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HomeMy WebLinkAboutResolution 2005-092 N.C.S. 06/20/2005 Resolution No. 2005-092 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NO. 5 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, AND AUTHORIZING AN INCREASE IN MAXIMUM RATES OF 4% 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 an uninterrupted continuance of service while a final selection. is made for refuse collection to December 31, 2005; and, WHEREAS, Empire Waste Management shall be granted an increase in maximum rates of four percent (4 effective July 1, 2005, as a result of this contract extension and in recognition of their prior years' waivers of rate increases in maximum rates afforded in the existing franchise agreement during the extended period of proposal review. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to sign Amendment 5 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, including an adjustment in maximum rates of no more than 4% effective July 1, 2005 as reflected in Exhibit B. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: [hereby certify the foregoing Resohation was introduced and adopted by the Appro ed Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting on the ........~Qfh........... day of .......dune 20:pS., by the following vote: City Attorney AYES: Canevaro, Mayor Glass, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: Vice Mayor Harris , r` ' ATTEST: ~ ~ City Clerk Mayor Council File Res. Nn.......2005-092 N.C.S. EXIII~IT A AMENDMENT NO.S 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 of 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 , 2005. WHEREAS, the parties desire to extend the termination date of the Agreement from June 30, 2005 to December 31, 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 on December 31, 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. Resolution No. 2005-092 N.C.S. Page 2 3. The requirement that any amendment to the contract be agreed upon in writing remains in full force and effect. 4. In consideration of the extension of this agreement, the Contract Agent is authorized an interim increase in maximum rates of four percent (4%), effective July 1, 2005. 5. During this period of extension, the City shall be able to continue to dispose of all material at the Redwood Landfill based on tonnage rates in effect during the previous agreement. 6. 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 EMPIRE WASTE MANAGEMENT City Manager President APPROVED AS TO FORM: Secretary/Treasurer City Attorney ATTEST: City Clerk APPROVED: Administrative Services Director APPROVED: Risk Manager Resolution No. 2005-092 N.C.S. Page 3 INCREASE: 4.00% EFFECTIVE: 7/1/2005 EMPIRE WASTE MANAGEMENT RATE SHEET Effective 07/01/2005 RESIDENTIAL SERVICE COMMERCIAL CAN SERVICE 20 GALLON AUTO CAN 5.14 PER MO. 32 GALLON CAN 15.98 PER MO. EACH ADD'L 35 GAL EXTRAS 6.61 PER SVC ADD'L 32 GAL CAN .15.98 PER MO. EACH ADD'L 32 GAL EXTRAS 6.61 PER SVC 35 GALLON AUTO CAN 9.11 PER MO. EACH ADD'L 35 GAL EXTRAS 6.61 PER SVC 90 GALLON AUTO CAN 39.60 PER MO. 60 GALLON AUTO CAN 15.94 PER MO. ADD'L 90 GAL CAN 39.60 PER MO. ADD'L 60 GAL CAN 17.14 PER MO. EACH ADD'L 35 GAL EXTRAS 6.61 PER 5VC EACH ADD'L 35 GAL EXTRAS 6.61 PER SVC 90 GALLON AUTO CAN 26.99 PER MO. ADD'L 90 GAL CAN 29.46 PER MO. EACH ADD'L 35 GAL EXTRAS 6.61 PER SVC 62 YEARS OR OLDER ON SSI & MEDI-CAL 9.96 PER MO. APARTMENTS 32 GALLON CAN 15.98 PER MO. ADD'L 32 GAL CAN 13.62 PER MO. COMMERCIAL BIN SERVICE EACH ADD'L 32 GAL EXTRAS 5.25 PER SVC FREQ. 1 YD 1.5 YDS 2 YDS 3 YDS 4 YDS 6 YDS 1X/WK 135.29 158.93 212.65 233.64 319.74 ROLL OFF 2X/WK 216.61 261.86 354.87 436.76 527.91 20 YARD 137.76 3X/WK 300.03 354.87 .567.21 638.68 797.13 30 YARD 165.28 4X/WK 354.25 502.44 744.14 842.93 .1,052.04 40 YARD 165.28 SX/WK 477.72 623.52 919.42 1,046.42 1,306.23 Disposal per Ton 58.14 6X/WK 566.59 649.97 1,098.65 1,248.86 1,633.17 Liner 31.20 EACH ADDITIONAL YARD: L 16.00 REVIEWED BY: APPROVED BY: DATE: DATE: Resolution No. 2005-092 N.C.S. Page 4