HomeMy WebLinkAboutAGENDA REPORT 2011 0504 CC REG ITEM 10D ITEM 10.1).
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MOORPARK CITY COUNCIL ao,l 3�a
AGENDA REPORT ��-
TO: The Honorable City Council
FROM: Jennifer Mellon, Administrative Services Manager
DATE: April 25, 2011 (CC Meeting of May 4, 2011)
SUBJECT: Consider Resolution Amending the City of Moorpark Franchise
Agreements with G.I. Industries and Moorpark Rubbish, for both
Residential and Commercial Solid Waste Services, and Authorize the
City Manager to Execute the Amendments to the Agreements
BACKGROUND
In December, 2010, the City Council approved by resolution the extension of the Franchise
Agreements with both G.I. Industries and Moorpark Rubbish for six (6) months from their
expiration date of December 30, 2010 to June 30, 2011.
DISCUSSION
Council is being asked to consider amendments to the Franchise Agreements, to once
again extend the Agreements for six months so that Staff can continue to negotiate terms
of the Agreements including options for future adjustments, fees, adding street sweeping
scope of work, and additional service enhancements.
FISCAL IMPACT
No Fiscal Impact.
STAFF RECOMMENDATION
1. Adopt Resolution No. 2011- 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.
2. Authorize the City Manager to execute the amendments to the Agreements subject to
final language approval of the City Manager and City Attorney.
Attachment — Draft Resolution
159
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FRANCHISE
AGREEMENT 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
WHEREAS, the City provides residential 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 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
said 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; and
WHEREAS, the City Council declares its intention to further extend the term of the
Franchise Agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE TO AMEND THE FRANCHISE AGREEMENTS AS
FOLLOWS:
SECTION 1. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Section 2, shall be amended in its entirety,
replacing the current language with the following language: "Section 2. TERM The
collection services to be provided pursuant to this Agreement shall begin on October 1,
2002, and end on December 30, 2011, unless sooner terminated. Grantee's duty to
provide indemnification shall survive the end of the period during which collection
services are to be provided." With the exception of the change to the above noted
document, all other provisions contained in the Franchise Agreements for Residential
Solid Waste Services and the Franchise Agreements for Commercial Solid Waste
Services shall remain in full force and effect.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of May, 2011.
160
Resolution No. 2011-
Page 2
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
161