2016/06/14 City Council Resolution 2016-57RESOLUTION NO. 2016-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A SIX-MONTH EXTENSION OF TEMPORARY DEBRIS BOX AND ROLL-
OFF COLLECTION SERVICES FRANCHISE AGREEMENTS WITH ROHNERT PARK
DISPOSAL, INC. AND INDUSTRIAL CARTING AND AUTHORIZING THE CITY
MANAGER TO SEND NOTICES OF INTENT TO EXTEND AGREEMENTS
WHEREAS, on November 22, 2011 the City Council of the City of Rohnert Park ("City")
adopted Resolution No. 2011-113, awarding a Multiple Provider Exclusive Temporary Debris Box
and Roll -off Collection Service Agreement ("Agreement") to Rohnert Park Disposal, Inc. and
Industrial Carting; and
WHEREAS, the term of the Agreements commenced on January 1, 2012 and continues in
full force and effect until June 30, 2016; and
WHEREAS, the Agreements may be extended in up to twelve (12) month increments for a
maximum of four (4) years until June 30, 2020; and
WHEREAS, the City wishes to amend the Agreement to extend the term for six (6) months
and Franchisee is willing to extend for this period of time; and
WHEREAS, the extension will allow City staff sufficient time to: (a) prepare and conduct a
Request for Proposal/Qualification process with interested debris box and roll -off collection service
providers, (b) work with a consultant to assist staff in updating key terms of the Agreement
regarding payment, enforcement, reporting, etc., and (c) return to the City Council to consider
awarding franchise agreement(s) to service provider(s) on the updated terms.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park hereby approves an Amendment to the Agreements with Rohnert Park Disposal, Inc. and
Industrial Carting, respectively, in substantially similar form to the Amendment attached hereto and
incorporated by this reference, subject to minor modification by the City Manager or City Attorney.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to execute and deliver on behalf of the City of Rohnert Park, Notices of Intent to Extend
said Agreement to Rohnert Park Disposal, Inc. and Industrial Carting and take other actions as may
be necessary and appropriate to effectuate the Amendment.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 14th day of June, 2016.
ATTEST:
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CITY OF ROHNERT PARK
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Gina el �te, ayor
Caitlin Saldanha, Deputy City Clerk Attachment: First Amendment to the Temporary
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FIRST AMENDMENT
TO THE MULTIPLE PROVIDER
EXCLUSIVE TEMPORARY DEBRIS BOX
AND ROLL -OFF COLLECTION SERVICE AGREEMENTS
BETWEEN THE CITY OF ROHNERT PARK
AND INDUSTRIAL CARTING
This First Amendment to the Multiple Provider Exclusive Temporary Debris Box and Roll-
off Collection Service Agreement ("First Amendment") between the City of Rohnert Park
("City") and Industrial Carting ("Franchisee") is made this day of 2016
with reference to the following facts and intentions:
RECITALS
WHEREAS, on November 22, 2011 the City Council of the City of Rohnert Park ("City")
adopted Resolution No. 2011-113, awarding a Multiple Provider Exclusive Temporary Debris Box
and Roll -off Collection Service Agreement ("Agreement") to Rohnert Park Disposal, Inc. and
Industrial Carting; and
WHEREAS, the term of the Agreement commenced on January 1, 2012 and continues in
full force and effect until June 30, 2016; and
WHEREAS, the Agreement may be extended in up to twelve (12) month increments for a
maximum of four (4) years until June 30, 2020; and
WHEREAS, the City wishes to extend the Agreement for six (6) months and Franchisee
is willing to extend for this period of time; and
WHEREAS, the extension will allow City staff sufficient time to: (a) prepare and conduct
a Request for Proposal/Qualification process with interested debris box and roll -off collection
service providers, (b) work with a consultant to assist staff in updating key terms of the Agreement
regarding payment, enforcement, reporting, etc., and (c) return to the City Council to consider
awarding franchise agreement(s) to service provider(s) on the updated terms.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties do hereby agree as follows:
AGREEMENT
1. Temporary Extension. Section 2.01 (Term) of the Agreement shall be amended to extend the
terin for an additional six (6) months, terminating on December 31, 2016.
2. Relationship to Agreement. Except as expressly modified herein, the Agreement shall remain
in full force and effect.
OAK #4848-7397-9402 yr
3. Authority and Non -Assignment. City and Franchisee represent to the other that they have
authority to enter into this First Amendment. Any corporate signatory represents and warrants
that it has all requisite corporate power and corporate authority to enter into and perform this
Agreement.
4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which,
when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed
on the date first written by their respective officers duly authorized on their behalf.
"CITY"
City of Rohnert Park
By:
Darrin JeiA ins, City Manager
Per Resolution No.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
OAK #4848-7397-9402 vl
"FRANCHISEE"
Industrial Carting
By:_
(Name)
Its.
FIRST AMENDMENT
TO THE MULTIPLE PROVIDER
EXCLUSIVE TEMPORARY DEBRIS BOX
AND ROLL -OFF COLLECTION SERVICE AGREEMENTS
BETWEEN THE CITY OF ROHNERT PARK
AND ROHNERT PARK DISPOSAL, INC.
This First Amendment to the Multiple Provider Exclusive Temporary Debris Box and Roll-
off Collection Service Agreement ("First Amendment") between the City of Rolmert Park
("City") and Rohnert Park Disposal, Inc. ("Franchisee") is made this day of
, 2016 with reference to the following facts and intentions:
RECITALS
WHEREAS, on November 22, 2011 the City Council of the City of Rohnert Park ("City")
adopted Resolution No. 2011-113, awarding a Multiple Provider Exclusive Temporary Debris Box
and Roll -off Collection Service Agreement ("Agreements") to Rohnert Park Disposal, Inc. and
Industrial Carting; and
WHEREAS, the term of the Agreement commenced on January 1, 2012 and continues in
full force and effect until June 30, 2016; and
WHEREAS, the Agreement may be extended in up to twelve (12) month increments for a
maximum of four (4) years until June 30, 2020; and
WHEREAS, the City wishes to extend the Agreement for six (6) months and Franchisee
is willing to extend for this period of time; and
WHEREAS, the extension will allow City staff sufficient time to: (a) prepare and conduct
a Request for Proposal/Qualification process with interested debris box and roll -off collection
service providers, (b) work with a consultant to assist staff in updating key terms of the Agreements
regarding payment, enforcement, reporting, etc., and (c) return to the City Council to consider
awarding franchise agreement(s) to service provider(s) on the updated terms.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties do hereby agree as follows:
AGREEMENT
1. Temporary Extension. Section 2.01 (Term) of the Agreement shall be amended to extend the
term for an additional six (6) months, terminating on December 31, 2016.
2. Relationship to Agreement. Except as expressly modified herein, the Agreement shall remain
in full force and effect.
OAK #4848-7397-9402 vl
3. Authority and Non -Assignment. City and Franchisee represent to the other that they have
authority to enter into this First Amendment. Any corporate signatory represents and warrants
that it has all requisite corporate power and corporate authority to enter into and perform this
Agreement.
4. _Counterpart Signatures. This First Amendment maybe signed in multiple counterparts which,
when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed
on the date first written by their respective officers duly authorized on their behalf.
"CITY"
City of Rohnert Park
By:
Darrin Jenkins, City Manager
Per Resolution No.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
OAK #4848-7397-9402 vl
"FRANCHISEE"
Rohnert Park Disposal, Inc.
By:_
(Name)
Its.