memorandum - mwatoday.com · the method used with the d8t dozer extends the life of the landfill....

18
300 E. Locust Street, Suite 100 Des Moines, IA 50309 515-244-0021 MEMORANDUM DATE: July 13, 2018 TO: MWA Board Members CC: MWA Staff FROM: Michael McCoy, Executive Director RE: Wednesday, July 18, 2018, Board Meeting This month’s board meeting is scheduled for Wednesday, July 18 th , 2018, at 5:45 p.m. in the boardroom at Central Office (300 East Locust Street, Ste. 100, Des Moines, Iowa). If you have questions about any items listed below, please call me at 323-6535 (w) or 707-3869 (c). I look forward to seeing you on Wednesday. The following numbered items correspond with the number of the item on the agenda: Consent Agenda Items for Approval 8. Resolution 07-18-03 - Approval of Parking Contract with City of Des Moines– Action for Approval Metro Waste Authority and the City of Des Moines have come to a mutual agreement on terms for parking at the East Second Parking Garage. The agreement is for 55 parking spaces at $120.00 per month, ($6,600 per month) for a ten-year term starting October 1 st , 2018. The contract is included in the packet. Recommend approval. 9. Resolution 07-18-04 - Approval of Recommendation of Executive Director’s FY 17/18 Performance Review and FY 18/19 Salary Adjustment – Action for Approval A performance review and compensation discussion for the Executive Director was performed by the Chair of the Metro Waste Authority Board of Directors, Dean O’Connor, and Vice Chair, Mark Holm. The review considered performance for FY 17/18 and a salary adjustment recommendation for FY 18/19. Additional information is available in the packet. Recommend approval. 1 of 18

Upload: lykien

Post on 07-Sep-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

300 E. Locust Street, Suite 100

Des Moines, IA 50309 515-244-0021

MEMORANDUM

DATE: July 13, 2018 TO: MWA Board Members CC: MWA Staff FROM: Michael McCoy, Executive Director RE: Wednesday, July 18, 2018, Board Meeting This month’s board meeting is scheduled for Wednesday, July 18th, 2018, at 5:45 p.m. in the boardroom at Central Office (300 East Locust Street, Ste. 100, Des Moines, Iowa). If you have questions about any items listed below, please call me at 323-6535 (w) or 707-3869 (c). I look forward to seeing you on Wednesday. The following numbered items correspond with the number of the item on the agenda: Consent Agenda Items for Approval 8. Resolution 07-18-03 - Approval of Parking Contract with City of Des Moines– Action for

Approval Metro Waste Authority and the City of Des Moines have come to a mutual agreement on terms for parking at the East Second Parking Garage. The agreement is for 55 parking spaces at $120.00 per month, ($6,600 per month) for a ten-year term starting October 1st, 2018. The contract is included in the packet. Recommend approval.

9. Resolution 07-18-04 - Approval of Recommendation of Executive Director’s FY 17/18

Performance Review and FY 18/19 Salary Adjustment – Action for Approval A performance review and compensation discussion for the Executive Director was performed by the Chair of the Metro Waste Authority Board of Directors, Dean O’Connor, and Vice Chair, Mark Holm. The review considered performance for FY 17/18 and a salary adjustment recommendation for FY 18/19. Additional information is available in the packet. Recommend approval.

1 of 18

Page 2: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

Board of Directors 2018 Calendar Year

Dean O’Connor Chair

Mark Holm Vice-Chair

Dean O’Connor

Altoona

Mark Holm Ankeny

Wes Enos Bondurant

John Edwards

Clive

Josh Mandelbaum Des Moines

Kevin Smith

Elkhart

David Gisch Grimes

Matt Brown Johnston

Dean McGee Mitchellville

Ed Kuhl Norwalk

Barb Malone Pleasant Hill

Rob Sarchet

Polk City

Tom Hockensmith Polk County

Gerald Lane

Runnells

Ron Pogge Urbandale

John Mickelson

West Des Moines

Threase Harms Windsor Heights

Michael McCoy Executive Director

MWA Board Meeting

July 18, 2018

Metro Waste Authority Board Meeting July 18, 2018

MWA Central Office

300 E. Locust Street, Suite 100, Des Moines, IA 50309 5:45 p.m.

Agenda

SPECIAL ELECTRONIC MEETING PURSUANT TO IOWA CODE

SECTION 21.8 Dial-In Number – 1.800.235.4500

Pass Code – 9186 436# (In case of difficulty, call 515-490-3791)

1. Call to Order, Roll Call 2. Approval of Regular Agenda 3. Public Forum CONSENT AGENDA The following are routine items enacted by one roll call vote without separate discussion unless someone, Board or Public, requests an item be removed for consideration: 4. Approval of Consent Agenda – Items 4 through 9

5. Consideration of Minutes June 20, 2018, Metro Waste Authority Board Meeting

– Action for Approval

6. Resolution 07-18-01 - Consideration of May 2018, Financial Statements – Action to Receive and File

7. Resolution 07-18-02 - Consideration of June 2018, Monthly Expenditures –

Action for Approval 8. Resolution 07-18-03 - Approval of Parking Contract with City of Des Moines–

Action for Approval

9. Resolution 07-18-04 - Approval of Recommendation of Executive Director’s FY17/18 Performance Review and FY18/19 Salary Adjustment – Action for Approval

END CONSENT AGENDA 10. Director’s Report

11. Chair’s Report 12. General Board Discussion and Other Business 13. Correspondence

14. Adjournment

August Executive/Finance: Meeting: August 1, 2018, MWA Central Office, 300 E. Locust Street, Suite 100, Des Moines, IA 50309, 12:00 p.m. August Board Meeting: August 15, 2018, MWA Central Office, 300 E. Locust Street, Suite 100, Des Moines, IA 50309, 5:45 p.m.

Page 3: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

300 E. Locust Street, Suite 100

Des Moines, IA 50309 515-244-0021

June 20, 2018 Unofficial Metro Waste Authority Board Meeting Minutes

1. Call to Order

The meeting was held at Metro Waste Authority’s Central Office. Mark Holm, Vice Chair, called the June 20, 2018, Metro Waste Authority board meeting to order at 5:45 p.m. A quorum was present.

Roll Call – MWA Board Representatives/Alternates in Attendance Jeremy Boka, Altoona Mark Holm, Ankeny Wes Enos, Bondurant John Edwards, Clive Josh Mandelbaum, Des Moines David Gisch, Grimes Jon Woods, Mitchellville Ed Kuhl, Norwalk Tom Hockensmith, Polk County Gerald Lane, Runnells David McKay, Urbandale Threase Harms, Windsor Heights

2. Approval of Regular Agenda

Moved by Polk County, seconded by Mitchellville, to approve the June 20, 2018, board meeting agenda as presented. Motion carried unanimously by voice vote.

3. Public Forum

There were no requests to address the Board. ______________________________________________________________________ CONSENT AGENDA The following are routine items enacted by one roll call vote without separate discussion unless someone, Board or Public, requests that an item be removed for consideration:

4. Approval of Consent Agenda – Items 5 through 11

Moved by Clive, seconded by Polk County, to approve the Consent Agenda, items 5 through 11.

5. Consideration of Minutes of May 16, 2018, Metro Waste Authority Board Meeting – Action for Approval

6. Resolution 06-18-01 - Consideration of April 2018, Financial Statement - Action to Receive and File

7. Resolution 06-18-02 - Consideration of May 2018, Monthly Expenditures -

Action for Approval

3 of 18

Page 4: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

8. Resolution 06-18-03 - Approval of Municipal Solid Waste Agreement for West Des Moines Extension - Action for Approval

9. Resolution 06-18-04 – Approval of Agreement for Revenue Sharing with Respect to the Collection of Solid Waste Extension - Action for Approval

10. Resolution 06-18-05 – Approval of Compost It! Yard Waste Bag Warehousing and

Delivery Agreement Extension - Action for Approval 11. Resolution 06-18-06 – Approval of Central Office Pool Car - Action for Approval

END CONSENT AGENDA ____________________________________________________________________________ Regular Agenda Items for Approval - Items 12 and 13 12. Resolution 06-18-07 - Approval of D8T Dozer Purchase for Metro Park East Landfill –

Action Item Moved by Polk County, seconded by Mitchellville, to approve Resolution 06-18-07. Motion carried unanimously by voice vote. Michael McCoy, Executive Director, reported that the D8T Dozer will replace the current D9T dozer. The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer with frost ripper with warranty for $596,850. The replacement is budgeted in the 17/18 Capital Equipment Fund.

13. Resolution 06-18-08 - Approval of Hydro Seeder Purchase for Metro Park East Landfill -

Action Item Moved by Clive, seconded by Windors Heights, to approve Resolution 06-18-08. Motion carried unanimously by voice vote. Michael McCoy reported Metro Park East has successfully utilized spray on alternate daily cover (ADC) to the landfill for many years using a modified hydro seeder. The ADC helps extend the life of the landfill by reducing the amount of soil required for daily cover. The proposed hydro seeder is $79,300 from New Waste Concepts and is a budgeted item

14. Director’s Report

Michael McCoy reported Central Office is in the process of purchasing a 2018 Chevy Volt to replace the 2008 Jeep Commander. The Chevy Volt is an electric vehicle that is being purchased on state bid through Karl Chevrolet. Compost sales have officially started at Metro Park East landfill with the closure of Metro Compost Center on Harriet Street in Des Moines. Metro Park East Wetlands project has secured $102,000 in grant money from NRCS, Polk County SWCD, and Urban Conservation Projects. The benefits of having wetlands are natural water quality improvements, flood protection, shoreline erosion control, and natural animal habitats. The Disposal Operations Manager at Metro Park East Landfill has been posted. The changes in operations staff over last year has allowed us to make a deliberate,

4 of 18

Page 5: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

thoughtful evaluation of operations. The new emphasis on our values is one very positive change coming from our evaluations. Cleanup of the DRA Properties site, formally Phoenix C&D Recycling, is ongoing. Michael McCoy and Jim Wallace visited the site late last week to continue discussion on disposal needs of remaining material. The July 2018 Executive Finance meeting will not be held in observance of the Fourth of July holiday. The July board meeting will be held at Central Office (300 E. Locust Street, Ste. 100, Des Moines, Iowa) on Wednesday, July 18, 2018 at 5:45 p.m.

15. Adjournment

Meeting adjourned at 6:21 pm. __________________________________ _____________________________

Michael McCoy, Executive Director Dean O’Connor, Chair

5 of 18

Page 6: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

6 of 18

Page 7: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

7 of 18

Page 8: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

8 of 18

Page 9: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

1

Metro Waste Authority Board Monthly Board Meeting

July 18, 2018 AGENDA ITEM 8

ITEM: Approval of Parking Contract with City of Des Moines. SUMMARY: MWA is contracting with the City of Des Moines for fifty-five parking spaces in the East Second Garage for a ten-year term commencing on October 1, 2018 and ending September 31, 2028. DISCUSSION POINTS: After serval years of parking displacement of staff and 300 E. Locust tenants, the parking garage on East Second is complete. Staff worked with our property management company, R&R Realty Group, and the City of Des Moines to come to mutual agreement on terms. The City of Des Moines is offering MWA 55 parking spaces at $120 per month, totaling $6,600 per month. Staff recommends approval. ATTACHMENTS: Proposed contract included in packet. CONTACT: Michael McCoy Phone: 515-323-6535

9 of 18

Page 10: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-1-

EAST SECOND PARKING LICENSE AGREEMENT

This Parking License Agreement ("Agreement") is entered into as of this _____ day of _____________________, 2018 by and between the CITY OF DES MOINES, IOWA, a municipal corporation ("City") and DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY d/b/a The Metro Waste Authority (“Metro Waste”), an Iowa Code Chapter 28E legal entity having an office for transaction of business at 300 East Locust Street, Des Moines, Iowa. W I T N E S S E T H: WHEREAS, Metro Waste desires to use parking spaces within the city parking garage located in the vicinity of East Second Street and Grand Avenue in conjunction with the use of its building located at 300 East Locust Street; and WHEREAS, to enable such parking, the City agrees to grant to Metro Waste a license to use parking spaces in the East Second Garage pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

1. Term. The City hereby grants to Metro Waste the right to use fifty-five (55)

parking spaces in the East Second Garage for a ten (10) year term commencing on October 1, 2018 and ending September 31, 2028, subject, however, to the limitations set forth in this Agreement. Fifty-five (55) represents the number of parking spaces that the City is required to license to Metro Waste, and that Metro Waste is required to license from the City, pursuant to this Agreement. 2. Right to Use Licensed Spaces.

a) The City hereby grants to Metro Waste the right to use the fifty-five (55) parking spaces licensed by Metro Waste for vehicle parking in parking areas designated by the City in the East Second Garage.

b) Metro Waste’s use of such parking spaces in the East Second Garage shall be

subject to the reasonable rules and regulations as established by the City and as such may be changed from time to time. The City shall endeavor to provide written notice to Metro Waste of any changes the rules or regulations prior to their implementation. The City will operate, maintain and provide security at the East Second Garage at a level of service comparable to other City-owned parking facilities. The City may make, modify and enforce reasonable monthly parking rules and regulations relating to the parking of vehicles in the East Second Garage and shall abide by such reasonable monthly parking rules and regulations. Metro Waste shall promptly pay any fees or charges due the City pursuant to such rules and regulations. Fees include late payment fees or lost card fees. The City will continually monitor the number of monthly and transient parkers in the Garage to ensure that Metro

10 of 18

Page 11: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-2-

Waste’s use of the parking spaces licensed by Metro Waste will be accommodated in the Garage.

c) The City will issue to Metro Waste a parking sticker and/or access card for

each licensed space which will authorize parking in the East Second Garage of a vehicle upon which the sticker is displayed, or the City will provide a reasonable alternative means of identifying and controlling vehicles authorized to be parked in the East Second Garage. The City may designate the area within which each such vehicle may be parked, and the City may change such designation from time to time, however, no parking spaces shall be reserved or designated in preferred locations. The City may terminate this Agreement as to any space, person, card, sticker or credential for violation of its monthly parking rules or regulations. The City shall send notice to Metro Waste as to any violation of its monthly parking rules and regulations specific to any person, card, sticker, or credential. Metro Waste shall have thirty (30) days to cure said default in accordance with Section 9. If uncured beyond the referenced cure period, the City shall have the right to declare the particular vehicle/parker/violation as not allowed in the East Second Garage. Any such specific default shall not have the effect of reducing the total number of spaces accorded to Metro Waste under this Agreement.

3. Rent.

a) As rental for the parking spaces licensed by the City to Metro Waste under this Agreement, Metro Waste agrees to pay the City a monthly license fee equal to the prevailing monthly floater rate charged for each parking space at the East Second Garage under Des Moines Municipal Code Sections 114-665.05 or successor Code section multiplied by the number of licensed parking spaces in such Garage.1 The monthly license fee paid under this Agreement for the licensed parking spaces shall be immediately increased to the prevailing market rate for parking determined by the City as reflected by an increase to the monthly floater rate charged at the East Second Garage under an amendment to Des Moines Municipal Code Section 114-665.05 or successor Code section. The City shall endeavor to provide written notice to Metro Waste of any increase to the monthly license fee prior to its implementation.

b) An invoice of said total monthly rental fee shall be sent to Metro Waste, with

a copy to Metro Waste’s designated management company, payable in advance on the first day of each and every month during the term of this Agreement and a pro rata portion of such sum shall be payable in advance for any particular calendar month in the event this Agreement terminates on a date other than the last day of the calendar month.

4. Limitations. Metro Waste's rights under this Agreement are subject to limitations, as

follows:

1 The monthly rental at commencement assuming no increase to the monthly floater rate for the East Second Garage in effect October 1, 2018 shall be $120 x 55 = $6,600.

11 of 18

Page 12: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-3-

a) Metro Waste's right of use is subject to the rights of other users of the East Second Garage approved by the City on the same or similar basis as Metro Waste and not in conflict with the terms of this Agreement, provided, however, that other users of the East Second Garage will not adversely impact the use of the licensed parking spaces by Metro Waste.

b) The City may temporarily interrupt Metro Waste's use of the East Second

Garage in its discretion for repairs, maintenance or safety. The City shall endeavor to provide written notice to Metro Waste of the temporary interruption of use for repairs, maintenance or safety as soon as reasonably practical. In the event any licensed parking spaces are not available because of any of the above events, the rent shall abate pro rata during the time said spaces are unavailable and the City shall refund to Metro Waste any amount previously paid for abated rent. The City shall assist Metro Waste in finding replacement parking spaces in other City garages at the prevailing monthly floater rates for such garages, provided the City at its sole discretion determines that such replacement parking spaces are available and the license thereof to Metro Waste does not interfere with or adversely impact the goals, objectives and operation of its parking facilities downtown to accommodate and provide parking for other customers including the demand of hourly and transient parkers throughout the downtown and the license thereof to Metro Waste does not violate City parking system revenue bond covenants and restrictions or adversely impact the tax-exempt status of City parking system revenue bonds.

c) This Agreement provides for a mere license of use as described herein within

the East Second Garage while the City uses such Garage for public parking of vehicles. It does not obligate the City to continue such use of or continue ownership of the East Second Garage. In the event the City discontinues use of the East Second Garage for public parking of vehicles or transfers ownership of the Garage this Agreement shall terminate as to any licensed spaces in the Garage.

d) The City may use the East Second Garage during times of off-peak usage,

including during off-hours, weekends and holidays to provide for vehicle parking in such Garage for individuals attending entertainment events, sporting events and special events in the downtown area. The City shall retain all proceeds derived from event parking use of such Garage and the City shall have no obligation to refund rent. Notwithstanding the above, Metro Waste shall not be required to remove or relocate vehicles to accommodate such event parking use of such Garage. The City will monitor such event parking use of such Garage to ensure that Metro Waste’s use of the parking spaces licensed by Metro Waste will be accommodated in such Garage during such event parking.

5. Damage or Destruction. If the East Second Garage shall be destroyed, damaged or

rendered unusable, either in whole or in part, by fire or other casualty, the City in its sole discretion may determine whether to rebuild or restore such Garage. Either party may terminate this Agreement or absent such termination, this Agreement shall continue in full force and effect for the remaining usable licensed parking spaces and the monthly rental obligation shall be abated pro rata for the unusable portion of the licensed parking spaces.

12 of 18

Page 13: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-4-

6. Surrender of Possession. Upon expiration of the term of this Agreement, whether by early termination, lapse of time or otherwise, Metro Waste shall promptly and peacefully surrender use of the licensed parking spaces and return all parking access and/or identification cards or credentials to the City.

7. Sub-license. During the term of this Agreement, Metro Waste may, subject to the written approval of the City, sub-license the use of parking spaces covered herein to other parties. All such use shall remain subject to the City's rights under the law and this Agreement. Metro Waste shall remain liable for payments and performance of its obligations under this Agreement.

8. City Default - Metro Waste Remedies. The following event shall constitute a material

default and breach of this Agreement by the City:

(i) the failure of the City to comply with any of the terms and conditions of this Agreement within thirty (30) days after written notice of such failure has been given by Metro Waste to the City.

In the event of such material default, Metro Waste shall have the right to terminate

this Agreement upon written notice to the City and notwithstanding whether Metro Waste exercises such right to terminate, Metro Waste shall have available all legal and equitable remedies to enforce performance and observance of any obligation, agreement or covenant of the City under this Agreement.

9. Metro Waste Default - City Remedies. The occurrence of one or more of the following events shall constitute a material default and breach of this Agreement by Metro Waste:

(i) the failure by Metro Waste to comply with any of the provisions set forth in Section 3 related to the payment of rental fees for parking; or

(ii) the failure of Metro Waste to comply with any of the other terms and

conditions of this Agreement within thirty (30) days after written notice of such failure has been given by the City to Metro Waste.

In the event of any such material default by Metro Waste, the City shall have the right

to terminate this Agreement upon written notice to Metro Waste and notwithstanding whether the City exercises such right to terminate, the City shall have available all legal and equitable remedies necessary to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement or covenant of Metro Waste under this Agreement.

10. Public Use of Garage. The East Second Garage is devoted for public use as part of the City’s parking facilities system enterprise to provide for the public parking needs and continued vitality of the downtown. This Agreement provides for a mere license of use of parking spaces in the Garage pursuant to the terms and limitations set forth herein in accordance with the City’s operation of the Garage for the public parking of vehicles. All fees and charges for parking derived herein are considered revenues of the City’s parking facilities system enterprise devoted to payment of the expenses for operation and maintenance of the parking facilities system enterprise. Notwithstanding

13 of 18

Page 14: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-5-

the above, in the event that on the basis of the terms of this Agreement, any part of the East Second Garage is determined to be subject to property taxation under Iowa Code Chapter 427 by an authorized officer, agency or department of the State of Iowa or Polk County, Iowa or by a Court, the City may, upon prior written notice to Metro Waste, unilaterally modify the terms of this Agreement as necessary to retain property tax exempt status for the Garage and if retainage of tax exempt status is unsuccessful the City may terminate this Agreement. In the event of such termination, the parties shall in good faith negotiate terms of a new parking license agreement that will not result in property taxation for the Garage or will fully compensate the City for the additional Garage operational costs attributable to property taxation.

12. Non-Waiver. Waiver by either party of any breach of any term, covenant or condition

herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained unless so provided in writing by the parties.

13. Indemnification. Metro Waste shall bear all responsibility and liability for the negligence, fault and willful conduct of its own agents, employees, contractors, invitees or other parties using the parking spaces licensed herein. Metro Waste hereby agrees to indemnify and hold the City harmless against and from any and all claims for damages or injury arising from the fault, negligence or willful conduct of its own agents, employees, contractors, invitees or other parties using the parking spaces licensed herein. The City assumes no responsibility whatsoever for loss or damages to vehicles and their contents and the personal property of individuals utilizing the East Second Garage pursuant to this Agreement unless such loss or damages is caused by the operation of a City vehicle.

14. Attorney’s Fees. If the City and Metro Waste litigate any provision of this Agreement or the subject matter of this Agreement, the unsuccessful litigant will pay to the successful litigant all costs and expenses, including reasonable attorneys' fees (including, as applicable, the costs of services provided by the City’s Legal Department) and court costs incurred by the successful litigant for services leading up to and including trial and any subsequent appeal.

15. Severability. If any term of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term to a person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby and each term of this Agreement shall be valid and enforceable to the full extent permitted by law.

16. No Partnership. Nothing herein shall be deemed or construed by the parties hereto, nor any third party, as creating the relationship of co-partners between the parties or constituting Metro Waste as an agent or representative of the City.

17. Successors and Assigns. The City shall have the right to assign, mortgage or otherwise encumber all of its right, title and interest in the East Second Garage at any time without notice to Metro Waste. Metro Waste may, subject to written approval of the City, assign its rights and interests under this Agreement to a subsequent owner of the building located at 300 East Locust Street. Neither the City nor Metro Waste shall be released from their obligations under this

14 of 18

Page 15: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-6-

Agreement pursuant to any such assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators and assigns.

18. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except only by an instrument in writing and signed by the party against whom enforcement of any waiver, amendment, change, modification or discharge is sought.

19. Waiver of Jury Trial. The City and Metro Waste each irrevocably waives all right to

trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any instrument or document delivered hereunder.

20. Notices. All notices under this Agreement must be delivered in person or mailed by

registered or certified mail, return receipt requested, postage prepaid, to the parties at their addresses set forth below:

City of Des Moines Attn: City Manager 400 Robert D. Ray Drive Des Moines, IA 50309

Metro Waste Authority Attn: Executive Director 300 East Locust Street, Suite 100 Des Moines, IA 50309

21. Construction. This Agreement shall be construed and enforced in accordance with the

laws of the State of Iowa.

22. Representation and Warranty. Both parties represent, warrant and acknowledge that they have full authority to comply with all provisions contained in this Agreement, that this Agreement is being executed with full corporate authority and that the persons whose signatures appear hereon are duly authorized to execute this Agreement.

23. Personal Liability. Notwithstanding anything contained in this Agreement to the

contrary, or any applicable law, the person or persons executing this Agreement on behalf of either party shall incur no personal liability with respect to either party’s performance under the Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date

first above written.

15 of 18

Page 16: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-7-

“CITY” THE CITY OF DES MOINES, IOWA

By: T.M. Franklin Cownie, Mayor

ATTEST: Diane Rauh, City Clerk STATE OF IOWA )

) ss: COUNTY OF POLK )

On this _____ day of _____________________, 2018, before me, the undersigned, a Notary Public, personally appeared T.M. FRANKLIN COWNIE and DIANE RAUH, to me personally known, who, being by me duly sworn, did state that they are the Mayor and City Clerk, respectively, of the City of Des Moines, Iowa; that the seal affixed to the foregoing instrument is the seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as Roll Call No. ___________ on the _____ day of _________________, 2018, and that T.M. Franklin Cownie and Diane Rauh acknowledged the execution of the instrument to be the voluntary act and deed of the municipal corporation, by it voluntarily executed.

Notary Public in and for the State of Iowa

16 of 18

Page 17: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

-8-

“METRO WASTE” DES MOINES METROPOLITAN AREA SOLID WASTE AGENCY d/b/a The Metro Waste Authority

By: Michael McCoy, Executive Director

STATE OF IOWA ) ) ss:

COUNTY OF POLK )

On this _____ day of_______________________, 2018, before me, the undersigned, a Notary Public in the State of Iowa, personally appeared Michael McCoy, to me personally known, and who, being by me duly sworn did state that he is the Executive Director of Des Moines Metropolitan Area Solid Waste Agency d/b/a The Metro Waste Authority, the Iowa Code Chapter 28E legal entity executing the within and foregoing instrument and that the instrument was signed on behalf of the legal entity by authority of its Board; and that Michael McCoy, as such officer, acknowledged the execution of the instrument to be the voluntary act and deed of the legal entity, by him and by it voluntarily executed.

Notary Public in and for the State of Iowa

G:\APPDATA\LEGAL\LAWYERS\LRM\AGR\Metropolitan Area Solid Waste Agency - Parking License Agreement.doc

17 of 18

Page 18: MEMORANDUM - mwatoday.com · The method used with the D8T dozer extends the life of the landfill. Currently, MWA is in a trial period with the option to purchase the Cat D8T dozer

1

Metro Waste Authority Board Monthly Board Meeting

July 18, 2018 AGENDA ITEM 9

ITEM: Approval of Recommendation of Executive Director’s FY 17/18 Performance Review and FY 18/19 Salary Adjustment SUMMARY: A performance review and compensation discussion for the Executive Director was performed by the Chair of the Metro Waste Authority Board of Directors, Dean O’Connor, and Vice Chair, Mark Holm. The review considered performance for FY 17/18 and a salary adjustment recommendation for FY 18/19. DISCUSSION POINTS: Materials and information that were considered during the evaluation process were: ● Summary of organizational accomplishments ● Current Executive Director job description ● Current employment contract ● FY17/18 Annual Report ● Strategic business plan for Metro Waste Authority ● Approved performance evaluation form ● Compensation range based off analysis from Newport Group RECOMMENDATION: The review team reviewed the materials to consider how Michael’s performance aligned with the business plan and board directives. The team used the same performance evaluation survey as last year and discussed each performance category together, taking into consideration the information above. After consideration of Michael’s outstanding performance for the 2017 – 2018 fiscal year, it is recommended that Michael’s salary should be increased by 6.7% for FY 18/19. This will place his salary at $160,050.00, within the current (FY 2017) salary range for his position of $145,143 - $232,229. No other adjustments to Michael’s contract are recommended for FY 18/19. BUDGET REQUIREMENTS:

This proposal will be funded from the approved 2018-2019 budget.

CONTACT: Dean O’Connor, Board Chair Phone: 515.559.3891 Mark Holm, Board Vice Chair Phone: 515.979.0780

18 of 18