CC Resolution 1995-064 RESOLUTION 95-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA AMENDING THE CITY'S EXCLUSIVE
FRANCHISE AGREEMENT WITH WASTE MANAGEMENT
OF THE DESERT TO ALLOW THE CITY TO DIRECT THE
FLOW OF THE RESIDENTIAL AND COMMERCIAL WASTE
WHEREAS, the City of La Quinta has participated with the other
Coachella Valley Cities and the unincorporated County area in the issuance of a
Request For Proposal for the operations, design and construction management of a
Transfer Station with limited materials recovery capability; and
WHEREAS, the Transfer Station is necessary due to the closure of the
Coacheila and Edom Hill Landfills; and
WHEREAS, the ability of the City to direct the flow of the residential and
commercial waste hauled by the franchisee is important in ensuring the success of
the planned Transfer Station; and
WHEREAS, the amendment to the agreement as outlined in Exhibit A
would not affect the recyclables picked up by Waste Management of the Desert; and
WHEREAS, Waste Management of the Desert has agreed to the
Addendum to the Agreement as outlined in Exhibit A; and
WHEREAS, the Addendum to the Agreement is effective immediately
until the expiration of the franchise.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
La Quinta, California, as follows: The Waste Management Franchise Agreement is
amended as outlined in Exhibit "A",
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La
Quinta City Council, held on this 1st day of August, 1995, by the following vote, to
wit:
AYES: Council Members Bangerter, Cathcart, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
Resocc. 151
Resolution 95~4 ,--~
JOHN ~. PEl~l~)l~layor
City of La Quinta, California
~rk
City of La Quinta, California
APPROVED AS TO FORM
DAWN HONEYWELL, 'City Attorney
City of La Quinta, California
Re. otc. 151
EXHIBIT A
Addendum #2
to
Waste Management Contract
for
Refuse Collection and Disposal
The purpose and intent of this Addendum is to amend Article II, Section 2.01, Article
XIII, Article XV, and Article XX, Section 20.01 and 20.02 for the remainder of this
contract.
The parties hereto have mutually covenanted and agreed as follows:
1. Second Addendum. This Second Addendum is an amendment to the Franchise
Agreement dated September 10, 1990 and will supersede the provisions of the
Franchise Agreement to the extent that such provisions are inconsistent with
the provisions of this Second Addendum.
2. Article II, Section 2.01 - Scope of Work of the Franchise Agreement (Page 1)
shall be amended to read as follows:
Sectiorl. 2.01 - Sco.~e of Work
Franchisee shall transport and deliver all refuse collected pursuant to this
agreement to the disposal site(s) designated by the City.
The work to be done consists of collecting and disposing of residential and
commercial refuse within the corporate limits of the City. It further includes
the furnishing of all labor, methods or processes, tools, equipment and
transportation necessary to meet the requirements of the Agreement.
All collections and disposal contemplated hereunder shall be done and
performed, promptly in a good, thorough, workmanlike and efficient manner to
the reasonable satisfaction of the Administrative Authority, designated by the
City.
Franchisee shall maintain accurate records of the quantities of refuse delivered
to the disposal site(s) and will cooperate with the City in any audits or
investigations of such deliveries.
Franchisee shall cooperate with the operator of the disposal site(s), with regard
to operation therein, including by way of example, complying with directions
from the operator to unload collection vehicles in designatlikd~ ~.rp~as.
accommodating to maintenance operations and construction of new facilities,
and cooperating with the operator's Hazardous Waste Exclusion Program.
3. Article XIII paragraph number one of the Franchise Agreement (page 9) shall
be amended to read as follows:
The Franchisee shall have the exclusive right and privilege within the City, to
collect and dispose of refuse. Refuse is defined herein and in Chapter 6 of the
City of La Quinta Municipal Code. Except as otherwise herein provided, the
Franchisee shall not be required to provide service to anyone not' using
containers furnished by the Franchisee. Franchisee shall transport and deliver
all refuse collected pursuant to this agreement to the disposal site designated
by the City. Refuse, solid waste, rubbish, and garbage shall become the
exclusive property of the disposal site(s) (or other designee of the City as the
City may determine from time to time) once it is delivered to the disposal
site(s). The Franchisee shall not be required to collect or dispose of any
hazardous waste materials except as allowed by law.
4. Article XV of the Franchise Agreement (pages 10 and 11) shall be amended to
add as follows:
§. If Franchisee experiences increased operation costs due to increased
transportation/operational costs resulting from City designating a disposal
site(s), different than the site upon which the current rates are based,
Franchisee is entitled to an increase in rates charged. Adjustments to the
service rates shall be requested in writing by Franchisee in accordance with the
following:
Franchisee must, to the satisfaction of both a City appointed auditor and the
City, document increases in the transportation/operational costs, in the event
the costs have been documented and substantiated, Franchisee shall be
entitled to any increase not to exceed the amount necessary to recover the
total net cost increases.
5. Article II, Section 20.01 of the Franchise Agreement (page 14) is amended to
add as follows:
Section 20.01 - Definitions
11. Disposal Site. The term 'Disposal Site" means the solid waste facility or
facilities designated by the City for the ultimate disposal (by the Franchisee) of
refuse, solid waste, garbage and bulky items collected by the Franchisee. The
disposal site may include, but is not limited to, a solid waste landfill and a solid
waste transfer or processing station, or a combination thereof.
6. Article XX, Section 20.02, paragraph 2 of the Franchise Agreement (page 15),
is amended to read as follows:
2. Exclusiveness of Contract. It is agreed that the Franchisee shall have
the exclusive right during the term of this contract to collect, receive transport
and segregate any and all refuse, municipal solid waste, trash and bulky items
generated within the corporate limits of the City, and to charge the fee in
effect for such services. Franchisee shall transport and deliver all refuse,
municipal solid waste, trash and bulky items pursuant to this agreement to a
disposal site(s) designated by City.
This section shall not, however, be deemed to prohibit any person performing
gardening or landscape services, and who possesses an appropriate business
license for such activity from carrying away from a customer's premises any
clippings, branches, leaves and the like, generated by the gardening or
landscape services performed.
This section further shall not be deemed to apply to any person transporting
his own refuse to a legally established dump site.
CITY OF LA QUINTA, CA WASTE MANAGEMENT
O~~HE DESERT, INC.
THOMAS P. GENOVESE PATT~ SOMMERVlLLE
City Manager General Manager
Date Date