2007-453
RESOLUTION NO. 2007 - 453
A Resolution authorizing the City Manager to enter into a contract on behalf of the City
of Janesville with Sherman Sanitation, providing long-term pricing for the disposal of
solid waste at the City of Janesville sanitary landfill.
WHEREAS, Sherman Sanitation has requested permission from the City of Janesville to
deposit lawful materials into the City's sanitary landfill; and,
WHEREAS, the tonnage to be disposed by Sherman Sanitation is beneficial to the City
in the form of additional revenue and in maintaining low disposal rates for all landfill
users; and
WHEREAS, Janesville General Ordinance Section 8.64.150 (K) permits such long term
disposal contracts; and,
WHEREAS, the Common Council find 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 enter into a 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
offers the following terms to Sherman Sanitation:
1. Beginning in 2008, CONTRACTOR agrees to and shall annually deliver a
minimum 15,000 tons of municipal solid waste to CITY'S sanitary landfill for
disposal.
2. Beginning 2008, CONTRACTOR'S fee payment for the disposal of municipal
solid waste at the CITY'S sanitary landfill shall be $15.90 per short ton or 95% of
the sanitary landfill base fee, whichever is less. Base fee, as used herein, shall
be the full and total gate rate established by City Ordinance less any and all state
and federal fees, taxes and surcharges.
3. Annual inflationary adjustments in each 2009 and 2010 shall be derived from the
Consumer Price Index, Midwest Urban, All Items as provided by the Bureau of
Labor Statistics. If either or both such annual inflationary adjustment results in a
base fee greater than 95% of the base fee established by City Ordinance,
CONTRACTOR'S fee payment will be capped at 95% of said base rate.
4. The CITY shall pass through to CONTRACTOR all State of Wisconsin tonnage
fees, taxes and surcharges, as provided in Wisconsin Statutes and
Administrative Code, totaling $5.90 per ton. Increases in these fees, taxes
and/or surcharges, as provided in Wisconsin Statutes and Administrative Code,
as from time to time revised, amended or renumbered shall also be passed
through to CONTRACTOR.
5. The term of contract shall begin upon the date of execution by the City Manager
and shall extend through December 31, 2010.
APPROVED:
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Steven E. Sheiffer, City Manag r (
Motion by: Steeber
Second by: DeGarmo
Councilmember Aye Nay Pass Absent
Brunner X
DeGarmo X
Loasching X
Steeber X
Truman X
Wellnitz X
Williams X
ADOPTED: December 10. 2007
ATTEST:
APPROVED AS Tq FORM:
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City Attorney y
Proposed by: Operations Division
Prepared by: Operations Director and City Attorney