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HomeMy WebLinkAbout12 SOLID WASTE AMEND 10-04-99DATE: OCTOBER 4, 1999 Inter-Com NO. 12 10-4-99 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT · SOLID WASTE FRANCHISE AGREEMENT AMENDMENT NUMBER FIVE SUMMARY Staff is recommending the approval of amendment number five to the current Solid Waste 'Franchise Agreement with Great Western Reclamation. This amendment would permit month-to-month extensions of the current agreement. Staff is requesting this authority to provide assurance that current services will continue in the event that a new contractor, through no fault of their own, is unable to begin providing service on July 1, 2000. RECOMMENDATION: Staff recommends that the City Council approve amendment number five to the Agreement for the Collection and Transportation of Solid Waste Refuse with Great Western Reclamation, a division of Waste Management, Inc. FISCAL IMPACT: There is no fiscal impact associated with this action. BACKGROUND: The current Solid Waste Franchise Agreement with Great Western Reclamation will expire June 30, 2000. Staff is diligently working with the consulting firm of Hilton, Farnkopf and Hobson to develop bid specifications for the new Solid Waste Franchise Agreement. Staff anticipates that the bid specifications will be ready for City Council approval in November or early December. The City Council will likely consider award of the new franchise agreement in February of 2000. Staff is concerned that the current bidding schedule ma3' not allow the selected contractor adequate time to purchase and take delivery of any equipment necessary to implement the contract. Additional potential implementation issues may also include the distribution of collection carts, preparation of an extensive public education program and the possible development of new collection routes and schedules. Staff will continue to pursue an aggressive schedule for the entire bid process. This amendment will serye as an insurance policy in the event that unforeseen circumstances force the City to continue to rely on the current service provider. The current service provider, Great Western Reclamation, has reviewed this amendment and. is in agreement with it. invoke this amendment. :rim D. Serlet, (,.7.--~'- Director of Public Works/City Engineer Staff will notify the City Council should it become necessary to SenioNManagement Analyst, Public Works TDS:JM:council:Solid Waste Franchise Agmt Amend #5.doc AMENDMENT NUMBER 5 TO AGREEMENT FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE REFUSE PRODUCED OR ACCUMULATED IN THE CITY OF TUSTIN This Amendment Number 5 to the Agreement for Collection and Transportation of Solid Waste Refuse Produced or Accumulated in the City of Tustin dated December 19. 1988. is made and entered into by and between the CITY OF TUSTIN, a municipal corporation (hereinafter "City"), and GREAT WESTERN RECLAMATION, a division of WASTE MANAGEMENT COLLECTION AND RECYCLING. INC., a California corporation (hereinafter "Contractor"). to be effective as of the 30th day of September 1998. RECITALS 1. The parties of this Amendment Number 5 heretofore entered into the Agreement' for Collection and Transportation of Solid Waste Refuse Produced or Accumulated in the City of Tustin dated December 19, 1988 (the "Original Agreement") and thereafter, the parties amended the Original Agreement as follows: (i) by that certain Amendment No. 1 to Agreement for Collection and Transportation of Solid Waste Refuse Produced or Accumulated in the City of Tustin effective June 28, 1991, (ii) by that certain Amendment No. 2 to Agreement for Collection and Transportation of Solid Waste Refuse Produced or accumulated in the City of Tustin effective September 15, 1992. and (iii)) by that certain Amendment No. 3 to Agreement for Collection and Transportation of Solid Waste Refuse Produced or Accumulated in the City of Tustin effective July 1, 1993 and (iv) by that certain Amendment No. 4 to Agreement for Collection and Transportation of Solid Waste Refuse Produced or Accumulated in the City of Tustin effective March 3, 1997 (the Original Agreement and the above described amendments shall be collectively referenced as the "Agreement, as amended"). 2. In recognition of the City's desire to proceed' with a bid for a new Solid Waste Collection and Recycling Agreement, the City desires and Contractor agrees to enter into this Amendment 5 to establish specific terms that will allow the City to extend the term of the existing agreement. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein, the parties agree as follows: AGREEMENT 1. City may extend the term on a month to month basis beyond June 30. 2000 by notifying Contractor 60 days prior to June 30, 2000 in writing. If City elects to extend the term of the Agreement beyond June 30. 2000 the City will provide Contractor a minimum of 60 days notice prior to cancellation of the Agreement. In Witness whereof, the parties have caused this Amendment 5 to be executed by their duly authorized representatives as of the day and year first above written. "City" City of Tustin, a municipal corporation Approved as to Form: By City Attorney "Contractor" Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc., a California Corporation By.