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04-Terminating month to month landfill services agreement with Waste Management CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/14/10 Council Date: City Council Mayor Biard 4. 12/20/10 RECOMMENDED MOTION: Move to authorize a Resolution terminating the month-to-month landfill services agreement with Waste Management; and authorizing the Mayor to negotiate and execute all necessary documents. POLICY ISSUES): Fiscal BACKGROUND: The City's landfill services agreement with Waste Management expired on September 30, 2010. By letter dated September 30, 2010, the City and Waste Management agreed to continue the landfill services agreement on a month to month basis until City Council had time to review and evaluate the new landfill services proposals submitted in response to the City's Request for Proposals. By letter dated November 16, 2010, the City Manager informed Waste Management that the City would be terminating the month-to-month landfill services agreement effective December 16, 2010. The Manager then amended the termination date to December 21, 2010 so that City Council could approve a new month- to-month landfill services agreement with Sanitation Solutions at its special called meeting on December 20th. Waste Management has since requested that the termination date of its month-to-month landfill services agreement with the City be extended to the end of the month (12/31/10) to coincide with the end of the month. This 10-day change will not adversely affect City operations and will give Public Works more time to prepare for the transition. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ EMS/IT ❑ Engineering, Planning, & Community Development ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Utilities City of Paris Revised 2/04/08 ;i DRAFT S:\RESW0RK\CURRENT\Landfi11 Services Contract Termination (M nth to Moth) with Waste Management RES 2010.docx RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TERMINATING THE MONTH-TO-MONTH LANDFILL SERVICES AGREEMENT WITH WASTE MANAGEMENT EFFECTIVE 11:59 P.M. ON DECEMBER 31, 2010; AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 20, 2010 a City Council convened in special session to further discuss and deliberate on the termination of the month-to-month landfill disposal services agreement with Waste Management; and, WHEREAS, the City Council of the City of Paris deems it in the best interest of the City and the citizens of the City of Paris to terminate the month-to-month landfill disposal services agreement with Waste Management to be effective 11:59 p.m. on December 31, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The month-to-month landfill services agreement with Waste Management is hereby terminated effective 11:59 p.m. on December 31, 2010. Section 3. The Mayor be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary to effectuate this termination. Section 3. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 20th day of December, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney