1997 AGN MAY 06 I20 - Laserfiche WebLink

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.'9 9l TO: FROM: SUBJECT: AGENDA REPORT CITY OF COLTON For City Council Meeting of May 6, 1997 Apri129, I997 MAYOR GAYTAN, CITY COUNC ND CITY MANAGER 7ulie Hayward Biggs, City Att e , Amendment of Taormina Franchis Agreement It has been brought to my attention by a member of the City Council that there is concern that the Taormina Contract may have been amended by administrativ� staff without obtaining Council approval, I have been informed by the Assistant City Manager that in fact an adjustment to the production schectule for the Materials Recycling Facility (MRF) was made administratively in December of 1996. Apparently, a letter w�s received from Taormina at that time (Attachment A) that requests that the site acquisition requirement for construction a Materials Recycling Facility (MRF) be amended to permit Taormina to delay acquisition from January 1, 1997 to November 1, 1997. Various reasons are given for this request, including issues relating to the Delhi Sands Flawer Loving Fly and delays within the County of San Bernaxdino in releasing an RFP for processing their waste stream. The Taormina Agreement may only be amended as provided irr Section 15.02 of the Agreement. Sectian 15A2 reads as follows: "15.02 Amendments. The Parties may change, modify, supplement or amend this Agreement only upon mutual written agreement duly autharized and executed by both Parties; provided that wherever herein reports, forms or other documents are attached in substantially the form provided in the Exhibits, the City representative and Contractor Representative may edit an revise them upon their mutual agreernent evidenced in writing unless this Agreement specifically requires approvat by City Council pursuant to resolution or otherwise." The delay permitted with regard to acquisition of a MRF site was granted on the theory that only a"form" was being amended. As noted in the Agreement, such documents may be "edited and revised" by the City Representative and Contractor Representative evidenced in writing unless some other provision of the Agreement requires Council approval. No writing evidencing any change in the "form" was prepared or executed by the City. Rather, an oral waiver was given'to Taormina which is ineffective even under the provisions of Section 15.02, if those provisions in fact apply to this situation, They do not. � , �: - __ _ _ , ��