HomeMy WebLinkAboutResolution 2004-069 N.C.S. 05/03/2004
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resolution No. 2004-069N.~.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER
TO SIGN AMENDMENT N0.3 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, THEREFORE, BE IT RESOLVED, that the City Manager is hereby
authorized to sign Amendment 3 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 Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting rm
on the .......~.`.d day of ......~!ley........................................, 2~4.., by the
following vote:
City Attorney
AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None
ABSENT: None ~ )
ATTEST: .~~~1~~~~~Y .fit
City Cler Mayor
Council File
Res. No.....2~.Q4.c.Q~.4....._...N.C.S.
EXHIBIT A
AMENDMENT N0.3 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 June 30,
2003 to February 28, 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 February 28, 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. In consideration of the extension, Empire Waste Management agrees to forego
the 2.24% rate increase effective January 1, 2004 as well as the rate increase
allowed under the current contract for January 1, 2005.
4. Empire Waste Management agrees to pay an additional franchise fee in the
amount of $250,000 annually. In exchange, Empire Waste Management will be
allowed to transport all of the City's municipal solid waste to Redwood landfill.
Resolution No. 2004-069 N.C.S. Page 2
This amount is based upon current tonnages and would also be subject to any
unforeseen State or Federal regulatory fees that possibly maybe imposed during
this period.
5. Empire Waste Management will work with the City to place additional refuse
containers in the downtown area as a means to increase service there.
6. Empire Waste Management will provide enhanced recycling services at
community events as determined and agreed upon between Empire Waste
Management and the City.
7. Empire Waste Management will increase street sweeping service two additional
days per week during the peak leaf-fall. period of October and December.
8. The requirement that any amendment to the contract be agreed upon in writing
remains in full force and effect.
9. All other terms and conditions of the Agreement, including any and all
amendments and addenda thereto, shall remain in full force and effect.
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
Signatures Continued on Next Page
Resolution No. 2004-069 N.C.S. Page 3
APPROVED:
Risk Manager
APPROVED:
City Manager
Resolution No. 2004-069 N.C.S. Page 4