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2007-455 RESOLUTION NO. 2007 - 455 A Resolution authorizing the City Manager to amend an existing contract, on behalf of the City of Janesville, with Waste Management of Wisconsin, 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, Waste Management of Wisconsin 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 Waste Management of Wisconsin 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 Waste Management of Wisconsin 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 Waste Management of Wisconsin as follows: 1. All references in the original CONTRACT to Waste Management, Inc. shall be amended to read Waste Management of Wisconsin, Inc. DBA Waste Management of Janesville. 2. Appendix A, Part 4, E of the original CONTRACT between the two parties shall be amended by adding the following: APPENDIX A PART 4, E Beginning 2008, CONTRACTOR agrees to and shall annually deliver a minimum 30,000 tons of municipal solid waste to CITY'S sanitary landfill for disposal, and to timely pay the CITY, at a minimum, for said tonnage based on the CITY'S fee schedule in Appendix A, Part 5 of this contract. This fee and schedule were negotiated by and between the parties hereto. The CITY entered into this contract in reliance on such payments by the CONTRACTOR. CONTRACTOR further agrees to annually deliver no more than 50,000 tons of municipal solid waste to CITY'S sanitary landfill for disposal. 3. Appendix A, Part 4, F shall be created to read: APPENDIX A PART 4, F CONTRACTOR agrees all municipal solid waste delivered to CITY'S sanitary landfill shall originate in the State of Wisconsin or shall be delivered to CITY'S sanitary landfill from a waste transfer facility located in the State of Wisconsin. 4. Appendix A, Part 5, A of the original contract between the two parties shall be amended by adding the following: Beginning January 1, 2008, CONTRACTOR'S fee payment for the disposal of municipal solid waste at the CITY'S sanitary landfill shall be $21.80 per ton or 95% of the gate rate established by City Ordinance, whichever is less. All such fees, including the gate rate as used herein, shall include all State of Wisconsin tonnage fees, taxes and surcharges, currently totaling $5.90 per ton. 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, except that each such annual inflationary adjustment shall not exceed 3.5%. If each such annual inflationary adjustment results in a tonnage fee greater than 95% of the gate rate established by City Ordinance, tonnage fee will be capped at 95% of said gate 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. 5. Appendix A, Part 7 of the original CONTRACT between the two parties shall be amended by first striking the following language: "December 31, 2007" and replacing with the following language: "December 31,2010" ADOPTED: December 10. 2007 Motion by: Second by: DeGarmo Councilmember Aye Nay Pass Absent Brunner v DeGarmo y Loasching X Steeber X Truman X Wellnitz X Williams X APPROVED: .L C' ~~~ Sleven E. Sheiffer, City Manager ATTEST: APPROVED AS TO FORM: t}J~~ ^ City Attorney v Proposed by: Operations Division Prepared by: Operations Director & City Attorney