HomeMy WebLinkAboutResolution 2003-021 N.C.S. 02/03/2003
Resolution No. 2003-021 N.C.S.
of the City of Petaluma, California
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN
AMENDMENT NO. 2 TO THE AGREEMENT FOR COLLECTION AND DISPOSAL
OF GARBAGE, RUBBISH, WASTE MATTER AND RECYCLABLES AND STREET
SWEEPING WITHIN THE CITY OF PETALUMA AND INCREASING THE
FRANCHISE FEE AND EXTENDING THE TERMINATION DATE
WHEREAS, the City and Empire Waste Management (the "Waste Hauler Contractor")
wish to increase the franchise fee paid to the City; and,
WHEREAS, to do so will require an amendment to the existing agreement for the
Collection and Disposal of Garbage, Rubbish, Waste Matter, and Recyclables with our current
contractor; and,
WHEREAS, the City wishes to amend the Agreement to increase the franchise fee that is
payable to the City from the contractor from 10.0% of gross revenues to 13.22% of gross
revenues; and,
WHEREAS, the City and Empire Waste Management desire to extend the termination
date of the Agreement from .June 16, 2004 to June 30, 2004 and waive the requirement for three
years' notice.
NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized
to .sign Amendment No. 2 to the Agreement for Collection and Disposal of Garbage, Rubbish,
Waste Matter, anal 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 form
.........~r~l........... day of ........February ................................ 20......, by the
on the
following vote: ••••••••• •••••••••••••••••
~~ y' ttorney
AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
NOES: None
ABSENT: Non G /
ATTEST: ........ ... ... ... ... .. ....... ....................
City lerk Mayor
Council File ...................................
Res. No.........~Q.0~.:0.~.~..._...N.C.S.
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Exhibit A
AMENDMENT N.O. 2 TO THE AGREEMENT FOR COLLECTION AND
DISI'OSAIJ OF GARDAGE, RUBBISI3, 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 corpgratioi ("the. Contract Agent"), effective
2003.
WHEREAS, the parties desire to increase the amount paid to the City under the paragraph of the
Agreement labeled "Payment to City" to compensate the City for-the increased costs due to wear and tear
on streets caused by the use of ahe streets; by the Contract Agent's solid waste collection vehicles.
WHEREAS, the. parties further desire to extend the termination date of the Agreement from June 16,
2004, to June 30, 2004, and to amend the Agreement to permit such an extension without the need for
three years' notice.
NOW, THEREFORE, the parties agree as follows:
The paragraph of the Agreementlabeled "Payment to City" is amended to read as follows:
PAYMENT TO CITY
In consideration.ofthe execution of this Agreement, the Contract Agent shall pay
to the City 13.22% percent of its gross revenue until termination of the
Agreement. For purposes herein; "gross revenue" shall mean all revenue
collected by Contract Agent pursuant to the. terms of the Agreement.
2. 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 on June 30,
2004, unless terminated for cause as herein specified.
3. 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:
Res. No. 2003-021 N.C.S.
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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.
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.
IN WITNESS WHEREOF, the parties execute this Amendment to the Agreement.
CITY OF PETALUMA WASTE`MANAGEMENT
City Manager President
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED:
Finance Director
APPROVED:
Risk Manager
Secretary/Treasurer
Amendment to Waste Collection Agrmt (version 2)
1/24/03 (fmk)
Res. No. 2003-021 N.C.S.