fully with City during the inspection. 16.4 Periodic Meetings. Contractor and the City shall meet monthly, or as needed, to address and perceived problems, commodity prices and revenue shares, monitor Contractor operating costs, modify seasonal percentages of incoming materials by mutual consent of City and Contractor, evaluate the status of the delivery and processing of Acceptable Recyclable Materials, confer on potential efforts to improve quantities and quality, and evaluate the status of current and possible future recycling activities. 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 7 for 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 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: If to Contractor: If to City: Mr. Scott Dittmer, President Dittmer Recycling, Inc. 1755 Radford Road Dubuque, IA 52002 Mr. Michael C. Van Milligen City Manager City Hall 50 West 15th 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 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 City shall have any interest, direct or indirect, in this Contract or 8 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 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, 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 sixty (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, IOWA DITTMER R. CYCLING, INC. By: By: By: Michael C. Van Milligen City Manager Kevi6 irnstahl City Clerk 9 By Sco oe Rettenmeier, Vice President ATTACHMENT A 10 ATTACHMENT A 1) For the purposes of this Agreement and this Attachment A, the following terms have the following meanings: (a) Contractor Processing Fee. The Contractor Processing Fee is the mutually agreed upon fee per ton for handling, sorting, 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 the City's Acceptable Recyclable Materials delivered to the Contractor and sold each month as indicated on line 2 of attachment C. (c) City Revenue Share. The City Revenue Share is 50% of the Net Revenue Share as indicated in Section 2 of attachment C. 2) Contactor and City agree to the following apportionment of the City's Acceptable Recyclable Materials by a percentage of marketed commodities and a percentage of reasonable accommodated Unacceptable Materials expected to be landfilled: (a) Paper (78.37%) Special News, De-ink Quality (PS-8), 61 .18% chipboard and junk mail included Corrugated Containers (PS-11), 17.19% (b) Rigid Containers and Materials (Metal Cans and Plastic Bottles) (18.04%) Used Beverage Containers 1 .30%Tin Cans 3.7% (includes miscellaneous metal: copper, aluminum, steel, empty paint and aerosol cans, pots, and pans) PET #1- 5.51 % HDPE #2- Natural 3.04% HDPE #2 - Colored 2.03% #345 Plastic Containers 2.55% (c) Residual Materials 3.59% (includes cartons, glass, films, hazardous wastes, and fines) 11 3) Contractor will provide processing and marketing services to City for $60 per ton for the agreed upon apportionment of Acceptable Recyclable Materials and Unacceptable Materials as stated in Paragraph (1) (the Contractor Processing Fee). 4) Net Revenue Shares will be distributed to City and Contractor according to the following percentages and as shown on Attachment C: (a) 50% to City, and (b) 50% to Contractor 5) When Acceptable Recyclable Materials are marketed during a month by Contractor, the apportioned tonnage of that Acceptable Recyclable Materials delivered during that month will be credited as revenue based on actual sale receipts received by the Contractor. Upon request, the Contractor will provide the City actual sale receipts for the products marketed. The value of the City's Acceptable Recyclable Materials will be included in the Net Revenue Share. 12 ATTACHMENT B 13 �: p0 - - • overPleasMai.each.lowNo lactic bags at!caned—pleaby e a.m.meem at N " crolcohandletlnwttionsmayno[weigh overgolbs.each.No plastic whbagsaaecial —pleasererytle mematmarrylocalcaor banner remllers.on on who anaad conn bin,one withwheels cur the public Woa basketcurapartmentrttyding,mmrlMre welaatlou on what cunadd cunnotMreryor localplease so it"olltMPublN opportUepas,Asit a6b358gAIIp orvndMewebsiMatwww. tltyoPoubuque.ory.Falocal tlmppflrttydingoppodunNles,visitwwwAMASWG.ory. t ia •T1S50P PAPER •shreaeea papestaps ' p�pyp joft •Paperback and Mbods books y. i Newspapers magazines,rmalogs • aeanpionabmeypopand to erbores • Frrrelopes,lunk mail,paperbam • shoe boxes •cereal bores • white,colo N marks paper •6raycmpboard •Gmonlessforms • mrmgmee raNhoaN-flattenee,lesman9glbs NbuMlee,lesman3 R.lon4smplesoluy • Promonmrs •pzperesocamons PLASTIC ;O^'"iL;Y^pi •^a' •pMmpce,,lotion,ardramp mal `s��a` a3 Zl •Alargarineandicuaeam Nbs • Bleach and ane rmrmconllugs r — •Yagurtaps and dear plasfirflnrrer W6 • Mpanawmerbmrles,plasdcmps • uleamandemegen[mnGirers • xnn:ehnlaaeamngmmamers METAL 1) 0 BE IS • Fo im add brer aluminum cans Milkandluire paperbaaNratlans • kinetlmoment footlcar flabdsaq Food-error ustMmoorlands oispnahlgro • Aluminumful,pe pansantl trays (erealbm liners,feeelseetl bags Plasticeggmda • MMalyrlichinflatlenMmus Photagmphyrailmoctingcards iyuekenvelapes • Personal smel rssnepapecroilgiRwnp oflmtersandbarreaa • appep Mass,antlaluminum soled paper plates,cups and napkin Ami-oppose and motor oil containers • Empty aerosol cans syringes,needless harps and Nlres Formed and demi<al containers • Newly emptied,dean latex paint nor Plastic without a recycling symbol mange sell oldrin pill bottles Plastic with a 46 or R]symbol All black or Toward contairrers Plasn<bags and him wrap 9irkKoated frozen food boxes stymfaumoms,laundrybaskets ATTACHMENT C 15 COWMCTORS FMAXCIAL TMNMCTpHS STATEMEHI� MOWN O Fu arw®g s 1�1 E z.venue of Cumside cell W r vm as � s� - 16 ATTACHMENT D 17 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers,Service Providers),or Right of Way Permit Holders Insurance Schedule A 1. shall furbish a signed Certificate of lnsuance lCOp to Me CM of Dubuque,Iowa for the coverage required In Exhibit I Pnar to contact or lease commencement NI lessees of City Property and Right of Way PermR Holders shall submit an updated COI annually.Eam Certificate shall be prepared on Me most combat ACORD form approved by the Department of Insurance or an equivalent Each certficate shall Include a statement under D¢crgmon of creators as to why Issued.EV Project N or lease of premises at or construction of ornght of way Permitted loxton and description 2. At policies of insurance required hereunder shall be vnth a order authorized to do business In Iowa and all carriers shall haw a rating of A or better In the Conant A.M.eesPS Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the Clty of Dubuque. 0. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the Udy of Dubuque. Failure to obtain or maintain the required Insurance shall be considered a material breach of this agreement. 5. At required endorsements to various follows shall be attached to Certficate of Insurance. fi. Whenever a specific ISO form is listed,an"bargain form may be subsRuted subject to the provider identifying and listing in writing all deviators and eadumans that differ from the ISO form. ]. founder shall be required to carry the minimum coverage/lamps,or greater if required by law or other legal agreement,In Exhibit 1. 8. Wher Weran ISO form is rePerencN Me commit edition of Me form must be used. if produces limns of liability are higher than the required minimum limits then Me provitle(s limns shall be this agreemmPs rquiretl limns. Page 1 of 3 Schedule A Property Or Vendors May 2016 18 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers, Service Providers),or Right of Way Permit Holders Insurance Schedule A (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Gmlt $2,000,000 ProductsCardpletea Operators Aggregate omit $1,008000 Personal and Advertising Injury Limit $1,00Q000 Each Occurrence $1,00Q000 Fire Damage Lung(anyone occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be writer an an occurrence,not claims made,form.The general liability coverage shall be written In accord with LSO farm CGDOOl or business owners farm BPDW2. All reactions from Me standard ISO commercial general liability farm CG NOl,or Business owners farm Be 0002,shall be clearly Identified. Id Include ISO endorsement farm CG 2500'Designated Loratoms)General Aggregate Land.- c) mlrel Include endorsement bargaining that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity(Sample attaUred). e) Include an endorsement that deletes any fellow employee exclusion. t) Include additional insured endorsement ar: 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.Use ISI form CG 2010(Ongoing operations)or its equivalent. g) IfvmdaruaOzes Trikkes or sagways in the wntluct of business,include an endorsement renedng that mese vehicles are not excluded from Commercial General tiabNry coverage. B) WORKERS COMPENSATON&EMPLOYERS IIABILRY Statutory benefits covering all employees injured On the job by accident or disease as prescribed by Iowa Code Chapter M as amended. Coverage Statutory—State of Iowa Coverage Employers Liability Each Accident $1W,ono Each Emplayeeubsease $100p00 Policy Limit Disease $500,000 Polity shall include an encasement providing a waireraf subragaban to the Ory of Dubuque. C) Pollution Liability Coverage required: yes X no Panel Liability coverage shall be required if lessee has any pollution exposures including abatement of haza deal or contaminated materials including,but not limned to,petroleum products, the removal of lead,asbestas,or Mal Pollution product and complete operations coverage shall also be covered. $2,000,000 each occurrence $0,000p00 policy aggregate a) Polity to include premHes and transportation coverage. Id Include additional insured as stated!in At phare. c) Include preservation of gavernmental immunity as stated in Ad above. d) Provide evidence of coverage for 5 years after completion of project Page 2 of 3 Schedule A Property Or Vendors May 2016 19 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or vendors(Suppliers,Service Providers),or Right of Way Permit Holders 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 Cry 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 carder 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 he 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 anytime and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage.The insurance carder shall not deny coverage under this policy and Me carder shall not deny any of the rights and benefits arming to e City of Dubuque,Iowa under Mthis policy far 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 after the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule A Property Or Vendors May 2016 20