2017/06/13 City Council Resolution 2017-070RESOLUTION NO. 2017-070
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 further extended the Agreement for an additional six months until June 30, 2017, and
desires to create a further extension for an additional six months until December 31, 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 new 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.
2017-070
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 131h day of June, 2017.
CITY OF ROHNERT PARD
c'S
ake Mac l nzie, Mayor
ATTEST:
Jo.,1iinc M. Buergler, City Clerk
Exhibit A: Amendment to the Agreements
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2017-070
Exhibit A to Resolution
THIRD 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 Third Amendment to the Multiple Provider Exclusive Temporary Debris Box and
Roll -off Collection Service Agreement ("Third Amendment") between the City of Rohnert
Park ("City") and Industrial Carting ("Franchisee") is made this day of
2017 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, on June 14, 2016 the City Council approved six month extensions to these
agreements, with expiration on December 31, 2016; and
WHEREAS, on November 22, 2016 the City Council approved an additional six month
extensions to these agreements, with expiration on June 30, 2017; 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 June 30, 2017; and
WHEREAS, pursuant to Article 2, 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, on the condition that the City and Industrial Carting
endeavor to ensure that Industrial Carting fully complies with the Agreement; and
WHEREAS, the extension will allow City staff sufficient time to: (a) complete 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, 2017.
2. Relationship to Agreement. Except as expressly modified herein, the Agreement shall
remain in full force and effect.
3. Authority and Non -Assignment. City and Franchisee represent to the other that they have
authority to enter into this Third 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 Third 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 Third 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
2
"FRANCHISEE"
Industrial Carting
By:
(Name)
Its.
THIRD 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 Third Amendment to the Multiple Provider Exclusive Temporary Debris Box and
Roll -off Collection Service Agreement ("Third Amendment") between the City of Rohnert
Park ("City") and Rohnert Park Disposal, Inc. ("Franchisee") is made this day of
, 2017 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, on November 22, 2016 the City Council approved an additional six month
extensions to these agreements, with expiration on June 30, 2017; 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 June 30, 2017; and
WHEREAS, pursuant to Article 2, 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, on the condition that the City and Rohnert Park
Disposal, Inc. endeavor to ensure that Rohnert Park Disposal, Inc. fully complies with the
Agreement; and
WHEREAS, the extension will allow City staff sufficient time to: (a) complete 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, 2017.
2. Relationship to Agreement. Except as expressly modified herein, the Agreement shall
remain in full force and effect.
3. Authority and Non -Assignment. City and Franchisee represent to the other that they have
authority to enter into this Third 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 Third 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 Third 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
2
"FRANCHISEE"
Rohnert Park Disposal, Inc.
By: - - - -
(Name)
Its.
June 14, 2017
f
Curtis Michelini, Sr., President
City Council Industrial Carting
P.O. Box 2638
Gina Belforte Rohnert Park, CA 94927
Mayor
Jake Mackenzie
Re: Notice of Intent to Extend the Temporary Debris Box Agreement
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 June 13, 2017, 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 June 30, 2017 to December 31, 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 2017.
Director of
Development Services
Industrial Carting
Victoria Perrault
Human Resources Director
By:
Title:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
On June 13, 2017, the Rohnert Park City Council authorized the City
Darrin Jenkins
City Manager
June 14, 2017
Rick Powell, General Manager
City Council
Rohnert Park Disposal
Assistant City Manager
P.O. Box 1916
Gina Belforte
Santa Rosa, CA 95402
Mayor
extend the Term of the franchise agreement with Rohnert Park Disposal for a
Alexandra M. Barnhill
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
for the provision of Temporary Debris Box Services within the City of Rohnert
Amy 0. Ahanotu
Park
Joseph T. Callinan
Sincerely,
Pam Stafford
Councilmembers
Dear Mr. Powell:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org
On June 13, 2017, 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 June 30, 2017 to December 31, 2017. All remaining terms
and conditions contained within the Agreement shall remain in full force and
JoAnne Buergler
City Clerk
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
The terms and conditions of the forgoing Notice of Intent to Extend are hereby
Mary Grace Pawson
Director of
accepted by the undersigned on 2017.
Development Services
Victoria Perrault
Rohnert Park Disposal
Human Resources Director
By
Title:
130 Avram Avenue ♦ Rohnert Park CA ♦ 94928 ♦ (707) 588-2226 ♦ Fax (707) 794-9248
www.rpcity.org