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HomeMy WebLinkAboutResolution No. 76490 ' RESOLUTION NO. 7649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THAT CERTAIN AGREEMENT DATED JULY 1, 1968, BETWEEN THE CITY OF AZUSA AND WESTERN DISPOSAL, AS AMENDED, RELATING TO COLLECTION OF RESIDENTIAL GARBAGE AND RUBBISH WITHIN THE CITY OF AZUSA WHEREAS, the City is authorized to provide for the collection of garbage and rubbish within the City by exclusive agreement; WHEREAS, on July 1, 1968, the City entered into an agreement with Western Disposal for the exclusive collection of all residential garbage and rubbish within the City by Western Disposal; WHEREAS, said agreement was amended on August 6, 1971, July 1, 1974, October 4, 1976, February 4, 1980 and June 11, 1983; WHEREAS, the City Council finds and determines that for the purpose of insuring continued protection and preservation of the public health, welfare and convenience of the people of the City it is advisable to provide for the collection of residen- tial garbage and rubbish within the City by the exclusive agreement with Western Disposal Company and the amendment to said agreement approved by this resolution; WHEREAS, this action is statutorily exempt from the Provisions of the California Environmental Quality Act pursuant to Public Resources Code Sections 21083 and 21087 and Section 15273 of the CEQA Guidelines in that the Council finds and deter- mines that the revenue from the fees set by this resolution will be used for the purpose of meeting increased operating expenses for the service required by the increase in rates of the disposal contractor and that revenue from said fees will not be used to specifically fund capital projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: SECTION 1. The City Council of the City of Azusa hereby approves the "Amendment to Agreement" amending the agree- ment between the City of Azusa and Western Disposal Company dated July 1, 1968, as amended, and authorizes the Mayor to execute said amendment on behalf of the City in substantially the form attached hereto as Exhibit "A." SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 21st day of January 1985. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a 11 regular meeting thereof, held on the 21st day of January , 1985, by the following vote of the Council: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LATTA -2- AMENDMENT TO AGREEMENT That certain Agreement entered into between the City of Azusa, a Municipal Corporation ("City") and Western Disposal Company ("Contractor") dated July 1, 1968, and amended on August 6, 1971, July 1, 1974, October 4, 1976, February 4, 1980, and June 11, 1983, is hereby further amended as follows: 1. Paragraph (7) of said Agreement is hereby amended to read as follows: (7) Reporting. The parties hereto agree that it is essential that Contractor, or his designated agent, shall contact the Department of Community Development of City, either in person or by telephone, weekly, at a time, and with a person, designated in writing by the Director of Community Development so that said Department may transmit to Contractor such complaints as may have been filed with the Department by citizens relating to Contractor's services. The parties hereto do agree that the actual damages to City by a failure to so contact the Department by Contractor, are extremely difficult and impracticable to fix. Therefore, the parties agree that for each and every week the Contractor fails to contact said Department, as hereinabove required, that, as, and for liquidated damages, and not as a penalty, the City shall be entitled to the sum of Ten Dollars ($10.00) for each such week, which sum or sums may be withheld by City from the monthly payments to Contractor. Con- tractor shall respond promptly to all reasonable requests and instructions issued by City pertaining to the collection of refuse. 2. Paragraph 13 of said Agreement is hereby amended to read as follows: 13. Payments. The City agrees to pay Contractor the sum of Four Dollars and Eleven Cents ($4.11), effective March 1, 1985, and Four Dollars and Thirty - One Cents (^$4.31), effective July 1, 1985, per month, per dwelling unit for the full term of this Agreement, subject, however, to the adjustments hereinafter mentioned in this paragraph. It is agreed by the parties, for the purposes of this Agreement only, that the number of dwelling units as of January 1, 1985, is D 9,968 Due to the growth in population of City, it is further agreed that an adjustment as to the number of such dwelling units shall be made at the'end of each three-month period during the term of this Agreement. Such adjustment shall be agreed upon by the City and the Contractor, based upon the actual number of such units, and if no such agreement can be reached, such adjustment shall be based upon actual count made at the equal expense of both parties. Commencing on July 1, 1969, and annually on each July 1st thereafter, provided that either party has given to the other written notice at least sixty (60) days before such July 1st of its desire to have a readjustment made, the unit price as above indicated, shall be readjusted by the parties hereto in proportion to the increase or decrease in the then latest available Bureau of Labor Statistics Cost of Living Index for the Los Angeles area, as compared to the latest said Index available on April 15, 1968; such adjusted figure shall thereafter be used in lieu of said unit price figure. Payments under this Agreement shall be made to Contractor -2- by City on or before the 10th day of each month com- mencing on and after August 10, 1968, and shall cover, respectively, the services rendered by Contractor during the preceding calendar month. 3. Except as amended in Paragraphs 1 and 2 herein, the remainder of that Agreement between the parties hereto dated July 1, 1968 and the amendments thereto dated August 6, 1971, July 1, 1974, October 4, 1976, February 4, 1980 and June 11, 1983, remains in full force and effect. CITY OF AZUSA By Euge e F. Ptoses, Mayor ATTEST: Adolp9 Solis, City Clerk APPROVED AS TO FORM Peter M. Thorson, City Attorney WESTERN DISPOSAL COMPANY BY9�.�(.�V'7:1'.lc, Bobken Hartunian President -3-