HomeMy WebLinkAboutAGENDA REPORT 2014 0521 CCSA REG ITEM 10E ITEM 10.E.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL ACTION:ca>2,4 A Attie
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BY: LYh. •
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Senior Management Analyst-Air
DATE: May 9, 2014 (CC Meeting of 05/21/14)
SUBJECT: Consider Resolution Amending the City of Moorpark Franchise
Agreements with G.I. Industries and Moorpark Rubbish Disposal, for
both Residential and Commercial Solid Waste Services, and Authorize
the City Manager to Execute the Amendments to the Agreements to
Extend Term to December 31, 2014
BACKGROUND
In December, 2010, the City Council (Council) approved the extension of the Franchise
Agreements with both G.I. Industries and Moorpark Rubbish Disposal (Franchise
Agreements) for six months from their expiration date of December 20, 2010, to June 30,
2011, and in May, 2011, the Council again approved by resolution the extension of the
Franchise Agreements for an additional six months from June 30, 2011, to December 31,
2011. On December 7, 2011, Council extended the term by another two months to expire
on February 29, 2012, and on February 1, 2012, Council extended the term by an
additional two months to expire on April 30, 2012. On April 18, 2012, Council again
extended the term by an additional five months to expire on September 30, 2012, and on
July 18, 2012, Council extended the term by an additional three months to expire on
December 31, 2012. On December 5, 2012, Council again extended the term by an
additional six months to expire on June 30, 2013. On June 5, 2013, Council again
extended the term by an additional six months to expire on December 31, 2013. On
November 6, 2013, Council again extended the term by an additional six months to expire
on June 30, 2014. The Franchise Agreements allow annual rate adjustments to be
effective on January 1 however; no adjustments have been approved since January 1,
2011.
154
Honorable City Council
May 21, 2014
Page 2
DISCUSSION
Council is being asked to consider amending the Franchise Agreements, to extend the
Agreements for an additional six months through December 31, 2014, so that City Staff
can continue to negotiate terms of the Franchise Agreements including options for
additional service enhancements. Council is also being asked to defer consideration of the
annual rate adjustment for the same period.
FISCAL IMPACT
No fiscal impact.
STAFF RECOMMENDATION
1. Adopt Resolution No. 2014 - , Amendment to City of Moorpark Franchise
Agreements between the City of Moorpark and G.I. Industries and the City of Moorpark
and Moorpark Rubbish Disposal for Providing Commercial Solid Waste and Recycling
Services and Residential Solid Waste and Recycling Services to Extend Term to
December 31, 2014.
•
2. Authorize the City Manager to execute the amendments to the Franchise Agreements
subject to final language approval of the City Manager and City Attorney.
Attachment A— Draft Resolution
Attachment B — G.I. Industries Commercial Agreement Amendment No. 9
Attachment C — G.I. Industries Residential Agreement Amendment No. 10
Attachment D — Moorpark Rubbish Disposal Commercial Agreement Amendment No. 9
Attachment E — Moorpark Rubbish Disposal Residential Agreement Amendment No. 10
S:\Public Works\Everyone\Reports\Staff Reports\20141May\05-21-2014(Franchise SW Agmt Extension).doc 15 5
Attachment A
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FRANCHISE
AGREEMENTS BETWEEN THE CITY OF MOORPARK
AND G.I. INDUSTRIES AND THE CITY OF MOORPARK
AND MOORPARK RUBBISH DISPOSAL FOR PROVIDING
RESIDENTIAL SOLID WASTE SERVICES AND
COMMERCIAL SOLID WASTE SERVICES TO EXTEND
TERM TO DECEMBER 31, 2014
WHEREAS, the City provides residential and commercial solid waste and
recycling collection services; and
WHEREAS, on September 18, 2002, the City Council granted two exclusive
Franchise Agreements with G.I. Industries and two exclusive Franchise Agreements
with Moorpark Rubbish Disposal for the collection, transportation, recycling, and
disposal of residential solid waste and commercial solid waste in designated areas
within the City limits; and
WHEREAS, the Franchise Agreements included an expiration date of December
31, 2010, with an option to extend the term for up to an additional two (2) years, and
Franchise Agreements were extended for six (6) months to June 30, 2011 with the
adoption of Resolution Numbers 2010-2977, 2010-2978, 2010-2979, and 2010-2980,
extended for another six (6) months to December 31, 2011 with the adoption of
Resolution Number 2011-3024, and extended again for two (2) months to February 29,
2012 with the adoption of Resolution Number 2011-3076, and extended again for
another two (2) months to April 30, 2012 with the adoption of Resolution Number 2012-
3085, and extended again for another five (5) months to September 30, 2012 with the
adoption of Resolution Number 2012-3102, and extended again for another three (3)
months to December 31, 2012 with the adoption of Resolution Number 2012-3125; and
extended again for another six (6) months to June 30, 2013 with the adoption of
Resolution Number 2012-3147; and extended again for another six (6) months to
December 31, 2013 with the adoption of Resolution Number 2013-3194; and extend
again for another six (6) months to June 30, 2014 with the adoption of Resolution
Number 2013-3234; and
WHEREAS, the Franchise Agreements state that annual rate adjustments shall
be effective each January 1 during the term of the Franchise Agreements, and
WHEREAS, the City Council declares its intention to further extend the term of
the Franchise Agreements.
156
Resolution No. 2014 -
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Section 2, shall be amended to include "The
collection services to be provided pursuant to this Agreement shall begin on October 1,
2002, and end on December 31, 2014, unless sooner terminated."
SECTION 2. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Exhibit G.A, shall be amended to include
"Consideration for the rate adjustment scheduled to be effective January 1, 2012 shall
be deferred until a date no later than December 31, 2014." With the exception of the
change to the above noted document, all other provisions contained in the Franchise
Agreements shall remain in full force and effect.
SECTION 3. This extension shall become effective upon execution of the
amendment by both parties.
SECTION 4. The City Clerk shall certify to the adoption of the resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 215` day of May, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
157
Attachment B
AMENDMENT NO. 9
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
G.I. INDUSTRIES FOR MULTI-FAMILY AND COMMERCIAL
SOLID WASTE SERVICES
THIS AMENDMENT NO. 9 TO THE MULTI-FAMILY AND COMMERCIAL
FRANCHISE AGREEMENT, made and entered into this day of
2014, by and between the City of Moorpark, a municipal corporation located in the County
of Ventura, State of California, hereinafter referred to as "City" and G.I. Industries,
hereinafter referred to as"Grantee" as an amendment to the Multi-Family and Commercial
Franchise Agreement between the City and G.I. Industries, dated October 1, 2002.
WITNESSETH
WHEREAS, the City provides commercial — industrial solid waste and recycling
collection services; and
WHEREAS, on September 18, 2002, the City Council granted exclusive franchise
agreements with G.I. Industries and Moorpark Rubbish Disposal for the collection,
transportation, recycling, and disposal of solid waste in residential and commercial —
industrial areas within City limits; and
WHEREAS, the Franchise Agreement includes an expiration date of December 31,
2010, with an option to extend the term for up to an additional 2 years, and the Franchise
Agreement was extended for 6 months to June 30, 2011 with the adoption of Resolution
No. 2010-2979; for an additional 6 months to December 31, 2011 with the adoption of
Resolution No. 2011-3024; for an additional 2 months to February 29, 2012 with the
adoption of Resolution No. 2011-3076; and for an additional 2 months to April 30, 2012
with the adoption of Resolution No. 2012-3085; and for an additional 5 months to
September 30, 2012 with the adoption of Resolution No. 2012-3102; and for an additional
3 months to December 31, 2012 with the adoption of Resolution No. 2012-3125; and for an
additional 6 months to June 30, 2013 with the adoption of Resolution No. 2012-3147; and
for an additional 6 months to December 31, 2013 with the adoption of Resolution No. 2013-
3194; and for an additional 6 months to June 30, 2014 with the adoption of Resolution No.
2013-3234; and for an additional 6 months to December 31, 2014 with the adoption of
Resolution No. 2014- ; and
WHEREAS, the City Council declares its intention to further extend the term of the
Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
158
City of Moorpark, G.I. Industries
Multi-Family and Commercial Franchise Agreement
Amendment 9, Page 2 of 2
Section 2, Term, Part A, shall be amended, to read, in its entirety, as follows:
"A. TERM. The collection services to be provided pursuant to this Agreement shall
begin on October 1, 2002, and end on December 31, 2014, unless sooner terminated.
GRANTEE's duty to provide indemnification shall survive the end of the period during
which collection services are to be provided."
II. Exhibit G, Rate Adjustment Schedule, Part A, shall be amended to include:
"Consideration for the rate adjustment scheduled to be effective January 1, 2012
shall be deferred until a date no later than December 31, 2014."
III. Remaining Provisions:
All other provisions of the aforesaid Agreement shall remain in full force and effect.
In WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to
be executed by their duly authorized officers the day and year first above written.
CITY OF MOORPARK: G.I. INDUSTRIES:
Steven Kueny, City Manager Mike Smith, Director of Operations
Date Date
ATTEST:
Maureen Benson, City Clerk
159
Attachment C
AMENDMENT NO. 10
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
G.I. INDUSTRIES FOR RESIDENTIAL SOLID WASTE SERVICES
THIS AMENDMENT NO. 10 TO THE RESIDENTIAL FRANCHISE AGREEMENT,
made and entered into this _ day of , 2014, by and between the
City of Moorpark, a municipal corporation located in the County of Ventura, State of
California, hereinafter referred to as "City" and G.I. Industries, a corporation, hereinafter
referred to as "Grantee" as an amendment to the Residential Franchise Agreement
between the City and G.I. Industries, dated October 1, 2002.
WITNESSETH
WHEREAS, the City provides residential solid waste and recycling collection
services; and
WHEREAS, on September 18, 2002, the City Council granted exclusive franchise
agreements with G.I. Industries and Moorpark Rubbish Disposal for the collection,
transportation, recycling, and disposal of solid waste in residential and commercial —
industrial areas within City limits; and
WHEREAS, on December 9, 2009, Amendment No. 1 was signed to increase the
franchise fee to 6%; and
WHEREAS, the Franchise Agreement includes an expiration date of December 31,
2010, with an option to extend the term for up to an additional 2 years, and the Franchise
Agreement was extended for 6 months to June 30, 2011 with the adoption of Resolution
No. 2010-2977; for an additional 6 months to December 31, 2011 with the adoption of
Resolution No. 2011-3024; for an additional 2 months to February 29, 2012 with the
adoption of Resolution No. 2011-3076; and for an additional 2 months to April 30, 2012
with the adoption of Resolution No. 2012-3085; and for an additional 5 months to
September 30, 2012 with the adoption of Resolution Na 2012-3102; and for an additional
3 months to December 31, 2012 with the adoption of Resolution No. 2012-3125; and for an
additional 6 months to June 30, 2013 with the adoption of Resolution No. 2012-3147; and
for an additional 6 months to December 31, 2013 with the adoption of Resolution 2013-
3194; and for an additional 6 months to June 30, 2014 with the adoption of Resolution
2013-3234; and for an additional 6 months to December 31, 2014 with the adoption of
Resolution 2014- ; and
WHEREAS, the City Council declares its intention to further extend the term of the
Franchise Agreement.
160
City of Moorpark, G.I. Industries
Residential Franchise Agreement
Amendment 10, Page 2 of 2
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
Section 2, Term, Part A, shall be amended, to read, in its entirety, as follows:
"A. TERM. The collection services to be provided pursuant to this Agreement shall
begin on October 1, 2002, and end on December 31, 2014, unless sooner terminated.
GRANTEE's duty to provide indemnification shall survive the end of the period during
which collection services are to be provided."
II. Exhibit G, Rate Adjustment Schedule, Part A, shall be amended to include:
"Consideration for the rate adjustment scheduled to be effective January 1, 2012
shall be deferred until a date no later than December 31, 2014."
III. Remaining Provisions:
All other provisions of the aforesaid Agreement shall remain in full force and effect.
In WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to
be executed by their duly authorized officers the day and year first above written.
CITY OF MOORPARK: G.I. INDUSTRIES:
Steven Kueny, City Manager Mike Smith, Director of Operations
Date Date
ATTEST:
Maureen Benson, City Clerk
161
Attachment D
AMENDMENT NO. 9
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK RUBBISH DISPOSAL FOR MULTI-FAMILY AND
COMMERCIAL SOLID WASTE SERVICES
THIS AMENDMENT NO. 9 TO THE MULTI-FAMILY AND COMMERCIAL
FRANCHISE AGREEMENT, made and entered into this day of
2014, by and between the City of Moorpark, a municipal corporation located in the County
of Ventura, State of California, hereinafter referred to as "City" and Moorpark Rubbish
Disposal, a limited liability company, hereinafter referred to as"Grantee"as an amendment
to the Multi-Family and Commercial Franchise Agreement between the City and Moorpark
Rubbish Disposal, dated October 1, 2002.
WITNESSETH
WHEREAS, the City provides commercial — industrial solid waste and recycling
collection services; and
WHEREAS, on September 18, 2002, the City Council granted exclusive franchise
agreements with G.I. Industries and Moorpark Rubbish Disposal for the collection,
transportation, recycling, and disposal of solid waste in residential and commercial —
industrial areas within City limits; and
WHEREAS, the Franchise Agreement includes an expiration date of December 31,
2010, with an option to extend the term for up to an additional 2 years, and the Franchise
Agreement was extended for 6 months to June 30, 2011 with the adoption of Resolution
No. 2010-2980; for an additional 6 months to December 31, 2011 with the adoption of
Resolution No. 2011-3024; for an additional 2 months to February 29, 2012 with the
adoption of Resolution No. 2011-3076; and for an additional 2 months to April 30, 2012
with the adoption of Resolution No. 2012-3085; and for an additional 5 months to
September 30, 2012 with the adoption of Resolution No. 2012-3102; and for an additional
3 months to December 31, 2012 with the adoption of Resolution No. 2012-3125; and for an
additional 6 months to June 30, 2013 with the adoption of Resolution No. 2012-3147; and
for an additional 6 months to December 31, 2013 with the adoption of Resolution No. 2013-
3194; and for an additional 6 months to June 30, 2014 with the adoption of Resolution
2013-3234; and for an additional 6 months to December 31, 2014 with the adoption of
Resolution 2014-
WHEREAS, the City Council declares its intention to further extend the term of the
Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
162
City of Moorpark, Moorpark Rubbish Disposal
Multi-Family and Commercial Franchise Agreement
Amendment 9, Page 2 of 2
Section 2, Term, Part A, shall be amended, to read, in its entirety, as follows:
"A. TERM. The collection services to be provided pursuant to this Agreement shall
begin on October 1, 2002, and end on December 31, 2014, unless sooner terminated.
GRANTEE's duty to provide indemnification shall survive the end of the period during
which collection services are to be provided."
II. Exhibit G, Rate Adjustment Schedule, Part A, shall be amended to include:
"Consideration for the rate adjustment scheduled to be effective January 1, 2012
shall be deferred until a date no later than December 31, 2014."
III. Remaining Provisions:
All other provisions of the aforesaid Agreement shall remain in full force and effect.
In WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to
be executed by their duly authorized officers the day and year first above written.
CITY OF MOORPARK: MOORPARK RUBBISH DISPOSAL:
Steven Kueny, City Manager Charles Anderson, Owner
Date Date
ATTEST:
Maureen Benson, City Clerk
163
Attachment E
AMENDMENT NO. 10
FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK RUBBISH DISPOSAL
FOR RESIDENTIAL SOLID WASTE SERVICES
THIS AMENDMENT NO. 10 TO THE RESIDENTIAL FRANCHISE AGREEMENT,
made and entered into this day of , 2014, by and between the
City of Moorpark, a municipal corporation located in the County of Ventura, State of
California, hereinafter referred to as "City" and Moorpark Rubbish Disposal, a limited
liability company, hereinafter referred to as "Grantee" as an amendment to the Residential
Franchise Agreement between the City and Moorpark Rubbish Disposal, dated October 1,
2002.
WITNESSETH
WHEREAS, the City provides residential solid waste and recycling collection
services; and
WHEREAS, on September 18, 2002, the City Council granted exclusive franchise
agreements with G.I. Industries and Moorpark Rubbish Disposal for the collection,
transportation, recycling, and disposal of solid waste in residential and commercial —
industrial areas within City limits; and
WHEREAS, on December 9, 2009, Amendment No. 1 was signed to increase the
franchise fee to 6%; and
WHEREAS, the Franchise Agreement includes an expiration date of December 31,
2010, with an option to extend the term for up to an additional 2 years, and the Franchise
Agreement was extended for 6 months to June 30, 2011 with the adoption of Resolution
No. 2010-2978; for an additional 6 months to December 31, 2011 with the adoption of
Resolution No. 2011-3024; for an additional 2 months to February 29, 2012 with the
adoption of Resolution No. 2011-3076; and for an additional 2 months to April 30, 2012
with the adoption of Resolution No. 2012-3085; and for an additional 5 months to
September 30, 2012 with the adoption of Resolution No. 2012-3102; and for an additional
3 months to December 31, 2012 with the adoption of Resolution No. 2012-3125; and for an
additional 6 months to June 30, 2013 with the adoption of Resolution No. 2012-3147; and
for an additional 6 months to December 31, 2013 with the adoption of Resolution 2013-
3194; and for an additional 6 months to June 30, 2014 with the adoption of Resolution
2013-3234; and for an additional 6 months to December 31, 2014 with the adoption of
Resolution 2014- ; and
WHEREAS, the City Council declares its intention to further extend the term of the
Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
164
City of Moorpark, Moorpark Rubbish Disposal
Residential Franchise Agreement
Amendment 10, Page 2 of 2
Section 2, Term, Part A, shall be amended, to read, in its entirety, as follows:
"A. TERM. The collection services to be provided pursuant to this Agreement shall
begin on October 1, 2002, and end on December 31, 2014, unless sooner terminated.
GRANTEE's duty to provide indemnification shall survive the end of the period during
which collection services are to be provided."
II. Exhibit G, Rate Adjustment Schedule, Part A, shall be amended to include:
"Consideration for the rate adjustment scheduled to be effective January 1, 2012
shall be deferred until a date no later than December 31, 2014."
III. Remaining Provisions:
All other provisions of the aforesaid Agreement shall remain in full force and effect.
In WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to be
executed by their duly authorized officers the day and year first above written.
CITY OF MOORPARK: MOORPARK RUBBISH DISPOSAL:
Steven Kueny, City Manager Charles Anderson, Owner
Date Date
ATTEST:
Maureen Benson, City Clerk
165