HomeMy WebLinkAboutResolution 2004-184 N.C.S. 09/20/2004 Resolution No. 2004-184 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING CITY MANAGER
TO SIGN AMENDMENT N0.4
TO THE AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE,
RUBBISH, WASTE MATTER AND RECYCLABLES AND STREET SWEEPING
WITHIN THE CITY OF PETALUMA EXTENDING THE TERMINATION DATE
WHEREAS, the City is engaged in a process to solicit proposals for a new Franchise
Agreement for waste collection services, and,
WHEREAS, the City and Empire Waste Management wish to extend the term of the
current agreement to provide adequate time for solicitation, review and selection of a contractor
for future waste collection services, now,
NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized
to sign Amendment 4 to the Agreement for Collection and Disposal of Garbage, Rubbish, Waste
Matter, and Recyclables and Street Sweeping within the City of Petaluma, attached as Exhibit A.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resonation was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
on the .........2D.`h.,......... day of ........Ssptetuber 20.x.4., by the
following vote:
City Attorney
AYES: Mayor Glass, Harris, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: Healy _
ABSENT: N e
ATTEST:
City Clerk Mayor r •
Council File
Res. No........2.00.4-.1&9........N.C.S.
EXHIBIT A
AMENDMENT N0.4 TO THE AGREEMENT FOR COLLECTION AND DISPOSAL
OF GARBAGE, RUBBISH, WASTE MATTER, AND RECYCLABLES AND STREET
SWEEPING WITHIN THE CITY OF PETALUMA
THIS AMENDMENT to the Agreement for Collection and Disposal of Garbage,
Rubbish, Waste Matter, and Recyclables and Street Sweeping Within the City of Petaluma, dated
June 16, 1997 ("the Agreement"), is entered into by and between the City of Petaluma, a charter
city, and a municipal corporation ("the City"), and Empire Waste Management, a division of
Waste Management Collection and Recycling, Inc., a California corporation ("the Contract
Agent"), effective , 2004.
Whereas, the parties desire to extend the termination date of the Agreement from
February 28, 2005 to June 30, 2005, and to amend the Agreement to permit such an extension
without the need for three year's notice.
NOW, THEREFORE, the parties agree as follows:
1. The first sentence of the paragraph of the Agreement labeled "TERM" is amended to read
as follows:
This contract shall commence on June 16, 1997, and shall terminate no later than
June 30, 2005, unless terminated for cause as herein specified.
2. For purposes of this amendment, the parties agree to mutual waiver of the following
provision in the final sentence of the paragraph of the agreement labeled "TERM," only
to the extent that it requires that any amendment to extend the term of this contract be
agreed upon no later than three years prior to the end of the contract:
Any amendment to extend the term of this contract must be agreed upon in
writing by the City and Contract Agent no later than three (3) years prior to the
end of the contract as established in this section, except if terminated as
authorized in the contract.
3. The requirement that any amendment to the contract be agreed upon in writing
remains in full force and effect.
4. All other terms and conditions of the Agreement, including any and all amendments and
addenda thereto, shall remain in full force and effect.
Resolution No. 2004-184 N:C.S. Page 2
IN WITNESS WHEREOF, the parties execute this Amendment to Agreement.
CITY OF PETALUMA WASTE MANAGEMENT
City Manager President
APPROVED AS TO FORM:
Secretary/Treasurer
City Attorney
ATTEST:
City Clerk
APPROVED:
Finance Director
APPROVED:
Risk Manager
Resolution No. 2004-184 N.C.S. Page 3