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:
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City Attorney 9V
Proposed by: Operations Division
Prepared by: Operations Director & City Attorney