#2 Approve resolutions to extend landfill contracts (File Res. #2010-743, 2010-745, 2010-746)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
October 29, 2010
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: ACTION ON PROPOSED RESOLUTIONS EXTENDING THE
TERM OF EXISTING LANDFILL CONTRACTS THROUGH
DECEMBER 31, 2011 AND ESTABLISHING PRICING IN 2011
FOR TOWN & COUNTRY SANITATION, SHERMAN SANITATION
AND GREEN COUNTY (File Resolutions 2010-743; 2010-745;
2010-746)
Summary
The proposed File Resolutions extend the term of three of four existing landfill
contacts by one year, through December 31, 2011, and establish pricing in 2011.
The existing contracts are with Town & Country Sanitation, Sherman Sanitation
and Green County and are currently set to expire December 31, 2010. Staff
anticipates a fourth Resolution will be presented to Council before the end of the
year to extend the term of Waste Management’s current contract.
Staff Recommendation
Following Council discussion, staff recommends the City Council adopt all three
proposed File Resolutions.
Recommended Motion
I move to adopt File Resolutions No. 2010-743, 2010-745 and 2010-746,
extending the term of existing landfill contracts through December 31, 2011 and
establishing pricing in 2011 for Town & Country Sanitation, Sherman Sanitation
and Green County.
City Manager Recommendation
The City Manager recommends approval for the three existing landfill contracts.
Background
In May and August 2010, the City Council conducted study sessions reviewing
activities within the Sanitation Fund. One of the outcomes of those study
sessions was Council direction to begin to reduce the amount of waste accepted
for disposal at the City’s landfill. One of the primary reasons for this direction
relates to language in the City’s contract with Janesville Sand & Gravel (JS & G)
which reserves a specific portion of the quarry (City property) for JS & G
processing operations until 2045. This reserved area is also projected to be
landfill space beyond 2045. However, if current waste flows are maintained, the
City would need to access this reserved area for landfill purposes approximately
1
10 years before contract language allows. By limiting waste flow to an
approximate maximum annual average of 175,000 tons, the City would meet the
2045 timeline of the contract.
Staff has recommended Council maintain current waste flows through 2011
however, and begin reducing waste flows in 2012. The purpose for this
recommendation is to address offsite odor migration issues associated with the
first cell of the operating landfill (a total of five cells are designed for the currently
permitted air space). By continuing present waste flows through 2011,
permanent landfill gas collection equipment and permanent cap can be installed
in this first cell in 2012. This permanent infrastructure will help minimize offsite
migration of odor. Based on the most recent engineering survey of the landfill,
significantly reducing waste flow beginning in 2011 would likely delay installation
of the permanent infrastructure to 2013.
Pricing in all existing contracts is generally established at 95% of the base rate
established by Ordinance, plus DNR tonnage fees. The proposed Resolutions
establish the same pricing for the three companies at 95% of the base rate
established by Ordinance, plus DNR tonnage fees.
2
RESOLUTION NO. 2010- 743
A Resolution authorizing the City Manager to amend an existing contract, on behalf of
the City of Janesville, with Town & Country Sanitation, extending the term of contract for
one year and providing pricing for the disposal of solid waste at the City of Janesville
sanitary landfill.
WHEREAS, Town & Country Sanitation and the City have negotiated an amendment to
an existing waste disposal contract which extends the term of contract and establishes
disposal fees; and
WHEREAS, extending the term of contract with Town & Country Sanitation is beneficial
to the City in accelerating the permanent closure of a portion of the landfill in order to
minimize offsite odor migration from the landfill; and
WHEREAS, Janesville General Ordinance Section 8.64.150 (K) permits such disposal
contracts; and,
WHEREAS, the Common Council finds this contract to be of benefit to the City and in
the best interest of the City’s landfills and the City overall.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Janesville that the City Manager and City Administration, on behalf of the City of
Janesville, are hereby jointly and severally authorized to amend an existing contract
with Town & Country Sanitation in the manner and for the purposes set forth in the
above recitals, and to negotiate, draft, enter into, amend such contracts and/or other
agreements and modifications, and to take such other actions as the City Manager may
determine, from time to time, to be in the best interest of the City to effectuate the
purpose of this resolution and/or administration of said contract(s), and to establish the
time frames and other terms and conditions of each contract not expressly addressed
by this resolution, as well as to include the terms and conditions set forth herein.
BE IT FURTHER RESOLVED by the Common Council that the City of Janesville hereby
amends the existing contract with Town & Country Sanitation as follows:
1. Appendix A, Part 5 (A) of the previously amended contract shall be further amended
as follows:
PART 5
FEE SCHEDULE
A. Beginning 2011, CONTRACTOR’S fee payment for the disposal of
municipal solid waste at the CITY’S sanitary landfill shall be 95% of the
sanitary landfill base fee. Base fee, as used herein, shall be the full and
total rate established by City Ordinance 8.64.150 (A) less any and all
state and federal fees, taxes and surcharges.
2. Appendix A, Part 7 of the amended contract shall be deleted in its entirety and
replaced with the following language:
PART 7
CONTRACT TERM AND RENEWAL
The term of this Contract shall begin upon the date of execution by the City
Manager and shall extend through December 31, 2011. The terms and
conditions of this Contract may be extended if mutually agreed by the CITY
and CONTRACTOR.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Operations Division
Prepared by: Operations Division
RESOLUTION NO. 2010- 745
A Resolution authorizing the City Manager to amend an existing contract, on behalf of
the City of Janesville, with Sherman Sanitation, extending the term of contract for one
year and providing pricing for the disposal of solid waste at the City of Janesville
sanitary landfill.
WHEREAS, Sherman Sanitation and the City have negotiated an amendment to an
existing waste disposal contract which extends the term of contract and establishes
disposal fees; and
WHEREAS, extending the term of contract with Sherman Sanitation is beneficial to the
City in accelerating the permanent closure of a portion of the landfill in order to minimize
offsite odor migration from the landfill; and
WHEREAS, Janesville General Ordinance Section 8.64.150 (K) permits such disposal
contracts; and,
WHEREAS, the Common Council finds this contract to be of benefit to the City and in
the best interest of the City’s landfills and the City overall.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Janesville that the City Manager and City Administration, on behalf of the City of
Janesville, are hereby jointly and severally authorized to amend an existing contract
with Sherman Sanitation in the manner and for the purposes set forth in the above
recitals, and to negotiate, draft, enter into, amend such contracts and/or other
agreements and modifications, and to take such other actions as the City Manager may
determine, from time to time, to be in the best interest of the City to effectuate the
purpose of this resolution and/or administration of said contract(s), and to establish the
time frames and other terms and conditions of each contract not expressly addressed
by this resolution, as well as to include the terms and conditions set forth herein.
BE IT FURTHER RESOLVED by the Common Council that the City of Janesville hereby
amends the existing contract with Sherman Sanitation as follows:
1. Appendix A, Part 5 (A) of the previously amended contract shall be eliminated in its
entirety and replaced with the following:
PART 5
FEE SCHEDULE
A. Beginning 2011, CONTRACTOR’S fee payment for the disposal of
municipal solid waste at the CITY’S sanitary landfill shall be 95% of the
sanitary landfill base fee. Base fee, as used herein, shall be the full and
total rate established by City Ordinance 8.64.150 (A) less any and all
state and federal fees, taxes and surcharges.
2. Appendix A, Part 7 of the amended contract shall be deleted in its entirety and
replaced with the following language:
PART 7
CONTRACT TERM AND RENEWAL
The term of this Contract shall begin upon the date of execution by the City
Manager and shall extend through December 31, 2011. The terms and
conditions of this Contract may be extended if mutually agreed by the CITY
and CONTRACTOR.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Operations Division
Prepared by: Operations Division
RESOLUTION NO. 2010- 746
A Resolution authorizing the City Manager to amend an existing contract, on behalf of
the City of Janesville, with Green County, extending the term of contract for one year
and providing pricing for the disposal of solid waste at the City of Janesville sanitary
landfill.
WHEREAS, Green County and the City have negotiated an amendment to an existing
waste disposal contract which extends the term of contract and establishes disposal
fees; and
WHEREAS, extending the term of contract with Green County is beneficial to the City in
accelerating the permanent closure of a portion of the landfill in order to minimize offsite
odor migration from the landfill; and
WHEREAS, Janesville General Ordinance Section 8.64.150 (K) permits such disposal
contracts; and,
WHEREAS, the Common Council finds this contract to be of benefit to the City and in
the best interest of the City’s landfills and the City overall.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Janesville that the City Manager and City Administration, on behalf of the City of
Janesville, are hereby jointly and severally authorized to amend an existing contract
with Green County in the manner and for the purposes set forth in the above recitals,
and to negotiate, draft, enter into, amend such contracts and/or other agreements and
modifications, and to take such other actions as the City Manager may determine, from
time to time, to be in the best interest of the City to effectuate the purpose of this
resolution and/or administration of said contract(s), and to establish the time frames and
other terms and conditions of each contract not expressly addressed by this resolution,
as well as to include the terms and conditions set forth herein.
BE IT FURTHER RESOLVED by the Common Council that the City of Janesville hereby
amends the existing contract with Green County as follows:
1. Appendix A, Part 4 (E) of the previously amended contract shall be deleted in its
entirety and replaced with the following:
CONTRACTOR agrees to deliver all municipal solid waste processed at
CONTRACTOR’S transfer station to the CITY’S sanitary landfill.
2. Appendix A, Part 5 (A) of the previously amended contract shall be deleted in its
entirety and replaced with the following:
PART 5
FEE SCHEDULE
A. Beginning 2011, CONTRACTOR’S fee payment for the disposal of
municipal solid waste at the CITY’S sanitary landfill shall be 95% of the
sanitary landfill base fee. Base fee, as used herein, shall be the full and
total rate established by City Ordinance 8.64.150 (A) less any and all
state and federal fees, taxes and surcharges.
3. Appendix A, Part 7 of the previously amended contract shall be deleted in its entirety
and replaced with the following:
PART 7
CONTRACT TERM AND RENEWAL
The term of this Contract shall begin upon the date of execution by the City
Manager and shall extend through December 31, 2011. The terms and
conditions of this Contract may be extended if mutually agreed by the CITY
and CONTRACTOR.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Operations Division
Prepared by: Operations Division