Rescind Approval of Contract - Republic Services of Indiana - Disposal of Special Waste

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gym INTER -OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd ass TO: Board of Public Works, Linda Martin FROM: Sandra Kennedy, Assistant City Attorney SUBJECT: Rescission of Approval of Agreement for Services By and Between the City of South Bend, Indiana and County Line Landfill Partnership (the "Agreement") DATE: 4/16/19 Members of the Board and Ms. Martin: On March 26, 2019, the Board of Public Works (the 'Board") approved the Agreement for Services By and Between the City of South Bend, Indiana (the "City") and County Line Landfill Partnership (the "Agreement"), which set forth the terms for the City's disposal of water waste streams (grit, concentrated grease, and screenings), also known as "Special Waste." The same day, the City returned the Agreement by mail to County Line Landfill Partnership ("Republic Services") for countersignature. On or about Friday, April 12, 2019, the City attempted to dispose of Special Waste pursuant to the Agreement, but the Special Waste was declined at the landfill. Republic Services advised the City that its permit did not allow it to accept the City's Special Waste. Upon due inquiry, the City learned that Republic Services had not countersigned the Agreement, and the City asked for the Agreement to be returned unsigned. The unsigned Agreement is attached. Because the Agreement cannot be performed due to impossibility, and because the Agreement was not countersigned by the vendor, the City's Department of Law respectfully requests that the Board rescind its approval of the Agreement, rendering it null and void. Thank you.