HomeMy WebLinkAbout05 FOURTH AMENDMENT TO CONTRACT WITH CR&R INC. FOR SOLID WASTE & RECYCLING•
Agenda Item
AGENDA REPORT Reviewed.
City Manager
Finance Director V/A
MEETING DATE: JUNE 6, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: FOURTH AMENDMENT TO CONTRACT WITH CR&R INCORPORATED
FOR SOLID WASTE AND RECYCLING SERVICES
SUMMARY
CR&R Incorporated (CR&R) is the City's exclusive provider for solid waste and recycling
services. The contract between the City and CR&R is set to expire on September 30,
2017. The City is preparing a Request for Proposals (RFP). CR&R has agreed to extend
the current contract through September 30, 2018 to ensure the City has sufficient time to
finalize the RFP, solicit and review proposals, and award a new contract.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the Fourth Amendment to the Contract for the Collection, Transportation and
Disposal of Municipal Solid Waste and for the Collection, Transportation, Processing
and Diversion of Recyclable Materials; and
2. Authorize the Mayor and City Clerk to execute the amendment on behalf of the City.
FISCAL IMPACT
The proposed action has no fiscal impact to the City.
CORRELATION TO THE STRATEGIC PLAN
This item contributes to the fulfillment of the City's Strategic Plan Goal D, Strong
Community and Regional Relationships, specifically addressing Strategy 3, by obtaining
feedback from the community about expanding solid waste and recycling services.
BACKGROUND
Staff and the City's solid waste and recycling consultant, EcoNomics, have been
developing an RFP for solid waste and recycling services for the last year. New
mandatory recycling legislation has been enacted or has been introduced to the State
legislature. To ensure the next ten year contract addresses the various pieces of
legislation, staff has had to formulate new contract language and expanded services.
Third Amendment to Contract with CR&R Incorporated
June 6, 2017
Page 2
In order to ensure solid waste and recycling services are not disrupted, a contract
amendment extending the term through September 30, 2018 is recommended. Section
4320 of the Tustin City Code allows for a three year contract extension to accommodate
the completion and implementation of the competitive process and to ensure a seamless
transition between providers as may be necessary or desirable.
,s. stack, F'.t.
of Public Works/City Engineer
Attachment: Fourth Amendment
S:\City Council Items\2017 Council Items\06-06-2017\CR&R Amendment\Fourth Amendment to CR&R Contract.docx
FOURTH AMENDMENT TO
CONTRACT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION,
TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE
MATERIALS
THIS FOURTH AMENDMENT TO CONTRACT FOR THE COLLECTION,
TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND
FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND
DIVERSION OF RECYCLABLE MATERIALS ("FOURTH AMENDMENT") is
entered into as of the _ day of June, 2017, by and between the CITY OF
TUSTIN, a municipal corporation ( "City") and CR&R INCORPORATED, a
California corporation ("Contractor").
RECITALS
1. City and Contractor are parties to that certain Contract for Collection,
Transportation, and Disposal of Municipal Solid Waste and for the Collection,
Transportation, Processing and Diversion of Recyclable Materials, entered
into on June 13, 2007, as amended by that certain Amendment Number One,
dated on or about April 6, 2010, that certain Second Amendment, dated on or
about August 5, 2014, and that certain Third Amendment, dated on or about
April 7, 2015 (hereinafter collectively referred to as the "Contract").
2. The Term of the Contract ends on September 30, 2017.
3, The City and Contractor mutually desire to extend the Term of the Contract
for an additional one (1) year period, through September 30, 2018, on the
same terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises contained in
this FOURTH AMENDMENT, and for other good and valuable consideration, the
parties agree as follows:
Section 1. Section 3.02 "Term" is amended to read as follows:
"3.02 Term, The Term of this Contract shall commence on the Effective
Date and shall end at midnight on September 30, 2018, unless earlier
terminated. Contractor's obligation to collect Municipal Solid Waste and
Recyclable Materials shall begin on October 1, 2007 at 12:01 a.m."
Section 2, Except as expressly, modified by this Fourth Amendment, all terms
and conditions contained in the Contract shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
1244606.1
IN WITNESS WHEREOF, City and Contractor have executed this
FOURTH AMENDMENT as of the day and year first above written.
CONTRACTOR
By:
Cliff'oWq66nenberg
Chairman and Chief Executi Officer
1244606.1 2
CITY OF TUSTIN
By:
Dr, Allan Bernstein, Mayor
ATTEST:
CITY CLERK
22
Erica N. Rabe, City Clerk
APPROVED AS TO FORM
in
David E. Kendig, City Attorney