HomeMy WebLinkAbout7/30/2008 - STAFF REPORTS - 2.S. �ppLM S.pQ
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<rFo`e �PT CITY COUNCIL STAFF REPORT
DATE: July 30, 2008 Consent Agenda
SUBJECT: APPROVE AMENDMENT NO. 3 TO THE SOLID WASTE MANAGEMENT
AGREEMENT.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City Council will consider approval of Amendment No. 3 to the City's solid waste
management agreement with Palm Springs Disposal.
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 3 to the
Solid Waste Management Agreement between the City and Palm Springs
Disposal.
STAFF ANALYSIS:
The current agreement for solid waste services provides that the City's contractor is
required to collect a diversion facility fee of $8.50 per ton on all solid waste. The
proposed amendment would clarify and reaffirm that the City can use the proceeds of
the funds collected to fund the design, construction, and operation of a transfer facility
and other projects and undertakings that are generally consistent with the resource
conservation goals of the City and thereby potentially reduce waste being disposed at
local landfills. These additional projects can include recycling, energy and natural
resource conservation, and related community education.
FISCAL IMPACT
The pro d amendment will not increase costs to customers or the City.
Douglas Holland, City Attorney David H. Ready, City Manager
Attachment: Amendment No. 3 to Solid Waste Management Services Agreement r� ��++
Item No. 2. S.
AMENDMENT THREE
TO
SOLID WASTE MANAGEMENT SERVICES AGREEMENT
(Agreement No. A4727)
THIS AMENDMENT THREE to the Solid Waste Management Services Agreement
(the "Agreement"), is made and entered into to be effective on the 1 st day of July, 2008, by
and between the City of Palm Springs, a California charter city and municipal corporation
(hereinafter referred to as the "City"), and Palm Springs Disposal Services, a California
corporation (hereinafter referred to as the "Contractor") (collectively, the "Parties").
RECITALS
A. City and Contractor previously entered into the Agreement, which granted
Contractor a franchise and giving Contractor the right and duty to collect, transfer,transport,
recycle, process and dispose of solid waste and recyclable material accumulating within the
City.
B. Section 14.02 of the Agreement provides that it may be amended at any time
with the mutual written consent of the Parties.
C. Section 10.03 (d) of the Agreement provides that the Contractor is required to
collect a Diversion Facility Fee of$8.50 per ton on all solid waste tonnage. The purpose of
this Amendment is to clarify and reaffirm that the City may use the proceeds of the
Diversion Facility Fee to fund the design, construction, and operation of a transfer facility as
well as other projects and undertakings generally consistent with the resource conservation
goals of the City, including without limitation recycling, energy and natural resource
conservation, and related community education.
D. City and Contractor desire to further amend the Agreement as provided for
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the Parties agree as follows:
AMENDMENT TO AGREEMENT
1. Definitions. The term "Diversion Facility Fee" as defined in Exhibit A to the
Agreement is amended to read:
"Diversion Facility Fee" means the fee or assessment set by the City which is intended to
be used for the design, construction, and operation of a transfer facility and the
implementation and undertaking of programs and projects consistent with the City's resource
conservation goals, including without limitation recycling, energy and natural resource
conservation, installation of distributed generation renewable energy sources or energy
efficiency improvements, and related community education.
2. Full Force and Effect. This Second Amendment is supplemental to the
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Agreement and is by reference made part thereof. All of the terms, conditions, and
provisions, thereof, unless specifically modified herein, shall continue in full force and effect.
In the event of any conflict or inconsistency between the provisions of this Amendment and
any provisions of the Agreement, the provisions of this Amendment shall govern and control.
3. Corporate Authority. The persons executing this Amendment on behalf of the
Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Amendment on behalf of said party, (iii) by so
executing this Amendment, such party is formally bound to the provisions of this
Amendment, and (iv)the entering into this Amendment does not violate any provision of any
other agreement to which said party is bound.
IN WITNESS WHEREOF, the Parties have executed and entered into this Second
Amendment as of the date first written above.
"CITY"
CITY OF PALM SPRINGS,
a California charter city and municipal
ATTEST: corporation
By: By:
James Thompson, City Clerk David H. Ready, City Manager
APPROVED AS TO FORM:
By:
Douglas H. Holland, City Attorney
[SIGNATURE PAGE CONTINUES]
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"CONTRACTOR"
PALM SPRINGS DISPOSAL SERVICES
a California corporation
CONTRACTOR: Check one: _Individual Partnership _Corporation
Corporations require two notarized signatures: One from each of the following: (A)
Chairman of the Board, President, or any Vice President, AND (B) Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
By: By
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
State of California State of California
County of County of
On before me, On before me,
personally appeared personally appeared
personally known to me (or proved to me personally known to me (or proved to me
on the basis of satisfactory evidence) to on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are be the person(s) whose name(s) is/are
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she/they acknowledged to me that he/she/they
executed the same in his/her/their executed the same in his/her/their
authorized capacity(ies), and that by authorized capacity(ies), and that by
his/her/their signature(s) on the his/her/their signature(s) on the
instrument the person(s), or the entity instrument the person(s), or the entity
upon behalf of which the person(s) acted, upon behalf of which the person(s) acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
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