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2007-454 RESOLUTION NO. 2007- 454 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 three years and providing long-term 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 provides discounted disposal fees; and WHEREAS, extending the term of contract with Town & Country Sanitation is beneficial to the City in the form of additional revenue and in maintaining low disposal fees for all customers; 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 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 andlor 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 andlor 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 of the original contract shall be deleted in its entirety and replaced with the following language: PART 5 FEE SCHEDULE A. 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, for the first 45,000 tons delivered to the City's sanitary landfill annually. 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. B. 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. Such annual inflationary adjustment shall be capped at a maximum 3.5%. 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. Each annual inflationary adjustment shall be implemented by March 1 in each year and shall be retroactive to January 1 of each corresponding year. C. Annually, for waste tonnage delivered to the City's sanitary landfill in excess of 45,000 tons, CONTRACTOR shall receive a $1.00 per ton discount from the base fee in effect at the time for said tonnage in excess of 45,000 tons. Said discount shall not apply to waste delivered to the City's sanitary landfill in excess of 70,000 tons annually. D. 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 andlor 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. All pass through fees, taxes and surcharges shall be included in CONTRACTOR'S monthly invoice and shall be paid by CONTRACTOR to the CITY as provided in Part V of this contract. E. If any administrative, legal or legislative action by any Federal, State or local governmental body or agency makes it necessary or desirable for the City in its sole discretion to increase fees in excess of the provisions contained in Appendix A, Part 5 (Al and (B) of this contract, the fee schedule contained in Appendix A, Part 5 (Al and (Bl of this contract shall be amended as mutually agreed by the CITY and the CONTRACTOR. In the event an amended fee schedule cannot be mutually agreed upon, the contract may be terminated upon 60 days prior written notice by either party. 2. Appendix A, Part 7 of the original 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, 2010. The terms and conditions of this Contract may be extended if mutually agreed by the CITY and CONTRACTOR. ADOPTED: December 10, 2007 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 APPR~VED: ~~ ~ /7 Steven E. Sheiffer, City Manager ATTEST: APPROVED AS TO FORM: [,fJ ~Y< - ;( City Attorney 9V Proposed by: Operations Division Prepared by: Operations Director & City Attorney