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HomeMy WebLinkAbout2000-218 I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . I I [' Resolution No. 2000 218 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND TAORMINA INDUSTRIES, INC. TO EXTEND TERM OF AGREEMENT FOR THE PROVISION OF COMMINGLED RECYCLABLES PROCESSING BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernarc\ino is hereby authorized and directed to execute on behalf of said City a First Amendment to the Agreement between the City of San Bernarc\ino and Taormina Industries, Inc., copy of which is attached hereto, marked Exhibit" 1" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced is rescinded if it is not issued within sixty (60) days of the passage of this resolution. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Jnne 22, 2000 ." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-218 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND TAORMINA INDUSTRIES, INC. TO EXTEND TERM OF AGREEMENT FOR THE PROVISION OF COMMINGLED RECYCLABLES PROCESSING I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernarc\ino at a Joint Regular meeting thereof, held on the 24 th July day of ,2000, by the following vote, to wit: Council Members: Abstain Absent Ayes Nays ..x.....- X - X X X X X ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK ~1~Ci~ City of San Bernarc\ino The foregoing resolution is hereby approved this :;J (/ ~ day of July ,2000. Approved as to form and Legal content; James F. Penman, City Attorney BY: 7/~ Jnne 22, 2000 2 2000-218 . . FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made as of this )(0 \---.. day of July ,2000, by and between TAORMINA Industries, Inc. (TAORMINA)) and the CITY OF SAN BERNARDINO (CITY). RECITALS A. On or about July 2~, 1995 TAORMINA and the CITY entered into an Agreement for the provision of commingled recyclables processing from the residential waste stream. B. TAORMINA and the CI1Y desire to enter into this First Amendment in order to extend the term of the Agreement from its expiration on July 27, 2000. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and of the mutual covenants contained herein, the parties hereto agree as follows: Paragraph 18 of the Agreement is hereby deleted in its entirety and the following inserted in place thereof: "18. The terms of this Agreement shall be for a two year period from the date first above shown. This Agreement may be renewed for up to three (3) additional one year tenns, for a total of five (5) years from the date first above shown; or to October 27, 2000, which ever is later." Except as amended by the tenns of this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement between TAORMINA INDUSTRIES, INe. and the CITY OF SAN BERNARDINO for the provision of commingled recyclables processing. CITY OF SAN BERNARDINO TAORMINA By: By: Approved as to form and legal content: h.~ k, CityOerk JAMES F. PENMAN, City A orney Exhibit" 1 "