RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, ADOPTING A RESOLUTION APPROVING THE ASSIGNMENT OF THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF COMMERCE AND CALMET SERVICES INC. FOR RESIDENTIAL REFUSE AND RECYCLING SERVICES TO ATHENS SERVICES WHEREAS, the City entered into an extended agreement term effective July 1, 2014 due to expire on June 30, 2019 with Calmet Services Inc; and WHEREAS, on July 17, 2018, staff presented to City Council CalMet’s request for a five (5) year extension; and WHEREAS, on October 16, 2018, City Council approved CalMet’s First Amendment to the Agreement for a four-year extension through June 30, 2023; and WHEREAS, City Council approved CalMet’s new Agreement term to expire on June 30, 2023 with the 8 semi-exclusive agreements for commercial refuse and recycling services expiring on October 31, 2023; and WHEREAS, the City received two letters dated December 9, 2021, from Athens Services notifying the City of its “agreement dated November 18, 2021 to acquire all or substantially all of the assets of CalMet Services, Inc. (“CalMet”) along with its affiliate business, Paramount Resource Recycling (“Transaction”)”; and WHEREAS, these letters also request the City for “consent of assignment of that certain Solid Waste Management Agreement dated July 1, 2014, including any duly executed amendments thereto, between the City of Commerce and CalMet Services, Inc. (“Agreement”)”; and WHEREAS, Paragraph 20 of CalMet’s Agreement with the City allows for an assignment with written consent of the City; and WHEREAS, staff recommends assigning CalMet’s Exclusive Franchise Agreement for Residential Refuse and Recycling Services to Athens Services.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. Approves the assignment of said Agreement from CalMet Services, Inc. to Athens Services.
Section 3. The Mayor is authorized to execute the Resolution for and on behalf of the City of Commerce.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED AND ADOPTED this 11th day of January, 2022. _______________________________
Leonard Mendoza Mayor
ATTEST:
_________________________________
Lena Shumway
City Clerk
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