HomeMy WebLinkAbout09-257JULY 14, 2009 09 -257 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF EXTENSION OF 1993 COUNTY /MUNICIPAL
RECYCLING AGREEMENT
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, on February 26, 2008 the City approved the extension of the 1993
County /Municipal Recycling Agreement to allow the Solid Waste Board to construct,
prepare, and test its single stream recycling processing center; and
WHEREAS, on January 13, 2009, the Common Council approved extension of
the agreement until June 30, 2009, to allow for completion of the single stream recycling
processing center, and
WHEREAS, it now appears desirable to further amend and extend such
Agreement to reflect recognized recyclables collection and processing methods; and
WHEREAS, it is desirable to extend the term of the agreement from July 1, 2009,
through December 31, 2019, and to automatically renew for successive five (5) year
terms, unless either party, at least 180 days prior to the end of the term or any renewal
term, gives written notice to the other party of said party's determination not to further
renew the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Amendment I and Extension III of 1993 County /Municipal
Recycling Agreement is hereby approved and the proper City officials are hereby
authorized to execute and deliver the agreement 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 Agreement.
BE IT FURTHER RESOLVED that approval of this Resolution does not indicate
or imply Council support of single stream recycling at this time.
CITY HALL
215 Church Avenue
RO. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
—
O.IHKO rH
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: July 9, 2009
RE: Resolution 09 -257
Approve Extension of 1993 County /Municipal Recycling Agreement
BACKGROUND
In January of 2009, the Common Council approved an extension of this agreement to June 30,
2009, per Resolution 09 -08. This initial extension was intended to coincide with the completion
of the single stream recycling processing plant by Winnebago County /Outagamie County /Brown
County.
ANALYSIS
The main purpose of this final extension is to eliminate the use of plastic bags for the collection
of recyclable materials. The extension also clarifies that the Winnebago Solid Waste
Management Board will assist communities by developing projects that qualify for the Wisconsin
Department of Natural Resources Recycling Efficiency Incentive Grant Program. Finally, the
extension clarifies that the term of the agreement shall extend to December 31, 2019.
FISCAL IMPACT
No anticipated fiscal impact by approval of this resolution.
RECOMMENDATION
Staff recommends approval of the resolution.
Respectfully Submitted,
"' Mzd c.. -pI-�
David C. Patek
Director of Public Works
Approved:
Mark A. Rohloff
City Manager
tOP
AMENDMENT 1 AND EXTENSION III
NA
1993 COUNTY /MUNICIPAL RECYCLING AGREEMENT
THIS AMENDMENT AND EXTENSION to the County /Municipal Recycling Agreement
described below, is made effective July 1, 2009.
WHEREAS, Winnebago County (the "County") and the 'kar1A(MMAff a /City (strike two) of
Oshkosh (insert in name of municipality) (the "Signing
Municipality") entered into that certain County /Municipal Recycling Agreement on the
day of 1993 (the "Agreement "); and
WHEREAS, the County, by virtue of that certain Assignment of 1993 County /Municipal
Agreements executed December 13, 2007, has assigned all of its right title and interest in and to
the Agreement to the Winnebago County Solid Waste Management Board (the "Solid Waste
Board "); and
WHEREAS, the Solid Waste Board and the Signing Municipality are collectively called
"the Parties" herein; and
WHEREAS, the Solid Waste Board, in keeping with its responsibilities, strives and will
continue to strive to control operating costs and minimize charges to the Signing Municipalities
for recycling services; and
WHEREAS, the Parties found it desirable to extend such Agreement for one (1) year
through December 31, 2008 and for six (6) months through June 30, 2009 while the Solid Waste
Board concluded evaluation, approval attainment and implementation of a single stream
recycling processing system; and
WHEREAS, it now appears desirable to further amend and extend such Agreement to
reflect recognized recyclables collection and processing methods; and
WHEREAS, the Agreement in ARTICLE 111, TERM AND RENEWAL, Section C. Renewal
stated, "Renewal of this Agreement shall be by mutual written consent of each party after
December 31, 2007."
NOW, THEREFORE, in consideration of the above premises and the mutual covenants of
the Parties, the Signing Municipality and the Solid Waste Board, as assignee of the County, do
agree as set forth below:
1. ARTICLE III, TERM AND RENEWAL, is further amended by adding the following
language:
The term of this Agreement is extended from July 1, 2009 through December 31, 2019.
The term of this Agreement shall automatically renew for successive five (5) year terms,
unless either party, at least 180 days prior to the end of the term or any renewal term,
gives written notice to the other party of said party's determination not to further
renew this Agreement. This language does not supersede the term language of the
2003 LOCAL GOVERNMENT SUPPORT OF WINNEBAGO COUNTY SOLID WASTE
MANAGEMENT SYSTEM — AGREEMENT.
2. Article VI, DUTIES AND RESPONSIBILITIES OF THE COUNTY was incorrectly
identified as ARTICLE VI on page 4 of the Agreement. The heading of that article is amended to
be:
ARTICLE IV, DUTIES AND RESPONSIBILITIES OF THE COUNTY.
2
3. ARTICLE V, DUTIES OF THE SIGNING MUNICIPALITIES, Section E.
The original Agreement states "Upon implementation of the recycling program, the Signing
Municipality agrees to direct all recyclables for which they are responsible and which are
covered under this Agreement to the County MRF or a County- approved alternative. This shall
be done in such a manner that collection and delivery facilities (sic) effective processing of said
recyclable material."
ARTICLE V, Section E is amended by revising the last sentence to read:
This shall be done in such a manner that collection and delivery facilitate effective
processing of said recyclable material.
ARTICLE V, Section E is further amended by adding the following language at the end of
the section:
As of January 1, 2010, the utilization of plastic bags for recyclables will no longer be an
acceptable collection method because bags will not facilitate effective processing of
recyclable material. Acceptable collection methods will include: Paper recyclable
materials may be placed in a paper bag, small cardboard box or reusable container (also
referred to as a bin); Commingled recyclable materials (recyclable plastic, glass, metal
and other designated materials) may be placed in reusable containers /bins; Paper and
Commingled recyclable materials may be mixed together (referred to as single stream)
and placed in reusable containers /bins or wheeled carts; Plastic bags should not be used
to line reusable containers /bins or carts intended for recyclables collection and should
not be collected.
3
4. ARTICLE VI FUNDING, Section A is amended by adding the following language at
the end of Section A:
The Solid Waste Board will assist the Signing Municipalities on an annual basis with the
development and coordination of an eligible project to qualify for the Wisconsin
Department of Natural Resources (WDNR) Recycling Efficiency Incentive Grant program
during years the State Legislature appropriates funding. Assistance shall include the
identification and selection of an eligible, suitable project, writing of a cooperative
agreement, distribution of cooperative agreement to Signing Municipality for signature,
distribution of complete set of signed cooperative agreements to each Signing
Municipality, guidance on completing the WDNR Recycling Efficiency Incentive Grant
application and conducting identified qualifying activity. This assistance shall continue
until such time that the WDNR or the State of Wisconsin suspends funding or eliminates
the Recycling Efficiency Incentive Grant program.
5. All other terms and conditions of the Agreement not inconsistent herewith
remain in full force and effect.
[Balance of page intentionally left blank]
n
IN WITNESS WHEREOF, the Solid Waste Board and the Signing Municipality have
executed this Amendment and Extension as of July 1, 2009.
WINNEBAGO COUNTY SOLID WASTE
MANAGEMENT BOARD
Date: By:
Date:
By:
Patrick O'Brien, Chairman
John M. Rabe, Director of Solid Waste
TOWN /VILLAGE /CITY OF
Date: By:
(Print Name)
Town Chairman/Village President /Mayor
Date:
By:
(Print Name)
Town /Village /City Clerk
5