2016/11/22 City Council Resolution 2016-110RESOLUTION NO. 2016-110
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 ; 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 extended the Agreement for six (6) months until December 31, 2016
and desires to create a further extension for an additional six months until June 30, 2017, and
Franchisees are willing to extend for this period of time; and
WHEREAS, the additional extension will allow City staff sufficient time to: (a) complete a
previously commenced 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 22nd day of November, 2016.
CITY OF ROHNERT PARK
G to Mayor
ATTEST:
oAnne Buergler, City Clerk
Attachments: Second Amendment to Agreements with Rohnert Park Disposal, Inc. and Industrial Carting
AHANUM�CALLINAN: � STAFFORD: MACKENZIE: 9ELFORTE:
AYES: ( 5 1 NOES: i tJ ) ABSENT: ( 0 ) ABSTAIN: (Q )
SECOND AMENDMENT
TO THE MULTIPLE PROVIDER
EXCLUSIVE TEMPORARY DEBRIS BOX
AND ROLL -OFF COLLECTION SERVICE AGREEMENT
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 Rohnert 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, on June 14, 2016 the City Council approved six month extensions to these
agreements, with expiration on December 31, 2016; and
WHEREAS, the term of the City's Agreement with Rohnert Park Disposal, Inc.
commenced on January 1, 2012 and continues in full force and effect until December 31, 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) complete a
previously commenced 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 June 30, 2017.
2. Relationship to Agreement. Except as expressly modified herein, the Agreement shall
remain in full force and effect.
3. Authority and Non-Assi nnuent. 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 Jenkins, City Manager
Per Resolution No.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By: - ----
City Clerk
K
"FRANCHISEE"
Rohnert Park Disposal, Inc.
By:_
(Name)
Its.
SECOND AMENDMENT
TO THE MULTIPLE PROVIDER
EXCLUSIVE TEMPORARY DEBRIS BOX
AND ROLL -OFF COLLECTION SERVICE AGREEMENT
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 Agreements ("Agreement") to Rohnert Park
Disposal, Inc. and Industrial Carting; and
WHEREAS, on June 14, 2016 the City Council approved six month extensions to these
agreements, with expiration on December 31, 2016; and
WHEREAS, the term of the City's Agreement with Industrial Carting commenced on
January 1, 2012 and continues in full force and effect until December 31, 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) complete a
previously commenced 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 term for an additional six (6) months, terminating on June 30, 2017.
2. Relationship to A2rectnent. Except as expressly modified herein, the Agreement shall
remain in full force and effect.
3. Authority and Non-Assijznment. 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
"FRANCHISEE"
Industrial Carting
By: By:_.
Darrin Jenkins, City Manager (Name)
Per Resolution No.
Its.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
N
130 Avram Avenue ♦ Rohnert Park CA ♦ 94926 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
On November 22, 2016, the Rohnert Park City Council authorized the City
Darrin Jenkins
City Manager
November—, 2016
„ ,„
Notice of Intent to Extend the Agreement with Rohnert Park Disposal.
CA t.IRnrI, F'
Rick Powell, General Manager
City Council
Rohnert Park Disposal
Michelle Marchetta Kenyon
P.O. Box 1916
Gina Belforte
Santa Rosa, CA 95402
Mayor
period of six (6) months. The amended term shall extend the current
Assistant City Attorney
Re: Notice of Intent to Extend the Temporary Debris Box Agreement
Jake Mackenzie
Vice Mayor
("Agreement") between the City of Rohnert Park and Rohnert Park Disposal
JoAnne
Clerk er
City Clerk
for the provision of Temporary Debris Box Services within the City of Rohnert
Amy 0. Ahanotu
Park
Joseph T. Callinan
Pam Stafford
Councilmembers
Dear Mr. Powell:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94926 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
On November 22, 2016, the Rohnert Park City Council authorized the City
Darrin Jenkins
City Manager
Manager to execute and deliver on behalf of the City of Rohnert Park, a
Notice of Intent to Extend the Agreement with Rohnert Park Disposal.
Don Schwartz
Assistant City Manager
In accordance with the Agreement Article 2 — Term of Agreement and Article
Michelle Marchetta Kenyon
17 — Modifications to the Agreement, the City of Rohnert Park does hereby
CityAttorney
extend the Term of the franchise agreement with Rohnert Park Disposal for a
Alexandra M. Barnhill
period of six (6) months. The amended term shall extend the current
Assistant City Attorney
agreement from December 31, 2016 to June 30, 2017. All remaining terms
conditions contained within the Agreement shall remain in full force and
JoAnne
Clerk er
City Clerk
gand
effect throughout the extended term.
Betsy Howze
Sincerely,
Finance Director
Brian Masterson
Director of Public Safety
John McArthur
Darrin Jenkins
Director of Public Works and
City Manager
Community Services
Mary Grace Pawson
The terms and conditions of the forgoing Notice of Intent to Extend are hereby
Director of
accepted by the undersigned on 2016.
Development Services
Victoria Perrault
Rohnert Park Disposal
Human Resources Director
By:
Title:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94926 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
Title:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
November , 2016
r:5r P ., s
Curtis Michelini, Sr., President
City Council
Industrial Carting
P.O. Box 2638
Gina Belforte
Rohnert Park, CA 94927
Mayor
Re: Notice of Intent to Extend the Temporary Debris Box Agreement
Jake Mackenzie
Vice Mayor
("Agreement") between the City of Rohnert Park and Industrial Carting for the
provision of Temporary Debris Box Services within the City of Rohnert Park
Amy 0. Ahanotu
Joseph T. Callinan
Pam Stafford
Dear Mr. Michelini:
Councilmembers
On November 22, 2016, the Rohnert Park City Council authorized the City
Manager to execute and deliver on behalf of the City of Rohnert Park, a
Darrin Jenkins
City Manager
Notice of Intent to Extend the Agreement with Industrial Carting.
Don Schwartz
In accordance with the Agreement Article 2 — Term of Agreement and Article
Assistant City Manager
17 — Modifications to the Agreement, the City of Rohnert Park does hereby
Michelle Marchetta Kenyon
extend the Term of the franchise agreement with Industrial Carting for a
CityAttorney
period of six (6) months. The amended term shall extend the current
Alexandra M. Barnhill
agreement from December 31, 2016 to June 30, 2017. All remaining terms
Assistant City Attorney
and conditions contained within the Agreement shall remain in full force and
effect throughout the extended term.
JoAnne Buergler
City Clerk
Sincerely,
Betsy Howze
Finance Director
Brian Masterson
Director of Public Safety
Darrin Jenkins
John McArthur
City Manager
Director of Public Works and
Community Services
The terms and conditions of the forgoing Notice of Intent to Extend are hereby
Mary Grace Pawson
accepted by the undersigned on 2016.
Director of
Development Services
Industrial Carting
Victoria Perrault
By:
Human Resources Director
Title:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org