CC Resolution 1997-069^^Q/ RESOLUTION NO.97-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT
FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL
SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND
WASTE MANAGEMENT OF CALIFORNIA.
WHEREAS, Chapter 6.04 of the La Quinta Municipal code authorizes the City
to provide for and furnish services relating to collection, transfer and disposal of solid
waste and refuse within and throughout the City; and
WHEREAS, City staff has initiated a First Amendment to the Agreement in good
faith pursuant to Article 1 of the City's Refuse Collection Services Contract with
Waste Management of California, Inc., for the collection, transportation, and disposal
of municipal solid waste within the City of La Quinta.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La
Quinta that the First Amendment Agreement for Collection, Transportation, and
Disposal of Municipal Solid Waste by and between the City of La Quinta and Waste
Management of California, Inc. Attachment 1) is hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council, held on this 5th day of August, 1 997 by the following vote:
AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tem Perkins
NOES: None
ABSENT: Mayor Holt
ABSTAIN: None
RON PERKINS, Mayor Pro Tem
City of La Quinta, California
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^^Q/ATTEST
City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
4?*
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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^^Q/ ATTACHMENT 1
FIRST AMENDED AGREEMENT
FOR THE
COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE
BY AND BETWEEN
THE CITY OF LA QUINTA
AND
WASTE MANAGEMENT OF CALIFORNIA, INC.
August 5, 1997
This First Amended Agreement is made and entered into as of the 5* day of August, 1997,
by and between the City of La Quinta, a Charter City City') and Waste Management of California,
Inc., a California Corporation doing business as Waste Management of the Desert uContracto?).
WHEREAS, the parties entered into that certain Agreement for the Collection,
Transportation, and Disposal of Municipal Solid Waste the Agreement")dated July 22, 1996; and,
WHEREAS, the parties agree that it is in the best interest of both parties to make
certain amendments to the Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
Section 2.3 A.: Automated Program Startup, second paragraph, first sentence shall be
amended to state:
Contaactor shall provide residents with a 96 gallon wheeled cart for MSW storage,
unless the resident requests a smaller container in which case a smaller cart shall be
provided..'
2. Section 2.3.F.' Billing of Residential Customers, first p**h shall be amended to read:
Contractor shall bill residential customers via the tax rolls as described in Section
14.1. Contractor shall beer the risk that, if for any reason the property tax levy does
not raise adequate fluids, then in that event, Contractor's sole remedy shall be against
the Contractor's customer and not agasnst the City. The City does not guarantee the
accuracy or adequacy of the levy or that the levy amount will be paid by the property
owner. The City shall reasonably cooperate with Contractor in collecting payment
ftom the residential customer.'
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^^Q/3. Section 2.3.F.: Billing of Residential Custome*, following the third paragraph, a fourth
paragraph shall be added to state:
In the event that an owner provides notice to the Franchisee that trash removal will
not be needed during a continuous period of greater than four months for specified
dates* and the Franchisee verifies that no trash removal was necessary during the
specified time period, the owner shall be entitled to a refund of fifty percent 50%)
of the assessed amount of the fee due to the waste hauler as collected on the tax roll.
Said refunds shall be calculated on an annual basis each January 30* for the prior
calendar year, and shall be paid within thirty days of the calculation. A report of the
calculation shall be provided to the City. Franchisee may request a rate adjustment
in the subsequent year if said refunds exceed $4,000 in the prior given year."
4. Section 2.6: Operational Requirements, all references in Section A. 1. and 2. And B. I. and
2 to the Am collection times shall be amended from 6:00 or 6:30 to 5:30 a.m.
The above are the sole amendments to the Agreement. All other provisions, terms, and
conditions, shall remain in full force and effect.
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