HomeMy WebLinkAboutResolutions 87-019 N.C.S. 01/20/1987JAN1219811~
~~ - ~Zesolution No. 87-19 N.C.s.
of the City of Petaluma, California
RESOLUTION CONSENTING TO THE ASSIGNMENT OF
CURBSIDE RECYCLING PROGRAM FROM PETALUMA REFUSE
COMPANY, INC. TO THE PETALUMA RECYCLING CENTER
WHEREAS, the City of Petaluma and the Petaluma Refuse Company,
Inc. , entered into an agreement dated May 19, 1975, for collection and.
disposal of garbage, rubbish anal waste matter within the City of Petaluma
and
WHEREAS, said agreement was amended by the parties thereto,
effective March 17, 1986 and
WHEREAS, said agreement, as amended, authorizes the assignment by
Petaluma Refuse Company, Inc. of part performance of the services to be
provided thereunder, with the consent of the City of Petaluma and
WHEREAS, Petaluma Refuse Company, Inc. has requested the consent
to authorize assignment of services to the Petaluma Recycling Center (a
non-profit organization) for curbside recycling services within the City of
Petaluma.
NOW THEREFORE BE IT RESOLVED that consent is hereby granted
authorizing assignment of curbside recycling services to the Petaluma
Recycling Center, in accordance with the terms and conditions of the
agreement between Petaluma Refuse Company, Inc. and Petaluma Recycling
Center, which agreement is attached hereto as Exhibit A and incorporated
herein by reference.
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 Apprf "as
Council of the City of Petaluma at a (Regular) (~~},) (~~) meeting
on the .....20th._.-..... day of ...............Januar3'..--.........-.......--•--, 19_-87, by the
following vote: ------------- •---••---.-..-...-.....-...-
AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Alayor 'fencer, Aiayor~HilJfigoss
NOES: 0
ABSENT: 0
ATTEST : .... ....... .............. .:..................---........ ..........-. ~-
c.f
' y Clerk
Council File . ..... ....................
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CA 10-85 Res. No ..........:.................... N.C.S.
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,AGREEMENT
THIS AGREEMENT is entered. into between PETALUMA REFUSE
COMPANY, INC., whose address is P,. O. Box 6.97, Santa Rosa,
California 95407, and PETALUMA RECYCLING CENTER, 315 Second
Street, Petaluma, California 94952, a :non-.profit division of OLD
ADOBE DEVELOPMENTAL SERVICES, 235 Casa Grande Road, Petaluma,
California 94;952...
R e c i t a l s
PETALUMA REFUSE: COMPANY, INC. is the exclusive contract
agent with the City of Petaluma f:or the collection and disposal
of garbage and refuse in the City of Petaluma., including recyc-
Table materials. PETALUMA RECYCLING CENTER is anon-profit
organization located in the City of Petaluma which desires to
provide a curbside recycling program in that city. The parties
et forth their agreement with reference to such program on the
terms and conditions, hereinafter set forth..
IT IS HEREBY AGREED:
1. Curbside Recycling Program in the City of Petaluma
Conditioned upon__ th'e consent of the City of Petaluma being first
obtained, PETALUMA REFUSE `COMPANY, INC. authorizes and 'permits
PETALUMA RECYCLING CENTER to conduct a recycling program in the
City of Petaluma, on 'the terms and conditions hereinafter set
forth.
'2. Term.. -The. term of this Agreement shall be for a period
beginning February 1, 1987 and terminating December 31, 1.99.1,
.provided that either party may cancel this Agreement without
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cause upon 120 days' advance written notee'to tYie other party.
If the parties are. then in agreement., tfiis Agreement may be
extended for such further period after termination as the parties
shall then agree. Notwithstanding the foregoing, this Agreement
shall earlier terminate upon the happening of any of the follow-
ing:
(a) at such dine as DAVID DONATI'ceases to be the managing
executive director of PETALUMA RECYCLING CENTER and
directly responsible for the recycling program provided
for herein, or
(b) upon request of the City'of Petaluma, or
(c) at the option of PETALUMA REFUSE COMPANY, .INC., if
PETALUMA RECYCLING CENTER shall breach any t"erm or
provision of this .Agreement..
3. Recycling Program... PETALUMA RECYC-LING CENTER shall
conduct a curbside recycling program hereunder conforming to the
requirements of the City of Petaluma. The recycling program
shall be coordinated with PETALUMA REFUSE COMPAN°Y, 'INC. so that
the garbage and refuse pick-up and the r.ecycTng program do not
interfere. with each other, cause inconvenience to the residents
of Petaluma, or in any way impair the exclusive contract of
PETALUMA REFUSE COMPANY, INC. with the City of Petaluma.
PETP,LUMA REFUSE COMPANY, INC. will supply to PETAILUMA RECYCLING
CENTER~adyertisng and explanatory literature and materials
relating to the cur-bside recycling program... PETALUMA RECYCLING
CENTER agrees to use recycle containers selected by PETALUMA
REFUSE COMPANY, INC. in the curbside recycling program hereunder.
4. Collection Vehicle. PETALiTMA REFUSE COMPANY, INC. will
loan one collection vehicle to PETALUMA RECYCLING CENTER for its
use exclus~~ely in the recycling program in Petaluma. PETALUMA
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RECYCLING CENTER shall. collect the recyclable materials in
Petaluma with the. foregoing vehicle and hall maintain and repair
that vehicle in good and safe condition and. repair. PETALUMA
REFUSE COMPANY, INC.,. will at the request of PETALUMA RECYCLING
CENTER, perform maintenance and repair work on the collection
vehicle, including pro~id'ing parts and labor, at its cost.
5. Indemnyty - Insurance. PETALUMA RECYCLING CENTER shall
indemnify, defend and hold PETALUMA REFUGE COMPANY, INC. harmless
from all claims, demands, and liabilities o`f every kind resulting
directly or indirectly -from the recycling program conducted by
PETALUMA RECYCLING CENTER in the City of Peta-lama, and shall pay
:for and maintain
(a) a comprehensive general liability insurance policy
covering bodily injury and property damage with a,
combined single limit of $1,000,000.00,
(b) motor vehicle insurance. covering the vehicles operated
by it in carrying out the recycling program in amounts
not less than $'1,000,000.00, and
(c) workers compensation insurance. covering all of its
employees written in accordance with the requirements
of the laws of the State of Cal fornia, which policy
shall include both worker's compensation and employer
liability in €he amount of $100,0'00.00 coverage.
PETALUMA RE°FUSE COMPANY., INC. shall be named.. as a co-insured
under each of the foregoing policies.
6. Marketing of Salvageable Materials. PETALUMA RECYCLING
CENTER agrees to sell all recycled materials through NORTH COAST
SALVAGE at fair market value.
7. No Right to Assign. Neither this Agreement nor any
right hereunder may be assigned, delegated or sublet by PETALUMA
RECYCLING CENTER. I~t is agreed that this Agreement is personal
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to PETALUMA RECYCLING CENTER and shall continue only while DAVID
DONAT3 is the managing executive. director of the program to be
operated hereunder.
IN WITNESS WHEREOF, the parties execute this Agreement on
the 28th day of January 198 7
PETALUMA RE~FUSE.COMPANY, INC.
a California corporation
-----
by ~,~'f
its General Manager
PETALUMA RECYCLING CENTER
by ~~ lr -/~~„
David Donati
Director
OLD ADOBE DEVELOPMENTAL S VICES
by ~`
its Executive Director
CONSENT OF CITY OF PETALUMA
The City of Petaluma consent's to the forectoincr Agreement.
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