NOTICE OF REGULAR MEETING AGENCY BOARD OF DIRECTORS … › uploads › pdf › April_20_2016_Agency_Boa… · NOTICE OF REGULAR MEETING . AGENCY BOARD OF DIRECTORS . 4:00 PM, April

925 Kerper Court Dubuque, IA 52001-2405 Phone: 563-589-4250 www.dmaswa.org

NOTICE OF REGULAR MEETING AGENCY BOARD OF DIRECTORS

4:00 PM, April 20, 2016

Conference Room – Multicultural Family Center 1157 Central Avenue, Dubuque, Iowa

Agency Mission Statement

In order to control current and future economic and environmental liability, the mission of the Dubuque Metropolitan Area Solid Waste Agency is to provide environmentally sound, financially stable, fiscally responsible, community recognized, solid waste management services that include appropriate waste reduction, resource conservation, and disposal activities.

TENTATIVE AGENDA 1. MINUTES

Approval of the March 16, 2016 regular meeting minutes

2. BOARD PRESENTATION Presentation on the Multicultural Family Center’s Future Talk Program

3. DUBUQUE COUNTY FAIR BOARD REQUEST

Discussion and direction concerning a request for a reduced tipping fee

4. OPERATIONS STATEMENT & SOLID WASTE TONNAGE REPORT REVIEW Discussion regarding the March 2016 operating statement and tonnages received

5. PUBLIC HEARING ON DISPOSAL OF REAL PROPERTY

Discussion and direction regarding the disposal of real property to the City of Dubuque a) Public Hearing regarding the disposal of real property b) Transfer of Warranty Deed c) Grant of Permanent Utility Easement

Resolution Disposing an interest in real property by deed and grant of easement to the City of Dubuque, Iowa.

6. SELECTION OF ANNUAL ENGINEERING SERVICES PROVIDER(S)

Discussion and direction regarding the selection of firm(s) to provide annual services Resolution Authorizing the Chairperson to endorse the Annual Services Agreement(s)

7. MEMORANDUM OF UNDERSTANDING Discussion and direction regarding a memorandum of understanding for emergency disposal services Resolution Memorandum of Understanding with the Waste Authority of Jackson County


8. EQUIPMENT REPLACEMENT

Discussion and direction regarding the purchase of a replacement wheel end-loader

9. FORMER CATE HOMESTEAD MAINTENANCE Discussion and direction regarding bids received for tree removal

10. REQUEST FOR BIDS FOR RECYCLING DROP-OFF STATIONS

Discussion and direction regarding requesting bids for servicing the drop-off stations

11. STAFF REPORTS: a) Notice of Appointment by Board of Supervisors of Mr. Jay Wickham; b) Correspondence from Midwest Electronic Recovery; c) Correspondence to Midwest Electronic Recovery; d) Proof of Publication for the Disposal of Real Property; e) Sale of 2009 John Deere Gator; f) DNR Submittals:

1) Financial Assurance Report 2) Proposed Correction Action Plan for the Regional Collection Center

g) Repurposing of Bonding Resolution from Board of Supervisors; h) Education and Communication Coordinator’s Report for March; i) Iowa Waste Exchange FY16 Q3 Report; j) Industrial Waste Water Discharge Testing Waiver; k) TH Article on Illegal Dump Site Clean-up; and, l) Correspondence from Iowa Department of Transportation - Adopt a Highway.

12. PUBLIC INPUT At this time, anyone may address the Board on matters which are of concern to that person and which are not agenda items. Time limit may be imposed by the Chairman. Please state your name and home address. Make your comments; however, no formal action on your comments may be taken at this time because of the notice requirements of the Iowa Open Meetings Law.

13. SERVICE RECOGNITION

Recognition of the service provided by City of Dubuque Public Works Director Don Vogt to the Agency

14. NEXT MEETING Proposed meeting date of May 18, 2016 at the City of Dubuque’s Municipal Services Center

15. ADJOURN

This notice is given pursuant to Chapter 21 of the Code of Iowa and applicable local regulations of the City of Dubuque, the County of Dubuque, and the Dubuque Metropolitan Area Solid Waste Agency. John A. Foster Solid Waste Agency Administrator ANY VISUALLY-IMPAIRED OR HEARING-IMPAIRED PERSON NEEDING ASSISTANCE TO PARTICIPATE IN THIS MEETING SHOULD CONTACT LINDA LOCHER AT 563-589-4250 OR THROUGH THE TDD NUMBER 563-690-6678 AT LEAST 48 HOURS PRIOR TO THE MEETING.

MINUTES OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY MEETING

March 16, 2016

MEMBERS PRESENT: Ric Jones, David Resnick, Jay Wickham STAFF PRESENT: Don Vogt, John Foster, Doug Hughes, Bev Wagner, Mary Ann

Specht OTHERS PRESENT: Mona Manternach, Joe Rettenmaier, Warren Shuros, Brian

Harthun, Mike Van Milligen, Jenny Larson, Ken Miller, Anderson Sainci, Raki Giannakouros

The meeting was called to order at 4:05 p.m., in the Conference Room at the City of Dubuque Municipal Services Center, 925 Kerper Ct., Dubuque, Iowa. Director Jones called the meeting to order at 4:05 p.m. Vice-Chairperson Resnick had provided notice that he would not arrive until 4:30 p.m. due to jury duty service. Motion made by Mr. Jones, seconded by Mr. Wickham, carried unanimously to approve the minutes from the January 20 and February 15, 2016 meetings. Mr. Foster presented the Waste Minimization Grant Review Committee’s recommendations for grant applications received. Motion made by Mr. Wickham, seconded by Mr. Jones, carried unanimously to approve grant funding in the amounts of $1612.50 for the City of Cascade, $172.50 for the City of Epworth and deny the request from Four Mounds. Mr. Foster discussed his memorandum to update the status of the Landfill Short Term Improvement Project. A preliminary plan for the maintenance building layout was reviewed and heating system options and signage placement were discussed. Staff reports reviewed include; Notice of Appointment by Board of Supervisors for Tom Hancock, DNR submittals including annual Water Quality Report-Fall Sampling Letter, Waste Water Industrial Discharge Permit and Scale License, FY16 Q2 Quarterly Tonnage Fee Report and Title V Annual Emission Inventory, Annual Compliance Certification and Semi-Annual Monitoring Report. Other staff reports included correspondence with Delaware County Solid Waste Commission, Environmental Management System Grant award, Education and Communication Coordinator’s January and February reports, DMASWA.org redesign update, notice of eliminating the spring newspaper insert, TH article on recycling trends and Legislative Initiative update. Motion made by Mr. Jones, seconded by Mr. Wickham, carried unanimously to receive and file the staff reports. Vice-Chairperson Resnick arrived at 4:35 p.m. Mr. Foster provided historical information regarding the Agency appointments of Chairperson and Vice-Chair. Due to Chairperson Hancock’s recent death, an election of Board Chairperson and Vice-Chairperson for the term of April 1, 2016 to January 31, 2017 was held. Motion by Mr. Jones, seconded by Mr. Wickham, carried unanimously, to appoint Mr. Resnick as Chairperson.

Motion made by Mr. Resnick, seconded by Mr. Jones, carried unanimously to appoint Mr. Wickham as Vice-Chairperson. Mr. Vogt reviewed the January and February operating statements and tonnage reports, indicating that the Agency was 66% through the fiscal year at the end of February with expenditures at 56% and revenues at 73%. He indicated tonnage has increased due to the recent securing of the RCRE contract. Mr. Vogt also provided the most recent Agency external Financial audit by edie Bailey Motion made by Mr. Jones, seconded by Mr. Wickham, carried unanimously to receive and file the statements and reports for audit. Mr. Foster presented his memo which outlined several possible FY17 Capital Improvement, Program, Equipment, and amended Operation budget scenarios that had been drafted by Mr. Shuros from Foth, LLC. The approach of the budget analysis was to establish a capital improvement project (CIP) schedule, equipment replacement program, and revenue projections, which will keep the DMASWA solvent for the next 10 years. Staff is recommending postponing the Short Term Phase II Project, the customer drop off area and scale house improvements until FY20. This will provide time to ensure tonnage targets are met and the general fund recovers. Staff is using the tonnage projections from Sensitivity Five for the revenue budget projections. Mr. Foster emphasized that if the tonnage goals are not met by 2019, the Directors will be required to re-evaluate the current financial strategy to meet the Agency’s improvement needs. Motion made by Mr. Wickham, seconded by Mr. Jones, carried unanimously to approve the staff recommendation and approve Resolution No. 2016-30, which rescinds the December 17, 2015 budget resolution, approves the official budget for FY17 and related Capital Improvement and Equipment schedules and authorizes the Agency secretary to forward copies of the FY17 approved budget to the municipalities of Dubuque County. Mr. Foster reviewed the proposal to repurpose the expenditure of bond proceeds, indicating that the Cell 9 Phase II Landfill Expansion Project budget will have approximately $900,000 remaining. Staff recommends repurposing the bond revenue to the Landfill Maintenance Building Project. Motion by Mr. Jones, seconded by Mr. Wickham, carried unanimously to approve Resolution No. 2016–31 concurring with the staff recommendation to repurpose the bond revenue and authorizing staff to solicit the Board of Supervisors for their approval. Mr. Foster notified the Directors of the delivery of the new John Deere utility vehicles and requested authorization to dispose of the surplus 2009 John Deere Gator UTV. He recommends listing the equipment on Govdeals.com for sale. Motion made by Mr. Jones, seconded by Mr. Wickham, carried unanimously to approve Resolution No. 2016-32 to place the equipment for sale on Govdeals.com. Mr. Foster presented information regarding the household hazardous waste Regional Collection Center Update. He sought direction to authorize the state mandated improvements including installing curbing and finishing the curb and flooring with an epoxy floor finish. Motion made by Mr. Jones, seconded by Mr. Wickham, carried unanimously to approve an expenditure of not to exceed $10,000 to proceed with the building improvements to the Regional Collection Center. Mr. Foster reviewed a real estate offer from the City of Dubuque to purchase a parcel of Agency property for a permanent utility easement for the Southwest Arterial Project. He reviewed the offer of $31,995, proposed Purchase Agreement and provided a recent real estate appraisal of the parcel. Motion made by Mr. Jones, seconded by Mr. Wickham, carried unanimous to approve

Resolution 2016-33 accepting the purchase agreement to sell Public Property and set a Public Hearing for the proposed sale of the property at 4:00 p.m. on April 20, 2016 at the Multi Family Cultural Center, 1157 Central Ave., Dubuque, Iowa. The Agency Administrator is ordered to arrange the publication notice for the hearing. No public comments were received. The Directors then affirmed that the next meeting will be held on April 20, 2016, at 4:00 p.m. at the Multi Family Cultural Center, 1157 Central Ave., Dubuque, Iowa. Motion made by Mr. Wickham, seconded by Mr. Resnick, carried unanimously to adjourn at 5:55 p.m. Respectfully submitted by, Mary Ann Specht Agency Secretary


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Future Talk Presentation DATE: April 14, 2016

INTRODUCTION The purpose of this memorandum is to provide information regarding the impact of the Agency’s Waste Minimization Grant Program through a presentation from the Multi-Cultural Family Center Future Talk Program. DISCUSSION Last June you approved a grant for Future Talk participants to work on a significant education project themed around reduce, reuse, and recycle. Future Talk planned, organized and participated in neighborhood cleanups and educational programming. This work included public presentations of which some will be shared with you. Future Talk is a place-based educational program which reached children between 13 and 17 years old. It connects the participants with nature and the community through work, education, and community service. The majority of the participants is from minority and underserved families in the Dubuque area. This program provides youth with the opportunity to do meaningful work for the community, learn about nature through the Leopold Education Project’s curriculum, and empower them by having them address community issues they identify as important and create and share portfolios with the public. During this presentation, Program Director Dana Livingston, MFCC’s Shelli Glover, and some of last summer’s participants will address the Board. REQUESTED ACTION Staff requests the Directors to receive and file.


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Dubuque County Fair Board Request DATE: April 14, 2016

INTRODUCTION The purposes of this memorandum are to provide information and seek direction regarding the attached request from the Dubuque County Fair Board for a discounted tipping fee for solid waste. DISCUSSION Attached is a letter from Dubuque County Fair General Manager Jamie Blum requesting a discounted tipping fee. After receiving this request, staff requested information from Ms. Blum concerning the current rate the Fair Board is being charged, the amount of waste generated last year during the fair, the number of pounds diverted from the landfill, and if there are there any plans or initiatives to reduce the amount of materials directed to the landfill. At the time of this memo staff has not received any answers to these questions. In the past the Fair Board has reserved the Agency’s special event recycling frames and the Agency has accepted waste from the animal barns for composting at no-charge. Last year the recycling frames were not set out because of organizational/planning issues. The Fair Board does not have an account with the Agency so its landfill fee is dictated by its hauler. This topic was indirectly discussed during your January meeting when you discussed discounts for non-profits. You directed staff to develop a policy for providing the contract rate to non-profits when billed directly to that non-profit. The second portion of your decision was to encourage diversion opportunities through grants and technical assistance. This policy has not been adopted at this time. Staff recommends extending the Contract Rate to the Fair Board, assuming this is not the rate already afforded through its hauler, on the condition it report the pounds of materials diverted from the landfill, and to what processing facility, within 60 days of the completion of the fair. REQUESTED ACTION Staff requests authorization to extend the Contract Rate to the Dubuque County Fair Board for the wastes generated during the 2016 Dubuque County Fair.

Attached is the operating statement for the Agency's March activity. Funds in the amount of $814,257.77 were transferred from the DMASWA general account and from bond proceeds to

reimburse the City for the month's net activity.

The following fund balances represent the Agency's Cash and Investments for month endingMarch 31, 2016

Fund Description:Financial Assurance Fund Fund 940 4,443,440.00General Operating & CIP Fund 940 1,629,598.65Unspent Bond Proceeds 1,195,862.09Agency MRF Subsidy Reserve (net of payments to Dittmer) 35,164.00Planning & Waste Minimization Fund 941 89,687.67

$7,393,752.41Composition of Cash and Investments:

Change Fund 1,200.00Interest Bearing Checking Account 1,010,948.09Investments-Certificates of Deposit 6,000,000.00Unspent Bond Proceeds 1,195,862.09Amount due (From)/To DMASWA (814,257.77)

$7,393,752.41

Accounts Receivable balance: $361,647.77

Reserved Funds:Financial Assurance Fund (changes annually) 4/2015 4,443,440.00Minority Interest (changes annually after audit) 6/2015 24,717.00Reserved by State Statute (Planning & Grant Funds) (changes quarterly) 12/2015 89,687.67Unspent Bond Proceeds 1,195,862.09Agency MRF Subsidy Reserve (changes monthly) 35,164.00

$5,788,870.76

Approved Major Improvements/Equipment ( FY16 Budget and FY15 Budget Carryovers):Equipment - Trash compactor rebuild 202,670.00Program - DOPS permit renewal 27,050.00Program - Financial Anaylsis 28,647.00Program - Airspace Study 20,250.00Program - Comp Plan update - EMS 5,000.00Program - Assessment and Land Study 19,926.00Capital Project - Cell 9 Phase II Project 2,357,796.00Capital Project - Cells 4-8 closure 2,334,779.00Operating Budget - I-Phone 892.00

$4,997,010.00Sincerely,

Jean NachtmanFinance Director

cc: Ric JonesDon Vogt

Doug Hughes David ResnickJohn Foster Tom Hancock

F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\[Metro Email FY16.xls]Oper Statement

DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY(A 28E Partnership with the City of Dubuque, Iowa)

Jenny LarsonMary Ann Specht

March-16

F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\Metro Email FY16F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\Oper Statement

Activity: (94054200 thru 94054260 / 94082800) CURRENT YEAR BUDGET BUDGET YTD % vs

OPERATING & CAPITAL REVENUE: (9402268/9402631/9402685) MONTH TO DATE BALANCE PROPOSALBUDGET

PROPOSAL Investment Earnings (43110) 4,126.62 28,021.15 (11,021.15) 17,000.00 165% Interest-Accounts Receivable (43115) 7.71 1,872.39 127.61 2,000.00 94% Lease, Property (43230) 0.00 2,371.74 728.26 3,100.00 77% Land Rental (43242) 0.00 0.00 0.00 0.00 0% FEMA Public Assistance - Storm Damage 0.00 0.00 0.00 0.00 0% Grant-IA DNR (45701) includes 9402268 0.00 9,000.00 (9,000.00) 0.00 0% Grant-IA DNR (45731) 0.00 10,094.32 14,905.68 25,000.00 40% Monthly Rental (51310) 0.00 80.40 (80.40) 0.00 0% Solid Waste Agency Pmt (51660) 0.00 0.00 3,168,307.00 3,168,307.00 0% Recyclable Sales (51665) 0.00 0.00 0.00 0.00 0% Events Revenue (51965) 0.00 19,793.04 (9,793.04) 10,000.00 198% E-Scrap fees (94054240-53605 only) 0.00 0.00 0.00 0.00 0% Miscellaneous (dividends) (53605) 0.00 0.00 0.00 0.00 0% HHMRCC Fees-Small Bus. (51655) 513.75 35,536.70 (15,536.70) 20,000.00 178% HHMRCC Fees-Govt. (51670) 0.00 0.00 4,000.00 4,000.00 0% Fees-Cash (51675) 43,099.50 374,314.88 104,585.12 478,900.00 78% Fees-Charges (51680) 274,579.40 2,452,265.85 631,973.15 3,084,239.00 80% Compost Fees (51685) 302.01 24,274.04 (22,274.04) 2,000.00 1214% MRF Revenue (51687) 0.00 1,101.72 10,198.28 11,300.00 10% E-Scrap Recycling Fees (51643) 1,990.00 15,150.00 4,850.00 20,000.00 76% Gas Sales (51644) 0.00 5,074.95 (5,074.95) 0.00 0% Insurance Claims (53610) 0.00 12,000.00 (12,000.00) 0.00 0% Iowa Fuel Tax Refund (53204) 0.00 0.00 0.00 0.00 0% Sales Tax refunds (53201) 0.00 0.00 0.00 0.00 0% Sales Tax Collections (53630 + 53635) 666.92 5,188.00 (5,188.00) 0.00 0% Reimburse General (53620) 0.00 1,580.07 (1,480.07) 100.00 1580% Fixed Asset Sales (54108) 0.00 0.00 0.00 0.00 0% Salvage Sales (54109) Equipment Sales (54106) 243.65 2,782.56 4,717.44 7,500.00 37% Private Partifcipant (53102) 0.00 0.00 0.00 0.00 0% GO Bond proceeds (54210) 0.00 0.00 0.00 0.00 0% Bond Discount/Premium (54220) 0.00 0.00 0.00 0.00 0%Planning & Waste Minimization transfer (59941) & (59940) 70,440.29 156,985.06 (156,985.06) 0.00 0%

Total (Fund 940 ) 395,969.85 3,157,486.87 3,706,124.41 6,853,446.00

March-16

DUBUQUE AREA METROPOLITAN SOLID WASTE AGENCYOPERATING STATEMENT

F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\Metro Email FY16F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\Oper Statement

Activity: (94054200 thru 94054260 ) CURRENT YEAR BUDGET BUDGET YTD % vs

OPERATING EXPENDITURES MONTH TO DATE BALANCE PROPOSALBUDGET

PROPOSALEmployee Expense (61XXX Ser) 100,226.31 792,608.83 302,527.17 1,095,136.00 72%Supplies & Services (62XXX Ser) (71116)(71214)(72418)(73410)(71520) 176,623.35 1,332,386.25 619,074.55 1,951,460.80 68%Administrative Overhead (63311) 0.00 0.00 68,752.00 68,752.00 0%Payroll Overhead (63314) 0.00 0.00 0.00 0.00 0%Interest payments (74112) 0.00 0.00 0.00 0.00 0%Equipment

Pager Equipment (72410) 0.00 0.00 0.00 0.00 0% Shop Equipment (71410) (71550) 0.00 2,360.19 (360.19) 2,000.00 118% Heavy Equipment (71320)(71318) Mowing Equipment (71611) 0.00 0.00 0.00 0.00 0% Trailers / Trucks (71328) (71314) 0.00 0.00 17,400.00 17,400.00 0% Website Update 0.00 0.00 15,000.00 15,000.00 0%

New Furnace & Air Conditioner (71520) 0.00 0.00 10,000.00 10,000.00 0% Computers (71118) (71124) (71120) (71125) 0.00 30,952.58 40,941.42 71,894.00 43% Compressors (71512) HVAC system (71520) 0.00 4,575.00 (4,575.00) 0.00 0% Printer (71122) Storage Cabinets (71215) 0.00 90.93 (90.93) 0.00 0% Camera Equipment (72417) Chair (71211) Tables (71213) 0.00 2,141.00 (2,141.00) 0.00 0% Misc Equipment -Trash Tarp(71550, 71612,71619) 0.00 1,550.00 1,450.00 3,000.00 52% Software (71123) 0.00 1,121.90 5,878.10 7,000.00 16% Recycling Container (72818) 0.00 0.00 0.00 0.00 0%

Total Operating Expenditures 276,849.66 2,167,786.68 1,073,856.12 3,241,642.80

Activity: 94082800 / 9402268 / 9402631 / 9402640 / 9402685 CURRENT YEAR BUDGET BUDGET YTD % vs

CAPITAL EXPENDITURES: MONTH TO DATE BALANCE PROPOSALBUDGET

PROPOSALProperty Tax 0.00 84.00 (84.00) 0.00 0%Outside Collector Expense 0.00 0.00 0.00 0.00 0%Financial Consultant - GO Bonds 0.00 0.00 0.00 0.00 0%

CIP Cells 4 - 8 closure (Earth Tech/Aecom) 1,403.00 40,874.18 (33,390.56) 7,483.62 546%E Trash Compactor Rebuild 0.00 0.00 202,670.00 202,670.00 0%P Waste Minimization Grants - Planning (DNR Fund)(62765) (73211) 0.00 21,727.39 66,272.61 88,000.00 25%P Planning Reserve Expenditures (62731) (62712) 0.00 0.00 45,000.00 45,000.00 0%P Master-Site Plan 22,788.02 57,178.68 120,341.32 177,520.00 32%P Airspace/Dirt Use/Compaction Study 0.00 0.00 28,250.00 28,250.00 0%P Strategic Planning 1,561.40 14,099.18 (4,099.18) 10,000.00 141%P Financial and Operations Analysis 0.00 0.00 38,647.00 38,647.00 0%

3480 JD Gator (Used) GPS 0.00 37,105.73 (16,092.73) 21,013.00 177%P Safety Training 0.00 0.00 0.00 0.00 0%P DOPS for Permit Renewal 0.00 0.00 27,050.00 27,050.00 0%

CIP Landfill Gas Development (Cornerstone) (Unison) 0.00 7,264.86 (7,264.86) 0.00 0%CIP Cell 9 construction projects 1,583.55 2,728,831.43 1,792,648.21 4,521,479.64 60%

Hook Truck (Roll off boxes) 0.00 0.00 168,100.00 168,100.00 0%P Comp Plan Update - EMS 0.00 0.00 13,000.00 13,000.00 0%

Renovate Garage / Maintenance shop 0.00 0.00 893,031.00 893,031.00 0% Transfer To General Fund-Admin Chg (91100) 352,307.00 352,307.00 0.00 352,307.00 100%Planning & Waste Minimization transfer (91941) & (91940) 42,373.90 122,361.41 (122,361.41) 0.00 0%Total Capital Expenditures 422,016.87 3,381,833.86 3,211,717.40 6,593,551.26NET INCOME (LOSS) (302,896.68) (2,392,133.67) (579,449.11) (2,981,748.06)

Beginning Balance Additions Subtractions

EndingBalance

Fund 940 7,606,961.42 395,969.85 698,866.53 7,304,064.74Fund 941 117,754.06 42,373.90 70,440.29 89,687.67

7,724,715.48 438,343.75 769,306.82 7,393,752.41Note: E = Agency Equipment Budget P = Agency Program Budget CIP = Agency CIP Budget

Bank Amount Issued Maturity Interest Rate

AT&S 1,000,000 09/04/15 04/11/16 0.521%DB&T 800,000 10/06/15 05/13/16 0.520%AT&S 600,000 11/09/15 05/09/16 0.675%FB&T 900,000 12/03/15 06/02/16 0.525%FB&T 900,000 01/14/16 07/14/16 0.625%FB&T 800,000 02/02/16 08/02/16 0.705%FB&T 1,000,000 03/15/16 09/13/16 0.625%

$6,000,000

Certifiicates of Deposit bids are solicited from : American Trust & Savings BankDubuque Bank & TrustDupaco Credit UnionFidelity Bank & TrustPremier BankUS Bank

Dubuque Metropolitan Area Solid Waste Agency (DMASWA)Certificates of Deposit

March 31, 2016

Hauler Tonnage Report

FY 2015Republic (formerly

BFI)

DBQ Refuse

Collection

Other DBQ

tonnage Bi-County Roling DittmerKluesner

** FahertyRichland Center

Other Haulers*** TOTAL

July 2,094.35 994.22 383.42 1,187.47 223.80 2,685.37 292.03 863.80 0.00 1,670.83 10,395.29August 1,944.68 927.62 229.93 1,177.84 220.09 1,887.22 232.49 419.46 0.00 1,207.56 8,246.89September 2,110.98 908.38 354.50 1,189.59 209.87 2,112.32 286.59 105.22 0.00 1,581.26 8,858.71October 2,083.62 931.94 77.77 1,170.78 212.73 2,038.02 277.71 195.61 0.00 1,492.69 8,480.87November 1,719.52 800.12 34.76 895.37 170.48 1,721.33 207.84 248.57 0.00 1,091.08 6,889.07December 1,912.22 958.99 209.25 908.84 201.36 1,894.16 221.33 0.00 0.00 1,006.80 7,312.95January 1,586.95 824.54 14.26 580.92 145.07 1,486.23 198.66 0.00 0.00 614.30 5,450.93February 1,513.20 702.32 9.14 705.03 154.02 1,558.52 166.54 60.74 0.00 551.38 5,420.89March 1,761.78 869.76 234.17 891.45 203.27 2,012.49 199.01 0.00 0.00 1,300.92 7,472.85April 1,848.04 904.58 202.51 1,136.52 214.38 2,095.31 283.64 98.14 0.00 1,394.35 8,177.47May 1,848.75 889.73 152.30 1,165.08 235.79 2,180.63 262.44 589.86 0.00 1,326.77 8,651.35June 1,816.82 977.37 157.80 1,206.60 229.82 2,402.32 300.19 346.23 0.00 1,442.05 8,879.20TOTALS 22,240.91 10,689.57 2,059.81 12,215.49 2,420.68 24,073.92 2,928.47 2,927.63 0.00 14,679.99 94,236.47

July-March FY15 16,727.30 7,917.89 1,547.20 8,707.29 1,740.69 17,395.66 2,082.20 1,893.40 0.00 10,516.82 68,528.45Trend (Tons) (544.25) 270.03 26.42 80.54 111.37 1,599.16 258.10 8,999.06 778.71 1,695.25 13,274.39Trend (%) -3.25% 3.41% 1.71% 0.92% 6.40% 9.19% 12.40% 475.29% #DIV/0! 16.12% 19.37%

FY 2016Republic (formerly

BFI)

DBQ Refuse

Collection

Other DBQ

tonnage Bi-County Roling DittmerKluesner

** FahertyRichland Center

Other Haulers*** TOTAL

July 1,874.66 1,007.87 161.95 1,164.23 234.92 2,520.44 264.09 868.76 0.00 1,503.60 9,600.52August 1,796.50 926.91 132.38 1,133.63 206.12 2,256.64 264.03 68.12 0.00 1,329.99 8,114.32September 1,908.80 943.02 124.76 976.63 225.57 2,203.86 350.89 42.43 0.00 1,780.24 8,556.20October 1,901.90 882.05 157.12 1,003.42 204.11 2,170.30 260.63 239.40 0.00 1,594.35 8,413.28November 1,818.33 899.46 140.65 979.66 203.07 1,964.65 219.64 2,043.59 0.00 1,147.40 9,416.45December 1,838.71 981.42 175.28 1,100.85 233.88 2,071.41 203.75 2,232.63 0.00 966.85 9,804.78January 1,559.03 828.64 12.18 723.92 171.56 1,773.25 241.48 1,649.96 0.00 1,171.84 8,131.86February 1,575.15 791.23 451.89 717.19 170.88 1,811.81 249.93 1,654.34 324.57 1,372.72 9,119.71March 1,909.97 927.32 217.41 988.30 201.95 2,222.46 285.86 2,093.23 454.14 1,345.08 10,645.72April 0.00May 0.00June 0.00TOTALS 16,183.05 8,187.92 1,573.62 8,787.83 1,852.06 18,994.82 2,340.30 10,892.46 778.71 12,212.07 81,802.84

*Hauler tonnages include recycled shingles**Houlihan Puchased by Kluesner***Cascade, T and T and Lansing removed from individual reporting. They are now included in the "Other Haulers" Last Updated 4/11/2016

Recycled/Beneficial Use Materials

FY 2015 AppliancesE-Waste

w/ChargeYard

WasteDBQ Yard

WasteCompost

Sold Glass Rubble Tires SandPetro

Cont. SoilMetal

RecyclingHHM/

CESQG*HHM Swap

Items* ShinglesJuly 139 225 187.43 30.13 0.00 33.95 76.94 21.89 61.65 0.00 4.47 7977 1377 154.85August 128 228 66.94 13.57 0.00 37.03 55.15 0.00 49.42 75.83 4.50 7989 996 175.69September 109 224 81.97 29.89 0.00 73.77 41.87 13.76 63.91 0.00 4.97 15912 4632 211.33October 101 233 79.77 247.23 0.00 28.14 47.32 3.69 65.82 40.02 1.80 13059 274 190.57November 109 185 84.93 125.42 0.00 44.11 177.39 26.28 59.63 39.79 4.42 4399 0 46.62December 93 212 11.98 37.78 0.00 48.20 16.15 6.50 42.08 630.14 0.03 899 0 9.55January 97 116 4.69 10.16 0.00 86.08 0.00 11.24 61.78 145.95 1.93 29 0 5.75February 33 67 4.59 11.10 0.00 27.84 497.57 0.00 53.19 357.14 0.00 332 0 1.36March 87 157 17.33 14.60 0.00 90.01 8.11 11.78 55.09 336.91 2.13 3038 51 53.91April 131 287 83.26 17.12 0.00 136.77 146.92 9.78 51.23 0.76 1.74 14000 2666 131.92May 129 251 56.18 0.00 0.00 69.34 154.05 4.69 55.33 28.57 9.18 16178 2475 122.10June 126 215 100.62 1.27 0.00 148.79 362.99 8.53 62.68 0.00 4.79 7026 1862 90.58TOTALS 1,282 2,400 779.69 538.27 0.00 824.03 1584.46 118.14 681.81 1655.11 39.96 90838 14333 1194.23

July-March FY15 896 1,647 540 520 0 469 921 95 513 1,626 24 53,634 7,330 850Trend 154 128 (146.41) (319.87) 0.00 607.29 33.97 (14.55) (48.68) (91.32) 8.31 (2801) (3903) (279.85)Trend (%) 17.19% 7.77% -27.13% -61.53% #DIV/0! 129.45% 3.69% -15.29% -9.50% -5.62% 34.27% -5.22% -53.25% -32.94%

FY 2016 AppliancesE-Waste

w/ChargeYard

WasteDBQ Yard

WasteCompost

Sold Glass Rubble Tires SandPetro

Cont. SoilMetal

RecyclingHHM/

CESQG*HHM Swap

Items* ShinglesJuly 126 253 109.71 0.00 0.00 46.99 264.07 2.88 72.10 136.23 8.47 7999 1163 107.10August 141 203 104.45 0.00 0.00 1.08 60.37 0.00 38.61 7.01 6.59 8452 1313 118.70September 109 149 37.68 0.00 0.00 170.30 31.29 26.97 49.45 0.00 2.60 13455 558 126.21October 172 240 46.34 91.96 0.00 162.48 138.30 7.44 58.33 332.69 3.80 16218 393 82.93November 109 190 49.82 107.37 0.00 127.99 5.27 13.69 48.12 570.32 0.00 4430 0 46.55December 106 181 16.04 0.00 0.00 169.05 21.47 14.25 33.97 3.75 2.30 274 0 29.26January 72 100 2.21 0.00 0.00 145.89 319.44 9.01 51.76 291.88 2.61 0 0 0.00February 87 200 5.33 0.00 0.00 124.22 17.10 6.35 49.24 144.12 1.76 0 0 5.80March 128 259 21.64 0.68 0.00 128.42 97.16 0.00 62.31 48.46 4.43 5 0 53.23AprilMayJuneTOTALS 1,050 1,775 393.22 200.01 0.00 1076.42 954.47 80.59 463.89 1534.46 32.56 50833 3427 569.78

*Pounds Processed**E-Waste Merged into one catagory***Dirt removed Last Updated 4/11/2016

Exceptional Waste/County Tonnage

FY 2015 C+DSpecial Waste Asbestos

WR&RC Sludge

Diatomaceous Dirt

Dubuque County, IA

Delaware County. IA Illinois Wisconsin

Jackson County

Clayton County

July 651.06 89.07 40.09 151.06 45.33 8,259.47 964.74 109.79 1,045.33 0.00 0.00August 534.71 54.52 18.75 123.98 69.54 6,652.93 988.14 136.91 578.99 0.00 0.00September 601.95 23.89 42.49 230.44 69.11 7,334.01 1,042.57 136.29 273.59 0.00 0.00October 511.82 25.63 20.48 0.00 58.23 6,771.47 1,141.46 183.41 400.52 0.38 0.00November 488.98 59.64 14.45 0.00 31.97 5,606.73 818.96 127.29 395.63 0.10 0.00December 512.95 10.41 6.90 0.00 59.01 6,366.80 758.74 173.07 161.80 0.30 0.00January 138.54 20.59 71.06 0.00 5.88 4,636.41 659.23 98.47 124.87 0.23 0.00February 162.45 23.78 7.08 0.00 29.89 4,546.33 598.25 110.13 172.59 0.20 0.00March 330.78 41.09 30.03 0.00 6.88 6,162.37 879.57 315.94 138.80 0.22 0.00April 482.88 56.71 19.02 0.00 11.67 6,737.24 989.34 142.12 242.74 2.15 0.00May 493.81 38.27 8.92 0.00 38.13 6,636.70 1,044.37 152.28 778.53 0.48 0.00June 622.18 36.75 22.63 0.00 68.33 7,244.81 1,076.05 133.88 504.37 0.75 0.00TOTALS 5532.11 480.35 301.90 505.48 493.97 76955.27 10961.42 1819.58 4817.76 4.81 0.00

July-March FY15 3933.24 348.62 251.33 505.48 375.84 56336.52 7851.66 1391.30 3292.12 1.43 0.00Trend 565.62 57.81 296.88 (505.48) (1.44) 1840.99 583.68 (499.18) 10295.03 0.98 138.53Trend (%) 14.38% 16.58% 118.12% -100.00% -0.38% 3.27% 7.43% -35.88% 312.72% 68.53% #DIV/0!

FY 2016 C+DSpecial Waste Asbestos

WR&RC Sludge

Diatomaceous Dirt

Dubuque County, IA

Delaware County. IA Illinois Wisconsin

Jackson County

Clayton County

July 557.42 58.60 25.79 0.00 34.61 7,250.42 1,029.31 119.78 1,059.71 0.35 33.85August 395.13 41.45 35.05 0.00 50.73 6,532.16 1,030.25 117.88 234.16 0.23 80.94September 654.50 56.50 16.61 0.00 39.42 6,955.44 1,076.29 163.08 234.68 0.50 0.00October 670.99 55.64 14.88 0.00 37.09 6,699.17 1,073.25 105.62 451.75 0.35 0.21November 420.35 22.99 44.56 0.00 49.02 6,198.61 861.44 68.24 2,241.49 0.12 0.00December 333.21 46.80 20.57 0.00 47.70 6,263.05 982.35 65.67 2,458.40 0.08 5.97January 509.06 39.02 13.55 0.00 20.06 5,468.11 703.15 78.90 1,875.56 0.50 5.64February 596.15 13.53 336.62 0.00 43.62 6,023.67 720.34 74.89 2,294.76 0.13 0.12March 362.05 71.90 40.58 0.00 52.15 6,786.88 958.96 98.06 2,736.64 0.15 11.80AprilMayJuneTOTALS 4498.86 406.43 548.21 0.00 374.40 58177.51 8435.34 892.12 13587.15 2.41 138.53

*County totals do not include shingles Last Updated 4/11/2016


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Disposal of Real Property to the City of Dubuque DATE: April 1, 2016

INTRODUCTION The purposes of this memorandum are to provide information and request direction regarding the sale of DMASWA real estate to the City of Dubuque. DISCUSSION On March 11th, the DMASWA received an offer of $31,995.00 from the City of Dubuque to purchase 3.08 acres of DMASWA property and acquire .95 acre for a permanent utility easement. This offer price is based on the provided appraisal. This price is based on a $9,000 per acre valuation of the land. The State and the City require this property for the South West Arterial road project. A portion of the land will be used for the on ramp for the west bound Highway 20 traffic, buffer ground, and access for utilities. At your last meeting, you approved the purchase agreement and set a public hearing for the sale. To complete the sale, you are requested hold the public hearing, approve the attached resolution authorizing the Chairperson to endorse the attached Warranty Deed with Exhibit A - Acquisition Plat description and Grant of Permanent Easement with Exhibit A - Easement description, and authorize the Agency Administrator to take any further action necessary to finalize this transaction. All of these documents have been prepared and reviewed by City of Dubuque City Attorney Barry Lindahl. REQUESTED ACTION Staff requests:

1) You hold a public hearing to discuss this disposal of real property; and, 2) Your approve the attached resolution authorizing the Chairperson to endorse the attached

Warranty Deed and Grant of Permanent Easement and authorize the Agency Administrator to take any further action necessary to finalize this transaction.

Attachments

F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\Resolution_DisposingInterest_DMASWAToCity_SWArterialProject_031716.doc

RESOLUTION NO. 2016 - ______

DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED AND GRANT OF EASEMENT TO THE CITY OF DUBUQUE, IOWA

WHEREAS, the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) owns the following real property:

Lot 1 of Lot 2 of Lot 1 of the N ½ NE ¼ Section 3, Township 88 North, Range 2 East of the 5th P.M.

; and WHEREAS, DMASWA and the City of Dubuque, Iowa (City) have entered into an Agreement pursuant to which DMASWA will convey the property shown on the attached Acquisition Plat and Permanent Utility Easement to City; and WHEREAS, on April 20, 2016, the DMASWA Board of Directors pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interests and overruled all objections thereto; and WHEREAS, the DMASWA Board of Directors finds that it is in the best interest of DMASWA to approve the disposition of the foregoing interests. NOW, THEREFORE, BE IT RESOLVED BY THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY: Section 1. The Chairperson is hereby authorized and directed to execute the Warranty Deed and Grant of Permanent Utility Easement attached hereto. Section 2. The Agency Administrator is authorized to take such further action as is necessary to finalize the foregoing transaction. Passed, approved and adopted this 20th day of April, 2016. __________________________ David T. Resnick,

Chairperson Attest: _____________________________ Mary Ann Specht, Secretary

Parcel 101 032416

Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001

WARRANTY DEED

For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, Dubuque Metropolitan Area Solid Waste Agency does hereby convey to the City of Dubuque, Iowa, that part of the following described real estate in Dubuque County, Iowa:


as show on Exhibit A attached hereto. The Grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated.

Dated this 20th of April, 2016 at Dubuque, Iowa.

Dubuque Metropolitan Area Solid Waste Agency

By:

David, T. Resnick, Chairperson

2

STATE OF IOWA )

) SS COUNTY OF DUBUQUE ) On this ____ day of _______________, 2016, before me a Notary Public in and for said County and said State, personally appeared __________________, to me personally known, who, being by me duly sworn, did say that he is the Chairperson of the Board of Directors of Dubuque Metropolitan Area Solid Waste Agency; that said instrument was signed on behalf of Dubuque Metropolitan Area Solid Waste Agency by authority of its board of directors; and that the execution of said instrument is the voluntary act and deed of said agency. Notary Public, State of Iowa

3

EXHIBIT A

4

5

1

Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001

GRANT OF PERMANENT UTILITY EASEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Metropolitan Area Solid Waste Agency of Dubuque County, State of Iowa, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, from the date hereof, a permanent utility easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit:


as shown on Exhibit A, Permanent Utility Easement, attached hereto and by reference made a part hereof. Said permanent utility easement shall be as shown on the attached Exhibit A for the purpose of constructing, repairing, and maintaining utilities and other related appurtenances. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the City shall restore any disturbed area due to any construction. To have and to hold unto the said City of Dubuque, Iowa, forever and the undersigned does hereby expressly covenant that Dubuque Metropolitan Area Solid Waste Agency is the owner in fee of said real estate and has good right to execute this grant of easement, and that the City, its agents or contractors, shall at all times have free access to and egress from and over said real estate for any utilities located or to be located thereon or therein. Dated this 20th day of April, 2016 at Dubuque, Iowa.

DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY

By: __________________________ David T. Resnick, Chairperson

2

NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this ________ day of ___________, A.D., 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared __________________, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that he executed the same as Chairperson as his voluntary act and deed on behalf of Dubuque Metropolitan Area Solid Waste Agency.

______________________________ Notary Public In and For Said State

F:\USERS\tsteckle\Lindahl\BEE BRANCH\DMASWA Grant of Easement_031716.doc

3

EXHIBIT A

4

5


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Memo of Understanding with Waste Authority of Jackson County DATE: April 12, 2016

INTRODUCTION The purposes of this memorandum are to provide information and solicit your approval of the attached Memorandum of Understanding between the Waste Authority of Jackson County (Waste Authority) and the DMASWA. The attached resolution and memorandum are for providing emergency waste management services. DISCUSSION To address the needs of Jackson county through providing assistance to a it during an emergency situation, staff proposes the attached Memorandum of Understanding for your consideration. This memo was drafted by Waste Authority Director Mark Beck and staff and provides notice that the DMASWA is willing to accept waste from Jackson county during an emergency situation, so long as there is available airspace. This may include any instances when Jackson County’s transfer station is closed, the volume of wastes generated would overwhelm its transfer station, such as a natural disaster, or, Jackson County’s contracted receiving landfill would be unable to receive the Waste Authority’s waste. The Memorandum outlines the notification process, how the materials can be delivered, compensation for disposal services, and the termination of the Memorandum. Once an emergency situation is identified the Waste Authority will notify the DMASWA and it will provide a list of its haulers with the understanding that its customers are in good credit standing with the Authority. These haulers will be afforded the DMASWA’s contract rate plus $5.00 per ton for all wastes delivered from the Jackson county service area. The $5.00 will be remitted back to the Waste Authority to compensate it for its lost revenue stream during this emergency situation. The terms of this memorandum are good for 90 days after execution. If there is a need for a longer arrangement, you have the ability to extend the length of the Memorandum – or offer the Waste Authority or its haulers DMASWA Waste Delivery Agreements. This Memorandum of Understanding will be considered by the Waste Authority of Jackson County at its April 18th meeting. Mr. Beck does not anticipate any issues. Staff recommends your approval of this Memorandum.


REQUESTED ACTION Staff requests your approval of the attached Memorandum of Understanding between the Waste Authority of Jackson County (Waste Authority) and the DMASWA for Providing Emergency Waste Management Services by the attached resolution.

RESOLUTION NO. 2016 - ____

APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN

THE WASTE AUTHORITY OF JACKSON COUNTY AND THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY

FOR PROVIDING EMERGENCY WASTE MANAGEMENT SERVICES

WHEREAS, Agency is charged with providing integrated solid waste management services for Dubuque and Delaware counties; and,

WHEREAS, Waste Authority of Jackson County (Authority), an inter-governmental organization created under Iowa Code 28E, is charged with providing integrated solid waste management services for its service area of Jackson county, Iowa and as such operates and manages a permitted transfer station that contracts disposal of solid waste it collects to a landfill in Illinois; and, WHEREAS, Authority desires the ability to direct solid waste generated in the Authority’s service area to the Agency during emergency situations; and,

WHEREAS, Agency has the staffing, equipment, airspace availability, and desire to provide solid waste management services to Authority; and,

WHEREAS, the Authority and Agency desire to enter into this Memo of

Understanding providing for the designation of solid waste services by the terms and conditions set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY: That the attached Memorandum of Understanding is hereby entered into with Waste Authority of Jackson County and the Chairperson is hereby directed to execute the Memorandum on behalf of the Dubuque Metropolitan Area Solid Waste Agency. Passed, adopted and approved this 20th day of April, 2016. __________________________ David T. Resnick, Chairperson Attest: _____________________________ Mary Ann Specht, Secretary

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE WASTE AUTHORITY OF JACKSON COUNTY AND

THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY

FOR PROVIDING EMERGENCY WASTE MANAGEMENT SERVICES

WHEREAS, Dubuque Metropolitan Area Solid Waste Agency (Agency), an inter-

governmental organization created under Iowa Code 28E, is charged with providing integrated solid waste management services for Dubuque and Delaware counties and as such operates and manages an environmentally-sound and regulatory compliant landfill; and,

WHEREAS, Waste Authority of Jackson County (Authority), an inter-governmental organization created under Iowa Code 28E, is charged with providing integrated solid waste management services for its service area of Jackson county, Iowa and as such operates and manages a permitted transfer station that contracts disposal of solid waste it collects to a landfill in Illinois; and, WHEREAS, Authority desires the ability to direct solid waste generated in the Authority’s service area to the Agency during emergency situations; and,

WHEREAS, Agency has the staffing, equipment, airspace availability, and desire to provide solid waste management services to Authority; and,

WHEREAS, the Authority and Agency desire to enter into this Memo of Understanding

providing for the designation of solid waste services by the terms and conditions set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY AND THE WASTE AUTHORITY OF JACKSON COUNTY: Section 1. Emergency Situations. Emergency Situation shall constitute an event which creates an environment where the Authority is unable to fulfill its solid waste management duties. This may include but is not limited situations where the Authority’s Transfer Station is unable to accept or process solid waste, or the volume of solid waste generated during a period of time will overwhelm the Authority’s transfer station creating an environmental and/or health and safety issue, or in the event the receiving landfill is unable to fill its contractual obligations for any reason. Section 2. Notification Process. During an Emergency Situation when the Waste Authority requires assistance from the Agency, the Waste Authority’s Director shall contact the Agency Administrator to make the request. The Director will inform the Administrator of the situation, provide an estimate of the duration of the event, potential quantities and type of materials to be received, and frequency of the truck traffic to be directed to the Agency. The Administrator, with the assistance of the Facility Supervisor, will evaluate the operational impacts of accepting the identified materials, especially with respects to landfill airspace availability. If it is determined receiving this material is not detrimental to the Agency’s operations, due to potential time restraints, the Agency Administrator is authorized to accept materials from the Waste Authority and/or its designated haulers. The Agency Administrator is required to notify the Board of Directors within 24 hours of the request and provide a report to the Directors at their next Board Meeting.

Section 3. Delivery of Materials. Materials are required to be delivered during published business hours and all loads must be covered. In the event the Authority requires the Agency to expand its hours of operation, the Agency may offer a per hour fee plus tonnage fee for this service. The Authority’s Director shall provide a list of Designated Haulers, with credit qualified customers identified, whom will be delivering materials under this Memorandum to the Agency Administrator, provide notice to the designated haulers of the redirection of materials to the Agency Landfill, and submit the required notice to Iowa Department of Natural Resources (DNR) for the redirection of the waste to the DMASWA planning area. A copy of this Memorandum will be filed by both parties with the DNR. Section 4. Compensation. The Agency will provide access to Authority’s Designated Haulers at a rate equal to the established Contract Rate plus five dollars per ton and, if applicable, sales tax. The Agency is responsible for paying all taxes and fees collected. The Agency will remit five dollars per ton to the Authority during the period of this Memo is executed. Deliveries by the Authority through its transfer station will be charged at the established Transfer Station Rate. All other materials will be charged at the posted fee. The Authority and/or its Designated Haulers are responsible for requesting a charge account and maintaining said account per the Agency’s Credit Policy. For those Designated Haulers with established credit with the Authority an account will be set up immediately. All other transactions will be considered as cash (cash, business check, debit card, or credit card). Any tonnage delivered under these circumstances may count towards the tonnage requirements to be offered a Waste Delivery Agreement in the future, if so desired. Section 5. Termination. Within 90 days of the execution of this Memorandum, the Authority will notify the Agency of its status to accept and manage solid waste in its transfer station or at the receiving landfill. At that time, a report shall be provided to the DMASWA Directors to update them on the situation and seek their guidance for the continued acceptance of materials as part of this Memorandum or establish a Waste Delivery Agreement(s) with the Authority and/or it’s Designated Haulers. This Memorandum of Understanding is hereby entered into between the Waste Authority of Jackson County and the Dubuque Metropolitan Area Solid Waste Agency. Passed, adopted and approved this 20th day of April, 2016. DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY

WASTE AUTHORITY OF JACKSON COUNTY

By __________________________ David T. Resnick, Chairperson

By __________________________ Chairperson

Attest: By __________________________ Mary Ann Specht, Secretary

Attest: By __________________________ Attest


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Wheel Loader Replacement DATE: April 12, 2016

INTRODUCTION The purposes of this memorandum are to provide information and solicit your authorization to purchase a new 2016 John Deere 624KXT wheel loader (end loader) from Martin Equipment Company using the Iowa Department of Transportation (DOT) State Bid. DISCUSSION The Fiscal Year 2017 Capital Improvement Budget provides funds ($204,609.00) to purchase one 624 wheel loader (end loader) equipped with a 3.25 cubic yard multi-purpose clam bucket. This machine will replace the Agency’s 2004 544J unit number 3452. The Iowa DOT receives bids for equipment annually and allows other agencies to purchase from its “State Bid List”. The list purchase price of a new John Deere 624K wheel loader with factory equipment to meet our specifications is $285,195. Listed below is a breakdown of our total unit cost after the state bid discount, dealer set up, and delivery to the facility. Discounted Price $ 197,500 Less trade (#3235 1996 JD624G) $ (24,500)

Unit Cost $ 173,000 The total net unit cost to the Agency is $173,000, which is $31,609 below the approved budgeted amount. REQUESTED ACTION Staff requests your authorization to purchase a 2016 John Deere 624 wheel loader in the amount of $173,000 after trade in of the Agency’s 2004 John Deere 544J.


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Request to Remove Trees DATE: April 15, 2016

INTRODUCTION The purposes of this memorandum are to provide information and solicit your approval to hire American Tree Service in the amount of $8,500 to remove two trees on the former John Cate homestead. DISCUSSION The tenant of the Cate homestead, Bill Waters, has notified Facility Supervisor Doug Hughes of his concern over an old dying tree between the two homes on the farm. Mr. Hughes was instructed to contact an arborist for his/her opinion of the tree and a quote for its removal, if needed. Mr. Hughes contacted four licensed and fully-insured services, but only one responded. American Tree Service inspected the tree and concurred with Mr. Watters’ recommendation that the tree be removed for safety reasons. After inspecting other trees in the immediate area, American Tree Service identified two others it recommended be removed. Only one of those additional trees would be considered a safety hazard and be difficult to remove - due to a nearby building and power lines. The other can be removed by staff. The quote for the entire job is attached for your reference. Staff has diligently sought additional quotes, but no other tree service has shown interest in this project. With our receipt of notice from our tenant regarding the potential safety risk, and the associated liability now incumbent, staff is recommending awarding this project to American Tree Service for the removal of the two noted trees for an amount not to exceed $8,500. REQUESTED ACTION Staff requests the Directors to approve staff’s recommendation to hire American Tree Service to remove two trees on the former John Cate homestead in an amount not to exceed $8,500.


TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: John Foster, Solid Waste Agency Administrator SUBJECT: Request for Bids – Servicing of the Recyclables Drop-off Stations DATE: April 15, 2016

INTRODUCTION The purpose of this memorandum is to solicit your approval of the attached request for bids (RFB) for servicing nine (9) of the DMASWA’s recycling drop-off stations in Dubuque county. DISCUSSION The attached RFB provides for a contractor to haul full recycling drop-off containers from the sites to a recyclables processing facility and either return the emptied containers to the sites or replace them with empty containers. The service period would be from July 1, 2016 through June 30, 2018. ACTION STEP Staff recommends that the attached request for proposals be approved by the Directors and its mailing authorized.

1

April 15, 2016 Dear Prospective Vendor; Enclosed with this letter you will find a request for bids (RFB) to provide hauling and recyclables management services for the Dubuque Metropolitan Area Solid Waste Agency drop-off recycling stations in Dubuque county. Please review all of the enclosed materials carefully.

SUBMISSION DEADLINE One (1) hard copy of the proposal(s) must be received no later than 3:00 p.m., May 11, 2016. The proposals shall be submitted to:

DMASWA RFB – Drop-Off Mary Ann Specht, DMASWA Secretary Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Questions concerning this RFB may be addressed to John Foster via e-mail [email protected] until 12:00 P.M. May 10, 2016. Thank you for your interest. Sincerely, John A. Foster Solid Waste Agency Administrator Dubuque Metropolitan Area Solid Waste Agency CC: Mary Ann Specht, DMASWA Secretary Enclosure

mailto:[email protected]

3

DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY

REQUEST FOR PROPOSALS FOR

SERVICING DMASWA RECYCLING DROP-OFF STATIONS IN

DUBUQUE COUNTY

Bid Submittal Deadline: 3:00 PM – May 11, 2016

4

N O T I C E O F C A L L F O R B I D S

Sealed bid proposals will be received in the office of Mary Ann Specht, Dubuque County

Administrative Assistant and DMASWA Secretary, Dubuque County Courthouse, 720

Central Avenue, Dubuque, Iowa 52001 until:

3:00 PM – Wednesday, May 11, 2016

For transporting recyclables from the DMASWA recycling drop-off stations in Dubuque

county to a processing facility. The sealed bid proposals will be opened by staff at that time.

Any questions or concerns regarding the following specifications are to be conveyed to John

Foster, Solid Waste Agency Administrator, 925 Kerper Court, Dubuque, Iowa 52001 prior to

the bid due date. Also, any communication for an Agency Board member is to be submitted

in writing to Agency Secretary Mary Ann Specht (address above) for transmittal to all

members of the Dubuque Metropolitan Area Solid Waste Agency’s Board of Directors.

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REQUEST FOR PROPOSALS

FOR SERVICING DMASWA RECYCLING DROP-OFF

STATIONS IN DUBUQUE COUNTY I. Introduction The Dubuque Metropolitan Area Solid Waste Agency (DMASWA) is soliciting bid proposals from qualified firms to service nine (9) Agency recyclables drop-off stations in Dubuque county. The goal of the drop-off stations is to provide service access to residents of Dubuque county who do not have access to a curbside collection program. DMASWA is an inter-governmental agency organized under Iowa Code Chapter 28E and overseen by a three (3) member Board of Directors. Membership consists of the City and County of Dubuque, Iowa. DMASWA’s responsibility is to manage solid waste generated within its service area, which includes the municipalities and the rural population within Dubuque county. To meet this responsibility, DMASWA operates a municipal solid waste landfill, household hazardous materials collection center, yard debris composting facility, and nine (9) recycling drop-off stations. DMASWA is self-supported solely through user fees and grants. II. Project Description The Agency has financially supported ten (10) recycling drop-off facilities in Dubuque county. Nine (9) of these facilities may be serviced by a contractor(s) through this bid proposal solicitation. The contractor(s) will haul recyclables from the recycling drop-off locations to a recyclable materials processing facility. The contractor(s) will replace the full recyclables drop-off containers at each location with empty units. The Agency will provide the drop-off containers, while the contractor(s) will provide the truck and operator performing the task. The Agency’s nine facilities are located at: 1) DMASWA Landfill: 14501 U.S. Highway 20 West in Dubuque; 2) Cascade Public Works: 200 Buchanan Street in Cascade; 3) The Heritage Trail: parking lot in Durango; 4) St. Catherine: 7750 U.S. HWY 52 South north of Saint Catherine; 5) Epworth Library: 110 Bierman Road in Epworth; 6) Farley Public Works: 208 ½ 1st Street NW in Farley; 7) Key West: 10356 Key West Drive just south of Dubuque; 8) Flexsteel: 3300 Jackson Street in Dubuque; and, 9) Theisens: 836 13th Ave SE, Dyersville The tentative RFB schedule is as follows:

April 20, 2016 RFB for Services is released May 10, 2016 12:00 PM questions due to DMASWA May 11, 2016 3:00 PM RFB responses due to County Courthouse May 15, 2016 Bids evaluated and a recommendation prepared May 18, 2016 Contract award by Board of Directors

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III. Scope of Work Service Requirements The Contractor(s) is to provide the following:

1. The contractor(s) shall service the recycling drop-off containers, owned by the Agency at the locations noted above. Transportation services will be provided by the contractor on an as-needed basis or on an agreed upon schedule. The contractor shall respond to a recycling container pickup request within one business day.

2. A comparable replacement recycling container owned by the Agency shall be used by the contractor as a replacement for the full recycling container being collected. Replacement containers are stored at the DMASWA facility.

3. A phone number shall be provided by the contractor for accepting calls, with recording equipment and/or an answering service to receive calls during non-business hours.

4. The cost for transporting the containers shall be charged on a single pull (pickup/return service) basis. The bid proposal price of the pull shall include/cover the contractor’s costs, including fuel, insurance, vehicle depreciation, etc.

5. The transporter shall provide delivery of the recyclables to a processing facility. Any loads deemed as unacceptable shall be documented and reported to the contract contact.

Technical and Regulatory Requirements 1. The contractor shall comply with all Iowa Department of Transportation regulations

relative to the transportation of recyclable materials and roll-off containers. 2. The contractor shall comply with any and all legal and technical requirements

regarding the services being provided. Insurance Requirements The contractor must obtain and maintain in force at all times during the term of the service agreement the insurance specified in Schedule A of the attached contract. Certificates of Insurance must be provided to the Agency by the contractor for itself and any subcontractors the contractor may utilize. Reporting and Record Keeping Requirements The contractor must submit monthly reports to the DMASWA including the following:

1. Identify the number of pulls per month by location and the processing facility(s) receiving the recyclable materials;

2. A copy of each certified scale ticket identifying the pickup location, weight of the load, and the date of delivery.

The contractor shall also submit an annual report noting the number of collections per location, the dates of those collections, and the total weight of the recyclables collected from each location during the preceding fiscal year (July 1st – June 30th). IV. Bid Submission Requirements Responses to this request for proposals must be received by mail or in person before 3:00 P.M., May 11, 2016 at the office of Mary Ann Specht, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, 52001.

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Proposals will be opened by staff at that time. No proposal may be withdrawn for a period of sixty (60) days following the opening of the sealed proposals. Bids must contain all of the following items in order to be considered:

1. Complete cost proposal (Attachment 1), including the proposer’s official name, address, phone and fax numbers, as well as the email address of the company and its general manager.

2. Proof of insurance as outlined in Schedule A. 3. Comments on the draft collection agreement (attached). A draft Recycling Drop-Off

Facility Service Agreement is provided as part of this RFP. This draft agreement must be returned as part of the bidder’s proposal, with all written comments, exceptions, and proposed alternative language by the bidder clearly indicated on the document. Do not provide comments via a separate document – comments are to be made directly on the draft agreement provided. Where exceptions are noted, alternate language acceptable to the proposer must be provided. The lack of written comments from the bidder on any part of the agreement will mean that the language drafted by the Agency is acceptable to the proposer and will not be subject to negotiation. In reviewing and evaluating the proposals, the DMASWA will consider the proposer’s exceptions to the language set forth in the draft agreement, as well as any additional language recommended by the proposer. If all of the Agency’s draft language is acceptable, the proposer must note same in writing on the document. Failure by the proposer to provide any written comment or acknowledgment of acceptance of the language of the draft agreement will be considered nonresponsive to the RFP and his/her bid proposal will not be accepted.

V. Term of Agreement The term of the contract will be for two years from July 1, 2016 through June 30, 2018. VI. Selection Process Questions regarding this RFB are to be directed to:

John Foster Agency Administrator

925 Kerper Court Dubuque, Iowa 52001

(563) 589-4250 [email protected]

The DMASWA will evaluate the bids and reserves the right to reject any and all proposals or to waive any irregularities in any proposal if judged to be in the best interest of the Agency. The Agency reserves the right to reject any and all submittals; waive formalities, technical requirements and/or deficiencies; or to solicit for new or additional proposals if deemed to be in its best interests. In addition, DMASWA reserves the right to further negotiate with one or more contractors of its choice, if such negotiations better serve its interests.

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ATTACHMENT 1

PROPOSED COSTS The undersigned proposes to provide the scope of work, as described in section III, for the following per service pull:

DMASWA Landfill Drop-Off: $____________________ Cascade Drop-Off: $____________________ Durango Drop-Off: $____________________ Saint Catherine Drop-Off: $____________________ Epworth Drop-Off: $____________________ Farley Drop-Off: $____________________ Key West Drop-Off: $____________________ Flexsteel (Jackson Street) Drop-Off: $____________________ Dyersville (Theisens) Drop-Off: $____________________

Tipping Fee or Credit: $____________________ Proposed drop off location: _________________________________________ Company Name: ___________________________________ Contact Person: ___________________________________ Address: ___________________________________ ___________________________________ Authorized Representative’s Signature: ___________________________________ Printed Name: ___________________________________ Title: ___________________________________ Telephone: ___________________________________ E-mail: ___________________________________ Date: __________________________________

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DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY RECYCLING DROP-OFF FACILITY SERVICE AGREEMENT

THIS AGREEMENT, dated for reference purposes the _______ day of _____________, 2016, is made and entered into by and between the Dubuque Metropolitan Area Solid Waste Agency ( Agency), and ____________________________________________ ( Contractor). WHEREAS, the Agency desires a contract with a service provider for transporting and delivery of recyclable materials to a processing facility; and WHEREAS, the Contractor is willing to provide such services on the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties agree as follows: SECTION 1. AGREEMENT. The Agreement contains the entire agreement of the parties and no amendment or modification of the Agreement shall be valid or effective unless in writing and signed by the parties thereto. In the event of a conflict between the provisions of this Agreement and the other documents comprising the Agreement, the provisions of this Agreement shall control. SECTION 2. RETENTION. DMASWA retains Contractor to provide the services hereinafter set forth and Contractor agrees to perform such services for the fees, in accordance with all other terms and conditions, hereinafter set forth. SECTION 3. TERM. The Term of this Agreement is July 1, 2016 to midnight on June 30, 2018. The Term may be renewed upon ninety (90) days’ notice by DMASWA to Contractor prior to the expiration of the Term for an additional two (2) year term.

SECTION 4. GENERAL DUTIES OF THE CONTRACTOR. Contractor shall provide the services described below in the manner consistent with that level exercised by members of the trade or profession currently practicing under similar conditions. The Contractor shall supply all labor, materials and equipment necessary to fulfill the terms of this agreement, except as otherwise expressly provided elsewhere in this agreement. The Contractor agrees to compensate all persons doing work or furnishing skill, tools, machinery, materials, insurance premiums, equipment, or supplies, and settle all just claims for such work, material, equipment, insurance, and supplies in and about the performance of this agreement. 4.1 Hauling Services. The Contractor shall service the Agency’s recycling drop-offs at the locations noted on Attachment 1. The Contractor will provide a pull service, which includes the pickup and delivery of the material to a processing facility, and return of an empty container, to the identified locations. This service can be on an agreed-upon schedule or on a as-needed basis. If on an as-needed basis, the Contractor shall respond to a pull request within one business day. The Contractor shall provide a telephone number for accepting service request calls and recording equipment and/or an answering service to receive calls during non-business hours.

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4.2 Delivery of Recyclable Materials. The Contractor is responsible for the delivery of the materials collected to a recyclables processing facility(s). The Contractor will document and notify the DMASWA in the event of the rejection of any load due to contamination. The Contractor will notify the DMASWA of any illegal dumping occurring at the drop-off locations. The Drop-off Site Host or DMASWA will collect the illegally dumped materials. 4.3 Regulatory Requirements. The Contractor shall at all times comply with all other federal, state, and local laws and regulations which may pertain to the duties to be performed under this agreement. The Agency shall have the right to inspect and copy all records required to be maintained by the Contractor under this agreement, and, to inspect the facilities and equipment used by the Contractor to perform its obligations hereunder. SECTION 5. COMPENSATION. The cost for service shall be charged by the Contractor on a per pull basis along with any tipping fees or credits per ton as outlined in Attachment 1. SECTION 6. INSURANCE REQUIREMENTS & INDEMNIFICATION. 6.1 Contractor and all subcontractors in providing services pursuant to the terms of this Agreement shall obtain and maintain at their sole expense the insurance described in attached Schedule A, Attachment 2. Certificates of Insurance shall be provided to DMASWA by Contractor for itself and maintain copies for any subcontractors the Contractor utilizes. The terms of this provision shall apply to Contractor and all subcontractors used by Contractor throughout the term of this Agreement.

6.2 DMASWA and its respective officials, employees, and agents shall be named as additional insureds in such policies. Coverage may not be terminated or changed by Contractor except upon thirty (30) days written notice to DMASWA. The policy shall provide insurance to fully cover all operating exposures and any other liabilities related to operating and maintaining any collection, transfer and disposal services. The policy shall not contain any exclusions that will restrict coverage on any operations performed by Contractor or any subcontractors, and shall be in a standard form policy provided for by a carrier approved by the State of Iowa. DMASWA's approval of the minimum insurance coverage provided for herein is not intended to and shall not in any way relieve, decrease or limit the liability of Contractor. It is expressly understood that DMASWA does not in any way represent that the above-specified minimum insurance limits are sufficient or adequate to protect the interest or potential liabilities of Contractor. 6.3 Contractor shall assume all responsibility for obtaining any casualty or liability insurance not required to be obtained under the terms of this Agreement but which Contractor, in its sole discretion, deems necessary to protect its own interests. 6.4 Contractor agrees to and shall hold DMASWA, its officers and employees harmless, and shall indemnify and defend DMASWA from all liability for any claim that may arise by reason of injuries to any employees of the Contractor or its agents who may be injured while performing work or labor in connection with the Contractor's provision of services pursuant to this Agreement. Such agreement to indemnify, defend and hold harmless shall extend to DMASWA and respective officials, employees and agents. 6.5 Contractor shall hold harmless, indemnify and defend DMASWA, its individual member municipalities and all of their respective officials, departments, employees and agents from and against any and all damages, costs, claims, liens, fines, suits and the costs and expenses of such (including, without limitation, attorney’s fees, consultant’s fees, defense and settlement costs) that may arise by reason of or out of any action or inaction by Contractor or its agents,

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employees or subcontractors, including, without limitation, claims under CERCLA or any other environmental law. 6.6 To the extent allowed by law, DMASWA shall hold harmless and indemnify Contractor from and against any and all damages, costs, claims, liens, fines, suits and the costs and expenses of such (including, without limitation, attorney’s fees, consultant’s fees, defense and settlement costs) that may arise by reason of or out of the negligent action or inaction by DMASWA or its employees. SECTION 7. GOVERNING LAW. This Agreement is governed in all respects by the laws of the State of Iowa, and all obligations are enforceable in accordance therewith. SECTION 8. NOTICE. Contractor shall designate in writing one individual as a primary contact for all matters relating to this Agreement and shall update such designation as necessary. Except as otherwise herein provided, all notices required or permitted to be served by either party or the other shall be in writing and shall be deemed given when hand delivered or when mailed by certified mail to the principal office of the party to which notice is given, as follows:

If to Contractor: ____________________

____________________

____________________

____________________

____________________

If to DMASWA: John Foster

Solid Waste Agency Administrator

925 Kerper Court

Dubuque, IA 52001

(563) 589-4250

[email protected]

SECTION 9. NONDISCRIMINATION. Contractor agrees that during the term of this Agreement, Contractor will not discriminate against any person because of race, color, creed, national origin, ancestry, sex, sexual orientation, gender identity, disability, religion, age , or marital status and will include a similar provision in all subcontracts entered into in connection with the performance of Contractor’s obligations hereunder.

SECTION 10. ASSIGNMENT. Contractor binds itself jointly and severally, its successors, executors, administrators and assigns to Agency in respect to all covenants of this Agreement, except that Contractor shall not assign or transfer any part of its interest in this Agreement or sublet as a whole nor shall Contractor assign any monies due, or to become due, without the Agency’s written consent.

mailto:[email protected]

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SECTION 11. TERMINATION. This Agreement may be terminated under the following conditions:

1) Automatically as of midnight, June 30, 2018; 2) The Agency shall have the right to terminate this Agreement in the event of fraud,

misrepresentation, or breach of any material term of this Agreement by the Contractor, or in the event that the Contractor becomes insolvent, is dissolved, or is named as a party in a proceeding under any bankruptcy or insolvency law.

3) Either party shall have the right to terminate this Agreement at any time for cause. Cause is defined as any breach by the other party of any material provision of this Agreement, including the warranties and representations or the insolvency of Contractor. The terminating party shall exercise its right to terminate by written notice to the other party of its intent to terminate the Agreement. Such notice shall set forth the reason or reasons for such termination. The party receiving the notice shall have thirty (30) days following the receipt of such notification to remedy the cause for termination set forth in such notice and if such party shall fail within said thirty (30) days, to remedy such cause, this Agreement shall terminate.

4) This Agreement may be terminated by DMASWA upon thirty (30) days after written notice is sent to the Contractor.

DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY By: Chairperson

CONTRACTOR: By: Name: Title:

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ATTACHMENT 2

INSURANCE SCHEDULE A

Dubuque Metropolitan Area Solid Waste Agency Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way

Permit Holders

Page 1 of 3 DMASWA Schedule A Property Or Vendors February 2016

Insurance Schedule A

1. __________________shall furnish a signed Certificate of Insurance (COI) to the Dubuque Metropolitan Area Solid Waste Agency for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property and Right of Way Permit Holders 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. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project #________or Lease of premises at _________or construction of _________. ____________ or right of way permitted location and description _____________________________________________.

2. All policies of insurance required 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.

5. 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 ISO 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.

8. Whenever an ISO form is referenced the current edition of the form must be used. If provider’s limits of liability are higher than the required minimum limits then the provider’s limits shall be this agreement’s required limits.


Permit Holders


Insurance Schedule A (continued)

Exhibit I

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. The general liability

coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. 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 an endorsement that deletes any fellow employee exclusion. f) 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. Use ISO form CG 20 10 (Ongoing operations) or its equivalent.

g) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage.

B) WORKERS’ COMPENSATION & EMPLOYERS LIABILITY

Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended.

Coverage A Statutory—State of Iowa Coverage B Employers Liability

Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000

Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.

C) Pollution Liability Coverage required: _____yes ______no Pollution Liability coverage shall be required if lessee has any pollution exposures including abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCB’s. Pollution product and complete operations coverage shall also be covered.

$2,000,000 each occurrence

$4,000,000 policy aggregate

a) Policy to include premises and transportation coverage. b) Include additional insured as stated in Ae above. c) Include preservation of governmental immunity as stated in Ad above.


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 Dubuque Metropolitan Area Solid Waste Agency as an Additional Insured does not waive any of the defenses of governmental immunity available to the Dubuque Metropolitan Area Solid Waste Agency 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 Dubuque Metropolitan Area Solid Waste Agency 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 Dubuque Metropolitan Area Solid Waste Agency 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 Dubuque Metropolitan Area Solid Waste Agency .

No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.

SPECIMEN

Memorandum To: DMASWA Board and Staff From: Bev Wagner Date: April 1, 2016 Re: March, 2016 work report February 29 – March 4

• Annual Services interviews • Facebook posts • Website updates/research/review • EMS Advisory Council Meeting (Phone In) • Weekly staff meeting • Planning with Student worker

March 7 - 11

• Facebook posts • Lorian Article with student worker • Loras Sustainability Committee meeting • Compiled mailing list for area roofing contractors • Weekly staff meeting • Grant Review committee meeting • Zero Waste Webinar • EMS Core Team meeting • Resurrection GVE Energy Patch review meeting • Landfill photos for website • School contacts and planning • STEM Festival Planning meeting • Julien’s Journal Ad planning • Website updates

March 14 - 18

• EPA Air Quality Grant follow up • Ceiling Tile Recycling Webinar • Website updates • Facebook posts • Weekly staff meeting • Agency Board Meeting • Volunteer cleanup supply planning • Preparation of EMS survey for Quarterly Landfill staff meeting • Media contacts

March 21 - 25

• Shingle Recycling Mailing list • Landfill tour planning • EMS phone meeting • Weekly staff meeting • Facebook posts • Website updates • TH Media planning meeting • Waste Management research of latest practices • March 25 - Holiday

March 28 – April 1

• March 28 – Holiday • Landfill tours – Loras College Environmental Ethics classes (24 students) • April staff calendar

• TH Advertising plan • Work with student worker • Quarterly staff meeting, Catfish Charlies • Volunteer cleanup supply prep • Riverside Drive cleanup planning • Prep for Xavier classes and tours

Landfill Tours: 2 (24 people)

DMASWA Service Area IWE Activity FY2016

Quarter 3Month In-house On-site Listings Wood Paper Organic Hazardous Other Total Tons Diverted

Oct 2 7 0 0.45 0.45Nov 8 3 4 1.55 1.55Dec 11 6 1 0Total 21 16 5 0 0 0 0 2 2

Area 3 91 60 15 249 106 355

There were 10 new businesses assisted in the 3rd quarter of FY2016. The tonnage that was diverted from the DMASWA Service Area were items that were being cleaned out of a church storage facility and building materials salvaged from a building demo.

Specific Material Diverted (in tons)

Dubuque County spends $100,000 per year to clean-up illegal dump sites By Katie Wiedemann, (KCRG TV9) |

Posted: Thu 5:25 PM, Apr 07, 2016 |

Updated: Fri 6:15 AM, Apr 08, 2016

DUBUQUE COUNTY, Iowa (KCRG TV9) -- The Dubuque County Conservation Department says it's having a major problem with people illegally dumping garbage, appliances, tires, mattresses, and other junk in some areas. It's costing taxpayers more than $100,000 per year.

In 2014, Dubuque County spent more than $127,000 to clean-up illegal dump sites.

On Thursday, Dubuque County employees and volunteers were out working to clean up an illegal dump site along the Mississippi River behind John Deere, on Riverside Road.

Volunteer Gary Thompson has been helping clean up litter and illegal dump sites for years.

"You name it. Whatever people want to throw out, we'll find a lot of TVs and a lot of tires," said Thompson.

On the Riverside Road dump site, crews found small trash, big trash, bedding and electronics. Volunteers also found the remnants of what officers say appears to be a meth lab.

Besides the eyesore this creates, county officials say illegal dump sites create serious environmental concerns.

"The landfills are designed for this refuse. When it breaks down, there are heavy metals and contaminants stay in the cells that are at the landfill. When they threw stuff out here, it goes right into the soil and into our water,” said Kurt Kramer, Dubuque County Conservation Illegal Dumping Enforcement Officer.

The county is asking for everyone's help identifying the people who throw their junk in dump sites.

"If you see a truck going out somewhere with a load of tires or garbage, jot down a license plate number," said Kramer.

On Wednesday, Iowa Governor Terry Branstad signed a bill into law that ups the penalty for illegally dumping.

mailto:?subject=Dubuque County spends $100,000 per year to clean-up illegal dump sites&body=http://www.kcrg.com/content/news/Dubuque-County-Spends-100-000-per-year-to-Clean-Up-Illegal-Dump-Sites-374965641.html

Instead of a maximum fine of $1000 for each violation, offenders will have to pay $1000 for the first time they do it.

The second time, they'll have to pay $2000 and the third time, $3000. The rule applies to garbage heavier than 10 pounds or larger than 15 cubic feet.