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Home My WebLink About26- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill,Director Subject Resolution authorizing the Mayor to execute the First Amendment to the Agreement between the City Dept: Public Services oR ` . and Taormina Industries, Inc. for the provision of �" ` e s commingled recyclables processing,to extend term of Date: July 13, 2000 agreement Council Meeting Date: July 24, 2000 Synopsis of Previous Council Action Reso 95-221 adopted July 10, 1995 Recommended Motion: Approve resolution 2'4y� Lynn Merrill Contact person: Lynn Merrill Phone: 5140 Supporting data attached: Staff Report,Resolution,Agreement Ward: All FUNDING REQUIREMENTS: Amount: $25,000 Source: 527-412-5179 Finance Council Notes: Agenda Item No.�� 7/a Y 0oa 1 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION 1 STAFF REPORT SUBJECT Resolution authorizing the Mayor to execute the First Amendment to the Agreement between the City and Taormina Industries, Inc. for the provision of commingled recyclables processing,to extend term of agreement BACKGROUND On July 10, 1995 a resolution was adopted by the Mayor and Council approving an Agreement between the City of San Bernardino and Taormina Industries, Inc., for the provision of commingled recyclables from the residential waste stream. Approximately 70 tons of commingled recyclables per day are delivered to the Transfer Station for processing. Paragraph 18 of the Agreement states: "71x terms of this Agrwwa shall be for a=y arNnod fron the date fnst a w shown ffuly 27, 1995). This Agrawort may he raxual for up to d?tw(3)additiond one year terms,for a maxvrnim of firms(S) )am from the date first ahoze shown. In accordance with the Agreement the term of agreement for commingled recyclables processing expires effective July 28,2000. The purpose of this First Amendment is to extend the termination date for a period of ninety(90) days,from July 28,2000 to October 27, 2000 inclusive. The purpose of this extension is to allow the City additional time to conduct a Request for Proposal process for commingled recyclables processing from both the residential and commercial waste streams. Therefore,it is necessary to extend the term stated in Paragraph 18 of this agreement. Taormina Industries, Inc. has formally concurred with the City's request to extend the agreement. (Attachment #1 and #2) FINANCIAL IMPACT No financial impact is projected for the Refuse Enterprise Fund. Funds for the processing of commingled recyclables are included in the FY2000/2001Refuse Budget under account 527-412- 5179 Dump fees. RECOMMENDATION It is recommended that the resolution is adopted to authorize the Mayor to execute the extension of the agreement term between the City and Taormina Industries, Inc.to October 27, 2000 inclusive. 1 1 Resolution No. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT 3 BETWEEN THE CITY AND TAORMINA INDUSTRIES, INC. TO EXTEND TERM OF AGREEMENT FOR THE PROVISION OF COMMINGLED RECYCLABLES 4 PROCESSING 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to execute on behalf of said City a First Amendment to the Agreement between the City of San 9 Bernardino and Taormina Industries, Inc., copy of which is attached hereto,marked Exhibit "1" 10 and incorporated herein by reference as fully as though set forth at length. 11 SECTION 2. The authorization to execute the above referenced 12 13 is rescinded if it is not issued within sixty(60) days of the passage of this resolution. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28a (� Jtuie 32,3000 � I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT 2 BETWEEN THE CITY AND TAORMINA INDUSTRIES, INC. TO EXTEND TERM OF AGREEMENT FOR THE PROVISION OF COMMINGLED RECYCLABLES 3 PROCESSING 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 the day of , 2000, by the following vote,to wit: 7 8 Council Members: Ayes Nays Abstain Absent 9 ESTRADA 10 LIEN 11 McGINNIS 12 SCHNETZ 13 suAREz 14 ANDERSON 15 McCAMMACK 16 17 Rachel Clark,City Clerk 18 City of San Bernardino 19 The foregoing resolution is hereby approved this day of 20 , 2000. 21 22 Judith Valles,Mayor 23 City of San Bernardino Approved as to form and 24 Legal content; James F. Penman,City Attorney 25 26 BY: 27 28 June 22,2000 2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made as of this day of , 2000, by and between TAORMINA Industries, Inc. (TAORMINA)) and the CTIY OF SAN BERNARDINO (CITY). RECITALS A. On or about July 27`x, 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 CITY 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 terms, 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 terms of this First Amendment,the Agreement shall remain in full force and effect. IN WITNESS VFIEREOF,the parties hereto have executed this First Amendment to the Agreement between TAORMINA INDUSTRIES, INC. and the CITY OF SAN BERNARDINO for the provision of commingled recyclables processing. CITY OF SAN BERNARDINO TAORMINA INDUSTRIES, INC. BY- By: Judith Valles,Mayor ATTEST: Approved as to form and legal content: Rachel Clark,City Clerk JAMES F. PENMAN, City A orney By . • Exhibit"i" Dili AORMINA Thomas J.Vogt I N D U S T R I E S President a Chief Executive Officer A CALIFORNIA COPORATION July 31,2000 Post Office Box 309 Anaheim,CA 92815-0309 Mr. Lynn Merrill Telephone 714.238.3300 Director of Public Services City of San Bernardino Facsimile 714.238.3309 300 North D Street San Bernardino, CA 92418-0001 Re: Extension of Commingled Recyclables Agreement Between the City of San Bernardino and Taormina Industries Dear Mr. Merrill: This letter is to acknowledge Taormina Industries concurrence for an additional thirty(30)day extension of the Commingled Recyclables Agreement between Taormina Industries and the City of San Bernardino. This agreement will be extended from September 27, 2000 to October 27, 2000 in accordance with the City's request. If you need any additional information or have questions,please let me know. Sin:' as s ely, Th J. Vogt r TJV:slc c: Find Wilson, City Administrator Huston Carlyle, Senior Assistant City Attorney Dave Batson,Purchasing Manager Arlington Rodgers, Solid Waste Manager Dave Ault, Taormina Industries Anaheim Disposal Brea Disposal Garden Grove Disposal Placentia Disposal Villa Park Disposal Yorba Linda Disposal Disposal Services CVTRecycling ® PRINTED ON RECYCLED PAPER CITY CLERK'S OFFICE RACHEL G.CLARK,C.M.C.-CrrY CLERK P.O. Box 1318•San Bernardino•CA 92402 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 • Business Registration Division: 909.384.5302 ;Saflernar in Passport Acceptance Facility: 909.384.5128 www.ci.san-bernardino.ca.us SM July 27, 2000 Mr. Tom Vogt Taormina Industries P.O. Box 309 1131 N. Blue Gum Street Anaheim, CA 92815 Dear Mr. Vogt, At the Mayor and Common Council meeting of July 24, 2000, the City of San Bernardino adopted Resolution 2000-218 — Resolution authorizing 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. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the executed agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed by September 22, 2000. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability •Respect for Human Dignity•Honesty l� C I T Y O F X an bernardino P U B l I C S E R V I C E S D E P A R T M E N T L Y N N M E R R I L L DI R E C T O R July 18, 2000 Mr.Tom Vogt Taormina Industries P.O. Box 309 1131 N. Blue Gum Street Anaheim, California 92815 I Dear Mr. Vogt, i In accordance with the agreement executed between the City and your firm on July 27, 1995,the term of the agreement for commingled recyclables processing expires effective July 27, 2000. It is the Department's intent to recommend that the Mayor and Common Council extend the agreement for a period of ninety (90) days, from July 28, 2000 through October 27, 2000. The purpose of this extension is to allow the City additional time to conduct a Request for Proposal process for commingled recyclables processing from both the residential and commercial waste streams. d This letter is a formal request for a letter from your firmto the City of San Bernardino concurring f this request for an extension of ninety (90) days as an acceptable addendum to the current agreement between the City and your firm. Sincerely, t Lynn Merrill Director of Public Services LCM/jj cc: Fred Wilson,City Administrator Huston Carlyle, Senior Assistant City Attorney Dave Batson, Purchasing Manager Arlington Rodgers, Solid Waste Manager ® 3 0 0 N O H 1 1 II A 9 U 2 4 1 S 8 I R L E I S A N III N N A R U I N O C A I 1 1 0 17 N 0 0 0 1 A7AORMINA rhorusJ.VoV N D U S T R I E S president 6 A CALIFORNIA COPORA rioN - Chief EXecurw Officer July 18, 2000 Sent via Facsimile Post Office B;x 309 Anaheim.CA 32315-0309 Mr. Lynn Merrill Telephone 714.2X33X Director of Public Services City of San Bernardino Facsrmlle714.2X.3309 300 North D Street San Bernardino, CA 92418-0001 Re: Extension of Commingles Recyclables Agreement Between City of San Bernardino and Taormina Industries Dear Mr. Merrill: Please accept this letter as Taormina Industries' acknowledgement and formal concurrence to extend the agreement between the City of San Bernardino and Taormina Industries for commingled recyclables processing. This agreement would be extended for an additional ninety (90idays from July 28, 2000 through October 27, 2000 inclusive. We are more than happy to work with the City in this regard to allow additional time to conduct your Request for Proposal for both residential and commercial waste streams commingled recyclable processing. If you have any questions,or if we can be of further assistance,please let me know. Best regards, v Thomas . ogt TJV:slc c: Fred Wilson, City Administrator Huston Carlyle, Senior Assistant City Attorney AnaheimDisxsal .r Dave Batson,Purchasing Manager Arlington Rodgers, Solid Waste Manger Brea Disposal Dave Ault,Taormina Industries Garden Grove Disposal Placentia Dwsal Vila Park Disposal Yorba Linda Drsposal Disposal Services CVTRecyc(rV ® MIRED ON RECYCLED PAKR