CCR2000037COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #37-2000
APPROVAL OF AMENDMENT TO WEEKLY REFUSE COLLECTION
CONTRACT DATED OCTOBER 26,1993
AND BI-WEEKLY RECYCLING COLLECTION AND DISPOSAL
BE IT RESOLVED That the Common Council does hereby approve the attached
Amendment to Weekly Refuse Collection and Bi-Weekly Recycling Collection and
Disposal Contract dated October 26, 1993.
BE IT FURTHER RESOLVED That the Mayor may make nonsubstantive changes in
consultation with the City Attorney and the Mayor and Clerk-Treasurer are authorized
to execute the Amendment to the Contract, as amended, in the name of the City
following execution by Browning Ferris, Inc.
DATED DAY OF FEBRUARY ,2000.
SPONSORED BY:
David L. De Angelis, Mayor
Reconsidered, Amended and
Adopted February 22, 2000
This is to certify that this is a true and accurate copy of Resolution #37-2000 which was
adopted by the Common Council of the City of Muskego.
212000jmb
AMENDMENT TO WEEKLY REFUSE COLLECTION
CONTRACT DATED OCTOBER 26,1993
AND BI-WEEKLY RECYCLING COLLECTION AND DISPOSAL
WHEREAS, TOWN & COUNTRY WASTE SERVICE, INC., hereinafter referred to as
"CONTRACTOR and the CITY OF MUSKEGO, hereinafter referred to as "CITY," entered
a Weekly Refuse Collection and Bi-Weekly Recycling Collection and Disposal Contract
dated October 26, 1993; and
WHEREAS, Browning Ferris, Inc., is the successor in interest to the CONTRACTOR and
is hereafter referred to as "SUCCESSOR CONTRACTOR"; and
WHEREAS, the CITY is likely to enter an agreement with SUPERIOR EMERALD PARK
LANDFILL, INC., hereinafter referred to as "LANDFILL OPERATOR," for certain free
disposal privileges of residential municipal waste generated within the CITY and including
such waste collected under the CITY 's residential waste collection contract referred to
herein.
NOW, THEREFORE, for valuable consideration acknowledged by each party, it is agreed
that the October 26, 1993 contract referred to above is amended as follows:
1 Add to the end of Section IV the following:
"Commencing when effective pursuant to the agreement
between the CITY and LANDFILL OPERATOR for the term
specified in said agreement at the Superior Emerald Park
Landfill, Inc. located at W124 S10629 South 124 Street,
Muskego, Wisconsin 53150 SUCCESSOR CONTRACTOR
shall reduce the amount of its periodic billing to the CITY in an
amount equal to the amount eligible for reduction in charges by
the LANDFILL OPERATOR because of the LANDFILL
OPERATOR'S agreement with the CITY The reduction shall
be effectuated in the following manner'
The CITY shall continue to pay the monthly solid waste
charges in accordance with the terms of the agreement
between the CITY and SUCCESSOR CONTRACTOR dated
October 26, 1993. Within thirty (30) days of receipt of each
monthly payment by the CITY, the SUCCESSOR
CONTRACTOR shall pay to the CITY an amount equal to the
total tons of waste collected in the preceding month, multiplied
by $19.77 (base rate) for the calendar year 2000. In each year
after the year 2000, the base rate shall be increased by the
Consumer Price Index - All Urban Consumer Others (CPI-
AUCO).
The SUCCESSOR CONTRACTOR shall provide to the CITY
evidence of the calculations and basis for said reduction with
each periodic billing and the CITY shall have the right to
reasonable verification of the same, including but not limited to
the SUCCESSOR CONTRACTOR permitting the CITY to audit
disposal contract(s) with LANDFILL OPERATOR upon request.
SUCCESSOR CONTRACTOR shall provide landfill weight
tickets received from the LANDFILL OPERATOR for all waste
transported from the CITY together which each payment."
2. All other sections of the October 26, 1993 contract referred to herein unless
specifically amended by this document remain in full force and effect.
DATED this day of ,2000
CITY OF MUSKEG0
David L. De Angelis, Mayor
Jean K. Marenda, Clerk-Treasurer
DATED this day of ,2000
Browning Ferris, Inc.
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #37-2000
\ APPROVAL OF AMENDMENT TO WEEKLY REFUSE COLLECTION
CONTRACT DATED OCTOBER 26,1993
AND BI-WEEKLY RECYCLING COLLECTION AND DISPOSAL
\
BE IT RESOLVED That the Common Council does hereby approve the attached
Amendment to Weekly Refqse Collection and Bi-Weekly Recycling Collection and
Disposal Contract dated October 26, 1993.
BE IT FURTHER RESOLVED That,the Mayor may make nonsubstantive changes in
consultation with the City Attorney addthe Mayor and Clerk-Treasurer are authorized
to execute the Amendment to the Contract in the name of the City following execution
by Browning Ferris, Inc. '\
\
\
'.. I
1
\. 4 DATED DAY OF FEBRUARY ,2000.'\
I' -d
SPONSO~ED BY:
\. David L. De Angells, Mayor
\
This is to certify that this is a true and accurate copy of Resolution #37-2000 which was
adopted by the Common Council of the City of Muskego.
2/2000jmb
AMENDMENT TO WEEKLY REFUSE COLLECTION
CONTRACT DATED OCTOBER 26,1993
AND BI-WEEKLY RECYCLING COLLECTION AND DISPOSAL
WHEREAS, TOWN & COUNTRY WASTE SERVICE, INC., hereinafter referred to as
“CONTRACTOR and the CITY OF MUSKEGO, hereinafter referred to as “CITY,” entered
a Weekly Refuse Collection and Bi-Weekly Recycling Collection and Disposal Contract
dated October 26, 1993; and
WHEREAS, Browning Ferris, Inc., is the successor in interest to the CONTRACTOR and
is hereafter referred to as “SUCCESSOR CONTRACTOR; and
WHEREAS, the CITY is likely to enter an agreement with SUPERIOR EMERALD PARK
LANDFILL, INC., hereinafter referred to as ”LANDFILL OPERATOR,” for certain free
disposal privileges of residential municipal waste generated within the CITY and including
such waste collected under the CITY ’s residential waste collection contract referred to
herein.
NOW, THEREFORE, for valuable consideration acknowledged by each party, it is agreed
that the October 26, 1993 contract referred to above is amended as follows:
1 Add to the end of Section IV the following:
“Commencing when effective pursuant to the agreement
between the CITY and LANDFILL OPERATOR for the term
specified in said agreement at the Superior Emerald Park
Landfill, Inc. located at W124 S10629 South 124 Street,
Muskego, Wisconsin 53150 SUCCESSOR CONTRACTOR
shall reduce the amount of its periodic billing to the CITY in an
amount equal to the amount eligible for reduction in charges by
the LANDFILL OPERATOR because of the LANDFILL
OPERATORS agreement with the CITY The reduction shall
be effectuated in the following manner’
The CITY shall continue to pay the monthly solid Waste
charges in accordance with the terms of the agreement
between the CITY and SUCCESSOR CONTRACTOR dated
October 26, 1993. Within thirty (30) days of receipt of each
monthly payment by the CITY, the SUCCESSOR
CONTRACTOR shall pay to the CITY an amount equal to the
total tons of waste collected in the preceding month, multiplied
by $20.08
(base rate) for the calendar year 2000. In each year after
the year 2000, the base rate shall be increased by the
Consumer Price Index - All Urban Consumer Others (CPI-
AUCO). In the event SUCCESSOR CONTRACTOR
renegotiates its contract with LANDFILL OPERATOR, and
the base disposal rate is greater than the base rate, as
periodically increased by the CPIAUCO, then the
renegotiated rate shall become the base rate for purposes
of this reimbursement.
The SUCCESSOR CONTRACTOR shall provide to the CITY
evidence of the calculations and basis for said reduction with
each periodic billing and the CITY shall have the right to
reasonable verification of the same, including but not limited to
the SUCCESSOR CONTRACTOR permitting the CITY to audit
disposal contracts upon request. SUCCESSOR
CONTRACTOR shall provide landfill weight tickets received
from the LANDFILL OPERATOR for all waste transported from
the CITY together which each payment.”
2. All other sections of the October 26, 1993 contract referred to herein unless
specifically amended by this document remain in full force and effect.
DATED this day of ,2000.
CITY OF MUSKEG0
David L. De Angelis, Mayor
Jean K. Marenda, Clerk-Treasurer
DATED this day of ,2000.
Browning Ferris, Inc.
FILE No.075 0242 '00 An 1O:M 1D:WEN.Z IOLTER WCY FRX : 262548S11 PAGE 1
l e LAW OFASE5 OF
ARENZ, MOLTER. MACV & RIFFLE, S.C.
TO: Mayor David DeAngelis
FAX: 414-679-5630
FROM: Attorney H. Stanley Rime
DATE: February 22,2000 0 RE: Attached
TOTAL NUMBER OF PAGES (INCLUDING COVER SHE-W: 4
Mayor: This contains the correct changes to the agreement
Stan
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FILE No.075 02M '00 Nl 10:06 ID:= flOLTER flXY FAX : 262548921 1 PAGE 2
AMENDMENT TO WEEKLY REFUSE COLLECTION
CONTRACT DATED OCTOBER 26.1993
AND 81-WEEKLY RECYCLING COLLECTION AND DISPOSAL
WHEREAS, TOWN & COUNTRY WASTE SERVICE, INC., hereinafter referred to as
"CONTRACTOR" and the CITY OF MUSKEGO, herelnafter referred to as "CITY ",
entered a Weekly Refuse Collection and Bi-Weekly Recycling Collection and
Disposal Contract dated October 26, 1993: and
WHEREAS,
the CONTRACTOR and is hereafter referred to as "SUCCESSOR CONTRACTOR";
, is the successor in interest to
and
WHEREAS, the CITY ia likely to enter an agreement with SUPERIOR EMERALD
PARK LANDFILL, INC., hereinafter referred to as "LANDFILL OPERATOR", for
certain free disposal privileges of residentlal municipal waste generated within the
CITY and including such waste collected under the CITY 's residential waate
collection contract referred to herein.
I NOW, THEREFORE, for valuable consideration acknowledged by each party, it is I. agreed that the October 28, 1993 contract referred to above Is amended as
follows:
0
1. Add to the end of Section IV the following:
-
"Commencing when effective pursuant to the agreement
between the CITY and LANDFILL OPERATOR for the term
specified in said agreement at the Superior Emerald Park
Landfill, Inc. located at (vou must fill in a
miDtion of the landfill) SUCCESSOR
CONTRACTOR shall reduce the amount of its periodic
billing to the CITY in an amount equal to the amount
eligible for reduction in charges by the LANDFILL
OPERATOR tiecauae of the LANDFILL OPERATOR'S
agreement with the CITY. The reduction shall be
effectuated in the following manner:
The CITY shall continue to pay the monthly solid waste
charges in accordance with the terms of the agreement
between the CITY and SUCCESSOR CONTRACTOR dated
. Within thirty (301 days of receipt of each
monthly payment by the CITY, the SUCCESSOR
CONTRACTOR shall pay to the CITY an amount equal to
the total tone of waste collected in the preceding month,
FIE No.075 0'2422 'GO W 10:07 1D:ARENZ PlOLTER MY FAX:2625489211
multiplied by $19.77 (base rate) for the calendar year
2000.ln each year after the year 2000, the base rate
shall be increased by the Consumer Price Index - All
Urban Consumer Others (CPI-AUCO).
PAGE 3
The SUCCESSOR CONTRACTOR shall provide to the
CITY evidence of the calculations and basis for said
reduction with each periodic billing and the CITY shall
have the right to reasonable verification of the same,
including but not limited to the SUCCESSOR
CONTRACTOR permitting the CITY to audit disposal
contract(8) wlth LANDFILL OPERATOR upon request.
SUCCESSOR CONTRACTOR shall provide landfill weight
tickets received from the LANDFILL OPERATOR for all
waste transported from the CITY together with each
payment."
2. All other sections of the October 26, 1993 contract referred to herein
unless specifically amended by this document remain in full force and
effect.
0 DATED this day of , 2000.
- CITY OF MUSKEG0
David L. De Angelis, Mayor
Jean K. Marenda, Clerk
DATED this - day of ,2000.
(Successor Contractor)
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FILE No.075 02/22 '00 An 10:07 1D:ARENZ llOLTER nACY FRX:2625489211
BY:- -_
L
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