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HomeMy WebLinkAbout02-374.docOCTOBER 8, 2002 02-374 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN .) PURPOSE: APPROVE AMENDMENT/SLUDGE REMOVAL AGREEMENT INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh entered into a contract with Potratz-Potratz for the land disposal of bio-solids generated by the Wastewater Treatment Plant; and WHEREAS, the State of Wisconsin Department of Natural Resources has notified the parties that the application methods must be modified, thereby resulting in an increased cost for this service; and WHEREAS, paragraph 25 of the agreement provides that in the event the DNR alters its standards, which results in a price increase, the parties will amend the contract to provide for the new land application rate; NOW, BE IT RESOLVED by the Common Council of the City of Oshkosh that Section 8 "RATES FOR SERVICES" of the Sludge Removal, Storage and Land Application Disposal Contract, dated August 24, 1994, between the City of Oshkosh and Potratz- Potratz is amended to provide for a rate of $16.50 per ton, retroactive to January 1,2002. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized to execute and deliver the Amendment in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Amendment. from: BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated Account No. 551-1941-6448-00000 - Sewer Utility - Solids Disposal Special Services FIRST AMENDMENT TO SLUDGE REMOVAL, STORAGE AND LAND APPLICATION DISPOSAL CONTACT WHEREAS, the City of Oshkosh and Potratz-Potratz, a Wisconsin partnership previously entered into an agreement, dated August 24, 1994, for services related to sludge removal, storage and land application disposal, said agreement providing in Paragraph 25 that the parties may amend the rates for services whenever the State of Wisconsin Department of Natural Resources alters any standards related to these services; and WHEREAS, the department has notified the parties of such a change and the parties have negotiated a new rate for services; NOW, THEREFORE, IT IS HEREBY AGREED by and between the above named parties that paragraph 8 Rates For Services of the Sludge Removal, Storage and Land Application Disposal Contract, dated August 24, 1994, is amended to provide for a per ton charge of $16.50, retroactive to January 1, 2002. IT IS FURTHER AGREED that all rights and responsibilities under the Agreement not specifically amended by this instrument shall remain in effect. IN WITNESS WHEREOF, the parties heretofore have caused this Amendment to be signed by the proper persons of each party and their corporate seals, if any, to be hereunto affixed. Dated: October __.,2002. POTRATZ-POTRATZ By: And: CITY OF OSHKOSH By: And: Richard A. Wollangk, City Manager Pamela R. Ubrig, City Clerk Approved as to Funding: Approved as to Form and Execution: (Deputy) Finance Director Lynn A. Lorenson, Asst. City Attorney