HomeMy WebLinkAboutRES CC 2017 3657 2017 1206 RESOLUTION NO. 2017-3657
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 TERMS
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
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
Resolution No. 2017-3657
Page 2
of Resolution No. 2017-3606; and extended again for another two (2) months to
December 31, 2017, with the adoption of Resolution No. 2017-3637; 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 G.I. Industries 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 March 31, 2018, unless sooner terminated."
SECTION 2. The G.I. Industries 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 March 31, 2018." 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. The Moorpark Rubbish Disposal, LLC 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, 2027, unless
sooner terminated."
SECTION 4. The Moorpark Rubbish Disposal, LLC 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,
2027." 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 5. These extensions shall become effective upon: (i) execution of
the amendment by both parties; and (ii) execution of waivers and releases from
Moorpark Rubbish Disposal, LLC, and from G.I. Industries of all existing and potential
claims against the City related to or that arise from the Franchise Agreements extended
by this Resolution.
Resolution No. 2017-3657
Page 3
SECTION 6. 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 6th day of December, 2017.
(Jane S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk Prat aA
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Resolution No. 2017-3657
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2017-3657 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th
day of December, 2017, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 20th day of December,
2017.
Maureen Benson, City Clerk
(seal)
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