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:
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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