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RESOLUTION NO. 02-048 }
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARSON, CALIFORNIA, APPROVING AMENDMENT j
NO. 1 TO THE FRANCHISE AGREEMENT FOR i
a INTEGRATED COMMERCIAL WASTE MANAGEMENT
SERVICES BETWEEN THE CITY OF CARSON AND BFI
WASTE SYSTEMS OF NORTH AMERICA, INC.
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THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES
AS FOLLOWS:
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Section 1. The City Council of the City of Carson does hereby find, determine and
declare that: f
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A. City and Company have previously executed that certain Franchise
Agreement for Integrated Commercial Waste Management Services dated February 26,2002,
("Agreement") relating to the collection and disposal of solid waste from commercial accounts in
the City of Carson.
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B. City and Company desire to amend the Agreement as set forth in
Amendment No. 1 that is attached to this resolution.
Section 2. The City Council of the City of Carson hereby approves Amendment No. I
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1 to the Franchise Agreement for Integrated Commercial Waste Management Services dated as
of February 26, 2002. The Mayor is authorized and directed to execute Amendment No. 1 on
behalf of the City in substantially the form attached hereto as Exhibit A. f
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PASSED,APPROVED AND ADOPTED by the City Council of the City of Carson this k
19th day of March, 2002.
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ATTEST:
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CITY CLERI MAYOR
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APPROVED AS TO FORM:
CITY ATTORNEY
#02-048-amendment to BFI commercial franchise agreement
AMG:cm:c:16:I eel agenda&reports
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the
( whole number of members of the City Council is five; that the foregoing resolution, being Resolution No.
i 02-048 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the
19" day of March, 2002 and that the same was passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Sweeney, Frank, Ontal, and Dear
NOES: COUNCIL MEMBERS: Calas
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of Carson, ;alifo-mia
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AMENDMENT NO. 1
TO FRANCHISE AGREEMENT FOR INTEGRATED COMMERCIAL WASTE
MANAGEMENT SERVICES BETWEEN THE CITY OF CARSON
AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC.
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THIS AMENDMENT NO. 1 TO FRANCHISE AGREEMENT FOR
INTEGRATED COMMERCIAL WASTE MANAGEMENT SERVICES
("Amendment"), effective as of March_, 2002, as provided for in paragraph 3 below,
is entered into by the City of Carson("City"), and BFI Waste Systems of North America,
Inc., a Delaware corporation("Company").
RECITALS:
A. City and Company have previously executed that certain Franchise
Agreement for Integrated Commercial Waste Management Services dated February 26,
2002, ("Agreement")relating to the collection and disposal of solid waste from
commercial accounts in the City of Carson.
B. City and Company desire to amend the Agreement as set forth in
this Amendment.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: i
1. The Agreement is amended by adding a new Subsection 6.7 to read
as follows:
"63 Five-Year Deferral on Rate Adjustments for Certain
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Commercial Accounts.
Notwithstanding any provisions to the contrary
contained in this Article 6 or in Exhibit 3 to this
Agreement, Company acknowledges and agrees that,
during the first five rate years of this Agreement,no rate
adjustments based upon changes in the Consumer Price
Index will be made to those commercial accounts identified
in Subsection 5.13 that are entitled to receive the 15%
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discounts or rebates."
2. EFFECT OF AMENDMENT. Except as modified in this
Amendment, either expressly or by necessary implication,the terms and provisions of the
Agreement between the parties shall remain in full force and effect.
3. EFFECTIVE DATE. This Amendment shall become effective on .
Amendment, or on the dates specified
in this Am P
the effective date of the resolution authorizing ,
as the effective date in that resolution. The City Clerk will attest to the execution of all
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counterparts of this Amendment No. 1 by a duly authorized officer of the City and will
transmit one or more fully executed counterparts to the Company.
TO EFFECTUATE THIS AMENDMENT,the parties have caused this
k Amendment No. 1 to be executed and attested by their respective duly authorized i
officers.
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CITY OF CARSON I
ATTEST: f
By:
CITY CLERK DARYL W. SWEENEY,
MAYOR
Dated:
APPROVED AS TO FORM: j.
CITY ATTORNEY
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BFI WASTE SYSTEMS OF
NORTH AMERICA,INC.,a
Delaware Corporation j
By:
Michael A. Caprio
Title: Regional Vice President
Dated:
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