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#08 Authorize extension of existing Green County landfill contract (File Res. #2011-869) DEPARTMENT OF PUBLIC WORKS MEMORANDUM December 2, 2011 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Action on a Proposed Resolution Extending the Term of an Existing Landfill Disposal Contract with Green County Through 2013 (File Resolution 2011-869) Summary The proposed File Resolution extends the term of an existing landfill contact with Green County by two years, through December 31, 2013. The existing contract expires December 31, 2011. The contract provides Green County a landfill tipping fee which is 5% less than the base fee established by City Ordinance, and commits Green County to delivering its waste to the City’s landfill. Staff Recommendation Following Council discussion, staff recommends the City Council adopt the proposed File Resolution. Recommended Motion I move to adopt File Resolutions No. 2011-869, extending the term of an existing landfill disposal contract with Green County through December 31, 2013. City Manager Recommendation The City Manager recommends approval. Request There was no specific request by Council, however, the 2012 Adopted Sanitation Fund budget assumed this waste disposal contract would be extended at least through 2012. Background The City has maintained a waste disposal contract with Green County since 1999. This intergovernmental agreement has benefited both agencies. It provides the City with a consistent waste flow and associated revenue, and provides the County with cost- effective and environmentally sound waste disposal services. During discussion of the 2012 Proposed City Budget, Council directed staff to try and maintain 2012 waste flows at 2011 estimated levels, and continuing to contract with Green County will assist in this effort. Green County has requested a two-year term, which coincides with agreements the County has with other municipalities to provide waste services. A two-year term would also coincide with the term of contract the City maintains with Town & Country Sanitation. Recommendation Staff recommends the Council adopt File Resolution 2011-869. 1 RESOLUTION NO. 2011- 869 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 two years 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 maintaining consistent waste flows and associated revenue; 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 5 (A) of the previously amended contract shall be deleted in its entirety and replaced with the following: PART 5 FEE SCHEDULE A. Beginning 2012, 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 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, 2013. 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 Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Assistant City Attorney Proposed by: Operations Division Prepared by: Operations Division