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HomeMy WebLinkAboutAGENDA REPORT 2017 1018 CCSA REG ITEM 10D ITEM 10.D. CAL F0i Ni C ';Council MOORPARK CITY COUNCIL - /0r! 'ao,7 AGENDA REPORTG2094 d , -1rv_ of TO: Honorable City Council FROM: Brian Chong, Administrative Services Manager _ [ DATE: October 2, 2017 (CC Meeting of 10/18/2017) SUBJECT: Consider Resolution Amending the City of Moorpark Franchise Agreements with G.I. Industries and Moorpark Rubbish Disposal, LLC, 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, 2017 BACKGROUND In 2002, the City approved Franchise Agreements with both G.I. Industries and Moorpark Rubbish Disposal, LLC (Franchise Agreements)for solid waste services. Since then, the Council has approved multiple extensions to the Franchise Agreements, which now run through October 31, 2017. While negotiations continue for new Franchise Agreements, staff recommends that the current Franchise Agreements be extended through December 31, 2017. DISCUSSION The City Council is being asked to consider amending the Franchise Agreements, to extend the Agreements for an additional two months, through December 31, 2017, while the City continues to negotiate terms of new Franchise Agreements. The City Council is also being asked to defer consideration of the annual rate adjustments for the same period. Since the City Council last extended the franchise agreements in June, the City and franchisees have continued negotiations and are nearing a draft document for City Council consideration. In order to ensure continued trash service while negotiations continue, however, it is necessary to extend the current Franchise Agreements, which are currently set to expire on October 31, 2017. 71 Honorable City Council October 18, 2017 Page 2 FISCAL IMPACT No fiscal impact. STAFF RECOMMENDATION 1. Adopt Resolution No. 2017 - , 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, LLC, for Providing Commercial Solid Waste and Recycling Services and Residential Solid Waste and Recycling Services to Extend Term to December 31, 2017. 2. Authorize the City Manager to execute the amendments to the Franchise Agreements subject to final language approval of the City Manager. Attachment 1: Draft Resolution Attachment 2: G.I. Industries Commercial Agreement Amendment No. 18 Attachment 3: G.I. Industries Residential Agreement Amendment No. 19 Attachment 4: Moorpark Rubbish Disposal, LLC, Commercial Agreement Amendment No. 17 Attachment 5: Moorpark Rubbish Disposal, LLC, Residential Agreement Amendment No. 18 72 ATTACHMENT 1 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FRANCHISE AGREEMENTS BETWEEN THE CITY OF MOORPARK AND GI INDUSTRIES AND THE CITY OF MOORPARK AND MOORPARK RUBBISH DISPOSAL, LLC, FOR PROVIDING RESIDENTIAL SOLID WASTE SERVICES AND COMMERCIAL SOLID WASTE SERVICES TO EXTEND TERM TO DECEMBER 31, 2017 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, LLC, 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 extended again for another six (6) months to June 30, 2014 with the adoption of Resolution Number 2013-3234; and extended again for another six (6) months to December 31, 2014 with the adoption of Resolution Number 2013-3293; and extended again for another six (6) months to June 30, 2015 with the adoption of Resolution Number 2014- 3329; and extended again for another six (6) months to December 30, 2015 with the adoption of Resolution Number 2015-3403; and extended again for another three (3) months to March 31, 2016 with the adoption of Resolution Number 2015-3461; and extended again for another three (3) months to June 30, 2016 with the adoption of Resolution No. 2016-3491; and extended again for another six (6) months to December 31, 2016 with the adoption of Resolution No. 2016-3510; and extended again for 73 Resolution No. 2017 - Page 2 another six (6) months to June 30, 2017 with the adoption of Resolution No. 2016-3544; and extended again for another four (4) months to October 31, 2017 with the adoption of Resolution No. 2017-3606; 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 to include "The collection services to be provided pursuant to this Agreement shall begin on October 1, 2002, and end on December 31, 2017, 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, 2017." 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 18th day of October, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 74 ATTACHMENT 2 AMENDMENT NO. 18 FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND G.I. INDUSTRIES FOR MULTI-FAMILY AND COMMERCIAL SOLID WASTE SERVICES THIS AMENDMENT NO. 18 TO THE MULTI-FAMILY AND COMMERCIAL FRANCHISE AGREEMENT, made and entered into this day of , 2017, 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 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. 2014-3293; and for an additional 6 months to June 30, 2015 with the adoption of Resolution No. 2014-3329; and for an additional 6 months to December 31, 2015 with the adoption of Resolution No. 2015-3403; and for an additional 3 months to March 31, 2016 with the adoption of Resolution No. 2015- 3461; and for an additional 3 months to June 30, 2016 with the adoption of Resolution No. 2016-3491; and for an additional 6 months to December 31, 2016 with the adoption of Resolution No. 2016-3510; and for an additional 6 months to June 30, 2017 with the adoption of Resolution No. 2016-3544; and for an additional 4 months to October 31, 2017 with the adoption of Resolution No. 2017-3606; and 75 City of Moorpark, G.1. Industries Multi-Family and Commercial Franchise Agreement Amendment 18, Page 2 of 2 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: 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, 2017, unless sooner terminated. GRANTEE's duty to provide indemnification shall survive the end of the period during which collection services are to be provided." I. 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, 2017." II. 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. 18 to be executed by their duly authorized officers the day and year first above written. CITY OF MOORPARK: G.1. INDUSTRIES: Steven Kueny, City Manager Mike Smith, Director of Operations Date Date ATTEST: Maureen Benson, City Clerk 76 ATTACHMENT 3 AMENDMENT NO. 19 FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND G.I. INDUSTRIES FOR RESIDENTIAL SOLID WASTE SERVICES THIS AMENDMENT NO. 19 TO THE RESIDENTIAL FRANCHISE AGREEMENT, made and entered into this day of , 2017, by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, a corporation, 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 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. 2014-3293; and for an additional 6 months to June 30, 2015 with the adoption of Resolution No. 2014-3329; and for an additional 6 months to December 31, 2015 with the adoption of Resolution No. 2015-3403; and for an additional 3 months to March 31, 2016 with the adoption of Resolution No. 2015- 3461; and for an additional 3 months to June 30, 2016 with the adoption of Resolution No. 2016-3491; and for an additional 6 months to December 31, 2016 with the adoption of Resolution No. 2016-3510; and for an additional 6 months to June 30, 2017 with the adoption of Resolution No. 2016-3544; and for an additional 4 months to October 31, 2017 with the adoption of Resolution No. 2017-3606; and 77 City of Moorpark, GI. Industries Residential Franchise Agreement Amendment 19, Page 2 of 2 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: I. 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, 2017, 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, 2017." 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. 19 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 - 78 ATTACHMENT 4 AMENDMENT NO. 17 FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK RUBBISH DISPOSAL, LLC, FOR MULTI-FAMILY AND COMMERCIAL SOLID WASTE SERVICES THIS AMENDMENT NO. 17 TO THE MULTI-FAMILY AND COMMERCIAL FRANCHISE AGREEMENT, made and entered into this day of , 2017, 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, LLC, 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 No. 2013-3234; and for an additional 6 months to December 31, 2014 with the adoption of Resolution No. 2014-3293; and for an additional 6 months to June 30, 2015 with the adoption of Resolution No. 2014-3329; and for an additional 6 months to December 31, 2015 with the adoption of Resolution No. 2015-3403; and for an additional 3 months to March 31, 2016 with the adoption of Resolution No. 2016- 3461; and for an additional 3 months to June 30, 2016 with the adoption of Resolution No. 2016-3491; and for an additional 6 months to December 31, 2016 with the adoption of Resolution No. 2016-3510; and for an additional 6 months to June 30, 2017 with the adoption of Resolution No. 2016-3544; and for an additional 4 months to October 31, 2017 with the adoption of Resolution No. 2017-3606; and 79 City of Moorpark, Moorpark Rubbish Disposal Multi-Family and Commercial Franchise Agreement Amendment 17, Page 2 of 2 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: 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, 2017, 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, 2017." Ill. 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. 17 to be executed by their duly authorized officers the day and year first above written. CITY OF MOORPARK: MOORPARK RUBBISH DISPOSAL, LLC: Steven Kueny, City Manager Charles Anderson, Owner Date Date ATTEST: Maureen Benson, City Clerk 80 ATTACHMENT 5 AMENDMENT NO. 18 FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK RUBBISH DISPOSAL, LLC, FOR RESIDENTIAL SOLID WASTE SERVICES THIS AMENDMENT NO. 18 TO THE RESIDENTIAL FRANCHISE AGREEMENT, made and entered into this day of , 2017, 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, LLC, 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 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. 2014-3293; and for an additional 6 months to June 30, 2015 with the adoption of Resolution No. 2014-3329; and for an additional 6 months to December 31, 2015 with the adoption of Resolution No. 2015-3403; and for an additional 3 months to March 31, 2016 with the adoption of Resolution No. 2015-3461; and for an additional 3 months to June 30, 2016 with the adoption of Resolution No. 2016-3491; and for an additional 6 months to December 31, 2016 with the adoption of Resolution No. 2016-3510; and for an additional 6 months to June 30, 2017 with the adoption of Resolution No. 2016- 3544; and for an additional 4 months to October 31, 2017 with the adoption of Resolution 81 City of Moorpark, Moorpark Rubbish Disposal Residential Franchise Agreement Amendment 18, Page 2 of 2 No. 2017-3606; 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: I. 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, 2017, 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, 2017." 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. 18 to be executed by their duly authorized officers the day and year first above written. CITY OF MOORPARK: MOORPARK RUBBISH DISPOSAL, LLC: Steven Kueny, City Manager Charles Anderson, Owner Date Date ATTEST: Maureen Benson, City Clerk 82