HomeMy WebLinkAboutAGENDA REPORT 2011 1207 CC REG ITEM 10GMOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Teri Davis, Senior Management Anal
ITEM 10.G.
DATE: November 23, 2011 (CC meeting of December 7, 2011)
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
BACKGROUND
In December, 2010, the City Council (Council) approved by resolution 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 City Council again approved by resolution the extension of the
Franchise Agreements for an additional six months from June 30, 2011 to December 31,
2011. The Franchise Agreements allow annual rate adjustments to be effective on
January 1.
DISCUSSION
Council is being asked to consider amendments to the Franchise Agreements, to extend
the Agreements for an additional two months 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 two
months.
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
SAPublic Works \Everyone \Solid Waste \Staff Reports \SR 11 1207 Agmt Extensions.doc 94
Honorable City Council
December 7, 2011
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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 Franchise Agreements
subject to final language approval of the City Manager and City Attorney.
Attachment A — Draft Resolution
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RESOLUTION NO. 2011-
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
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
and were extended for another six (6) months to December 31, 2011 with the adoption
of Resolution Number 2011 -3024; 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.
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 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 February 29, 2012, 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 shall remain in
full force and effect.
SECTION 2. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Exhibit G.A, shall be amended to include
Resolution No. 2011 -
Page 2
"Consideration for the rate adjustment scheduled to be effective January 1, 2012 shall
be deferred for two months."
SECTION 3. 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 7th day of December, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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