notice of regular meeting agency board of directors ... · 1/15/2020 · dave baker john...
TRANSCRIPT
925 Kerper Court Dubuque, IA 52001-2405 Phone: 563-589-4250 www.dmaswa.org
NOTICE OF REGULAR MEETING
AGENCY BOARD OF DIRECTORS
4:30 PM, January 15, 2020
Conference Room – Municipal Services Center 925 Kerper Court, 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/REVISED AGENDA
1. MINUTES
Approval of the December 18, 2019 regular meeting minutes.
2. OPERATIONS STATEMENT & SOLID WASTE TONNAGE REPORT REVIEW
Review the December 2019 operating statements and review the December 2019 tonnages received.
3. PRIVATE WELLS DISCUSSION
Follow-up discussion related to private wells.
4. STRATEGIC PLANNING SESSION
Discussion and recommendation regarding Strategic Planning date
5. METHANE GAS FLARE RELOCATION
Discussion and recommendation regarding the relocation of the Methane Gas Flare Resolution Authorizing the Chairperson to endorse the Agreement with Foth Infrastructure and Environmental, LLC.
6. WASTE MINIMIZATION GRANT APPROVAL
Discussion and recommendation regarding the Waste Minimization Grant Applications received during the second FY2020 filing period Resolution Authorizing the Solid Waste Agency Administrator to award grant funding to Loras College and Mt. St. Francis
7. CORRESPONDENCE
a) EMS Grant Award
8. STAFF REPORTS:
a) Waste Minimization Grant Status Report b) Education and Communication Coordinator’s Monthly Report
925 Kerper Court Dubuque, IA 52001-2405 Phone: 563-589-4250 www.dmaswa.org
9. 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.
10. NEXT MEETING
Proposed regular meeting date of 4:30 P.M. February 19, 2020 at the City of Dubuque’s Municipal Services Center
11. 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.
Kenneth Miller 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
December 18, 2019
MEMBERS PRESENT: Ric Jones, David Resnick, Dave Baker
STAFF PRESENT: John Klostermann, Ken Miller, Bev Wagner
OTHERS PRESENT: Mike VanMilligen, Will Nicholson, Megan Seymour, George Kirn, Cindy Kubitz,
Jack Brehn, Rose Mueller, Chuck Isenhart, Rob Trilk, Carissa Trilk, Don Jecklin,
Jr., Sally Heacock
Chairperson Jones called the meeting of the Dubuque County Metropolitan Solid Waste Agency to order
on Wednesday, December 18, 2019 at 4:30 p.m. at the Municipal Services Center, 925 Kerper Court,
Dubuque, Iowa.
Mr. Jones read the DMASWA Mission Statement
Motion by Mr. Resnick seconded by Mr. Baker, carried unanimously, to approve the minutes of the
November 20, 2019 regular meeting.
Mr. Miller gave a report to the Agency Board on the Operations Statement for November 2019. He said
revenue is at 58.6% of the 2020 budget and expenses are at 30.3%. The Certificate of Deposit at DuTrac
in the amount of $500,000 has matured and is in the process of being renewed.
Mr. Miller also reported on the Tonnage Report. Tonnage is at 17.18% for the fiscal year and the landfill
has received approximately 71,000 ton from all haulers. Under the Recycled/Beneficial Use Materials,
Rural Recycling information has been added to show what has been collected throughout the county.
Exceptional Waste from other counties is trending up except for Delaware County.
Motion by Mr. Baker, seconded by Mr. Resnick, carried unanimously, to approve the Operating
Statement and Tonnage Report.
Mr. Miller requested approval of Progress Payment #5 in the amount of $12,457.50 minus the 5%
retainage fee in the amount of $622.68 to Connolly Construction for the Cell 9 Phase 4 landfill expansion
project. This payment is for sedimentation pond clean out. Payments to date, including this request,
represents 73.66% of the project. Motion by Mr. Resnick, seconded by Mr. Baker, carried unanimously,
to approve Resolution 2020-23 authorizing Progress Payment #5 to Connolly Construction in the amount
of $11,834.63.
Mr. Miller requested the Board’s approval of a resolution sending the Waste Delivery Agreement to
qualified haulers and authorize the Agency Administrator to execute said contracts. The last contracts
originally expired on June 30, 2018 and was unilaterally extended twice through June 30, 2020. Changes
to the new proposed contract were limited to updating the term effective data, changing the extension
period to five (5) additional years and, allowing for a board approved municipal solid waste tonnage fee.
The proposed contract is for five (5) years with one five-year extension. Motion by Mr. Baker, seconded
by Mr. Resnick, carried unanimously, to approve Resolution 2020-24 authorizing the Agency
Administrator to execute the Waste Delivery Contracts to qualified haulers on behalf of the Dubuque
Metropolitan Solid Waste Agency.
A public meeting was held relating to the Groundwater Corrective Action Plan & Corrective Action
Monitoring Plan and was conducted by Megan Seymour of HDR, Inc. The Dubuque Metropolitan Area
Solid Waste Agency performs semi-annual water quality testing at groundwater wells at the landfill.
Recent monitoring events demonstrated a detection of nickel and cobalt. DMASWA has developed an
Assessment of Corrective Measures Plan to address the elevated levels of nickel and cobalt. In 2020, the
DMASWA is planning on making improvements to the liquids removal system that pumps
groundwater/leachate from the unlined landfill Cells 1 and 2 and disposes it through a sanitary sewer
connection. The area surrounding the elevated levels of Nickel and Cobalt will continue to be closely
monitored to ensure positive effects of these actions. Motion by Mr. Resnick, seconded by Mr. Baker,
carried unanimously, to receive and file the Groundwater Corrective Action Plan, Corrective Action
Monitoring Plan and, request additional staff input at our next meeting to help with the next steps of
this plan.
Mr. Miller presented for discussion the fiscal year 2021 Operating Budget, FY2021-2023 Capital
Improvement Program, Equipment Replacement Schedule and, the fiscal year 2021 proposed fee
schedule. Mr. Miller said the FY2021 revenue budget projection is $6,175,580. Staff is recommending a
2.5 increase in contract fees, including Transfer Station and Contract rebate fees as allowed per the
Agreements. The proposed FY21 fees would be as follows:
Landfill Gate Rate $45.00
Contract Rebate Fee $36.03
Transfer Station Rebate Fee $28.98
Other fee changes include RCC Business fees and tire recycling fees.
The projected FY2021 operating expenditures are $4,149,034 which is 10.1% over the FY2019 actual
budget but a slight decrease from the FY2020 adopted budget.
The proposed FY2021 budget for Programs, Equipment, and Capital Improvement Budget are as follows:
Programs $ 186,573
Equipment $ 388,301
Capital Improvement $1,093,637
In addition, proposed capital projects for FY2022 is $200,000 and FY2023 is $275,000.
Motion by Mr. Resnick, seconded by Mr. Baker, carried unanimously, to adopt Resolution 2020-25
approving the proposed budget, as presented.
Motion by Mr. Resnick, seconded by Baker, carried unanimously, to approve Resolution 2020-26
adopting the following FY2021 tipping fees as follows:
Solid waste tipping fee $45.00 per ton
Special waste tipping fee $90.00 per ton
Solid waste contract rebate fee: $36.03 per ton
Solid waste transfer station rebate fee $28.98 per ton
Contaminated/impacted soil fee $67.50 per ton
Beneficial use fee $15.00 per ton
Auto shredder residue fee $25.00 per ton
Yard debris fee $30.00 per ton
Tire recycling fee $275.00 per ton
Minimum solid waste fee $15.00 each
Minimum solid waste fee (car) $15.00 each
Appliance recycling fee $10.00 each
Electronic screens fee $15.00 each
Passenger tire fee $ 5.00 each
A letter from the Iowa DNR regarding the revised permit for the Dubuque Metropolitan Area Sanitary
Landfill was presented to the Board for review.
The following staff reports were submitted: Waste Minimization Grant Status Report, Education and
Communication Coordinator’s Monthly Report.
Public comments were received from State Representative Chuck Isenhart.
The next meeting of the DMASWA is scheduled for Wednesday, January 15, 2020 at 4:30 p.m.
Meeting was adjourned.
Respectfully submitted,
Mona Manternach
Agency Secretary
. FY'20
Attached is the operating statement for the Agency's December activity. Funds in the amount of
($2,688,437.76) were transferred from the DMASWA to the 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 ending
December 31, 2019
Fund Description:
Financial Assurance Fund Fund 940 4,790,910.00
General Operating & CIP Fund 940 7,471,676.84
Unspent 2014 Bond Proceeds 0.00
Unspent 2016 Bond Proceeds 340,957.88
Local Retainage Fund Fund 941 149,165.12
$12,752,709.84
Composition of Cash and Investments:
Change Fund 1,200.00
DB&T Metro Interest Bearing Checking Account 2,137,375.99
Collins CCU Money Market/Share Account 1,484,738.21
Investments-Certificates of Deposit 6,100,000.00
Unspent 2014 Bond Proceeds 0.00
Unspent 2016 Bond Proceeds 340,957.88
Amount due (From)/To DMASWA 2,688,437.76
$12,752,709.84
Accounts Receivable balance: $426,548.78
Reserved Funds:
Financial Assurance Fund (changes annually) 06/2019 4,790,910.00
Minority Interest (changes annually after audit) 06/2018 661,286.00
Unspent 2014 Bond Proceeds 0.00
Unspent 2016 Bond Proceeds 340,957.88
Operating Fund Reserve 09/2018 511,594.00
Capital Reserve 1,212,973.00
Equipment Reserve 234,310.00
Local Retainage - EMS Implementation (quarterly) 06/2019 60,092.96
Local Retainage - Environmental Protection (quarterly) 06/2019 89,072.16
$7,901,196.00
Approved Major Improvements/Equipment ( FY19 Budget and FY18 Budget Carryovers):
PROGRAM and PLANNING
Programming Planning Expenditures 50,500$
Consulting Engineers 60,500$
Ops and Financial Analysis 16,000$
Waste Minimization Grants 133,184$
Airspace Survey/Dirt Use/Compaction Study 16,405$
EQUIPMENT
Trash Compactor 925,000$
CAPITAL IMPROVEMENT PROJECTS
EMS/Comp Plan 16,000$
Computer Replacement 40,992$
Long Term Facilities 200,000$
$1,458,581.00
Sincerely,
Jennifer Larson
Director of Finance and Budget
cc: Mona Manternach Ric Jones
Dave Baker John Klostermann
Doug Hughes David Resnick
Tracey Martin Jennifer Larson
Ken Miller
F:\Users\Kmiller\Agency Board\Draft Documents\FY2020\2020-01-15\02 - Financial Ops & Tonnage Report\[Metro Email FY20.xls]Summary Page
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
(A 28E Partnership with the City of Dubuque, Iowa)
December-19
Activity: (94054200 thru 94054260 / 94082800) CURRENT YEAR BUDGET BUDGET
OPERATING & CAPITAL REVENUE: (9402268/9402631/9402685) MONTH TO DATE BALANCE PROPOSAL
Investment Earnings 23,594.01 130,627.56 (50,627.56) 80,000.00
Interest-Accounts Receivable 121.17 929.69 1,471.31 2,401.00
Lease, Property 0.00 1,654.78 1,689.22 3,344.00
Land Rental (43242) 0.00 0.00 0.00 0.00
Grant-IA DNR 2,726.29 47,810.30 14,756.70 62,567.00
Monthly Rental (51310) 0.00 0.00 0.00 0.00
Recyclable Sales (51665) 0.00 0.00 0.00 0.00
Events Revenue (51965) 0.00 0.00 15,000.00 15,000.00
E-Scrap fees (94054240-53605 only) 0.00 0.00 0.00 0.00
Miscellaneous (dividends) (53605) 0.00 340.80 (340.80) 0.00
HHMRCC Fees-Small Bus. 0.00 36,616.68 (15,241.68) 21,375.00
HHMRCC Fees-Govt. (51670) 0.00 0.00 0.00 0.00
Fees-Cash 44,532.70 361,270.85 (361,270.85) 0.00
Fees-Charges 440,376.90 3,032,284.43 (3,032,284.43) 0.00
Fees-Gate Rate (51682) 0.00 0.00 688,050.00 688,050.00
Fees-Contract Rate (51683) 0.00 0.00 3,776,200.00 3,776,200.00
Fees-Transfer Rate (51684) 0.00 0.00 768,661.00 768,661.00
Compost Fees 0.00 36,709.20 39,070.80 75,780.00
MRF Revenue (51687) 0.00 0.00 0.00 0.00
E-Scrap Recycling Fees 0.00 30,750.50 17,761.50 48,512.00
Gas Sales 0.00 0.00 6,000.00 6,000.00
Insurance Claims or Damage Claims 0.00 0.00 0.00 0.00
Iowa Fuel Tax Refund (53204) 0.00 0.00 0.00 0.00
Sales Tax refunds 0.00 0.00 0.00 0.00
Sales Tax Collections 4,571.25 34,320.62 (23,370.62) 10,950.00
Reimburse General 0.00 1,151.32 (1,151.32) 0.00
Fixed Asset Sales (54108) 0.00 0.00 0.00 0.00
Salvage & Equipment Sales 210.72 2,587.54 4,435.46 7,023.00
Land Sales 0.00 0.00 0.00 0.00
Private Partifcipant 0.00 0.00 0.00 0.00
GO Bond proceeds (54210) 0.00 0.00 0.00 0.00
Bond Discount/Premium (54220) 0.00 0.00 0.00 0.00
Local Retainage - Environmental Protection 30,703.78 43,779.31 (43,779.31) 0.00
Local Retainage - EMS Implementation 48,754.82 98,826.97 (98,826.97) 0.00
Total (Fund 940 ) 595,591.64 3,859,660.55 1,753,669.48 5,565,863.00
Activity: (94054200 thru 94054260 ) CURRENT YEAR BUDGET BUDGET
OPERATING EXPENDITURES MONTH TO DATE BALANCE PROPOSAL
Employee Expense 72,800.22 534,655.38 586,452.45 1,121,107.83
Supplies & Services 175,682.29 1,005,156.48 986,974.16 1,992,130.64
City of Dubuque Administrative Overhead 0.00 0.00 387,593.00 387,593.00
Administrative Overhead 0.00 0.00 71,313.00 71,313.00
Principal Payments 0.00 0.00 410,000.00 410,000.00
Interest payments 125,779.38 125,779.38 124,879.62 250,659.00
Equipment
Pager Equipment 0.00 0.00 0.00 0.00
Shop Equipment 686.40 686.40 1,313.60 2,000.00
New Furnace & Air Conditioner 0.00 0.00 0.00 0.00
Computers 0.00 0.00 0.00 0.00
Compressors, HVAC system 0.00 0.00 0.00 0.00
Printer, Storage Cabinets 0.00 342.39 (342.39) 0.00
Camera Equip, Chair, Tables, PA Sys 0.00 211.00 9,789.00 10,000.00
Misc Equipment 0.00 0.00 12,000.00 12,000.00
Software 0.00 0.00 0.00 0.00
Total Operating Expenditures 374,948.29 1,666,831.03 2,589,972.44 4,256,803.47
Activity: 94082800 / 9402268 / 9402631 / 9402640 / 9402685 / 9402702
/ 9402820 CURRENT YEAR BUDGET BUDGET
CAPITAL EXPENDITURES: MONTH TO DATE BALANCE PROPOSAL
Programming Planning Expenditures 0.00 10,744.71 19,255.29 30,000.00
Consulting Engineers 0.00 101,490.36 (80,753.24) 20,737.12
Ops and Financial Analysis 0.00 10,573.75 (928.55) 9,645.20
Waste Minimization Grants 4,561.74 41,659.34 58,340.94 100,000.28
Airspace Survey/Dirt Use/Compaction Study 0.00 0.00 8,404.99 8,404.99
Computer Replacement 0.00 6,367.89 8,300.00 14,667.89
Swiss Valley Land Acquisition 4,021.50 4,021.50 (4,021.59) (0.09)
Cell 9 Phase 2 Expansion 0.00 0.00 0.04 0.04
Cell 9 Phase 3 Expansion 0.00 0.00 0.00 0.00
Cell 9 Phase 4 Expansion 440,059.52 2,362,522.80 (2,362,523.19) (0.39)
Radio Communication Replacement 0.00 0.00 0.00 0.00
Short Term Facilities 0.00 0.00 315,417.33 315,417.33
Crawler Dozer Replacement 117,000.00 117,000.00 257,999.66 374,999.66
Camera Equipment Replacement 0.00 0.00 8,000.00 8,000.00
Property tax 0.00 96.00 (96.00) 0.00
Local Retainage - Environmental Protection 21,490.14 42,843.46 (42,843.46) 0.00
Local Retainage - EMS Implementation 45,129.28 89,971.24 (89,971.24) 0.00
Total Capital Expenditures 632,262.18 2,787,291.05 (980,419.02) 1,806,872.03
NET INCOME (LOSS) (411,618.83) (594,461.53) 144,116.06 (497,812.50)
Beginning
Balance Additions Subtractions
Ending
Balance
Fund 940 13,015,163.55 595,591.64 1,007,210.47 12,603,544.72
Fund 941 162,004.30 66,619.42 79,458.60 149,165.12
13,177,167.85 662,211.06 1,086,669.07 12,752,709.84
Note: E = Agency Equipment Budget
P = Agency Program Budget
CIP = Agency CIP Budget
December-19
DUBUQUE AREA METROPOLITAN SOLID WASTE AGENCY
OPERATING STATEMENT
Bank Amount Issued Maturity Interest Rate
Dutrac 400,000 01/10/19 01/10/20 2.910%
Dutrac 400,000 02/01/19 01/31/20 2.890%
Fidelity 1,000,000 03/31/19 03/12/20 2.790%
Dutrac 1,000,000 04/10/19 04/08/20 2.670%
Dutrac 500,000 05/31/19 06/01/20 2.640%
Collins 500,000 07/15/19 07/14/20 2.450%
DB&T 400,000 07/31/19 01/31/20 2.270%
MidwestOne 400,000 10/15/19 10/14/20 1.970%
Dutrac 500,000 11/05/19 11/04/20 1.870%
Dutrac 500,000 12/06/19 12/05/20 1.850%
Dutrac 500,000 12/20/19 12/21/20 1.900%
$6,100,000
Certifiicates of Deposit bids are solicited from : American Trust & Savings Bank
Collins Community Credit Union
Dubuque Bank & Trust
Dupaco Credit Union
DuTrac Community Credit Union
Fidelity Bank & Trust
Premier Bank
US Bank
Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Certificates of Deposit
December 31, 2019
Hauler Tonnage Report
FY 2019Republic
DBQ
Refuse
Collection
Other
DBQ
tonnage Bi-County Dittmer Kluesner Roling Faherty
Richland
Center
Town &
County
Other
Haulers*** TOTAL
July 1,878.58 1,036.55 138.37 1,013.70 2,845.20 457.36 274.76 2,389.66 309.85 1,288.13 11,632.16
August 2,036.30 1,095.48 471.21 1,135.67 2,880.83 463.65 275.05 2,606.63 600.16 1,770.21 13,335.19
September 1,789.79 949.70 144.63 1,139.73 2,781.27 459.51 258.06 2,341.72 405.62 1,366.97 11,637.00
October 2,012.32 1,053.43 203.62 1,379.31 3,050.37 595.84 251.26 2,784.25 424.28 1,285.37 13,040.05
November 1,804.64 1,009.80 202.75 1,264.35 2,768.33 427.56 250.65 2,239.96 117.30 1,255.26 11,340.60
December 1,733.95 931.49 158.97 1,061.94 2,292.27 387.62 200.88 1,939.53 930.22 1,431.06 11,067.93
January 1,569.17 850.32 53.22 874.12 2,124.82 314.41 209.14 1,862.36 917.18 1,347.37 10,122.11
February 1,375.49 796.01 3.92 824.58 2,054.86 333.73 150.32 1,589.30 971.89 871.90 8,972.00
March 1,731.87 919.06 206.22 1,160.21 2,483.17 378.25 215.01 2,090.18 796.25 1,588.50 11,568.72
April 1,863.10 1,026.01 186.19 1,275.82 2,659.65 443.65 265.97 2,497.65 192.32 1,465.35 1,726.14 13,601.85
May 1,888.05 1,047.98 133.96 1,453.72 2,855.45 517.35 290.52 2,781.74 781.23 1,667.82 2,018.21 15,436.03June 1,717.23 968.16 153.26 1,234.16 2,643.11 548.56 262.25 2,329.84 731.73 1,368.93 1,711.52 13,668.75
TOTALS 21,400.49 11,683.99 2,056.32 13,817.31 31,439.33 5,327.49 2,903.87 27,452.82 7,178.03 4,502.10 17,660.64 145,422.39
July-Dec FY19 11,255.58 6,076.45 1,319.55 6,994.70 16,618.27 2,791.54 1,510.66 14,301.75 2,787.43 0.00 8,397.00 72,052.93
Trend (Tons) (731.36) 69.87 685.45 193.08 264.17 160.88 9.99 560.55 726.85 6,024.42 3,372.87 11,336.77Trend (%) -6.50% 1.15% 51.95% 2.76% 1.59% 5.76% 0.66% 3.92% 26.08% #DIV/0! 40.17% 15.73%
FY 2020Republic
DBQ
Refuse
Collection
Other
DBQ
tonnage Bi-County Dittmer Kluesner Roling Faherty
Richland
Center
Town &
County
Other
Haulers*** TOTAL
July 1,764.41 1,114.03 174.17 1,351.55 3,167.45 486.70 261.08 2,605.08 847.47 1,295.01 1,668.70 14,735.65
August 1,800.99 1,082.84 121.95 1,322.72 3,017.46 573.46 283.71 2,480.16 653.31 1,282.46 2,172.36 14,791.42
September 1,749.15 974.18 166.35 1,137.12 2,580.90 470.43 210.82 2,538.04 708.90 932.73 1,984.58 13,453.20
October 1,906.26 1,056.38 757.93 1,294.95 3,173.83 551.87 301.59 2,816.24 291.65 846.30 2,882.63 15,879.63
November 1,717.78 934.73 627.58 1,107.04 2,465.43 460.32 235.24 2,203.98 378.74 807.02 1,662.27 12,600.13
December 1,585.63 984.16 157.02 974.40 2,477.37 409.64 228.21 2,218.80 634.21 860.90 1,399.33 11,929.67
January 0.00
February 0.00
March 0.00
April 0.00
May 0.00June 0.00
TOTALS 10,524.22 6,146.32 2,005.00 7,187.78 16,882.44 2,952.42 1,520.65 14,862.30 3,514.28 6,024.42 11,769.87 83,389.70
*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 1/9/2020
Recycled/Beneficial Use Materials
FY 2019 Appliances
E-Waste
w/Charge
Yard
Waste
DBQ Yard
Waste Glass Rubble Tires Sand ASR
Petro
Cont. Soil
Metal
Recycling
HHM/
CESQG*
HHM Swap
Items*
Rural
Recycling Shingles
July 122 481 164.56 124.72 192.55 0.83 15.06 98.26 1598.35 0.00 7.56 9769 0 54.64 22.87
August 127 473 126.17 144.70 130.34 11.07 0.00 65.20 1794.40 15.05 4.92 11550 0 53.26 58.11
September 153 331 56.93 132.72 127.25 10.41 16.04 74.42 1347.49 0.00 4.75 8987 0 49.12 70.04
October 134 422 80.37 235.37 138.01 68.86 0.00 91.00 1610.82 0.00 6.57 20276 0 55.32 57.79
November 134 316 111.57 252.08 72.71 11.05 11.37 84.07 1057.61 0.00 4.52 9712 0 56.20 30.19
December 83 306 16.84 24.20 102.58 6.30 14.71 74.85 964.21 114.84 3.40 5961 0 57.46 7.07
January 86 194 17.28 21.10 66.68 11.68 40.97 105.48 903.45 0.00 0.00 6922 0 48.55 6.04
February 28 55 8.63 7.72 0.00 42.64 0.00 76.84 420.74 0.00 2.17 3166 0 39.11 0.00
March 91 259 27.24 26.67 0.00 19.72 14.40 90.18 421.10 100.98 1.56 6895 0 45.25 0.00
April 108 389 41.52 142.45 0.00 65.33 0.00 89.10 852.97 520.78 6.23 10659 0 50.96 0.00
May 130 476 67.31 181.50 0.00 42.99 15.66 63.61 334.86 447.05 10.42 25242 0 57.15 0.00June 129 391 202.36 166.72 0.00 67.95 16.72 85.01 636.61 97.70 5.92 8844 0 52.87 0.00
TOTALS 1,325 4,093 920.78 1459.95 830.12 358.83 144.93 998.02 11942.61 1296.40 58.02 127983 0 619.89 252.11
July-Dec FY19 753 2,329 556 914 763 109 57 488 8,373 130 32 66,255 0 326 246
Trend 162 44 10.60 204.10 (763.44) 113.68 10.99 (100.74) (3672.28) 540.60 14.87 12738.00 0 (30.46) -246.07Trend (%) 21.51% 1.89% 1.90% 22.34% -100.00% ####### 19.22% -20.65% -43.86% 416.20% 46.88% 19.23% #DIV/0! -9.34% -100.00%
FY 2020 Appliances
E-Waste
w/Charge
Yard
Waste
DBQ Yard
Waste Glass Rubble Tires Sand ASR
Petro
Cont. Soil
Metal
Recycling
HHM/
CESQG*
HHM Swap
Items*
Rural
Recycling Shingles
July 176 450 166.54 177.26 0.00 36.90 0.00 79.22 609.02 240.53 9.53 9010 0 52.93 0.00
August 141 450 106.25 133.19 0.00 4.53 0.00 63.81 1040.14 115.59 6.16 22386 0 46.74 0.00
September 117 308 98.30 122.98 0.00 13.10 0.00 51.50 787.53 251.83 7.20 27941 0 44.17 0.00
October 187 457 94.09 208.03 0.00 64.70 16.83 67.46 1204.66 16.93 9.41 18225 0 49.55 0.00
November 161 332 73.35 374.08 0.00 66.06 51.34 60.46 455.78 24.49 7.35 1363 0 44.10 0.00
December 133 376 28.51 102.35 0.00 36.91 0.00 64.61 603.47 21.12 6.94 68 0 58.05 0.00
January
February
March
April
MayJune
TOTALS 915 2,373 567.04 1117.89 0.00 222.20 68.17 387.06 4700.60 670.49 46.59 78993 0 295.54 0.00
*Pounds Processed
**E-Waste Merged into one catagory
***Dirt removed Last Updated 1/9/2020
Exceptional Waste/County Tonnage
FY 2019 C+D
Special
Waste Asbestos
WR&RC
Grit
Diatomaceous
Dirt
Dubuque
County, IA
Delaware
County. IA Illinois Wisconsin
Jackson
County
Clayton
County
July 344.46 72.71 29.95 0.00 46.61 7,386.10 1,069.76 97.38 2,993.05 0.16 85.71
August 633.22 90.29 32.58 324.19 66.15 8,240.00 1,283.22 94.22 3,666.14 0.13 51.48
September 445.14 41.56 16.00 0.00 62.19 7,305.84 1,034.40 134.70 3,089.05 0.02 72.99
October 353.60 73.05 91.09 0.00 64.76 7,980.40 1,372.73 136.99 3,481.27 0.20 68.46
November 419.69 101.01 49.07 0.00 65.99 7,929.87 981.91 80.34 2,234.81 0.10 113.57
December 392.59 130.54 84.86 0.00 87.34 6,189.65 781.77 55.84 3,906.49 0.03 134.15
January 211.96 53.78 21.35 0.00 42.59 5,683.08 745.88 53.76 3,597.56 0.10 41.73
February 211.27 12.87 17.22 0.00 34.38 5,253.43 711.81 38.78 2,935.47 0.10 32.41
March 492.68 39.97 0.68 0.00 57.76 7,174.07 824.61 100.00 3,376.97 0.20 92.87
April 461.27 24.51 18.32 0.00 62.61 7,628.51 996.40 573.39 4,293.50 0.00 110.05
May 793.10 14.56 33.34 0.00 80.47 8,461.36 871.02 347.90 5,524.73 0.15 230.87June 538.60 180.99 56.41 0.00 80.43 8,017.72 735.06 140.68 4,710.97 2.23 62.09
TOTALS 5297.58 835.84 450.87 324.19 751.28 87250.03 11408.57 1853.98 43810.01 3.42 1096.38
July-Dec FY19 2588.70 509.16 303.55 324.19 393.04 45031.86 6523.79 599.47 19370.81 0.64 526.36
Trend 581.39 72.77 896.17 702.23 (15.25) 3912.56 (1684.35) 695.79 7436.14 18.96 957.87Trend (%) 22.46% 14.29% 295.23% 216.61% -3.88% 8.69% -25.82% 116.07% 38.39% 2962.50% 181.98%
FY 2020 C+D
Special
Waste Asbestos
WR&RC
Grit
Diatomaceous
Dirt
Dubuque
County, IA
Delaware
County. IA Illinois Wisconsin
Jackson
County
Clayton
County
July 563.74 0.37 37.01 0.00 83.56 8,543.56 909.34 59.55 5,027.42 0.60 195.18
August 627.62 2.44 383.39 0.00 86.07 8,719.00 830.23 248.78 4,708.41 17.57 267.43
September 555.37 29.21 346.18 0.00 78.13 7,714.78 698.61 307.24 4,454.60 1.01 276.96
October 588.96 480.21 138.43 599.42 67.99 9,635.05 875.79 496.89 4,545.72 0.05 326.13
November 501.92 0.16 259.93 427.00 43.10 7,535.32 882.64 67.95 3,886.59 0.15 227.48
December 332.48 69.54 34.78 0.00 18.94 6,796.71 642.83 114.85 4,184.21 0.22 191.05
January
February
March
April
MayJune
TOTALS 3170.09 581.93 1199.72 1026.42 377.79 48944.42 4839.44 1295.26 26806.95 19.60 1484.23
*County totals do not include shingles Last Updated 1/9/2020
1
TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: Kenneth Miller, Solid Waste Agency Administrator KM SUBJECT: Strategic Planning Session
DATE: January 9, 2020
INTRODUCTION
The purpose of this memorandum is to provide information and request a course of action regarding a strategic planning work session.
BACKGROUND
In November 2016, the Board participated in a strategic planning session led by Jennefer Klennert from Foth Infrastructure and Environment, LLC (Foth). At that session, you confirmed your desire to continue the current landfill services and continue with the current financial strategy.
DISCUSSION
The IDNR requirement for landfills is to hold a strategic planning session every five (5) years. DMASWA does not fall under this requirement because we are in the EMS program. Due to staff vacancies a strategic planning session has not been held since 2016. However, staff feels it would be helpful to identify a 5- year plan before developing the FY2022 operating and capital improvement budgets. Staff is proposing that the Board host a Strategic Planning Session to moderated by Foth’s Principal Consultant Jennefer Klennert and Project Manager Brian Harthun. Foth would provide information on projected life cycle costs related to operating and CIP costs. The Board would be asked to provide input on staff recommendations related to future gate rates, facility improvements, and ideas related to the future location of cell 10.
ACTION STEP
The Board is requested to establish a date in February or March 2020 for the purpose of holding a Strategic Planning Session to identify strategic goals for Fiscal Years 2022 – 2026. Attachments
1
TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: Kenneth Miller, Solid Waste Agency Administrator KM SUBJECT: Methane Gas Flare Relocation
DATE: January 10, 2020
INTRODUCTION
The purpose of this memorandum is to request approval of the Foth Infrastructure & Environmental (Foth) Addendum #5 related to the gas flair project. BACKGROUND
The Methane Gas Flare (Flare) is currently located on the west side of Cells 1-8 with power supplied to the Flare via overhead 3-Phase electrical service which runs along the existing road between Cells 1 and 9 before following the Cells 1-8 west boundary road to the Flare. The 3-Phase electrical service must be removed to allow for the construction of the Cell 9 Phase IV Abutment Liner which is part of the current Cell 9 Phase 4 construction project DISCUSSION
Attached is Addendum #5 to the original Foth Infrastructure & Environmental (Foth) Agreement dated April 19, 2016. The proposal provides for the development of construction documents to be submitted to the Iowa Department of Natural Resources and bidding for the gas flair relocation project. Addendum #5 has been developed to identify the tasks related and associated costs. The proposal identifies two tasks, 1.1.1 Site Plan and Details and 1.1.2 Contract Documents. The total cost of these services is $17,100. Funding is available in the General Operating and CIP line, fund 940 to cover this cost. Foth is the current methane gas engineer for DMASWA and are familiar with the area. They are also the consultant for the landfill methane gas project. With knowledge of both projects they are the logical choice for this task. REQUESTED ACTION
Staff requests the Board to approve the attached resolution authorizing the Chairperson to execute Addendum #5, with a total project cost of $17,100, with Foth Infrastructure & Environmental, LLC.. ATTACHMENT
Foth Project ID Foth Release Date January 5, 2020 Addendum No. 5
Page 1 of 4
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STANDARD FORM OF ADDENDUM
(Agreement for Professional Services)
This Agreement shall be an addition to, and subject to the conditions contained in that
Agreement for Services dated April 19, 2016 between Foth Infrastructure & Environment, LLC
(CONSULTANT), and
Dubuque Metropolitan Area Solid Waste Agency (OWNER)
WHEREAS the OWNER wishes to engage the CONSULTANT to provide various services as
described below, in accordance with CONSULTANT procedures, standards, and normal billing
practices, and
WHEREAS the project to which such services apply is referred to as the PROJECT and
described generally as follows: Flare Relocation and
WHEREAS the CONSULTANT has agreed to perform such work.
NOW, THEREFORE, and in consideration of the above, the CONSULTANT and the OWNER
do hereby agree and covenant as follows:
SECTION 1 – SERVICES
The CONSULTANT agrees to provide the following services:
1.1 Flare Relocation
1.1.1 Site Plan and Details
The CONSULTANT will prepare a drawings to solicit Contractor quotes to relocate the existing
landfill gas (LFG) flare at the Dubuque Metropolitan Area Solid Waste Agency landfill. The
drawings will consist of the following sheets:
• Site Plan showing current proposed location of LFG flare
• Plan view of proposed piping
• Plan and Profile of new LFG header
• Plan and Profile of new LFG condensate drain line
• Details showing flare disconnect, new LFG header connection, new LFG drip leg
The estimated effort by staff category is shown below:
Project Manager 4 hours
Engineer III 40 hours
Engineer I 32 hours
Foth Project ID Foth Release Date January 5, 2020 Addendum No. 5
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1.1.2 Contract Documents
The CONSULTANT will prepare technical specifications and letter quote request for the
relocation of the LFG flare. The letter bid request will consist of a unit based bid form along
with OWNER contract requirements. The technical specifications will be developed to meet
regulatory and performance requirements.
The estimated effort by staff category is shown below:
Project Manager 2 hours
Engineer III 16 hours
Engineer I 8 hours
1.1.3 Bid Assistance
The CONSULTANT shall assist the OWNER in securing letter bids for the LFG flare relocation
including responding to Contractor questions and evaluating the bids.
The estimated effort by staff category is shown below:
Project Manager 4 hours
SECTION 2 - COMPENSATION
AN INITIAL PAYMENT OF Zero Dollars ($ 0 ) shall be made upon execution of this
Agreement and credited to the OWNER's account at final payment.
2.1 HOURLY RATE AND EXPENSES
Whereas the OWNER has elected to compensate the CONSULTANT for services under Section
1 on an Hourly rate and expenses Basis, such compensation shall include payment for labor,
direct expenses, and other compensation as follows:
Hourly Rate Schedule:
The hourly rates to be used for this item shall be determined by the hourly rate schedule
incorporated into this agreement as shown below or attached schedule. The CONSULTANT
reserves the right to adjust the hourly rate schedule, which is used in determining the above
hourly rates, on a yearly basis.
Direct Expenses:
Reimbursement of direct expenses incurred in connection with the PROJECT, including but not
limited to the following:
Foth Project ID Foth Release Date January 5, 2020 Addendum No. 5
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♦ Reimbursable expenses +10% (e.g. subsistence and lodging, commercial
transportation, postage and shipping, expense of purchased services, lease of
specialized equipment, etc.).
♦ Mileage at Foth Resource Charge Rates (such rate to be adjusted from time to
time)
♦ Mileage for survey vehicles at Foth Resource Charge Rates (such rate to be
adjusted from time to time).
♦ Fees paid for securing approval of authorities having jurisdiction over the
PROJECT.
♦ Printing and reproduction.
♦ Equipment costs (e.g. computers, automated survey instruments, CADD
equipment, etc.).
♦ The OWNER will reimburse the CONSULTANT for taxes or levies (excluding
Federal, State and Local income taxes) which may be assessed against the
CONSULTANT by the Federal Government or any State or political subdivision
directly on services performed or on payments for services performed, by the
CONSULTANT and which taxes or levies the CONSULTANT may be required
to collect or pay.
Task Description Estimated Compensation ($)
1.1
Flare Relocation
$17,100
Payments are due and payable thirty (30) days from the first day of the calendar month
after the date of the CONSULTANT’S invoice.
Other Compensation:
It is understood that when requested by the OWNER, the CONSULTANT shall procure the
services of independent inspection bureaus, laboratories, soil exploration firms, etc. However,
this is for the convenience of the OWNER and the CONSULTANT shall provide coordination
only of these services at the labor rates determined above. The CONSULTANT shall pass the
costs of the independent services including factory calibrations directly to the OWNER for
payment.
SECTION 3 - SCHEDULE
The CONSULTANT shall perform the services identified in Section 1 for the time period
January 5, 2020 to February 28, 2020.
Foth Project ID Foth Release Date January 5, 2020 Addendum No. 5
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SECTION 4 - SPECIAL CONDITIONS
It is understood by the CONSULTANT and OWNER that survey, testing, laboratory, and
analytical services needed for the PROJECT will be contracted directly with the OWNER unless
specifically requested by the OWNER to have services contracted with the CONSULTANT.
All other provisions of the Agreement referred to shall remain in force unless otherwise modified
or deleted by the OWNER and CONSULTANT.
IN WITNESS WHEREOF the parties hereto set their hands and seals dated this
5th day of January, 2020 .
For CONSULTANT: For OWNER:
Foth Infrastructure & Environment, LLC Dubuque Metropolitan Area Solid Waste
Agency
By: By:
Name: Dan Bacehowski Name:
Title: Senior Client Manager Title:
By: By:
Name: Brian Harthun Name (Please print):
Title: Sr. Project Manager Title:
T-S 2020 Foth Public Solid Waste Labor Rates and Resource Charges.docx Form PSW-S1 Rev. 1/1/20
Foth Environment Division Public Solid Waste
2020 Labor Rate Schedule*
Classification Hourly Rate (USD) Program Director $232 Client Director/Principal $190 Project Manager III $179 Project Manager II $158 Project Manager I $150 Consultant III $175 Consultant II $148 Consultant I $140 Engineer/Scientist VI $190 Engineer/Scientist V $175 Engineer/Scientist IV $155 Engineer/Scientist III $135 Engineer/Scientist II $125 Engineer/Scientist I $110 Technician V $145 Technician IV $125 Technician III $102 Technician II $95 Technician I $74 Project Coordinator $115 Administrative Assistant II/Project Administrative Specialist $85 Administrative Assistant I $74
INVOICING PROCEDURES
All personnel are billed portal-to-portal for required travel.
All testimony or direct mediation work including the following: depositions; trial testimony; mediation meetings or presentations; public meetings; public hearings; standby time; pre-trial preparation; and other litigation/mediation services will be billed with a separate Litigation/ Mediation Rate Schedule.
Expedited deliverables requested by the client that require overtime work will be billed at one and one-half times the hourly billing rate for the overtime hours worked. Prior notice of this surcharge will be given.
Foth Infrastructure & Environment, LLC reserves the right to periodically modify this schedule, as appropriate.
* Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of Foth Infrastructure & Environment, LLC.
T-S 2020 Foth Public Solid Waste Labor Rates and Resource Charges.docx Form PSW-S1 Rev. 1/1/20
Foth Environment Division Public Solid Waste
2020 Resource Charges*
Item Cost Basis Standard Charge (USD) Standard Office/Communication/Software (1) 3% of labor Travel
Automobile Travel Mileage $0.65/mi(2) Public Transportation Cost + 10% Subsistence and Lodging Cost + 10% Survey Vehicles Mileage $0.97/mi(3)
Equipment
Special equipment rates quoted on an individual basis, if requested.
Subconsultants (drilling, laboratory, etc.) Cost + 10% Outside Printing Costs Cost + 10% Specialty Mailing Services Cost + 10% Miscellaneous Cost + 10%
Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above hourly rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects.
(1) Standard Office/Communication/Software charges are designed to cover Foth's costs for the following: 1) telephone and long distance charges; 2) charges associated with facsimile sending and receiving; 3) standard postal and shipping charges, except express mail; 4) normal copying and other reproduction costs, except for major or outside reproduction costs; and 5) usage of software.
(2) Mileage rates are subject to change based on Federal Government Standards.
(3) Survey Vehicle and Equipment charges are subject to change based on availability and economic conditions. Special equipment rates quoted on an individual basis, if requested.
* Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of Foth Infrastructure & Environment, LLC.
RESOLUTION NO. 2020 - _____
APPROVAL OF ADDENDUM #5 WITH FOTH INFRASTRUCTURE & ENVIRONMENTAL. FOR:
METHANE GAS FLARE RELOCATION SITE PLAN AND CONTRACT DOCUMENTS
WHEREAS, Agency wishes to relocate the methane gas flare; and, WHEREAS, Foth Infrastructure & Environmental, LLC (Foth) has provided
Engineering services to the Agency in the past and is currently the Engineering firm for the methane gas project; and,
WHEREAS, Agency Board of Directors desires the services of Foth under the
conditions set for in Addendum #5 and for the services identified in the attached Addendum #5; and,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY:
That Addendum #5 be added to the Core Services Agreement is hereby entered into with Foth Infrastructure & Environmental, LLC. and the Solid Waste Agency Administrator is hereby directed to execute the Agreement on behalf of the Dubuque Metropolitan Area Solid Waste Agency for the amount of $17,100. Passed, adopted and approved this 15th day of January 2020. __________________________ Ric W. Jones, Chairperson Attest: _____________________________ Mona Manternach, Secretary
1
TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: Kenneth Miller, Solid Waste Agency Administrator KM SUBJECT: Waste Minimization Grant Request – Loras College
DATE: January 15, 2020
INTRODUCTION
The purpose of this memorandum is to convey recommendation from the Waste Minimization Grant Review Committee regarding the grant application received. DISCUSSION In September 2019, the Board approved an updated Waste Minimization Grant Policy whereby entities requesting funds exceeding $500 would be referred to a committee for review and recommendation. The committee includes the Solid Waste Agency Administrator, the Education and Communication Coordinator and up to three Dubuque County citizens. Ken Miller, Bev Wagner and Beverly Berna met to consider the attached application received from Loras College. With consideration given the waste minimization grant policy guidelines, previous disbursements, future obligations and the recommended review criteria, the committee evaluated the grant request. After discussion and deliberation, the committee reached consensus on the following recommendation:
Entity
Grant Request
Description
Requested
Funds
Grant
Evaluation
Score
Recommended
Funding
Entity
Match
Total
Project
Cost
Loras College Chemical Waste
Management
$25,000 20/31 $17,500 $8,500 $43,500
The review committee felt that the request for funding for Stockroom Air Conditioning ($16,000), Ventilation ($4,000) and Lighting & Painting ($4,000) did not fit the project eligibility guidelines and removed them from their recommendation. The committee has concerns that funding these items may set a funding precedence which may deplete the allotted funds available for other projects which more closely align with the policies guidelines. ACTION STEP The Board is requested to consider the Waste Minimization Grant Review Committee’s recommendations. Attachments
1
TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: Kenneth Miller, Solid Waste Agency Administrator KM SUBJECT: Waste Minimization Grant Request – Mt. St. Francis
DATE: January 15, 2020
INTRODUCTION
The purpose of this memorandum is to convey recommendation from the Waste Minimization Grant Review Committee regarding the grant application received. DISCUSSION In September 2019, the Board approved an updated Waste Minimization Grant Policy whereby entities requesting funds exceeding $500 would be referred to a committee for review and recommendation. The committee includes the Solid Waste Agency Administrator, the Education and Communication Coordinator and up to three Dubuque County citizens. Ken Miller, Bev Wagner and Beverly Berna met to consider the attached application received from the Mt. St Francis. With consideration given the waste minimization grant policy guidelines, previous disbursements, future obligations and the recommended review criteria, the committee evaluated the grant request. After discussion and deliberation, the committee reached consensus on the following recommendation:
Entity
Grant Request
Description
Requested
Funds
Grant
Evaluation
Score
Recommended
Funding
Entity
Match
Total
Project
Cost
Mt. St.
Francis
Organics
Composting &
Other Education
$20,342 17/31 $12,380 $2,995 $23,337
The review committee felt that the request for funding for most of the educational supplies ($7,962) did not fit the project eligibility guidelines and removed them from their recommendation. The committee has concerns that funding these items may set a funding precedence which may deplete the allotted funds available for other projects which more closely align with the policies guidelines. ACTION STEP The Board is requested to consider the Waste Minimization Grant Review Committee’s recommendations. Attachments
RESOLUTION NO. 2020 - _____
APPROVAL OF WASTE MINIMIZATION GRANT FUNDING ROUND 2
WHEREAS, Agency desires to disburse Waste Minimization Grant funds pursuant to Agency Policy 1.08, and
WHEREAS, Agency has budgeted funding for FY2020 for the disbursement
of Waste Minimization Grant funds to entities in Dubuque County; and WHEREAS, the Board of Directors have reviewed and discussed the
attached Waste Minimization Grant recommendations; and, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY:
That the Agency Administrator is hereby authorized to tender the Waste Minimization Grant Awards, as discussed, to Loras College and Mt. St. Francis on behalf of the Dubuque Metropolitan Area Solid Waste Agency.
Passed, approved and adopted this 15th day of January 2020.
Ric W. Jones, Chairperson
Attest:
Mona Manternach, Secretary
DMR
January 9,2020
IOWA DEPARTMENT OF NATURAL RESOURCES GOVERNOR KIM REYNOLDSLT. GOVERNOR ADAM GREGG
DIRECTOR KAYLAtYON
KEN MILLERDUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY925 KERPER COURTDUBUQUEJA 52001-2405
Re: 20-G550-06EMS, Environmental Management System Grant Agreement
Dear Mr. Miller:
Congratulations on your grant. Please find a copy of the signed grant agreement enclosed. I also emailed you a
digital version, along with a copy of the Grant Expense Sheet. Let me know if you did not receive them.
• Grant agreement claim submittal information may be found in Sections 4.6 - 4.8. Note that Grant
Expense Sheets are to be submitted within ninety days of the date the oldest attached invoice.
• DNR will retain 10% of grant funds until the complete Final Report has been submitted. The expense
sheet contains a line for the retainage, which should be figured automatically by the form.
• Reporting requirements are listed in Section 4.3. Send the report to the listed email(s).
• Section 6.1 notes that "the Grantee shall submit to the Department a written statement to attest that
the Grantee holds an adequate level of insurance to insure items purchased with program funds". Please
either submit information from your insurance provider or a written statement before or when
equipment is purchased.
If you have any questions or concerns, please contact Tom Anderson at 515-725-8323 or
Sincerely,
WilBecky Jolly
Land Quality
^'
Bureau
File, Enclosure
WALLACE BUILDING, 502 E 9™ ST, DES MOINES IA 50319Phone:515-725-8200 www.lowaDNR.gov Fax:515-725-8202
ENVIRONMENTAL MANAGEMENT SYSTEM PROGRAMAGREEMENT NUMBER 20-G550-06EMS
Between
IOWA DEPARTMENT OF NATURAL RESOURCES
And
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
IN WITNESS THEREOF, the parties hereto have executed this Agreement.
DEPARTMENT OF NATURAL RESOURCES
By; c^C^^^C^ ^0 M^^-<-^ Date: / - ^ ' 2. <" ^ 0
Ed Tormey, Division AdfliMistrator
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
By: ^^e- ////^SW _Date: _^_^ZOZ^_Fnneth Miller, Agency Administrator
Grantee:
20-G550-06EMS
Page 2 of 12
ENVIRONMENTAL MANAGEMENT SYSTEM PROGRAMPROJECT AGREEMENT
IOWA DEPARTMENT OF NATURAL RESOURCES
Dubuque Metropolitan Area Solid Waste Agency925 Kerper CourtDubuque, IA 52001
Agreement Number:
Agreement Title:
Agreement Amount:
20-G550-06EMS
Pilot Environmental Marketing Project
$18,750 grant
Grantee Project Officer:
Grantee Email Address:
Ken Miller
km i [email protected]
DNR Project Officer: Tom Anderson 515-725-8323
Land Quality Bureau
Distribution Copies: Copy One-DNRCopy Two-Grantee
Time of Performance:
Time of Final Report:
Term of Agreement:
January 9, 2020 - June 30, 2021
July 15, 2021
January 9, 2020-July 31, 2021
Submit Reporting Forms To: Reports shall be submitted electronically to the following email address:FABA. Re ports@dn r.iowa.gov
Submit Grant Expense Sheets To: AmyWilkenIowa Department of Natural Resources
502 E 9th St
DesMoineslA 50319-0034
Issue Payment To: Dubuque Metropolitan Area Solid Waste Agency925 Kerper CtDubuquelA 52001
20-G550-06EMS
Page 3 of 12
SPECIAL CONDITIONS AND GENERAL CONDITIONSThe Grantee shall deliver all information and complete all tasks detailed in the Special Conditions. The rights andobligations of the parties to this Agreement shall be subject to and governed by the Special Conditions, the General
Conditions, and the Appendices. In the event of any inconsistency between the Special Conditions, the GeneralConditions, the Appendices (if applicable) and any specifications or other conditions that are made a part of thisAgreement by reference or otherwise, the provisions of the Special Conditions and the General Conditions shall control.In the event of any inconsistency between the Special Conditions and the General Conditions, the provisions of theSpecial Conditions shall control.
SPECIAL CONDITIONS
ARTICLE I. IDENTIFICATION OF PARTIES, PROJECT, AND PROJECT AREAThis Agreement is by and between Dubuque Metropolitan Area Solid Waste Agency (hereinafter referred to as theGrantee or DMASWA) and the Iowa Department of Natural Resources (hereinafter referred to as the Department).
The Grantee shall utilize grant for two projects with goals to improve recycling and to educate residents;
• Produce four short (30 seconds or less) educational videos on proper recycling methods for stakeholders
• Purchase and place glass recycling containers for use by residents
The project area includes the Solid Waste Planning Area including Dubuque and Delaware Counties.
ARTICLE II. DESIGNATION OF OFFICIALS2.1 Department. The Department Project Officer shall negotiate and execute any changes in the terms, conditions, or
amounts specified in this Agreement on behalf of the Department and, subject to the approval of the Administrator
of the Environmental Services Division, make any changes to this Agreement.
2.2 Grantee. The Grantee Project Officer shall negotiate any changes in the terms, conditions, or amounts specified in
this Agreement, and the Grantee's Board Chairperson is authorized to execute any such changes subject to the
approval thereof by the Agency Board of the Grantee.
2.3 Key Agreement Personnel.
Tom Anderson, Lead SWAP staff 515-725-8323Becky Jolly, Department, Reporting 515-725-8308Ken Miller, Grantee Project Officer, 563-589-4354
ARTICLE III. TIME OF PERFORMANCE, TERM OF AGREEMENT3.1 Time of Performance. The Grantee shall commence work under this Agreement on the beginning date and complete
Agreement tasks by the ending date, as set forth in this Agreement unless changed by mutual written agreement.Agreement tasks include all actions and/or submittals required of the Grantee.
3,2 Term of Agreement. The Agreement remains open for the Term of Agreement as stated on the title page of thisAgreement. The Agreement and all obligations of the Department contained herein may be terminated upon theoccurrence of one of the following: a) all conditions of the Agreement have been fulfilled as determined by theDepartment; b) the Agreement is terminated under Section 11 of the General Conditions; ore) if there has been nodisbursement of Solid Waste Alternatives Program funds within twelve (12) months immediately following theannouncement of awards, unless an extension is requested in writing by the Grantee and approved by the
Department.
3.3 Acknowledgement of Grantee's Repayment Obligation in the Event of Termination for Cause. By entering this
Agreement with the Department, the Grantee is agreeing to complete the Project as described in Special ConditionArticle IV of this Agreement pursuant to the timeline and requirements established in that Article, as well as in
accordance with all other requirements of this Agreement. By signing this Agreement, Grantee recognizes and
20-G550-06EMS
Page 4 of 12
agrees that in the unlikely and unexpected failure of Grantee to complete the Project as defined herein or tootherwise comply with the terms of this Agreement, the Agreement may be terminated for cause pursuant to
Section 11 of the General Conditions of this Agreement. While it is not anticipated by any party to this Agreementthat termination will be necessary, in the event that the Agreement is terminated for cause, the Grantee recognizes
and agrees that the Department will no longer reimburse expenses incurred by the Grantee, and further recognizes
and agrees that the Grantee may be required to repay all grant funds.
ARTICLE IV. SCOPE OF WORKProject Description. The Grantee shall utilize grant funding for two projects:
• Video Project: A recent survey indicated stakeholder confusion regarding what may be recycled. TheGrantee shall use grant funds to produce four 30-second videos with specific recycling instructions and
reasons why proper recycling participation is important.• Glass Recycling Project: The survey indicated stakeholders desire more glass recycling opportunities. The
Grantee shall purchase three glass recycling containers to place in two locations accessible by the public.The third container will be use to switch out when emptying containers,
4.1 Milestones. The Grantee shall accomplish the activities listed in the Project Milestones by the assigned date. Ifchanges are required, the Grantee must contact the Department in writing and receive approval of the amendment
in writing.
PROJECT MILESTONES
Deliverables
Produce videos, place on web and social media
Track video views
Purchase and place glass recycling containers
Track glass collection data
Task Milestone Date
June 2020
Ongoing
July 2020
Ongoing
4.2 Reporting Requirements. Reports shall be submitted electronically to the following email address:[email protected]. The Grantee Project Officer shall provide Progress Reports as outlined in the
Reporting Schedule below.REPORTING SCHEDULE
Due Date
July 15, 2021
Reporting Period
January 9, 2020 - June 30, 2021
Report Type
Final Report
4.3 Final Report. As part of the Final Report the following information collected over the Time of Performance shall beprovided:1. Information regarding how the four videos were produced: who was chosen to produce the videos and how,
how the script and topics were selected, budget information.2. Copies of digital video files or links to the files3. Summary of data collected on videos including but not limited to: number of times each video was viewed, how
videos were viewed - for example, from the DMASWA website vs social media and any other data that mayprovide value to others interested in doing a similar project.
4. Information regarding the purchase of three glass recycling containers. Supply a copy of the request forproposals (RFP) or other type of bid document used to purchase the containers.
5. Data collected on glass recycling once containers are placed.6. Information from the Video and Glass Recycling Campaigns including:
o Data and Information on program advertising and outreacho Education program information - what methods were used and effectiveness
7. Representative photos of the Projects and copies of any promotional materials.
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Disclaimer. Any publications pertaining to work performed under this Agreement shall contain the followingstatement:
"This (insert type of material) was prepared with the support of the Iowa Department of Natural
Resources (insert Agreement Number). However, any opinions, findings, conclusions, or
recommendations expressed herein are those of the author(s) and do not necessarily reflect the viewsofDNR."
The Department reserves the right to publish the reports and publications once completed by the Grantee anddelivered to the Department. Subject to Iowa's open records requirements, written and oral releases are considered
to be within the context of publication rights so reserved by the Department.
4.4 Project Budget. The Department agrees to pay the Grantee for expenses incurred for the Project in the amountsstated in the budget outlined below, not to exceed the-AgreemenMmount-indicated on the title page of this
Agreement.
PROJECT BUDGET
ITEM
Video production - 30-second videos (4)
Recycling containers - 20-yard containers (3)
Advertising/outreach
TOTAL
DNR AWARD
$1,875^
$15,000
$1,875
$18,750
COST SHARE
$625$5,000
$625
$6,250
TOTAL COST
$2,500
$20,000
$2,500
$25,000
4.5.1 Iowa Targeted Small Businesses. It is desired that Grantee attempts to contract with targeted businesses,
minority-owned businesses or women owned businesses, for at least ten (10) percent of all
purchase/expenditures which utilize program funds. A directory can be found on the web at:httDs://www.iowa.Rov/tsb/index.Dhp/search.
4.5 Budget Amendments. To the extent necessary, the Grantee shall provide the Department a written request for any
proposed budget deviation. The proposed revised budget cannot exceed the Agreement Amount as identified onPage 2 of the Agreement and the local cost share must be maintained. This written notice shall include:a) a statement of the reason(s) the budget deviation is requested and the impact on the intent of the Project; and,b) a revised budget indicating affected budget line items.
The Department will respond in writing to the request and is not obligated to agree to the request. Expenses cannotoccur relating to the revised budget until the Grantee receives an approval letter from the Department.
4.6 Claim Procedure. In order to be reimbursed for Project expenses, the Grantee shall submit:
a) One (1) signed original (preference given to non-black ink) of the Grant Expense Sheet detailing expenditures
and appropriate budget line items.b) Invoices or receipts on the vendor's company invoice or receipt form for items for which reimbursement is
requested must be attached to the Grant Expense Sheet.
c) If cost share is to be shown, indicate this on the Grant Expense Sheet and attach necessary documentationshowing that the identified Grantee cost share has been paid.
4.7.1 Grant Expense Sheets shall be sent to:
AmyWilkenIowa Department of Natural Resources
502 E 9th StDes Moines IA 50319-0034
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4.7.2 Grant Expense Sheets must be submitted within ninety (90) days of the date of the oldest attached invoice. Itis recommended that the Grantee submit Grant Expense Sheets as expenses are incurred.
4.7.3 Claims shall be made only on items listed in the Project budget outlined in section 4.5 of this Agreement.
4.7.4 No costs for which funds will be used can be incurred before the beginning date or after the ending date of theTime of Performance.
4.7.5 The Department will retain ten percent (10%) of the total amount requested in each claim. Payment of thefinal ten percent (10%) will be made upon submittal and approval of the Final Report and submittal of acompleted Grant Expense Sheet requesting retained funds.
4.7 Funding. The Department will process Grant Expense Sheets for payment within thirty (30) working days provided:a) the Grant Expense Sheet is correctly completed;b) all required documentation is attached;c) all Grantee requirements (including local, state, and federal statutes, ordinances, rules, and regulations), to
date, are completed to the satisfaction of the Department; andd) The Grantee is accomplishing Project Milestones identified in Article IV to the reasonable satisfaction of the
Department. If any of these conditions are not met, the Department will notify the Grantee of the deficienciesand the Department may return the canceled Grant Expense Sheet to the Grantee. A new Grant Expense Sheet
may be submitted to the Department for payment once Agreement requirements are met.
ARTICLE V. REVIEW OF WORK, PROPERTY SALE, MISCELLANEOUS TERMS5.1 Right of Review. The Department or its advisors shall have the right to review and observe at any time, completed
work or work in progress on the Project.
5.2 Property Sales. Prior to the sale of any nonexpendable tangible personal property purchased with funds awardedunder this Agreement, the Department shall be notified no less than thirty (30) working days prior to the Granteeentering into an agreement for the sale of the nonexpendable tangible personal property. The written notice shallinclude a detailed description, including specifications, of the item or items proposed to be sold. For the purposes ofthis Agreement, nonexpendable tangible personal property includes but is not limited to, vehicles, trailers, collectionand processing equipment, building construction, building remodeling, and scales. "Comparable replacement items"means items that maintain the intent of the Project.
5.2.1 In the event that any nonexpendable tangible personal property item(s) purchased or constructed withprogram funds, are sold, and proceeds from that sale are used for other than acquisition of comparable
replacement items during the Term of Agreement, the Department shall immediately be paid a percentage ofthe sale price equal to the percentage of program funds used in the original purchase or construction of thenonexpendable tangible personal property sold. Reimbursement will be based solely on items documented onthe Grant Expense Sheet and purchased, including installation, with program assistance.
5.2.2 If any nonexpendable tangible personal property item(s) purchased or constructed with program funds aresold signifying the end of the Project, the Department may at its sole discretion invoke the provisions of Article5,7 and/or pursue Termination pursuant to General Condition Section 11.
5.3 Reporting. Failure to submit timely and approvable reports may result in any or all of the following:1. Termination of the Agreement pursuant to General Condition Section 11, including requiring forfeiture of
unspent grant funds, repayment of grant funds expended, and costs of collection immediately due and payable.
2. Loss of future Environmental Management System grant funding.
3. Loss of retained grant funds.
5.4 Milestones. Milestone activities must be met by the assigned date. If the assigned date needs to be amended, prior
written Department approval must be received. Failure to accomplish milestones by contracted or amended datesmay result in any or all of the following:1. Termination of the Agreement pursuant to General Condition Section 11, including requiring the entire unpaid
loan balance and costs of collection immediately due and payable.
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2. Loss of future Environmental Management System grant funding.
3. Loss of retained grant funds.
5.5 Project Failure. In the event that the Project fails or ceases operations as originally proposed during the Term ofAgreement without prior Department approval, the Department may:1. Terminate the Agreement pursuant to General Condition Section 11.
5.6 Availability of Funds. Funding for this Project is subject to the continued financial support of the State of Iowa. If theState discontinues funding, this Agreement may be terminated or amended by the Department.
5.7 Unused Funds. Ninety (90) days after the end of the Time of Performance the Department shall de-obligate any un-used award monies from the Project.
ARTICLE VI. INSURANCE6.1 The Grantee shall submit to the Department a written statement to attest that the Grantee holds an adequate level
of insurance to insure items purchased with program funds. This documentation shall be submitted before the timeof purchase of grant and/or loan funded items unless approved by the DNR Project Officer.
6.2 The Department or its advisors shall have access for the purpose of examination of any insurance policy and
associated records regarding insurance coverage of any item purchased or constructed using funds under this
Agreement.
6.3 The Grantee shall maintain an adequate level of insurance for the period set forth under Term of Agreement.
6.4 The Grantee understands and agrees that the Department must approve any expenditure utilizing moneys receivedfrom the Grantee's insurer for the loss or damage of any jtem(s) purchased or constructed using grant funds during
the Term of Agreement. Failure to receive prior approval from the Department may result in termination of theAgreement pursuant to Section 11 of the General Conditions.
6.5 In the case where items are lost or damaged, and the Grantee has received payment from the Grantee's insurer for
this loss or damage, and the Grantee elects that these moneys will not be used to purchase replacement items orrepair damaged items, the Grantee shall pay the Department a percentage of these insurance moneys equal to thepercentage of grant and/or loan funds used in the original purchase of the item(s) lost or damaged for whichinsurance proceeds have been received during the Term of Agreement.
GENERAL CONDITIONS
SECTION 1. AGREEMENT NEGOTIATIONThe Grantee hereby agrees, upon commencement of Agreement negotiations, or after signature of the Agreement by
both the Grantee and the Department, to attend an Agreement consultation meeting at the Department's office, if so
requested by the Department. If the Grantee fails to attend the Agreement consultation meeting the Department shallbe free to terminate the Agreement negotiations or the signed Agreement, whichever applies, by the described method
in Section 11 of the General Conditions.
SECTION 2. ENTIRE AGREEMENTThis Agreement with all attachments and references constitutes the entire Agreement between the Department and theGrantee with respect to the subject matter hereof, and the Grantee acknowledges that it is entering into the Agreementsolely on the basis of the terms and conditions herein contained and not in reliance upon any representative statement,
inducement or promise, whether oral or written, not contained herein.
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SECTION 3. AMENDMENTThe Department or the Grantee may initiate an amendment to this Agreement. Any amendment is effective only if inwriting and agreed to by the Department and the Grantee. The amendment shall be effective as of the date it is agreedupon, unless otherwise specified in the amendment.
SECTION 4. AVAILABILITY OF DATAAll information and data obtained by the Grantee in connection with the Agreement shall be made available to theDepartment. Such information and data shall become the property of the Department except that which is necessary forthe patent or copyright purposes of the Grantee.
SECTION 5. ASSUMPTION OF RISK AND LIABILITIESThe Grantee shall assume all risks and liabilities in connection with the performance of the Agreement and shall beresponsible for all claims, demands, action or causes of action of whatever nature or character arising out of or by
reason of the execution or performance of the work provided for herein, except to the extent caused by the State of
Iowa. The Grantee shall indemnify and hold harmless the Department, its employees, agents or representatives, and the
State of Iowa from all claims, demands, actions or causes of actions, arising out of or by reason of the execution or
performance of the work provided for herein, and shall be responsible for all attorney fees, costs and expenses incurred
by the Department, its employees, agents or representatives and the State of Iowa, except to the extent caused by the
State of Iowa.
SECTION 6. TRANSFER OF WORK
The Grantee shall not transfer or assign any part or portion of the work on the Agreement without the prior writtenconsent of the Department.
SECTION 7. REVIEW OF WORKThe Department shall have the right to review and observe, at any time, completed work or work in progress on the
Agreement.
SECTION 8. LOCAL, STATE, AND FEDERAL LAW COMPLIANCE REQUIREMENTSThe Grantee shall comply with all local, state, and federal statutes, ordinances, and rules or other requirements
applicable to the establishment and operation of the Grantee's facility. Failure to comply with all local, state, and federalstatutes, ordinances and rules is grounds for termination of this Agreement pursuant to General Condition Section 11 ofthis Agreement.
SECTION 9. ACCOUNTS AND RECORDS9.1 The Grantee agrees to maintain books, documents, and other records pertaining to all costs and expenses incurred
and revenues acquired during this Agreement to the extent and in such detail as will properly reflect all costs, directand indirect, of labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature
for which reimbursement is claimed. The Grantee shall be prepared to support charges for salaries and wages bytime, attendance and payroll records.
9.2 The Department, State Auditor, or any of their duly appointed representatives, shall have access for the purpose of
audit and examination to any books, documents, papers and records of the Grantee which are pertinent at all
reasonable times during the period of retention provided for in Sections 9.3, 9,4, and 9.5 below and shall have the
right to make copies of excerpts or make other transcriptions thereof, subject to the provisions of 199 IowaAdministrative Code Section 1.9 and Iowa Code Chapter 22.
9.3 All records in the possession of the Grantee pertaining to this Agreement shall be retained by the Grantee for theperiod of five (5) years beyond the ending date set forth under Term of Agreement.
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Page 9 of 129.4 Records relating to any litigation or claim arising out of the performance of this Agreement, or costs or expenses of
this Agreement to which exception has been taken as a result of inspection or audit, shall be retained by theGrantee until such litigation, claim, or exception has been finally settled or until five years from the ending date ofTerm of Agreement has expired, whichever occurs later.
9.5 The Grantee, in maintaining Agreement expenditure accounts and records and reports, shall make any necessary
adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resulting from
any administrative reviews and audits by the United States or by the State of Iowa or by the Grantee. Suchadjustments shall be set forth in the financial reports filed with the Department.
SECTION 10. UNALLOWABLE COSTSThe following costs are unallowable under this Agreement:
a) Legal expenses for the prosecution of claims against the Department, the State of Iowa, the FederalGovernment, or any subdivision thereof;
b) The difference in costs between first class air accommodations and less than first class air accommodations,unless less than first class air accommodations are not available;
c) Costs incurred prior to the effective date of the Agreement;
d) Costs of preparing proposals for potential contracts;e) Bad debts (any losses arising from uncollectible accounts and other claims and related costs);f) Contingencies (contributions to a contingency reserve or any similar provision for unforeseen events);
g) Contributions or donations;h) Entertainment (costs of amusements, social activities, and incidental costs relating thereto, such as meals,
beverages, lodgings, rentals, transportation, and gratuities);
i) Fines and penalties (costs relating from violations of, or failure to comply with federal, state and local laws and
regulations);j) Other financial costs (interest on borrowings - however represented, bond discounts, costs of financing and
refinancing operations, and legal and professional fees paid in connection therewith);k) Insurance premiums and other costs associated with insuring items purchased using loan/grant funds;I) Office equipment such as furniture and computers, etc.
SECTION 11. TERMINATION OF AGREEMENT11.1 Termination for Cause - The Department may terminate this Agreement in whole or in part, at any time before the
expiration date, whenever the Department has determined that the Grantee has materially failed to comply withthe conditions of the Agreement. The Department shall promptly notify the Grantee in writing of thedetermination and reasons for the termination, together with the effective date.
11.1.1 In the event of Termination for Cause, the Department retains the right to cease all payments or
reimbursements to the Grantee, the right to seek recovery of all funds provided to the Grantee prior tothe date of termination, and the right to repossess all nonexpendable tangible personal propertypurchased or otherwise acquired with grant funds. In the event of Termination for Cause under this
subparagraph, the Department shall provide to the Grantee a Demand Letter establishing the grounds forTermination, notifying the Grantee that no additional funds will be provided to the Grantee (if applicable)and establishing the time frame for repayment of grant funds (if applicable). Grantee agrees that should itreceive a Demand Letter pursuant to this subparagraph, it will comply with the terms therein and furtheragrees that any and all legal fees incurred by the Department for recovery of funds after Termination willbe the responsibility of the Grantee.
11.2 Termination for convenience - The Department or Grantee may terminate the Agreement in whole or in part when
both parties agree that the continuation of the Agreement would not produce beneficial results commensuratewith the future expenditure of funds. The two parties shall agree upon the termination conditions, including theeffective date and, in the case of partial termination, the portion to be terminated. The Grantee shall not incur
new obligations for the terminated portion after the effective date and shall cancel as many outstanding
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obligations as possible. The Grantee shall prepare and deliver to the Department copies of a final report, withinsixty (60) days, summarizing the work performed and the results obtained to date, together with such informationand items which, if the Agreement had been completed, would have been required to be furnished to the
Department.
11.3 Grantee will pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorney's fees
incurred or paid by the Department in enforcing this Agreement.
SECTION 12. COPYRIGHTS AND USE OF DATA12.1 The term "subject data" as used herein includes research data and reports, writings, sound recordings, pictorial
reproductions, drawings or other graphical representations, and works of any similar nature which are specified to
be delivered under this Agreement. The term does not include financial reports, cost analyses, and similar
information incidental to Agreement administration.
12.2 The Grantee shall be considered the author of all original subject data.
12.3 The State may duplicate, use and disclose in any manner for any authorized State activity, and may allow others to
do so, all subject matter deliverable under this Agreement.
12.4 In the Event the Grantee secures a copyright in any subject data (as defined above), the Grantee agrees to anddoes hereby loan to the State, its officers, agents and employees acting within the scope of their official duties, aroyalty-free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of,
and to authorize others to do so for use by the State, its division, instrumentalities and local subdivisions, allsubject data now or hereafter covered by such copyright. If such subject data is not originated in the performanceof this Agreement, such license shall be only to the extent that the Grantee, its employees or any individual orconcern employed or assigned by the Grantee to originate and prepare such data under this Agreement, now has,
or prior to completion of final settlement of this Agreement may acquire, the right to grant such license withoutbecoming liable to pay compensation to others solely because of such grant.
12.5 The Grantee shall exert all reasonable efforts to advise the Department at the time of delivery of the subject datafurnished under this Agreement of all invasions of the rights contained in this Section.
12.6 The Grantee shall report to the Department promptly and in reasonable written detail, each notice or claim ofcopyright infringement received by the Grantee with respect to all subject data delivered under this Agreement.On receipt of this information, the parties hereto agree to confer to determine future uses to be made of the
subject data.
SECTION 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT13.1 The Grantee agrees to report to the Department promptly and in reasonable written detail, each notice or claim of
patent or copyright infringement based on the performance of this Agreement of which the Grantee hasknowledge.
13.2 In the event of any claim or suit against the Department, the State of Iowa, their employees, agents, or
representatives, or the United States, on account of an alleged patent or copyright infringement arising out of thework or services performed hereunder, the Grantee agrees to furnish the Department, upon request, all evidence
and information in the possession of the Grantee pertaining to such suit or claim. Such evidence and information
shall be furnished at the expense of the Department except where the Grantee has agreed to indemnify theDepartment.
SECTION 14. EQUIPMENT14.1 The Grantee shall provide the Department with the original invoice(s) of property purchased. Such purchased
property must correspond with approved Agreement items.
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14.2 The Grantee will keep an inventory of the property in their jurisdiction. Inventories must include the followingproperty characteristics: a) the serial number if applicable; b) the Agreement Number (if acquisition occurred aspart of the Agreement); c) its description; d) the date of acquisition; e) invoice number, if purchased; f) the original
purchase price; and g) the physical location of the property.
14.3 The Grantee shall maintain adequate levels of insurance and a control system to insure adequate safeguards toprevent loss, damage or theft to the property. Any loss, damage, or theft of property shall be investigated, fullydocumented and reported to the Department within sixty (60) calendar days of the occurrence.
SECTION 15. ASSIGNMENT OF INTERESTNeither the Agreement nor any interest therein nor claim thereunder shall be assigned or transferred by the Grantee toany other party or parties. Attempted assignment may be considered, at the option of the Department, to be asubstantial breach and cause for termination within the meanings of Section 11.1 of the General Conditions.
SECTION 16. PERSONNEL16.1 Selection - The Grantee represents that it has, or will secure, all personnel required in performing the work and
services under this Agreement. Such personnel shall not be employees of or have any contractual relationship withthe Department.
16.2 Qualification - All of the work and services required hereunder will be performed by the Grantee or under itssupervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and
local law to perform such services,
16.3 Change of Key Personnel - Any individual specified by name under the article Key Personnel within the SpecialConditions herein is considered essential to the work and services to be performed. If for any reason substitutionfor a specified individual becomes necessary, the Grantee shall provide immediate written notification of such tothe Department. The Grantee shall provide the name and resume of qualifications for the replacement individual.
Any replacement shall be subject to the approval of the Department.
SECTION 17. EFFECT OF INVALIDITfIf any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be declared to be invalid byany court of record in this state, such invalidity shall be construed to affect only such portions as are declared invalid orin conflict with the law and such remaining portions of the Agreement shall remain in effect and shall be construed as ifsuch invalid or conflicting portions were not contained herein.
SECTION 18. LITIGATION18.1 The Grantee agrees to pay reasonable attorneys' fees and costs incurred by the Department in any litigation
arising from failure of the Grantee to comply with the conditions or terms of this Agreement or resulting from thenegligence or incompetence of the Grantee. In carrying out the provisions of the Agreement or in exercising any
power or authority otherwise, it is understood that in such matters the Department acts for the State.
18.2 The venue for any cause of action based upon this Agreement by either party to this Agreement shall be in Polk
County, Iowa, and the law of the State of Iowa shall apply.
SECTION 19. ASSURANCE19.1 The Grantee shall not discriminate against any employee or applicant for employment because of race, creed,
color, religion, national origin, sex, age, political belief, or handicap, in its employment practices. Such
employment practices may include, but are not limited to, recruitment, recruitment advertising, hiring, layoff or
termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs,
or other forms of compensation and use of facilities.
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19.2 The Grantee will send to each labor union or representative or workers with which it has a collective bargainingagreement or other contract or understanding a notice advising the labor union or representative of the Grantee's
commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
19.3 The Grantee will comply with all relevant provisions of the Iowa Civil Rights Act and Iowa Code 19B.7, IowaExecutive Order #15 of 1973, and Title VI of the Civil Rights Act of 1964 (PL 88-352). The Grantee shall furnish allinformation and reports reasonably requested by the Department and will permit access to its payroll andemployment records by the Department or the Department's grantor agency for purposes of investigation to
ascertain compliance with this nondiscrimination clause consistent with Iowa Code Chapter 22. The Grantee maybe required to make available upon request its Affirmative Action Program containing goals and time deadline.Any breach of the above provisions shall be regarded as a material breach of Agreement and justification fortermination for cause.
19.4 In the event of the Grantee's noncompliance with the nondiscrimination clauses of this Agreement, this
Agreement may be canceled, terminated or suspended in whole or in part and the Grantee may be declared
ineligible for further action, and such sanctions may be imposed and remedies invoked, as provided by the IowaCivil Rights Act, Chapter 216, Code of Iowa, as heretofore and hereinafter amended, or as otherwise provided bylaw.
SECTION 20. CONTINGENT FEESThe Grantee warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for the Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay anycompany or person, other than a bona fide employee working solely for the Grantee, any fee, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement, For breach or violation of this
warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deductfrom the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
SECTION 21. OFFICERS NOT TO BENEFITNo officer or employee of the State shall participate in any decision relating to this Agreement which affects his or her
personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectlyinterested; or have any interest, direct or indirect, in this Agreement or the proceeds thereof.
925 Kerper Court Dubuque, IA 52001-2405 Phone: 563-589-4250 www.dmaswa.org
TO: The Dubuque Metropolitan Area Solid Waste Agency Board of Directors FROM: Kenneth Miller, Solid Waste Agency Administrator KM SUBJECT: Monthly Waste Minimization Grant Report DATE: January 9, 2020 INTRODUCTION
The purpose of this memorandum is to provide information on the Waste Minimization Grant Program. DISCUSSION
Activities for the Waste Minimization Grant for the month consisted of the following:
1) Discussed grant opportunity(s) with: a) Convivium about two different grant requests. b) Chuck Isenhart about an Earth Day related grant.
2) Grant(s) received:
a) Loras College – Hazardous Waste Storage b) Mt. St. Francis – Composting & Education
3) Outstanding grant(s):
a) Green Dubuque $33,184 (March 2018) i) Awaiting Final Report
b) Northeast Iowa Community College $2,500 (September 2018) i) Awaiting Final Report
Staff is recruiting additional citizens to the review committee. REQUESTED ACTION
This memo was provided for informational purposes on the performance of the grant program. No action is required.
Memorandum To: DMASWA Board and Staff From: Bev Wagner Date: January 3, 2020 Re: December, 2019 work report December 2 - 6
• Student worker planning
• School Contacts and planning
• Sustainable Schools AmeriCorp Planning
• Presentation: St. Columbkille 4th Grades 3Rs (32 students, with SSA)
• Weekly Staff Meeting
• Education resource sharing with Carroll County Educator
• EMS Core Team meeting
• EMS External Audit December 9 - 13
• Earth Day 2020 planning
• Sustainable Schools AmeriCorps weekly planning
• Fire Plan Training
• Presentation: St. Columbkille 4th Grades 3Rs (32 students, with SSA)
• Constant Contact newsletter
• School contacts
• Weekly staff meeting
• Presentation: Resurrection Environmental Club (12 people) (with SSA member)
• Presentation; Zoom Meeting with Green Iowa AmeriCorps Sustainable Schools Members (5 people)
December 16 - 20
• Landfill Tour: St. Columbkille 4th Grades (32 students, with SSA)
• Battery Recycling Campaign Planning
• Presentation: St. Columkille School – food scrap recycling (200 students, with SSA)
• Earth Year 2020 Planning
• SSA Planning
• TAG monthly planning meeting
• Weekly Staff meeting
• Agency Board Meeting
• EMS Core Team meeting
• Social Media Planning December 23 - 27
• Holidays – December 23 – 25
• Industry research reading
• Earth Year planning
• Website Education Resource Page content prep
Landfill Tours: 1 (32 people) Presentations : 5 (281 people) Special Events: 0
Sustainable Schools AmeriCorps work for DMASWA
Green Iowa AmeriCorps Monthly Report - Ashley Althoff & Codi Sharkey
To: Bev Wagner (DMASWA)
○ Dubuque County Energy District – assisted in planning LED swap opportunities for Dubuque County schools ○ Earth Year Planning – assisted with initial plans for Earth Year 2020 opportunities ○ Downtown Connections – contacted St. Mark’s and Multicultural Family Center ○ St. Columbkille 4th “Stuff” Education - Assisted w/classroom presentations and Recycling Center & landfill tours ○ Canticle of Creation - Assisted Lori Apel w/ program planning ○ Dubuque Rescue Mission - assisted with building raised beds ○ St.Columbkille – program planning
