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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 X ORIGINAL WILL NOT FOLLOW ORIGINAL WILL FOLLOW BY -Regular Mall -Certified Mall, Return Receipt Requested -Federal Express - Other IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US AT (414) 548-1340. THIS TRANSMISSION ISQ3NRDEW AND ImNDED ONL Y FOR ?HE USE OF ZYE INDIVIDUAL To WHOM lT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMLXION IN ERROR, PWE c4LL US IMMEDl2 EL Y AND ML IT TO THE ABOVE ADDRS. WE WIU PAY ZYE CoSTs OF MUNG. MNK YW. IF THE REIDER OF ?HIS MESWGE IS NOT THE INTNDED REUPIEM; YOU ARE HEREBY NOTIFIED THATANY DISSEMIINATjroN, DL57lUBlnlON OR CVPMNG OF ?HIS COMMUNIICll77ON ISSlRICllY 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) -2- FILE No.075 02/22 '00 An 10:07 1D:ARENZ llOLTER nACY FRX:2625489211 BY:- -_ L -3- PAGE 4