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HomeMy WebLinkAboutA029 - Resolution approving Solid Waste Disposal Agreement with Carroll County, Iowa Solid Waste Management CommissionITEM #:30 DATE:07-08-25 DEPT:PW SUBJECT:SOLID WASTE DISPOSAL AGREEMENT WITH CARROLL COUNTY COUNCIL ACTION FORM BACKGROUND: The City is pursuing a new approach for the disposal of solid waste. This approach involves establishing a new Resource Recovery and Recycling Campus (R3C) to receive solid waste, recyclables, and yard waste. Under this new approach, the solid waste would be consolidated and transported to a landfill for disposal; recyclable materials would be forwarded to recyclers; yard waste material would be either composted on site or hauled off-site for disposal. A key component of this new approach is the final disposition of municipal solid waste (MSW) in a landfill. The City currently utilizes Boone County Landfill as the site for final disposition of the City's solid waste. However, the capacity of that landfill is limited, and it is necessary to secure disposal rights in an alternate facility. The City has negotiated an extension of rights to the Boone County Landfill through June 2027, while the City identifies a new permanent site and transitions away from waste-to-energy. Staff explored a variety of options for alternate partnerships. On December 10, 2024, City Council authorized staff to submit an Intent to Negotiate letter to the Carroll County Solid Waste Commission and to develop terms for a long-term agreement for the disposal of MSW. Carroll County Landfill contains ample future space, is within a reasonable driving distance, and importantly, shares the City's interest in mutual partnerships, waste reduction, and landfill diversion. Staff prepared and presented an agreement to Carroll County that includes the following highlights: The agreement term extends through June 30, 2047. Since there is a period in which the City will remain in Boone County's planning area for waste disposal, most of the disposal provisions of the agreement with Carroll County will only be in effect once the City's agreement with Boone County terminates. Tipping fees for MSW are $32.00 per ton through June 30, 2028 , with a 2% annual escalation. The City is responsible for the Iowa Department of Natural Resources (DNR) Solid Waste Tonnage Fee payable to the State of Iowa. This fee is variable based upon the amount waste that is diverted from landfilling through actions such as recycling and metal recovery. The fee is currently set at $2.60 per ton. The Carroll County Solid Waste Management Commission may elect to accept MSW from the R3C prior to July 1, 2027, if the expansion of a new landfill cell is ready to accept waste. 1 The agreement provides a method to further collaborate for mutual benefit including backhauling of recyclable materials from Carroll County to the R3C for greater collating of materials and maximizing the marketing of recyclable commodities. The Carroll County Solid Waste Management Commission voted on June 17, 2025, to negotiate an agreement with the City of Ames. Staff from both the City of Ames and the Carroll County Solid Waste Management Commission have worked to prepare an agreement that is acceptable for the final disposition of MSW from the R3C. This agreement is now being presented to City Council for approval. The Carroll County Solid Waste Management Commission is planning to have a special meeting on July 15 to approve the agreement as presented to City Council. This step is necessary to ensure that the agreement is fully executed prior the City of Ames closing on the properties along Freel Drive on July 18, 2025. Unless the City Council directs staff otherwise, the closing for the Freel Drive property transactions will take place as scheduled on July 17. With this agreement in place, the disposal cost portion of the operating expenses for the R3C is now settled. As staff reported to the City Council on June 24, 2025, it is estimated that the agreement with the Carroll County Solid Waste Management Commission, along with the anticipated operating and capital costs of the R3C, result in an FY 2027/28 tipping fee of $95.11 at the R3C. The next step is for staff to finalize the terms for new agreements with each of the partnering communities and agencies that make up the Resource Recovery System. Historically, Ames has served as the entity responsible for the disposal of solid waste for each of these partners. As the City transitions away from the existing Resource Recovery System, revised agreements with these partners will be necessary. These revisions will address the new model of waste disposal, and importantly would extend the duration of the agreements, allowing for the City to plan for the amounts to be disposed of and the repayment of the debt obligations. ALTERNATIVES: 1. Approve the Solid Waste Disposal Agreement with Carroll County, Iowa Solid Waste Management Commission. It should be noted that the agreement will not be finalized until the Carroll County Solid Waste Management Commission approves the document which is scheduled to occur at its special meeting on July 15. 2. Direct staff to make changes to the agreement. 2 CITY MANAGER'S RECOMMENDED ACTION: The agreement for landfilling of MSW is a critical component of the R3C operations. A long-term agreement with the Carroll County Solid Waste Management Commission has been negotiated, securing the future of the final disposition of MSW from Ames and its partner communities. This agreement represents a vital step in the development of the R3C project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Final Agreement - COA and Carroll County for waste disposal July 8, 2025.pdf 3 CARROLL COUNTY, IOWA, SOLID WASTE MANAGEMENT COMMISSION CITY OF AMES, IOWA SOLID WASTE DISPOSAL AGREEMENT July 8, 2025 4 1 AGREEMENT This Agreement is entered into this _____ day of __________, 2025, between the Carroll County Solid Waste Management Commission (Commission) with main offices located at 19111 Kittyhawk Avenue, Carroll, Iowa, 51401, and the City of Ames, Iowa, (Ames), with main offices located at 515 Clark Avenue, Ames, Iowa, 50010. RECITALS WHEREAS, the City of Ames is responsible, through 28E intergovernmental agreements, for the processing and disposal of solid waste for itself and partnering agencies and communities within Story County, Iowa; and, WHEREAS, the City of Ames does not operate a sanitary disposal project for the final disposal of solid waste for its residents and partners, but rather contracts with a separate solid waste agency for the final disposal of solid waste; and, WHEREAS, since 1975, the City of Ames has operated a Resource Recovery System, whereby solid waste is received, recyclable materials are removed, usable portions of the processed material is converted into a supplemental fuel for the City’s Power Plant boilers, and the remaining portion is landfilled; and, WHEREAS, the City of Ames intends to cease the use of processed solid waste as a supplemental boiler fuel, and will construct and operate a Resource Recovery and Recycling Campus where solid waste will be processed to remove recyclable materials before the remaining portion is landfilled; and, WHEREAS, the Carroll County Solid Waste Management Commission owns and operates a sanitary disposal project (i.e., a landfill) according to State and federal law, which has sufficient capacity and resources to provide for the final disposition of the City of Ames’ and its partnering agencies’ and communities’ waste; and, WHEREAS, through joint cooperation, the Carroll County Solid Waste Management Commission and the City of Ames seek to engage in a partnership to reduce the volume of landfilled material and use their combined resources to reuse, process, and recycle waste in a manner that satisfies the fiscal and environmental interests of both parties; and WHEREAS, the Carroll County Solid Waste Management Commission and the City of Ames desire to enter into a long-term agreement pursuant to these objectives; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Carroll County Solid Waste Management Commission and the City of Ames agree as follows: 5 2 ARTICLE I A. Definitions. For the purposes of this Agreement the following definitions shall apply: Acceptable Waste means Solid Waste or other state- or federally- regulated materials currently accepted by the Commission for final disposal at a Commission facility. Acceptable Waste currently includes asbestos and medical (non-infectious) wastes which are subject to Iowa Department of Natural Resources (DNR) special waste authorization requirements. Agreement means this Agreement between the Commission and Ames covering conditions for the disposal of solid waste and other acceptable waste. Cleanup Costs means costs incurred in the mitigation of damages from a hazardous condition or the cleanup of a hazardous substance involved in a hazardous condition. The terms “hazardous condition” and “hazardous substance” are assigned the meanings set forth in Section 455B.381, Code of Iowa (2025). Commercial Hauler means any individual or business licensed or contracted in the City of Ames or in any of the jurisdictions that are members of the Resource Recovery System operated by the City of Ames, to collect Solid Waste within the City of Ames or the Resource Recovery System member jurisdiction(s) and transport it to the Resource Recovery and Recycling Campus, or the member jurisdictions themselves when transporting their own solid waste to the Resource Recovery and Recycling Campus. Commission means the Carroll County Solid Waste Management Commission formed pursuant to an intergovernmental agreement under Section 28E of the Code of Iowa. DNR means the Iowa Department of Natural Resources. DNR tonnage fee means the tonnage fee created by the Iowa Legislature and paid by the City of Ames. Hazardous Waste means waste defined in Section 455B.411, Code of Iowa (2025) or source, special nuclear, or by-product materials as defined in the Atomic Energy Act of 1954, as amended. Hazardous waste shall be further defined to mean and include a solid, semisolid liquid, liquid or contained gaseous material that either is listed in 40 C.F.R., part 261.22, or exhibits any of the characteristics of ignitibility, corrosivity, reactivity or EP toxicity as defined in 40 C.F.R., parts 261.20 through 261.24 or as included by definitions within state or local law or ordinance, and successor provisions, including explosives and radioactive, toxic, pathological, biological, and other hazardous wastes that require special handling in their collection, treatment, storage, or disposal, and containers used for such products; materials that, when burned, would release hazardous gases, fumes or particles into the atmosphere; any radioactive materials; and paints, acids, caustics, poisons and drugs. 6 3 Landfill means the sanitary landfill, Iowa DNR permit #14-SDP-01-74, owned and operated by the Carroll County Solid Waste Management Commission. Liability means the legal responsibility accruing to the Commission and/or the City of Ames for the prevention or cleanup of environmental contamination caused by the disposal of solid waste in the Commission Landfill. Permit means permit #14-SDP-01-74 issued by the Iowa Department of Natural Resources to the Commission which allows the Commission to operate solid waste management and disposal facilities. Recyclable materials mean newsprint, corrugated cardboard, high-grade paper, container glass, iron, steel, copper, aluminum, high-density polyethylene (HDPE) and polyethylene terephthalate (PET) plastic containers, textiles, and any other collected material in the City of Ames’ recycling program in the future. Resource Recovery and Recycling Campus means a facility operated by Ames for the collection of solid waste from Ames and its partnering units of state and local government, where once delivered, some or all of the solid waste is consolidated into Transfer Trucks for delivery to and final disposal in the Landfill. Self-hauler means any individual transporting solid waste generated only by that individual’s residence or place of business to the Resource Recovery and Recycling Campus. Solid Waste means garbage, rubbish, and other similarly discarded solid or semi-solid materials, including but not limited to such materials resulting from residential, industrial, commercial, agricultural, and domestic activities but not including Hazardous Wastes. Solid Waste tipping fee means that fee established by the Commission that is charged for the disposal of other Acceptable Wastes delivered to the Landfill for final disposal. For the purposes of this Agreement, it is understood that the Solid Waste tipping fee is as set forth in the Agreement and covers the services described herein. Transfer Truck means a truck and/or trailer transporting Solid Waste from the Resource Recovery and Recycling Campus to the Commission Landfill for final disposal. Unacceptable Waste means any Hazardous Wastes or any waste that currently is banned by state or federal law from final disposal in landfills or other wastes as mutually agreeable. B. It is understood that the City of Ames, through 28E intergovernmental agreements with units of state and local government geographically located within Story County, Iowa, is responsible to provide for the solid waste disposal of those units of state and local government, and the solid waste transported to the Commission’s facilities for disposal as described in this Agreement shall consist of solid waste from Ames and its partnering units 7 4 of state and local government, all of which, for the purposes of this Agreement, shall be treated as if it is solid waste from the City of Ames. 8 5 ARTICLE II DELIVERY AND DISPOSAL OF ACCEPTABLE WASTE A. Ames shall have access to the Landfill for delivery of Acceptable Waste during the days and hours the Landfill is open for Carroll County residents and haulers. The Commission agrees to provide Ames with the scheduled days and hours of operation, and to notify Ames of any anticipated modifications to the schedule as soon as practicable once the need for a schedule change is known. 1. It is understood that from time to time, it may be necessary for the hours of operation of the Landfill to be temporarily modified due to weather conditions, reasons of safety, or other exceptional circumstances. Such schedule changes shall be solely up to the judgment of the Commission or its designated staff person, who shall promptly notify Ames of the need for the change and its duration. 2. In the event Ames requests the right to deliver Acceptable Waste to the Landfill outside of scheduled hours of operation, the Commission shall make a reasonable effort to accommodate the request, provided that (1) Ames provides advance notice of the request and (2) compliance with the request does not violate the Commission’s permit. Ames agrees to reimburse the Commission for any expenses incurred by the Commission in accommodating the request, provided the Commission furnishes Ames with an estimate of the costs in advance of the delivery. B. Acceptable Waste shall be delivered to the Landfill in a covered vehicle. All haulers delivering Ames’s waste shall be required to collect and properly dispose of any Solid Waste that may fall from their vehicle due to a violation of this requirement. C. The Commission agrees to provide and operate scale facilities for the weighing of Ames Transfer Trucks up to 96,000 pounds gross vehicle weight. The Commission shall ensure that the scale meets any and all accuracy requirements adopted or enforced by the Weights and Measures Bureau of the Iowa Department of Agriculture and Land Stewardship and shall be maintained in good operating condition. Each Transfer Truck shall be weighed prior to entering the Landfill and following exit from the Landfill to determine the net weight of delivered Solid Waste. D. Acceptable Waste shall be disposed of in areas of the Landfill as directed by Commission employees. E. The Commission reserves the right to reject any Hazardous Waste or Unacceptable Waste delivered to the Landfill and to periodically check for Hazardous Waste or Unacceptable Waste in loads delivered to Landfill by any Transfer Truck, Commercial Hauler, or Self- Hauler. 9 6 F. If a Transfer Truck delivers Hazardous Waste from Ames to the Landfill, the Commission shall segregate the Hazardous Waste and notify Ames. The Commission shall provide Ames with as much information as the Commission has available regarding the Hazardous Waste and its delivery (e.g., the amount and nature of the Hazardous Waste, the approximate timing of the delivery, the Transfer Truck making the delivery, etc.). Ames shall, within 72 hours, make arrangements for proper transportation and disposal of the Hazardous Waste. Any fees and/or charges associated with the transportation and disposal of Hazardous Waste shall be solely the responsibility of Ames. Ames agrees to pay all damages, costs, and expenses that result as a consequence of Hazardous Waste or Unacceptable Waste being delivered by any Ames Transfer Truck to the Landfill. G. The Commission shall be responsible for maintaining the Landfill in accordance with federal and state regulations and requirements and for completing/obtaining all permits, reports and plans required to comply with those federal or state regulations. H. Ames shall continue to operate individual management programs at its facilities for materials such as Household Hazardous Waste, mixed paper recycling, cardboard recycling, scrap metals, and yard waste. Ames’ management programs for Recyclable Materials shall be operated in a manner consistent with its Comprehensive Plan and Iowa DNR goals. I. Acceptable Wastes subject to Iowa DNR special waste authorization requirements must be delivered to the Landfill in a manner consistent with all applicable state and federal regulations and special waste authorizations. Acceptable Wastes will not be accepted unless all appropriate documentation and authorizations have been received. J. Ames agrees that during the period in which this Agreement is in effect, all Solid Waste consolidated at Ames’ Resource Recovery and Recycling Campus, except for those items listed in Article II, Paragraph H and any other materials as mutually agreed upon between Ames and the Commission, shall be delivered to the Landfill for disposal. 10 7 ARTICLE III COLLABORATION FOR MUTUAL BENEFIT A. In recognition of the limitations of available space within the Landfill for the disposal of Solid Waste, and the mutual desire of the Commission and Ames to preserve landfill space, reduce pollution, and serve as faithful stewards of the environment, the Commission and Ames agree to seek opportunities to collaborate for their mutual benefit. B. Ames shall provide periodic updates to the Commission regarding initiatives, partnerships, and vendor relationships being employed by Ames to recycle and otherwise divert material from disposal at the Landfill, and shall identify any specific opportunities that may exist for Recyclable Materials or other materials (e.g., yard waste, electronic waste, etc.) from the Commission’s service area to be recycled or put to beneficial reuse through Ames’ initiative(s). C. If suitable to convey the material, Ames shall consider the use of its Transfer Trucks to convey materials from the Commission’s facilities to the Resource Recovery and Recycling Campus on their return trips from the Landfill. Ames will endeavor to minimize costs associated with back-haul transportation of the materials, but reserves the right to consider the time necessary to load the Transfer Truck for the return trip to the Resource Recovery and Recycling Campus when determining the fees and charges associated with accepting materials from the Commission’s service area. D. Ames agrees to provide public education materials and initiatives related to solid waste disposal, reuse, and recycling for residents within its service area. The Commission may furnish any specific educational messages (e.g., materials acceptable or not acceptable for disposal in a landfill, etc.) to Ames for incorporation into its educational messaging. 11 8 ARTICLE IV RECORD-KEEPING AND REPORTING A. The Commission shall prepare and maintain proper, accurate and complete records of accounts of all transactions related to this Agreement. The Commission shall provide Ames with: 1. An oral and written notification of the delivery by Ames of any Unacceptable Waste to the Landfill, and 2. Monthly and annual reports containing the amount of Solid Waste and Acceptable Waste delivered to the Landfill. Such reports shall contain a breakdown of tonnages delivered by Transfer Trucks, Commercial Haulers, and Self-Haulers from Ames and its partnering agencies and jurisdictions. The Commission shall provide Ames with the monthly report within 20 calendar days of the end of each month. The Commission shall provide Ames with an annual report, audit and copy of the next fiscal year’s proposed budget within 60 days after the end of each calendar year. B. The Commission grants to Ames or its agents, at Ames’ expense, the right to inspect all books, records, plans, financial statements and other similar materials of the Commission insofar as they relate to the terms and conditions of this Agreement, upon reasonable notice to the Commission and during normal business hours. C. Ames shall provide the Commission or its agents with local records, materials, data, and other pertinent information required by the Commission to successfully undertake its obligations under this Agreement. 12 9 ARTICLE V PAYMENTS AND FEES A. The Commission shall invoice Ames monthly for Ames Acceptable Waste delivered by Ames Transfer Trucks and disposed of in the Landfill. Ames agrees to pay the Commission within 30 days of receipt of the Commission’s invoice. The Commission agrees to accept payment via electronic transaction and will furnish Ames with any documents or authorizations required by Ames’ Finance Department to make electronic payments. B. Ames shall only be responsible for paying for Acceptable Waste deposited in the Landfill by its own Transfer Trucks unless arrangements to the contrary have been made in advance between Ames and the Commission. If a Commercial Hauler or Self-Hauler delivers solid waste to the Landfill, the Commission agrees to seek payment from such Commercial Hauler or Self-Hauler directly. C. The Solid Waste tipping fee for Solid Waste delivered by Ames via its Transfer Trucks shall be set at $32.00 per ton from the effective date of this Agreement through June 30, 2028. The Solid Waste tipping fee will be increased 2% at the beginning of each fiscal year on July 1 thereafter. The City of Ames will pay the DNR tonnage fee directly to the State of Iowa. 1. Notwithstanding the foregoing, any new mandatory fees imposed by state or federal authorities may be passed on to Ames through the Solid Waste tipping fee at the time such new fees enter into effect (i.e., not limited to annually) upon the Commission providing written notice to Ames of the increase and the reasons therefor. The Commission will make efforts to provide advance notice to Ames of such fees to the extent practicable. D. Charges for disposal of wastes requiring special waste authorization from the State of Iowa or the Landfill shall be as established on a case-by-case basis by the Landfill. E. Unless an arrangement to the contrary has been made in advance between Ames and the Commission, Self-Haulers and Commercial Haulers delivering directly to the Landfill from Ames or its partnering jurisdictions or agencies will be charged the same rate as the solid waste tipping fee charged by Ames’ Resource Recovery and Recycling Campus. 13 10 ARTICLE VI TRANSITION A. It is understood that Ames is party to an Agreement for Joint and Cooperative Action for Waste Disposal Operations with Boone County, Iowa, which expires June 30, 2025. Ames intends to seek an extension of that agreement for a period not to exceed two years (to June 30, 2027), for the purpose of providing Ames and the Commission sufficient time to prepare the staffing, equipment, and procedures necessary to accommodate Ames’ solid waste disposal at the Commission’s facilities. B. During the period in which Ames remains a party to that Agreement for Joint and Cooperative Action for Waste Disposal Operations with Boone County, Iowa, the provisions of Articles II-V of this Agreement between Ames and the Commission shall be inoperative. Ames agrees to provide notice to the Commission of not less than thirty (30) days prior to the expiration or termination of its agreement with Boone County. C. To facilitate an orderly transition, the Commission agrees that Ames’s representatives may visit or inspect the Landfill during the normal hours of operation after providing the Commission reasonable notice. Any such visit shall be conducted in a manner that does not cause undue interference with the Commission’s operations. All visitors to the Landfill shall comply with all applicable safety and security rules adopted by the Commission. 14 11 ARTICLE VII TERM OF AGREEMENT; TERMINATION A. Recognizing that: 1) Ames may be able to begin operations of its Resource Recovery and Recycling Campus prior to July 1, 2027, and 2) Ames will incur substantial debt for its facility necessitating 20-year bonds that will begin repayment in 2027: This Agreement shall be in effect from July 1, 2025, until June 30, 2047, unless terminated earlier under the provisions of this Agreement, and may be extended thereafter by mutual agreement of the parties hereto. B. Due to the need for the Commission to procure land and prepare for the disposal of Ames solid waste, the Commission may, at its option, decline to accept some or all Ames solid waste prior to July 1, 2027. The Parties agree to cooperate to determine a mutually acceptable date upon which to begin accepting Ames solid waste prior to July 1, 2027. Beginning July 1, 2027, the Commission may not decline to accept Ames solid waste except as otherwise provided by this Agreement. C. This Agreement may be terminated as follows: 1. Ames may terminate this Agreement under any of the following circumstances: i. If the Commission fails or is unable to complete any contractual obligation herein, and having received from Ames a notice to cure the same, has not done so within thirty (30) days; or ii. For any reason if Ames provides notice to the Commission of its intent to terminate this Agreement not less than one (1) year in advance of the desired termination date; or iii. For any reason if the Commission provides notice to Ames of its intent to terminate this Agreement nor less than one (1) year in advance of the desired germination date; or iv. Automatically upon Ames seeking and being awarded membership status in the Commission as evidenced by the execution of a membership agreement. In such an event all future dealings between the parties will be governed by the membership agreement, and this Agreement shall be terminated as of the date of the membership agreement. 2. The Commission may terminate this Agreement if Ames fails or is unable to complete any contractual obligation herein and having received from the Commission a notice to cure the same, has not done so within thirty (30) days. 3. Either party may terminate this Agreement under any of the following circumstances: 15 12 i. If the Commission is dissolved; or ii. If a change in state or federal law makes it impossible for one or both parties to comply with both the material terms of this Agreement and the requirements of the state or federal law, provided that the party intending to terminate this Agreement under this paragraph first confers with the other party and makes a good faith effort to identify possible modifications to this Agreement or alternative arrangements that will satisfy the requirements of the state or federal law. 16 13 ARTICLE VIII LIABILITY A. Pursuant to both state and federal laws that award any and all parties disposing of waste in a Landfill some proportionate share of the responsibility for current and future environmental contamination of the Landfill, Liability for Clean Up Costs shall be assessed as follows: 1. To the Commission, Ames, any of Ames’ partnering units of state and local government, or any business or industry therein that contributed the waste causing the contamination if the source of contamination can be accurately determined. 2. If the source of contamination cannot be accurately determined, then Ames shall share in the clean-up costs on a proportionate basis of the tonnage of waste delivered by Ames’ Transfer Trucks to the contaminated Landfill cell as compared to the overall tonnage of waste delivered by all users to the contaminated Landfill cell as evidenced by written records of deliveries, provided the Commission furnishes records demonstrating that waste loads to the contaminated Landfill cell underwent periodic inspections and the Commission adopted and enforced rules and regulations pertaining to contamination prevention at all times during the delivery of all waste to the contaminated Landfill cell. 3. Notwithstanding the foregoing, Ames shall not be responsible for cleanup costs related to contamination that may be accurately determined to have existed prior to the delivery of waste from Ames to the Landfill, or any contamination arising from a failure of the Commission to perform maintenance of the Landfill, or arising from an act of misconduct, recklessness or negligence by the Commission, its officers, agents or employees. 17 14 ARTICLE IX INSURANCE A. The Commission agrees that in order to protect itself and Ames it will at all times of this Agreement keep in force and effect casualty and property insurance policies issued by a company or companies authorized to do business in the state of Iowa, which policies shall provide General Liability coverage with limits not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and Automobile Liability coverage with limits not less than $1,000,000 combined single limit per accident. The Commission shall furnish a copy of the certificate(s) of insurance to Ames upon request. B. Ames agrees that in order to protect itself and the Commission it will at all times of this Agreement keep in force and effect casualty and property insurance policies issued by a company or companies authorized to do business in the state of Iowa, which policies shall provide General Liability coverage with limits not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and Automobile Liability coverage with limits not less than $1,000,000 combined single limit per accident. 18 15 ARTICLE X MISCELLANEOUS A. This Agreement, including all attachments incorporated by reference, represents the entire Agreement between the Commission and Ames. No modification of this Agreement shall be considered valid unless reduced to writing and adopted by mutual consent of both the Commission and Ames. B. Representatives of the Commission and Ames shall meet not less than semi-annually to discuss the implementation of this Agreement and any other matters of mutual concern. C. Any notice or other communication required or permitted hereunder shall be in writing and will be deemed sufficiently given only if delivered in person or when sent by first class mail, postage prepaid, return receipt requested, and addressed as follows: If to the Commission: Carroll County Solid Waste Management Commission Attn: Solid Waste Director 19111 Kittyhawk Avenue Carroll, IA 51401 If to Ames: City of Ames, Iowa Attn: Public Works Director 515 Clark Avenue Ames, IA 50010 D. All parts and provisions of this Agreement are severable. If any part or provision herein shall be held invalid, the remaining parts and provisions of this Agreement shall remain in full force and effect. E. The Commission and Ames bind themselves jointly and severally, their successors, executors, administrators, and assigns in respect to all covenants of this Agreement. (signatures follow on the next page) 19 16 CARROLL COUNTY, IOWA, SOLID CITY OF AMES, IOWA WASTE MANAGEMENT COMMISSION __________________________________ __________________________________ By: XXXXXXXX, Chair By: John A. Haila, Mayor Attest: Attest: __________________________________ __________________________________ 20