HomeMy WebLinkAboutRES CC 2018 3691 2018 0321 RESOLUTION NO. 2018-3691
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, 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
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 extended
Resolution No. 2018-3691
Page 2
again for another three (3) months to March 31, 2018, with the adoption of Resolution
No. 2017-3657; 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 June 30, 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 June 30, 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. 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.
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 21st day of March, 2018.
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Ja ice S. Parvin, Mayor
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Maureen Benson, City Clerk
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Resolution No. 2018-3691
Page 3
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. 2018-3691 was
adopted by the City Council of the City of Moorpark at a (special/regular) meeting held
on the 21st day of March, 2018, 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 4th day of April, 2018.
Maureen Benson, City Clerk
(seal)
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