HomeMy WebLinkAboutOrange Avenue Disposal Company, Inc. - Amendment No. 3 to Franchise for Transfer, Processing and Disposal of Municipal Solid Waste, Construction and Demolition, and Asphalt and Concrete, Household Hazardous Waste Materials/')i¡ i'i. '','''
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT ("Third Amendment") made and
entered into between the CITY OF FRESNO, a municipal corporation, hereinafter
referred to as "CITY," and Orange Avenue Disposal Company, lnc., a California
corporation hereinafter referred to as "CONTRACTOR.,
RECITALS
WHEREAS, CITY and CONTRACTOR entered into an Agreement, dated
February 25, 2004, for the transfer, processing, and disposal of municipal solid waste,
construction and demolition waste, asphalt, concrete, and household hazardous waste
("2004 Agreement") and amended the Agreement first on November 27, 2OO7 (,,First
Amendment"), and again on July 28, 2011 ("Second Amendment"), all of which are
hereinafter collectively referred to as "Agreement;" and
WHEREAS, the Second Amendment, which permitted CONTRACTOR to assess
a Transfer Station Surcharge on each ton of solid waste delivered to CONTRACTOR,
expired March 15,2015; and
WHEREAS, CITY and CONTRACTOR desire to modify the terms of the
Agreement in this Third Amendment, the terms of which were presented and approve
by the Council of the City of Fresno on April g,2O1S.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, the mutual promises
herein contained, and for other good and valuable consideration hereby acknowledged,
the parties agree as follows:
1' Section 4.2 of the 2004 Agreement is amended so that the annual adjustmentfactor for the base fee shall be limited to not less than zero percent and notgreater than three percent during any year. The calculation methodology for the
base rate shall othenruise remain as specified in the 2}O{Agreement.
2. The fuel surcharge added to Section 4.2 of the 2004 Agreement by paragraph 1
of the First Amendment is eliminated in its entirety.
3. The transfer station surcharge initiated by the Second Amendment shall bereduced from its current rate of $5.36 per ton to $4.2g per ton, which dollaramount shall remaín fixed for the remainder of the term of the Agreement,
through February 25, 2024. The rate shall not be based on a slidinj scale or
subject to the consumer Pricing lndex or other adjustments.
4' All material delivered to the Orange Avenue Disposal Transfer Station from theCity of Fresno, including the City's Operation Cleanup materials, shall be
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disposed of at the American Avenue Landfill, and located at 18950 W American
Ave, Kerman, CA 93630.
5. The diversion rate specified in the third paragraph of Section 3.3 of the 2004
Agreement is amended to read as follows, "The maximum allowable diversion
requirement for purposes of this Agreement shall be five percent (5%)". No
changes to this diversion rate shall be allowed without: 1) prior written approval
of the City, or 2) a documented waste exchange executed by CONTRACTOR to
replace the additional diverted tons on a ton-for-ton basis.
6. This Third Amendment will remain in effect through the term of the 2OO4
Agreement, unless terminated with the consent of both parties.
7. Except as othenruise provided, the Agreement remains in full force and effect.
lN WITNESS WHEREOF, the parties have executed this Second Amendment at
Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
ORANGE AVENUE DISPOSAL COMPANY,
a California corporation
Orange Avenue Disposal Company, lnc.:
Attention: Richard Caglia, Director of Corporate
Development
3457 S Cedar Ave,
Fresno, CA93725
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By sf-rfrr
AMANDA B. FREEMA
Deputy City Attorney
Addresses:
CITY:
City of Fresno
Attention: Jerry Schuber
L. SCHUBER,
Department of Public Utilities
1325 El Dorado St.
Fresno, CA 93706