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HomeMy WebLinkAboutA021 - Resolution approving contract with Schupan Recycling for Recycling Process ServicesITEM #:23 DATE:06-23-26 DEPT:PW SUBJECT:RECYCLING PROCESSING SERVICES CONTRACT AWARD COUNCIL ACTION FORM BACKGROUND: The City's new curbside recycling program begins on July 1, 2026. The program will service almost 14,000 households and is anticipated to collect 2,500 tons of recyclable materials each year. Materials including glass, cardboard, plastic, paper, and metal will be collected commingled and must be processed at a Material Recovery Facility (MRF) before being sold to recyclers. The per-household, per-month fee for curbside recycling is $7.75. This amount has been calculated to cover the costs of carts, collection and hauling, and administration (billing and customer service). In addition, the monthly fee covers the costs related to processing and disposal (this contract). A partnership with a MRF will allow the City to m aximize the diversion rate of recyclable materials and minimize landfill waste, ensuring all materials are sold into legitimate recycling markets, and minimizing transportation and overall service costs. The City’s Resource Recovery and Recycling Campus (R3C) is expected to become operational by July 2027. Before this date, material will be directly hauled to the MRF in collection trucks by the City’s contracted recycling collection provider. After the R3C is operational, material will be delivered from collection trucks to the R3C. At the R3C, the staff will have the opportunity to observe the material and remove any obvious, large contamination before consolidating the materials into City-owned transfer trailers for hauling to the MRF. City staff issued a Request For Proposals (RFP) on May 12, 2026, seeking a firm to provide recycling processing services. Services include receiving, processing, sorting, marketing, and selling recyclable materials to recyclers. Proposals were due June 2, 2026, and one proposal was received. An evaluation team reviewed the proposal based on: 1) Location and capabilities of facility, 2) Compliance with City's terms and conditions, 3) Support of City goals, 4) Experience and qualifications, and 5) Cost. One proposal was received, and the score is provided in the table below. Firm Evaluation Rank Total Score Schupan Recycling, Des Moines, IA 1 800 The evaluation team issued follow-up questions and received responses. After review, the team determined the proposal from Schupan Recycling, Des Moines, IA was acceptable. The facility that will serve as the MRF has served the region for 47 years. It was purchased by 1 Schupan, a Midwest-based recycling firm, in 2022. Schupan has demonstrated experience and qualifications, and the evaluation team believes they will provide the services necessary to support the City's recycling efforts. The City has had previous positive working experience with Schupan in the past on an as-needed basis. The RFP requested two pricing options: Option 1 includes a flat processing fee per ton of material. Option 2 includes a flat processing fee with revenue sharing based on the average market value. Revenue sharing is common in MRF contracting and would enable the City to capitalize on variable recycling commodity market pricing. Average market values are determined by auditing the City's material to determine its makeup (percent of cardboard, plastic, glass, etc.). Audit percentages are then combined with current market values for each commodity to calculate a blended value per ton. A percentage of the revenue gained by selling recyclable material would be shared with the City, and the actual amount would fluctuate based on current market values. Audits are performed annually or can be requested on an as-needed basis to verify the commingled recycling makeup. Schupan's fee proposal is detailed below, including an example revenue sharing calculation using May 2026 pricing. Positive values indicate the City will receive that amount; negative (parenthesized) values indicate the City will pay that amount. Option 1: ($50) per ton Option 2: ($75) per ton with 40% revenue sharing Pricing will remain firm throughout the initial two-year contract term beginning July 1, 2026, for either option. Option 2 example revenue sharing calculation: Line Item Amount Processing Fee ($75) per ton Revenue Share: 40% of May 2026 value of $85.76/ton $34.30 per ton ($85.76 x 40%) Net City fee per ton, May 2026 example ($40.70) per ton City staff is recommending pricing Option 2. While the recycling commodity markets present some risk, staff believes Option 2 will be the lower cost option long-term. The City will have the opportunity to re-evaluate pricing structure after the initial two-year contract term. The estimated contract cost is approximately $100,000 annually. The amount budgeted is $141,550 annually. The City will receive monthly reports indicating the current market rate for each commodity and the corresponding revenue-share available to the City. The reports also indicate the percent of material that is non-recyclable and considered waste material that is ultimately landfilled. Schupan has shared the following information with the City regarding what happens with 2 recyclable materials that are processed in its facility and how they are reused: Mixed paper and cardboard are processed at various mills and made into new containerboard and corrugated packaging. Glass is crushed into cullet, then used to make new glass containers, fiberglass insulation, and aggregate in infrastructure projects. Plastics are baled and shipped to be molded into pellets which in turn are used in carpet manufacturing. Metals are sorted, baled, and shipped to various mills to be reused as sheet metal, cans, and new steel products. ALTERNATIVES: 1. Award a two-year contract (with a non-appropriation clause) to Schupan Recycling of Des Moines, IA with Option 2 to pay for services based on revenue sharing. 2. Award a two-year contract (with a non-appropriation clause) to Schupan Recycling of Des Moines, IA with Option 1 to pay for services on a flat-fee basis. 3. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: The City must partner with a Material Recovery Facility (MRF) to process recyclable material collected in the City's curbside recycling program. Although there are two options to consider for pricing, staff believes that the Option 2 pricing reflects the best value for the City. The City has utilized the services of Schupan Recycling in the past to market commodities. This experience has been positive and Schupan Recycling is a responsive partner to the City's needs and will aid in reaching the City's recycling and waste diversion goals. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): City of Ames Contract 062226.pdf 3 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 1 RECYCLING PROCESSING SERVICES AGREEMENT between CITY OF AMES, IOWA and Schupan – Iowa LLC Agreement Date _________________, 2026 Contract Start Date July 1, 2026 Initial Term Expiration June 30, 2028 Pricing Option Option 2 – Flat Fee + Revenue Share THIS RECYCLING PROCESSING SERVICES AGREEMENT (the "Agreement") is made on _________________, 2026, by and between: City of Ames, Iowa, a municipal corporation ("City"), with offices at City Hall, 515 Clark Ave., Ames, Iowa 50010; and Schupan – Iowa LLC a Michigan corporation authorized to do business in Iowa ("Contractor"), operating its recycling processing facility located at 2742 E Market Street, Des Moines, Iowa 50417 (the "Facility"). WHEREAS, the City issued Request for Proposal No. 2026 -130 for Recycling Processing Services and Contractor submitted a response thereto; and WHEREAS, the City plans to provide curbside recycling services beginning July 1, 2026, and desires to engage Contractor to receive, process, sort, and market single -stream recyclable materials on the terms and conditions set forth herein; NOW, THEREFORE, the parties, for themselves, their successors and assigns, in consideration of their respective undertakings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby covenant and agr ee as follows: 1.0 TERM The term of this Agreement shall be for a period of two (2) years commencing on July 1, 2026 and extending through June 30, 2028 ("Initial Term"). Costs shall remain firm throughout the Initial Term with no cost escalation. 4 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 2 Thereafter, this Agreement shall be eligible for up to three (3) additional annual renewal terms (each a "Renewal Term"), subject to mutual written agreement of the parties no later than ninety (90) days prior to the expiration of the then-current term. Non-appropriation of Funds: Although the City has already allocated funds for the anticipated cost of these services, notwithstanding other provisions of any award resulting from this Request for Proposal, if funds anticipated for the fulfillment of this agreement are at any time not forthcoming or insufficient, then the City reserves the right to terminate this agreement without penalty by giving not less than 30 days written notice documenting the lack of funding. 2.0 SERVICES AND REVENUE SHARE 2.1 The City shall deliver (or cause to be delivered) to the Facility, and Contractor shall receive and process, single-stream recyclable materials ("Recyclables"), as further described in Exhibit A. Upon acceptance of each delivery, Contractor assumes full responsibility for the Recyclables. 2.2 Contractor shall pay the City a revenue share as set forth in Exhibit A, calculated monthly based on the blended market value per ton of Recyclables processed. If the per -ton processing charge exceeds the City's share of the stream value, the City shall pay Contractor the net amount within thirty (30) days of invoice. If the City's share of the stream value exceeds the per -ton processing charge, Contractor shall pay the net amount to the City on or before the 15th of the month following the month of de livery. 2.3 By the 5th of each month, Contractor will provide the City a detailed monthly report of all Recyclables received in the previous month, including: date and time of delivery, truck number/ID, net weight, applicable commodity values, blended value per ton ca lculation, revenue share calculation, and net amount owed by or to the City. 2.4 Contractor shall provide monthly market index reports to the City, including the most recently available pricing for all recyclable commodities, using the index sources identified in Exhibit A. 2.5 Title and risk of loss of the Recyclables shall transfer to Contractor at the time of delivery to the Facility. 3.0 QUALITY 3.1 The City warrants that, at the time of delivery, all Recyclables shall meet the following specifications: capable of being recovered, processed, and reused in the production of new products, components, or raw materials. Accepted materials include at minimum: mixed paper, cardboard, glass containers, plastic containers with twist-off lids, and metal cans. Recyclables exclude hazardous waste, medical waste, and materials contaminated beyond the thresholds set forth in Section 3.2. 3.2 Loads may be rejected if they: (a) contain more than thirty percent (30%) by weight or volume of non - recyclable or contaminated materials; (b) contain hazardous or toxic materials; or (c) include materials with significant food contamination or excessive moisture. In the event of a rejected load, Contractor shall transport 5 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 3 the material to a landfill or disposal site at the City's cost. The City shall reimburse Contractor for hauling and disposal costs within thirty (30) days of invoice. If contamination is disputed, Contractor may remove non - recyclables in the presence of the City to determine compliance. 3.3 If a load contains excessive contamination or another material quality concern, Contractor shall notify the City as soon as practical and provide supporting documentation, including photographs and a description of the issue. Contractor’s approach is to work collaboratively with City staff to identify the source of the contamination and develop practical solutions that maintain program quality while minimizing disruption. Contractor’s preference is to resolve issues through communication and partnershi p rather than penalties. Disposal fees will be a cost pass through from a hauler providing services and only be considered in situations where contamination issues persist after notification, discussion, and reasonable opportunities to address the concern. 3.4 Contractor shall provide ongoing feedback to the City regarding contamination, including the general types of contamination found and the specific truck numbers and loads delivering the contamination. The parties shall work together to address contamination trends through City resident education and outreach programs, with the shared goal of supporting the long-term success of the City’s recycling program. 4.0 OPERATIONS 4.1 Contractor's standard staffed receiving hours are Monday through Friday, 7:00 a.m. to 3:30 p.m CST. In addition, Contractor provides 24-hour-per-day, 7-day-per-week self-service access for the City as an approved customer, allowing delivery when collection routes are completed. The Facility will be closed on the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas. Any changes to receiving hours require thirty (30) days' prior written notice to the City. 4.2 The Facility shall accommodate curbside collection vehicles, roll -off trucks, and transfer trailers. The Facility provides a minimum vertical clearance of 14 feet and adequate turning radius for a 53 -foot tractor and trailer. 4.3 Contractor will provide all necessary equipment and supplies associated with weighing vehicles under this Agreement. Contractor agrees to weigh all inbound deliveries on a State Certified Scale with a current State Certified Seal and shall provide a scale ticket to the City's vehicle operator at the time of each delivery. Net weight records shall be submitted to the City on a monthly basis and must be disputed by the City within ten (10) calendar days. 4.4 Contractor shall provide an initial baseline material composition study within thirty (30) days of the commencement of this Agreement, and shall repeat the study annually throughout the contract term. Reports of findings shall be submitted to the City. Composition studies shall be conducted at Contractor's cost. Composition percentages shall be determined through physical sorting and weighing of representative material samples using industry-standard methodologies. 4.5 Contractor shall handle, store, and process the Recyclables in accordance with all applicable laws, rules, and regulations, including environmental and zoning regulations. Contractor shall obtain and maintain all governmental licenses or permits required by law and shall provide the City evidence of compliance upon request. Contractor shall be responsible for all costs related to disposal of residual waste generated from accepted materials, except in the event of rejected loads as provided in Section 3.2. 6 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 4 4.6 Contractor shall recycle the Recyclables for reuse and shall not deposit any Recyclables in landfills, except residue remaining after appropriate processing. Contractor shall not ship or sell Recyclables outside of the United States without prior written consent of the City. 4.7 Contractor assumes the obligation to ensure that all of its employees are legally authorized to work in the United States pursuant to all applicable immigration, child labor, and employment laws. 4.8 Contractor shall work collaboratively with the City to support public education and outreach activities regarding the recycling program, including information on accepted materials, end markets, and best practices for residents. 4.9 The City makes no commitment or guarantee as to the minimum or maximum quantity of Recyclables to be delivered under this Agreement. Estimated annual tonnage is approximately 2,500 tons, based on the City's projections. Beginning July 1, 2026, deliveries will be made by collection trucks (approximately two per day, four days per week). Beginning approximately July 2027 (when the City's Resource Recovery and Recycling Campus becomes operational), deliveries will shift to transfer trailers. 5.0 INSURANCE Contractor shall procure and maintain at its own expense, during the term of this Agreement, at least the following insurance covering activities performed under this Agreement: Coverage Minimum Limits Workers' Compensation Statutory Employer's Liability $1,000,000 each occurrence Commercial General Liability (Incl. Completed Operations, Contractual Liability) $2,000,000 per occurrence $3,000,000 annual aggregate Automobile Liability $2,000,000 per occurrence $3,000,000 annual aggregate Umbrella / Excess Liability $5,000,000 per occurrence All policies shall be endorsed to name the City of Ames, Iowa, its officers, and employees as additional insureds to the extent of liability assumed hereunder, and shall provide for thirty (30) days' prior written notice of termination, cancellation, or material change in coverage. Contractor shall provide certificates of insurance to the City within ten (10) days of executing this Agreement and upon each policy renewal. 6.0 INDEMNIFICATION To the extent permitted by law each party agrees to indemnify, save harmless, and defend the other, its affiliates, officers, directors, shareholders, employees, and agents from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses inciden t thereto (including costs of defense, settlement, and reasonable attorneys' fees), which an indemnitee may hereafter incur, become responsible for, or pay out as 7 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 5 a result of death or bodily injuries to any person, destruction or damage to any personal property, or any violation of governmental laws, regulations, or orders, to the extent caused by the other party's breach of this Agreement or by any negligent act, negligent omission, or willful misconduct of the other party, its agents, employees, or subcontractors in the performance of this Agreement. The obligations described in this Section shall survive termination or expiration of this Agreement for any incident or event occurring prior to such termination or expiration. 7.0 DEFAULT If a party defaults in the performance of any warranty, representation, term, condition, or provision contained in this Agreement, the non-defaulting party shall notify the defaulting party of the default. The defaulting party shall have thirty (30) days to remedy the default, except that if the default is in the payment of money, the defaulting party shall have ten (10) days to remedy the default. In the event of an uncured default, in addition to any other remedies available under law, the non -defaulting party may terminate this Agreement immediately upon written notice. In addition, if a party fails to pay any sums when due more than two (2) times during the term, the other party shall not be required to allow the defaulting party to remedy the default an d may terminate the Agreement immediately upon written notice. 8.0 INSOLVENCY If a party or any company owning more than fifty percent (50%) of such party: (i) does not pay its debts as they become due; (ii) admits in writing its inability to pay its debts; (iii) becomes insolvent; (iv) makes a general arrangement or assignment for the benefit of creditors; (v) undertakes any action or proceedings seeking relief as a debtor under any bankruptcy or insolvency law; or (vi) seeks appointment of a receiver, liquidator, or similar official, the other party may immediately terminate this Agreement by giving written notice. 9.0 NOTICES All notices, requests, demands and other communications hereunder (including notices of all asserted claims or liabilities) shall be in writing and shall be either delivered personally, or mailed by certified U.S. Mail, postage prepaid, return receipt requested, or sent by reputable overnight courier to the addresses herein designated or such other address as may be designated in writing by notice given in the manner provided herein, or by email, and shall be effective upon personal delivery thereof or upon receipt if sent by certified mail or twenty four (24) hours after deposit with an overnight courier, on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. If to City: If to Contractor: City of Ames, Iowa Attn: Justin Clausen, Director of Public Works City Hall, 515 Clark Ave. Ames, Iowa 50010 Phone: 515.239.5160 Schupan - Iowa LLC Attn: David Mueller 2742 E Market Street Des Moines, Iowa 50417 Phone: (515) 201-9317 8 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 6 Email: Justin.clausen@cityofames.org Email: David.Mueller@Schupan.com Either party may change its contact person or address by giving the other party notice in the manner provided in this Section. 10.0 MISCELLANEOUS 10.1 Assignment. This Agreement is not assignable by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld. A transfer by a party of substantially all of its assets to another entity, or the merger or consolidat ion of a party with another entity, or the transfer of a controlling ownership interest, will be deemed to constitute an assignment of this Agreement. Subject to the foregoing, this Agreement is binding upon the successors and assigns of each party. 10.2 Force Majeure. Neither party shall be responsible for any delays, losses, damages, or failures of performance where such failures are due to causes beyond the control of either party, including acts of God, acts of public enemy, riot, disorder, epidemic, fire, storm, flood, civil disturbance, explosion, interference by civil or military authorities, strike, statute, ordinance, government order or ruling, or similar cause. Force Majeure shall not include financial inability to perform. 10.3 Relationship of Parties. Nothing contained in this Agreement shall create a partnership, joint venture, fiduciary, or agency relationship between the parties. Contractor is an independent contractor solely responsible for the compensation, benefits, and supervision of its employee s. 10.4 Waiver. Neither party's waiver of any default or failure to enforce any term of this Agreement shall in any way affect such party's right thereafter to enforce strict compliance. No waiver shall be effective unless expressed in writing and signed by the waiving party. 10.5 Rights and Remedies. Any specific right or remedy provided in this Agreement shall not be exclusive, but will be cumulative of all other rights and remedies set forth herein or allowed by law. 10.6 Litigation. If there is any litigation between the parties with respect to this Agreement, then the prevailing party (after all appeals are exhausted or the time for appeals has expired) shall be entitled to recover court costs and reasonable and demonstrable attorneys' and experts' fees in addition to such other relief as the court may award. These rights and obligations survive expiration and termination of this Agreement. 10.7 Survival. Any term or condition intended by its terms to be observed after expiration or termination shall survive and continue in full force and effect. 10.8 Governing Law. This Agreement shall be governed by and construed according to the laws of the State of Iowa. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Story County, Iowa for any dispute arising under or related to this Agreement. 10.9 Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which together shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid. 9 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 7 10.10 Entirety of Agreement; Modification. This Agreement constitutes the entire agreement and understanding between the parties with respect to the matters contained herein and supersedes all prior negotiations, representations, warranties, and understandings, including Contractor's RFP response t o RFP No. 2026-130. This Agreement may be modified or amended only by a written instrument executed by both parties. If any provision is declared invalid or unenforceable, the parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent of the severed provision. 10.11 Prohibited Interest. No officer or employee of the City of Ames, including members of City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, consistent with Section 362.5 of the Iowa Code. 10.12 Confidentiality. Neither party shall disclose the terms of this Agreement or proprietary and other confidential information in connection with this Agreement (including financial, volume, or pricing data) to a third party, except to such party's employees, lenders, attorneys, accountants, or advisors who have a need to know, or as required to comply with any applicable law, regulation, or court or regulatory proceeding, including Iowa's Open Records Law (Iowa Code Ch. 22). Contractor acknowledges th at City contracts may be subject to public disclosure under Iowa law. 10 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 8 SIGNATURE PAGE The authorized signatures for the City of Ames, Iowa and Schupan – Iowa LLC. below signify their acceptance of the terms of this Agreement. CITY OF AMES, IOWA Authorized Signature Printed Name Title Date SCHUPAN – IOWA LLC. Authorized Signature Printed Name Title Date 11 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 9 EXHIBIT A PROCESSING RATES AND REVENUE SHARE I. Processing Rates and Revenue Share — Option 2 a. Residential Single Stream (RSS) — City of Ames Deliveries Processing Charge: $75.00 per ton Revenue Share: 40% of the Blended Value per Ton, as calculated in Section II below Net City Cost (illustrative May 2026 example): ($40.70) per ton II. Calculating Stream Value and Revenue Share a. Contractor shall perform an initial material composition audit within thirty (30) days of contract commencement. Until then, the parties agree to use the composition set forth in the table below. Upon the City's request, Contractor shall perform additional material composition audits. b. Stream value is calculated monthly. To calculate the Blended Value per Ton: for each commodity type recovered from City materials, multiply the quantity of that commodity recovered (in tons) by the applicable market price per ton for that commodity during the billing month; sum the resulting dollar values across all commodity types; then divide by total tons of City materials received during the billing month. c. If the City's 40% share of the stream value exceeds the $75.00 per -ton processing charge, Contractor shall pay the net revenue share to the City. If the stream value is negative, the City's share of the stream value shall equal $0.00. d. Market prices for each commodity shall be based on the RISI PPI Pulp and Paper Week index (for fiber commodities), the Secondary Material Pricing Index (for non -fiber commodities excluding glass), and current market value for glass, as identified in the ta ble below. If any index is no longer reflective of prevailing market conditions, either party may propose an alternative publication or method; substitution requires written agreement, not to be unreasonably withheld. Illustrative Calculation — May 2026 The following example illustrates the revenue share calculation using May 2026 market conditions (actual monthly figures will vary): Line Item Amount Processing Fee ($75.00) per ton Blended Market Value per Ton (May 2026) $85.76 per ton 12 Recycling Processing Services Agreement | City of Ames & Schupan – Iowa LLC. | Page 10 Revenue Share to City (40% × $85.76) $34.30 per ton Net City Cost per Ton (May 2026 Example) ($40.70) per ton Note: This example is illustrative only. Actual monthly net costs will vary based on commodity market conditions. Commodity Composition and Market Index Reference Commodity Est. % Mix Market Index Notes OCC / Cardboard [TBD] RISI PPI Pulp & Paper Week Mixed Paper [TBD] RISI PPI Pulp & Paper Week PET Plastic (#1) [TBD] Secondary Material Pricing Index HDPE Plastic (#2) [TBD] Secondary Material Pricing Index Mixed Plastics [TBD] Secondary Material Pricing Index Aluminum Cans [TBD] Secondary Material Pricing Index Steel / Tin Cans [TBD] Secondary Material Pricing Index Mixed Glass [TBD] Market Value Typically negative value Other [TBD] Secondary Material Pricing Index [Note: Contractor shall populate the Est. % Mix column upon completion of the initial composition audit within 45 days of contract commencement. Specific index sources for non -fiber commodities to be agreed in writing prior to contract execution.] 13