HomeMy WebLinkAboutReso 123-06 AVI Amend Agmt #1
RESOLUTION NO.l23 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AMENDMENT NO.1 TO
AGREEMENT WITH AMADOR VALLEY INDUSTRIES, LLC
FOR SOLID WASTE COLLECTION SERVICES
WHEREAS, the City of Dublin has an existing agreement with Amador Valley Industries, LLC
dated January 12, 2005, and
WHEREAS, the Agreement contains a detailed methodolob'Y for the adjustment of compensation
to the Company; and
WHEREAS, on pages 78 and 79 there are inconsistent references to the index to be applied to the
"All Other" category of Company expenses; and
WHEREAS, it is desirable to amend the agreement in a manner that will avoid any confusion as it
is administered over the next several years.
NOW, THEREFORE, BE IT RESOL VEll that the City Council of the City of Dublin hereby
approves the amendment no. I to the agreement (attached hereto as Exhibit A) with Amador Valley
Industries, LLC
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote'
AYES Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart
NOES None
ABSENT None
ABSTAIN None
Amlnu~~
City Clerk
Reso 123-06, Adopted 6120/06, Item No.4 19
Page I of I
EXHIBIT A
AMENl>MRNT NO.1 TO
AC,REEMENT BETWEEN CITY 01<' DUBLIN AND
AMADOR V ALLEY INDUSTRIES, LLC
FOR SOLlD WASTE COLLECTION SERVICES
Recitals
WHEREAS, the partIes City of Duhlin, heremafter "CITY" and Amador Valley Tndustries, a California lillllted
liabihty corporation, hcrcinaftcr "CONTRACTOR" entered mto an Agreement dated January 12, 2005, and
WHEREAS, ExhibIt 2, pages 7R and 79 onhe Agrecment contain a methodology for the adjustment of
compensation and calculation ofthe RRI Factor (as defined m seclHln 5.05 1 1 of the Agreement); and
WHEREAS, on pages 78 and 79 there are inconsistent references to the mdex to bc applied to the "All Other"
category of Company expenses; and
WHEREAS, the parties desire to have a consistent reference to tbe mdex to be applied.
NOW, THEREFORE, "CTTY" and "CONTRACTOR" through their legal representatives as signed below agree
to amend page 79 orthe Agreement as follows:
I In Step 1 a, the words describing the fourth Senes ill listed in the CompensatIon Adjustment Model on
page 79 which read: "Series ill' euurx400saO CPI- All Urban Consumers All Items - Bay Area" shall be
deleted and replaced with. "Series ill: IJcu3339243339243 Tndustrial Truck & Tractor Mf~. - Parts for
Industll aJ Work T TUcks"
2. In Step Ib, the words describmg the fourth Senes ill hsted in the Compensation Adjustment Model on
page 79 which read: "Selles ill' cuurx400saO CPT- All Urban Consumers All Items - Bay Area" shall be
deleted and replaced with. "Series ID: pcu3339243339243 Industllal TTlLck & Tractor Mfg. - Parts for
.Industrial Work Trucks"
3 In Step Ie, the words describing the fourth Series ill listed 1ll the Compensation Adjustment M(ldel on
page 79 WhICh read. "Selles ill' euuTX400saO CPT- All Urban Consumers All Items - Bay Arca" shall be
deleted and replaced with. ~'Series ill: IJcu3339243339243 Tndustllal Tmck &_ Tractor Mf~. - Parts for
Industrial Work TI11Cks"
4 All modifications to Company compensation pursuant to the Agreement shall utihze this change unless
the Agreement IS furth~r amended in wnting.
IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed thIs amendment dated .Tune 20,
2006.
FOR CITY
ATTEST
Richard C Ambrose, City Manager
Fawn Holman, City Clerk
APPROVED AS TO FORM
~a.?-p,- 1ft',J [
City Attorney
FOR CONTRACTOR.
Robert J. MohnaTO, President Amador Valley Tndustries, LLC