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HomeMy WebLinkAboutAgenda Bill 4.A 09/20/2004CITY OF PETALUMA, CALIFORNIA is LJ AG `1�; T'r . A .1 1 AG `� • se Collection Franchise J n 30 Meeting Date: September 20, 2004 A Agreement to extend term to 5.. g - Meeting Time ® 3:00 PM ❑ 7:00 PM Category (check one) L1 Consent Calendar El Public Dearing ❑New Business Unfinished Business F Presentation Department Director - Contact Person Phone Number City Manager Michael Bierman Michael Bierman 778=4347 Cost of.`Pronosal 'n/a Account Number Amount Budgeted n/a Name , of Fund: Attach "ments to Agenda Packet I -tem 1. Timeline from Hilton Farnkopf & Hobson regarding selection. process. 2.. Letter from Empire Waste: Management. approving contract ,extension. .3. Resolution extend termination date of existing- contract with Empire Waste Management Summary Statement Due to the continuing evaluation. existing contract with Empire prrop4sa�o Waste Management be extendedof ths; to allow g O p of the process and to ensure uninterrupted service to the community. Recommended City .Council Action /Suggested Motion Approve resolution authorizing contract extension to June 3;0 2005. Re `ew d v Finance Director: ' Reviewed by City Attorney -: A rov b" Ci Manag ...,Date,:. 4 - . � _Date: . A P 9 200 1, -4it Toda s Date: Revision # an at g2evi'sed: File Code: is LJ `1 CITY OF PETALI< MA, �CALIF'O)Etl�TIA SEPTEMBER 20,2004 AGENDA DEPORT' FOR CONTRACT EXTENSION FOR, COLLECTION OF -SOLID ` W ASTE, RECYCLABLES AND YARD WASTE DEBRIS 1. EXECUTIVE :: The attached resolution authorizes?the extension of the existing contract for solid waste collection to June 3'0, 2005. This will allow the finalization of evaluation of the three proposals as directed by the City Council and will ensure uninterrupted service to the. community 2. ' BACKGROUND 'OniAugust 23, 20,04 the City Council considered 'a report from our consultant regarding the proposals for solid waste collection services. The council directed staff to continue evaluating the proposals from three of the companies: Empire Waste Management, Green Waste, and.Norcal. Staff was directed to - negotiate with the three companies and to return with a final recommendation: Staff and consultant recommend that sufficient time be given in which to meet and negotiate the terms�of'an, ent as it'would each of the three remaining proposers: Additional time maybe needed in. order to have the - preferred company geared up for the. new pr" ograms: This would especially be, true if a new company is selected. It is recommended that;the exsisting agreement with Empire Waste. Management be extended to June 30 2005 to ensure provision of service to the community. 3. ALTERNATrvES Not extend the contract and take the chance that,a new .provider, if selected, will be able,to startservice b the end of the current contract (February 28, 2005). 4. FINANciAL IMPACTS None 5. CONCLUSION T he existing contract should be extended to,June 30,2005. 91 dP ETIOiN: Collection service to the community will be uninterrupted: 7. RECOMMENDATION Authorize the recommended amendment, approving the contract extension to June. 3 2004. { Selection Process Timeline Contractor Negotiations Task Date a. Initial meetings companies Week of September 6 b. Revised cost proposals submitted by September 29 companies c. Review of revised' proposals completed October 13 by HF &_H; d. Negotiations with companies September - December e. Final ne otiatios with com an ies . g p y(' ) September - December f. Council meeting, contract -g antiar j y 17 execution g. Start date, of new agreement july 1 September 01, 200,4 Mr.-Gene, P. Beatty Interim Assistant City Manager City of Petaluma P 0,13ox, 61 Petaluma,, CA 94953-0061 RE-; Contr4aExteris-ion P.O. Box Z97 Santa Rosa, Cai'lifornia 95402 (707) 584-4206 REC E 'SEP 0 3 2004 CITY NIANPAGER Dear Gene, I 'have received your E-mail dated August 3 0, .2004 requesting an extension of our current' agreement: through June 3 0,.2005'. Empire Waste Management is a(,- T e�eabte­, to the I. proposed extension to our cur-rent aue6ment - and-, looks: forward to Workin" 9 with "the City for` many years to come. Please let me know what action the City takes on this matter. Very Truly Yours, James Landa 'Director of.Municipal'Relations 707-484-:6150 , cc.- Michael l3iorman,C-ity Manager Kafie Krunip, Executive Assistant to the City'Manager is • RESOLUTION .AUTHORIZING CITY MANAGER TO SIGN AMENDMENT NO. 4 TO AGREEMENT FOR: COLLECTION AND DISPOSAL 'OF GARBAGE, RUBBISH, WASTE MATTER AND RE'CYCLABLES 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, i 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, NOW, THEREFORE, BE'IT'RESOLVED, that the City Manager is hereby authorized to sign Amendment 4 to the Agreement for Collection and Disposal of Garbage, Rubbish, Waste Matter, and R'ecyclables and Street Sweeping'within the City Petaluma, attached as Exhibit A. EXHIBIT A AMF,NDMENT'NO. 4, TO THE AGREEMENT 'F,OR.COLLE.C,TION AND DISPOSAL OF GARBAGE, RUBBISH WASTE - MATTER, ,AND RECYCLABLES AND STREET SWEEPING WITHIN -I HE CITY OYPETALUMA THIS AMENDMENT to theAgreement 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 Waste Manag mant aiion ("the Recycling, City"), and Empire Waste Management, a division of y g, Inc., a California corporation ( "the Contract Agent "), effective 2004. desire. to extend the termination date of. the Agreement from February Whereas, 8 parties , 2005 to June 3Q ` .; 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 contrac commence on June 16, 1997, and shall terminate no later than June 30, 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 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`th& 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. The requirement thatany;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. P IN WITNESS WHEREOF the parties execute th'i's 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 APPROVED: Risk- Manager