HomeMy WebLinkAboutResolutions 88-050 N.C.S. 02/16/1988FZ~S~IUtIOn N~. 88-50 N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING THE AGREEMENT WITH
THE PETALUMA REFUSE COMPANY, INC., PROVIDING
FOR THE EXTENSION OF THE TERM AND ANNUAL
AUTOMATIC EXTENSIONS THEREAFTER AND A RATE
INDEXING STRUCTURE.
WHEREAS, the City of Petaluma entered into an Agreement for the
collection and disposal of garbage, rubbish and waste matter within the City
of Petaluma, which Agreement was dated May 19, 1975, and,
WHEREAS, the terms of said Agreement were amended by an
Amendment to Agreement between the City and the Petaluma Refuse
Company, Inc., which Agreement was dated March 17, 1986, and,
WHEREAS, the City Refuse Services Committee has met on several
occasions with representatives of the Empire Waste Management Company for
purposes of exploring acity-wide recycling program and,
WHEREAS, Empire Waste Management has agreed to implement a
voluntary recycling program throughout the City commencing in June of
1988, and,
WHEREAS, in consideration for commencing such a program and making
the financial investment required, Empire Waste Management has requested
and the Refuse Services Committee has recommended making certain
amendments to the aforesaid Agreement with Petaluma Refuse Company,
Inc.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and/or City
AQanager are hereby authorized to execute an amendment to an agreement
with the Petaluma Refuse Company., Inc., which Amendment is attached
hereto as Exhibit A and incorporated herein by reference.
reso.refuse
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the proved as to
Council of the City of Petaluma at a (Regular) ~g~g~g~}~l) meeting rm _-.
on the ..16th ............. day of ...-.... Februar.Y............_.........._.....-., 19.$$-., by the
following vote: ... -•-•--•-• ......................
ity Attorney
AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Ma~r~Hilligoss
NOES: p
ABSENT: ~~
ATTEST : .... ................ ......... ....... ~~ s~~~-~~.~.`,_.___....-.-...--........ .......-..-- -•-
City Clerk Mayor
(buncil F'1 .... ... -... .
~ ~- 5t1 ................ .
CA LO-85 Res. No . .............................. N.C.S.
AMENDMENT TO AGF,EEMENT
This Amendment to Agreement is hereby entered into this day of
March., 1986, by and between the City of Petaluma, a Charter City,
hereinafter referred to as "City" and the Petaluma Refuse Company, Inc., a
California corporation, hereinafter referred to as "Contract Agent" .
WHEREAS, the parties hereto previously entered into an Agreement
dated the 19th day of May 1975 .for the collection and disposal of garbage,
rubbish and waste matter within the City of Petaluma; and,
WHEREAS, the terms of said Agreement were extended by City
Ordinance No. 1384 N:C.S, to June 30, 1989;
NOW THEREFORE it is mutually agreed between the parties as follows
1. The term of the Agreement shall be and is hereby extended to
and including December 31, 1991, as authorized under Section 8.16.080 of
the Petaluma Municipal Code.
2. In consideration for said extension, the provisions- of the
Agreement relating to "Payment to City" are hereby amended as follows.:
A. Contract Agent shall pay to City, five (5$) percent of its
gross revenues, effective April 1, 1986; and ten (100) percent of its gross
revenues, effective Jan. 1, 1987 and continuing at the rate of ten (100)
percent thereafter until the termination of the Agreement .
B . For purposes herein, "gross revenues" shall mean all
revenues collected by Contract Agent pursuant to the terms of the
Agreement .
3. Subsection (h) is hereby added to the paragraph of the
Agreement entitled "Collections" to read as follows:
(h) Street Sweeping. As a part of the services to be rendered
by the Contract Agent under this Agreement, the Contract Agent shall
~XTiIBIT ~5
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perform the street sweeping services required by the City of Petaluma,
including sweeping of all city streets at least twice each month. The street
sweeping equipment presently utilized bythe City of Petaluma in sweeping
the streets shall be provided to the Contract Agent and thereafter the
Contract Agent shall be solely responsible for its licensing, operation,
maintenance, insurance and repair. The consideration to be received by
the Contract Agent for performing these street sweeping services is
included within the compensation received by the Contract Agent pursuant
to the paragraph of this Agreement entitled "Billing by Contract Agent" .
These street sweeping services shall be performed under the supervision of
the Office of the City Manager or his duly constituted representative and
shall be pursuant to rules and regulations adopted and approved by the
City Manager and the Contract Agent.
4. In all other respects, the terms and conditions f said Agreement
are hereby ratified and hall remain in full force and ~ fit. 9 `.._-
ATTEST: By: ~~~~, ; '
City Clerk Mayo
Approved form:
City to ney
Approved
.J y
' it . Fin . Au d'' or
PETALUMA REFUSE CO., INC.
Name and Title
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