HomeMy WebLinkAboutStaff Report 4.A 01/05/2004f� JAN 5 2004
Resolution No. 2003 -231 N.C.S.
of the Ci t y of .Petaluma, California
AUTHORIZING CITY MANAGER TO SIGN AMENDMENT NO. 3 TO THE
AGREEMENT FOR COLLECTION AND DISPOSAL OF`GARBAGE, RUBBISH,
WASTE MATTER AND RECYCLABLES AND STREET "SWEEPING WITHIN THE
CITY OF PETAL-UMA 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 fo'r 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.
Underlhe power and authority conferred upon`this Council byjhe C harter of said City
Y Y foregoing as introduced and adopted .by the Approved as to
RE FERENCE: Council of the City of Petaluma at aU (Regular) (Adjourned) (Special) meeting m
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on the .. ...L7............ day of ....... Novemb_ sz .. ..................... 20:03., by the
following vote:.
City Attorne
AYES: Canevaro, Mayor Glass, Harris, Moynihan, Vice Mayor O'Brien, Torliatt
ES: Healy
ABSENT: No
ATTEST: ........:.:
'City" Clerk Mayor
Council. File .. .:....................... .......
Res. No. .. :....2003. <23.1.........N.0 S.
a ��,
A
EXHIBTT A
AMENDMENT NO ... 3 TO THE AGREEMENT: FOR COLLECTION'AND DISPOSAL
OF GARBAGE, RUBBISH, WASTE MATTER, AND RE'CYCLABLES 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
, 2003.
Whereas, the parties desire to extend the termination date of the Agreement from June 30, 2003
to February 29, 2005, and to amend the Agreement to permit such-an extension without the need
for three year's notice.
NOW, THEREFORE, the partie& agree as follows:
1. The first sentence of the paragraphbf the Agreement. labeled "TERM" is amended to read
as follows:
This contract shall com mence on June 16 1997, and shall terminate on February
29, 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 sente
p nce 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 dater 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.
- Resolution 2003-231 N.C.S.
Page 2
t,
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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 Agreement.
CITY OF PETALUMA WASTE MANAGEMENT
City Manager
APPROVED AS TO FORM:
President
City Attorney
ATTEST:
City Clerk
APPROVED:
Finance Director
APPROVED:
Risk Manager
APPROVED:
City Manager (Department)
Secretary /Treasurer
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is
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Resolution No. 2003 -231 N.C.S.' Page 3
RESOLUTION AMENDING:FRANCHISE AGREEMENT WITH EMPIRE WASTE
MANAGEMENT TO EXTEND AGREEMENT FOR A PERIODNOT TO EXCEED
FEBRUARY 28, 2005.
Whereas, The City of Petaluma., currently is engaged.in a Franchise Agreement with
Empire Waste Management for collection of solid waste, recyclables and yard waste
trimmings, and,
Whereas, that agreement expires in June 2004, and,
Whereas, the City of Petaluma has initiated a process to solicit proposals for solid waste,
recycling and yard trimming collection, and,
Whereas, it appears that additional time will be:need to complete the solicitation, review
and selection process beyond the end of the current Empire Waste'Management
agreement, now,
Be It Resolved the City Council hereby authorizes the City Manager to sign an
amendment to the existing:agreemei t with Empire Waste Management to extend the term
of the agreement for a,period not-to extend beyond February: 28, 20.05. Such extension
shall only be granted. under all other conditions sand 'spec`ficatons of the existing
agreement.
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