HomeMy WebLinkAbout1999-212
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1 Resolution No.
1999-212
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM CURRAN'S RUBBISH
DISPOSAL, INC. TO BURR GROUP, INC., SUBJECT TO CONDITIONS.
WHEREAS, on May 1, 1995, the Mayor and Common Council adopted Resolution No.
95-139 entering into a Franchise Agreement with Curran's Rubbish Disposal, Inc., for the
colleejeion, transportation, recycling and disposal of solid waste and construction debris, and for
providing temporary bin/ rolloff services and on June 17, 1996, the Mayor and Common Council
adopted Resolution No.96-174 amending said Franchise Agreement; and
WHEREAS, the City of San Bernardino received a formal request to transfer the
franchise from Curran's Rubbish Disposal, Inc. to Burr Group, Inc.; and
WHEREAS, pursuant to the Franchise Agreement, the franchise shall not be transferred,
sold or assigned except with the express prior written consent of the City of San Bernardino,
which consent shall not unreasonably be withheld;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Within 180 days of transfer of assets to Burr Group, Inc., Burr Group, Inc.
shall transfer all permanent single family residential accounts to the City of San Bernardino. Such
transfer is necessary in order to ensure that all residential customers receive identical services as
provided to current customers of the City, reduce the potential for confusion of residents
regarding their refuse service provider, and ensure full compliance with the California Integrated
Waste Management Act of 1989 ("AB939"). In exchange, the City shall identify and transfer to
Burr Group, Inc. a certain number of commercial accounts which shall equalize the annual
revenues of this transfer. Both parties shall work together to ensure a smooth transition. Said
transfer of accounts shall be memorialized and approved by Burr Group, Ine. and the City within
180 days of the transfer of assets, as an amendment to the Franchise Agreement.
August 10. 1999
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM CURRAN'S RUBBISH
DISPOSAL, INC. TO BURR GROUP, INC., SUBJECT TO CONDITIONS.
SECTION 2. Effective September 1, 1999, the transfer of all rights, benefits, duties and
obligations of the Franchise Agreement from Curran's Rubbish Disposal, Inc. to Burr Group, Inc.
is hereby approved, subject to Section 1 of this resolution and the conditions set forth in the
Franchise Agreement by and between the City of San Bernardino and Curran's Rubbish Disposal,
Inc., a copy of which is attached hereto as Exhibit "A" .,(1995 Agreement and 1996 Amendment)
and incorporated herein by this reference as if set forth in its entirety.
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August 10. 1999
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1999-212
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM CURRAN'S RUBBISH
DISPOSAL, INC. TO BURR GROUP, INC., SUBJECT TO CONDITIONS.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
the 16th
day of August
, 1999, by the following vote, to wit:
6 Council Members:
7 ESTRADA
8 LIEN
9
Abstain
Absent
Nays
Ayes
x
x
x
McGINNIS
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SCHNETZ
x
VACANT - 5th Ward
ANDERSON
x
MILLER
x
(~<dd h. C~~
Rachel Clark, City Clerk
City of San Bernardino
/7f7v
The foregoing resolution is hereby approved this
day of
August
,1999.
~~e- .f] ~L~
Betty Dean Anderson
Mayor Pro Tem
Approved as to form and
Legal content;
James F. Penman, City Attorney
^
BY: A. M t.fe~
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AuguST 10, 1999
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95-139
8.~~i~al 1999-212
(C/Y
AGREEMENT
bdweell
THE CITY OF SAN BERNARDINO
tmtl
CURRAN'S RUBBISH DISPOSAL, INC.
FOR THE COllECTION, TRANSPORTATION, AND DISPOSAL OF
SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING
TEMPORARY BINIROu,oFF SERVICES
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1999-212
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TABLE OF CONTENTS
PAGE
Reci tals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. Grant of Commercial, Residential, Construction,
Industrial, and Temporary Bin Franchise.................. 2
2. Defini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A. AB 939............................................................................................ 2
B.. Bins.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2
C. Compostable Materials............................... 2
D. Future Annexed Areas................................ 3
E. Grantee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
F. Recyclable Materials................................ 3
G. Recycling Program................................... 3
H. Solid Waste......................................... 3
I. Temporary Bins...................................... 3
3. Franchise Area; Grandfathered Accounts................... 4
4. Services Provided by Grantee............................. 4
A. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. Commercial, Industrial and Multi-Family Residential. 4
(1) Multi-Family Weekly Service.................... 4
(2) Commercial and Industrial Weekly Service....... 5
(3) Single Family Residential...................... 5
C. Temporary Bin/Rolloff Services...................... 5
D. Commercial, Industrial, and Residential Recycling
Programs ........................................... 5
(1) Single Family Residential Recycling Programs... 6
(2) Commercial and Industrial Recycling Programs... 6
(3) Temporary Bin/Rolloff Recycling Programs....... 6
5. Disposal of Solid Waste.................................. 6
6. Recycling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7.. Franchise Fees...................................................................................... 7
8. Term; Extensions......................................... 7
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14.
15.
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17.
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18.
1999-212
TAHIR OF CONTENTS
(cOlltbuud)
Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
B.
C.
D.
E.
Residential Rates...............
Commercial and Industrial Rates.
Temporary Bin Rates.......
Notice of Rate Changes....
Notice to City; Recycling Fees.
PAGE
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Workers' Compensation Insurance.......................... 10
Franchise Transferrable; City Consent Required...........
Franchise Transfer; Fees.................................
Privacy.
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Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Liability
Insurance
Coverage. . . .
................................................ ..
Hold Harmless............................................ 11
Collection
and
Equipment.
.............................................................. ..
Public Access to Grantee.
A. Office Hours.......
B. Service Complaints.
C. Government Liaison Person.
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Household Hazardous Waste................................ 12
General Provisions....................................... 13
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
Amendments......
Attorney's Fees.
Compliance with Applicable Law.
Compliance with Franchise Agreement.
Counterparts.........
Entire Agreement.....
Exhibit Incorporated.
Force Majeure........
Gratuities...........
Independent Contractor.
Law to Govern; Venue.
Notices.......
Right to Audit.
Validity...... .
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1999-212
AGREEMENT
between
THE CITY OF SAN BERNARDINO
and
CURRAN'S RUBBISH DISPOSAL,
INC.
FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF
SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING
TEMPORARY BIN/ROLLOFF SERVICES
This Franchise tgreement V! (the "Franchise Agreement") is
entered into this ':;5+ day of Ii/t&iir ' 1995 (the "Effective
Date"), by and between the City of an Bernardino (the "City") and
Curran's Rubbish Disposal, Inc. (the
collection, transportation, and disposal
construction debris and for providing
services.
"Grantee"), for the
of solid waste and
temporary bin/rolloff
RECITALS
WHEREAS, the Legislature of the State of California, by
enactment of the California Integrated Waste Management Act of 1989
("AB 939"), has declared that it is within the public interest to
authorize and require local agencies to make adequate provisions
for solid waste and construction debris handling wi thin their
jurisdictions; and
~ pursuant to California Public Resources Code Section
40059 (a)( 2), the City of San Bernardino ("City") has determined
that the public health, safety, and well-being required that a
franchise be awarded to a qualified enterprise for the collection,
transportation, and disposal of solid waste and construction debris
and for providing temporary bin/rolloff services in residential,
commercial, construction, and industrial areas in the City of San
Bernardino; and
WHEREAS, the Common Council of the City of San Bernardino
declares its intention of maintaining reasonable rates for the
collection, transportation, and disposal of solid waste and
construction debris and for providing temporary bin/rolloff
services within Franchise areas;
NOW, THEREFORE, THE PARTIES AGREE AS FOlLOWS:
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1999-212
AGREEMENT
1. Grant of Commercial. Residential. Industrial, and TemDOrary
Bin Franchise.
This Franchise Agreement grants a franchise as provided herein
and pursuant to Chapter 8.24 of the San Bernardino Municipal Code
Relating to Garbage and Rubbish (hereinafter, "Chapter 8.24") and
California Public Resources Code Section 40059(a)(2) to Grantee,
for the cqllection and transportation of recyclable and compostable
materials, and for the collection, transportation, and disposal of
solid waste and construction debris and for providing temporary
bin/rolloff services in commercial, residential, and industrial
areas wi thin the City of San Bernardino. Notwi thstanding the
refuse collection services provided by the City, so long as this
Franchise Agreement remains in effect Grantee shall have the right
and privilege to collect commercial, residential and industrial
refuse in the Franchise Area.
2. Definitions.
Whenever any term used in this Franchise Agreement has been
defined by Chapter 8.24 of the San Bernardino Municipal Code or
Division 30, Part I, Chapter 2 of the California Public Resources
Code, the definitions in the Municipal Code or Public Resources
Code shall apply unless the term is otherwise defined in this
Agreement.
A. AB 939.
"AB 939" shall mean the California Integrated Waste
Management Act of 1989, as it may be amended from time to
time.
B. Bins.
"Bins" shall mean those containers provided by Grantee
for commercial, industrial, residential, and multi-family
residential uses. Bins are of two types: (i) Bins which
are picked up by refuse trucks by means of front loading
apparatus; and (ii) Rolloff Bins which are picked up by
trucks using rear loading winches onto rails.
C. ComDostable Materials.
"Compostable Materials" mean any organic materials which
have been segregated from other solid waste materials for
the purpose of composting. Compostable Materials shall
include but not be limited to vegetable, yard, wood, and
paper wastes.
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1999-212
D. Future Annexed Areas.
"Future Annexed Areas" mean any unincorporated areas
which are located wi thin the City of San Bernardino
sphere of influence, or which may be annexed into the
corporate boundaries of the City.
E. Grantee.
"Grantee" shall mean Curran's Rubbish Disposal, Inc., a
California corporation, the entity granted the Franchise
pursuant to this Franchise Agreement.
F. Recyclable Materials.
"Recyclable Materials" means any materials which have
been segregated from other solid waste materials for the
purpose of recycling or reuse. Recyclable materials
shall include but not be limited to newspapers,
corrugated mixed paper, high grade paper, glass
containers, yard waste, food waste, plastic containers,
other plastics, other glass, metals, waste tires, and
wood.
G. Recycling Proaram.
"Recycling Program" means the collection, removal and
transportation of recyclable materials and/or compostable
materials to either a processing facility, composting
facili ty or end market where said materials will be
sorted, cleaned, treated, composted or reconstituted.
H. Solid Waste.
"Solid Waste" means all putrescible and nonputrescible
solid and semisolid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, manure, vegetable or
animal solid and semisolid wastes, and other discarded
solid and semisolid wastes. "Solid Waste" does not
include hazardous waste as defined by the State of
California, or low-level radioactive waste. "Solid
Waste" does not include medical waste which has not been
treated for disposal at a solid waste facility.
I. Temporary Bins.
"Temporary Bins" shall mean all rubbish bins of a size
three (3) yards and greater which are placed by Grantee
upon user's request at a location within the City limits
for a period not to exceed ninety (90) days. "Temporary
Bins" shall not include the placing or servicing of any
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rubbish bins at any City or Economic Development Agency
projects or operations.
3. Franchise Area: Grandfathered Accounts.
The Franchise Area granted by this Franchise Agreement shall
be all residential, commercial, and industrial accounts within the
City of San Bernardino: provided however, that such Franchise Area
shall be limited to those regular accounts "grandfathered" by the
City which were acquired by Grantee prior to January 1, 1994 and as
are set forth on Exhibit" A" . Temporary accounts shall not be
limi ted to the grandfathered accounts and may be acquired by
Grantee from time to time. Grantee's accounts in geographical
areas not currently within the City of San Bernardino but which are
annexed by the City after the effective date shall become part of
the Franchise Area on the first day following the month such
annexation is completed by the City. Wi thin thirty (30) days after
a written request therefore by the City, Grantee shall provide City
with a written list of all current accounts in subsequently annexed
areas which list shall be incorporated into this Agreement as part
of Exhibit "A". City shall not actively solicit Grantee's account
within the Franchise Area or Future Annexed Areas, however such
accounts may discontinue Grantee service and contract for City
service at their option. Such accounts may not contract with any
other service provider and may not return to Grantee if such
service has been terminated for a period in excess of one hundred
eighty (180) days.
4. Services Provided by Grantee.
A. General.
Grantee shall make available to all customers requesting
the collection and transportation of recyclable materials and
compostable materials, and shall provide the collection,
transportation, and disposal of solid waste and construction debris
and temporary bin/rolloff services within the Franchise Area in
accordance with the terms of this Franchise Agreement.
B. Commercial. Industrial and Multi-Family Residential.
(1) Multi-Family Weekly Service.
Not less often than once per week, and more frequently if
required to handle the waste stream of the premises where the bins
are located, Grantee shall collect the solid waste (including bulky
i terns which have been placed in a closed bin) for multi-family
accounts.
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(2) Commercial and Industrial Weekly Service.
Not less often than once per week, and more frequently if
required to handle the waste stream of the premises where the bins
are located, Grantee shall collect the solid waste, (including
bulky items which have been placed in a closed bin) for commercial
and industrial accounts.
(3) Sinale Family Residential.
. Not less often than once per week, and more frequently if
required to handle the waste stream of the premises Grantee shall
collect the solid waste (except bulky items and household hazardous
waste) which have been placed, kept, or accumulated in containers
at single family detached residences within the Franchise Area and
placed at curbside prior to Grantee's normal weekly collection
time. All solid waste, compos tables , and recyclables must be
placed within containers curbside without obstructions so as to
permit collection, unless otherwise agreed upon by City and
Grantee. Grantee may negotiate special pickup procedures, above an
beyond the normal services described above, with customers for an
additional fee in an amount not to exceed ten (10%) of the City's
then existing rates for such service.
C. Temporary Bin/Rolloff Services.
Grantee shall provide temporary bin/rolloff services for
a period not to exceed ninety (90) days. For construction and
demolition projects Grantee may provide temporary bin/rolloff
services for a period not to exceed one hundred eighty (180) days,
provided however, that Grantee will notify City of such project
type and an estimate of the length of time services will be
provided to Grantee's customer. Such reporting shall be made with
and in accordance with section 13 below.
In regards to the time restrictions herein, Grantee may
request, and City may extend, the period of time for temporary
bin/rolloff services on a case-by-case basis, upon written
notification thereof.
D. Commercial,
Proarams.
Industrial,
and Residential Recyclina
The Grantee shall develop and present to the Director of
Public Services a recycling program to provide services to the
commercial, industrial, and residential customers within Grantee's
Franchise Area.
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(1) Sinale Familv Residential Recvclina Proarams.
Grantee agrees to offer to all single family residential
customers the same recyclable materials and compostable materials
that are collected or will be collected by the City of San
Bernardino's residential recycling program. Method of collection,
including type of vehicles and containers, frequency of collection
and methods of processing shall be at the discretion of the
Grantee.
(2) Commercial and Industrial Recvclina Proarams.
Grantee agrees to offer a
commercial and industrial customers
Grantee's Franchise Area.
recycling program to all
served by Grantee within
(3) TemDorarv Bin/Rolloff Recvclina Proarams.
Grantee agrees to offer a recycling program to all
temporary bin/rolloff service customers and accounts.
5. DisDosal of Solid Waste.
Grantee shall dispose of solid waste at a permitted landfill,
transfer station, recycling facility, materials recovery facility,
or other disposal, composting, or recycling facility which is
lawfully authorized to accept such solid waste, compostable
materials or recyclable materials. City shall reserve the right to
direct Grantee to the use of certain disposal, recycling or
composting facilities within the County of San Bernardino; provided
however that Grantee shall not bear costs greater than ten percent
(10%) of its then existing disposal related fees as a result of
City's direction. Grantee shall reserve the right to transport
such solid waste, compostable materials or recyclable materials to
disposal, recycling and composting facilities owned, operated and
controlled by Grantee.
6. Recvclina.
A.
available
Agreement.
Grantee shall ensure that recycling programs are made
for all of its customers served by this Franchise
B. Where Grantee's customers request recycling services of
Grantee, recyclable materials shall be collected at a minimum of
twice per month.
C. Grantee shall, at intervals of no greater than annually
provide educational and informational literature to its customers
describing the recycling services to be provided, the materials to
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1999-212
be recycled, instructions on how to participate and provide the
Grantee's phone number.
D. Grantee shall provide copies of all educational and
informational materials required under this section to the City for
approval prior to distribution of material to Grantee's
customers.
7. Franchise Fees.
A. Beginning on the first day of the month following the
Effective Date of this Franchise Agreement and continuing for a
period of two years ("Initial Fee Term"), a Franchise Fee of ten
percent ( 10%) of the Grantee's Gross Revenues collected from
services provided to residential, commercial, industrial and
temporary bin consumers, in the Franchise Area shall be payable by
Grantee to City within twenty (20) days after the close of each
month.
B. After expiration of the Initial Fee Term and continuing
thereafter throughout the term of this Franchise Agreement, a
Franchise Fee of eleven percent (11%) of the Grantee's Gross
Revenues collected from services provided to residential,
commercial, industrial and temporary bin consumers, in the
Franchise Area shall be payable by Grantee to City within twenty
(20) days after the close of each month.
8. Term. Extensions.
This Franchise Agreement shall continue for a period of
eight (8) years from the Effective Date. At the end of each year
of this Franchise Agreement commencing on the Effective Date, and
annually thereafter, the term of this Agreement shall be extended
for an additional one year, unless within thirty (30) days prior
thereto either the City or the Grantee gives written notice of non-
renewal to the other party. In the event such a notice of non-
renewal is given at any such anniversary date, there shall be eight
(8) years remaining on the term of this Agreement and such eight
(8) year period may not be reduced for any reason except
termination for default.
9. Compensation.
A. Residential Rates.
Grantee shall provide the services described in this
Franchise Agreement to residential consumers at a rate of no less
than the minimum rates fixed by the City from time to time and at
a rate no greater than the minimum rates fixed by the City from
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time to time plus the Franchise Fee.
B. Commercial and Industrial Rates.
Grantee shall provide the services described in this
Franchise Agreement to commercial and industrial consumers at a
rate of no less than the minimum rates fixed by the City from time
to time. There shall be no prohibition on the maximum rate charged
by Grantee to commercial consumers.
C. Temporary Bin Rates.
Grantee shall provide the services described in this
Franchise Agreement to temporary bin consumers at a rate of no less
than the minimum rates fixed by the City from time to time. There
shall be no prohibition on the maximum rate charged by Grantee to
temporary bin consumers.
D. Notice of Rate Chanaes.
The City shall notify Grantee of all rate changes in
residential and commercial rates charged to its consumers within
twenty (20) days of such change.
E. Notice to City: Recyclina Fees.
Nothing in this Franchise Agreement shall preclude
Grantee from assessing reasonable fees for providing recycling
services to its commercial, industrial and residential customers,
to be effective after thirty (30) days written notice to the City.
10. Franchise Transferrable: City Consent Reauired.
Grantee shall not transfer, sell or assign the franchise
granted by this Franchise Agreement except with the express prior
wri tten consent of the City, which shall not unreasonably be
withheld. For the purposes of this Franchise Agreement a transfer
shall include the sale of over fifty percent (50%) of the stock of
the corporation, or a number of sales that over time and in the
aggregate exceed fifty percent (50%), provided however that a sale
or transfer to family members, or the estate, of the current owners
of Grantee shall not be restricted by this Franchise Agreement.
Family members are those individuals who are related by blood,
marriage or adoption.
11. Franchise Transfer - Fees.
Any application for a franchise transfer shall be made in a
manner determined by the City. The applicant shall reimburse the
City for all administrative costs of such application and transfer.
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Bills for such transfer fee shall be supported with evidence of the
expense or cost incurred. The applicant shall pay such bills
within thirty (30) days of receipt.
12. Privacy.
A. Grantee shall strictly observe and protect the rights of
privacy of customers. Information identifying individual customers
or the composition or contents of a customer's waste stream shall
not be revealed to any person, governmental unit, private agency,
or company, unless upon the authority of a court of law, by
statute, or upon valid authorization of the customer. This
provision shall not be construed to preclude Grantee from
preparing, participating in, or assisting in the preparation of
waste characterization studies or waste stream analyses which may
be required by AS 939.
B. Grantee shall not market or distribute, outside the
normal course of its business, mailing lists with the names and
addresses of customers.
C.
shall be
pursuant
The rights accorded customers pursuant to this Section
in addition to any other privacy right accorded customers
to Federal or State Law.
13. Reports.
A. Wi thin twenty (20) days after the end of each of
Grantee's calendar months, Grantee shall submit a written report to
the City's Director of Public Services, in a format provided by the
Director, including the following information:
( 1 ) Gross revenues collected by Grantee for services provided
in the Franchise Area;
(2) Franchise Fees payable to City;
(3) Total tonnage of solid waste collected in Franchise Area;
(4) Total number of commercial, residential and industrial
accounts in the Franchise Area; and
( 5) Total tonnage of solid waste recycled identified by
residential, commercial, and industrial materials collected;
(6) Tonnage delivered by Grantee to each permitted landfill,
transfer station, recycling facility, materials recovery
facility, end market or other disposal, composting or
recycling facility;
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1999-212
( 7 ) A list of Grantee's collection truck numbers which
operated within the City, the route each collection truck was
assigned to each day during the month, and a map of each route
identifying the specific geographical areas served by that
route.
B. Wi thin three (3) City working days after the placement of
a Temporary Bin by Grantee, Grantee will notify City's designated
contact position as to the date, size and location of such
temporary. bin.
C. An annual report, in a form satisfactory to the City, on
the Grantee's progress in meeting and maintaining its ability to
meet its goals under AB 939, along with any recommended changes.
14. Liabilitv Insurance Coveraqe.
Grantee agrees to procure and maintain in force during the
term of this Agreement and any extension thereof, at its expense,
public liability insurance adequate to protect against liability
for damage claims through public use of or arising out of accidents
occurring from said services, in a minimum amount of $5,000,000
combined single limits for bodily injury and property damage. Such
insurance policies shall provide coverage for City's contingent
liabili ty on such claims or losses. City, its officers, agents and
employees shall be named as an additional insured. A certificate
of insurance shall be delivered to City's Risk Management Division.
Grantee agrees to obtain a written obligation from the insurers to
notify City in writing at least thirty (30) days prior to
cancellation or refusal to renew any such policies.
15. Workers' Compensation Insurance.
Grantee shall obtain and maintain in full force and effect
throughout the entire term of this Franchise Agreement full
workers' compensation insurance in accord with the provisions and
requirements of the Labor Code of the State of California.
Endorsements that implement the required coverage shall be filed
and maintained with the City throughout the term of this Franchise
Agreement. The policy providing coverage shall be amended to
provide that the insurance shall not be suspended, voided,
canceled, reduced in coverage or in limits except after thirty (30)
days' prior written notice has been given to City. The policy
shall also be amended to waive all rights of subrogation against
the City, its elected or appointed officials, employees, agents, or
Grantees for losses which arise from work performed by the named
insured for the City.
- 10 -
15'/3 7
,
1999-212
16.
Hold Harmless.
Grantee agrees to defend, indemnify, save and hold City, its
officers, agents and employees harmless from any liability for any
claims, or suits at law or in equity, or in any administrative
proceeding, that may be brought by third persons on account of
personal injury, death, or damage to property, or a property of
business or personal interest, or for fines, forfeiture or civil
penalties arising from any act or omission by Grantee its officers,
agents or employees while performing operations under this
Agreement; provided however, City shall provide Grantee with notice
as herein set forth and shall provide Grantee with the opportunity
to defend Grantee from any such liability. The City shall notify
Grantee, in writing, within fifteen days of City's knowledge, or
when City should have known, of such claims, accusations, or suits
at law or in equity, or in any administrative proceeding.
17. Collection and EQUiDment.
A. Grantee shall provide an adequate number of vehicles and
equipment for collection, transportation, recycling, and disposal
of solid waste for which it is responsible under this Franchise
Agreement.
(1) All vehicles used by Grantee under this Franchise
Agreement shall be registered with the Department of Motor Vehicles
of the State of California, shall be kept clean and in good repair.
(2) Solid waste collection vehicles shall be washed at least
once every seven (7) calendar days.
(3) "Curran's Rubbish Disposal", a local or toll free
telephone number, and vehicle number shall be visibly displayed on
all vehicles in letters and figures no less than five inches (5")
high to provide customers with access to Grantee to alert Grantee
of problems or concerns with customers waste collection service.
18. Public Access to Grantee.
A. Office Hours.
Grantee's office hours shall be, at a m1n1mum, from 8:00
a.m. to 5:00 p.m. daily, on all collection days. A representative
of Grantee shall be available during office hours for communication
with the public at Grantee's principal office. In the event that
normal business cannot be rectified over the telephone, a
representative of Grantee shall agree to meet with the public at a
location agreeable to Grantee and the public during normal office
hours. The office telephone number(s) shall either be a local or
toll free call. Grantee shall also maintain a local or toll free
- 11 -
is --/3t
1999-212
.. .
after hours telephone number for use during other than normal
business hours. Grantee shall have a representative or answering
system or device available at said after-hours telephone number
during all hours other than normal office hours.
S. Service Complaints.
(1) All customer complaints shall be directed to
Grantee. Grantee shall record all complaints received by mail, by
telephone, or in person (including date, name, address of
complainant, and nature of complaint). Grantee agrees to use its
best efforts to resolve all complaints by close of business of the
next business day following the date on which such complaint is
recei ved. Service complaints may be investigated by the City.
Unless a settlement satisfactory to complainant, the Grantee, and
the City is reached, the complainant may refer the matter to the
City for review.
(2) Grantee shall maintain records listing the date of
consumer complaints, the customer, describing the nature of the
complaint or request, and when and what action was taken by the
Grantee to resolve the complaint. All such records shall be
maintained and shall be available for inspection by City.
C. Government Liaison Person.
The Grantee shall designate a "government liaison person"
who shall be responsible for working with a City chosen designee to
resolve consumer complaints. The cost of designating a government
liaison person by the Grantee shall be borne by the Grantee.
19. Household Hazardous Waste.
Grantee agrees to notify it customers within the Franchise
Area, of City's Household Hazardous Waste programs as identified in
the City's Household Hazardous Waste Element prepared by the City
as required by AS 939, and other City or County sponsored programs
as may be offered from time to time.
- 12 -
15=H9.
1999-212
.. .
20. General Provisions.
A. Amendments.
This Franchise Agreement may be amended or modified only
by written agreement signed by both parties. Failure on the part
of either party to enforce any provision of this Franchise
Agreement shall not be construed as a continuous waiver of the
right to compel enforcement of such provision or provisions, nor
shall such waiver be construed as a release of any surety from its
obligations under this Franchise Agreement.
B. Attornev's Fees.
Should any party violate or breach any term or condition
of this Agreement, any other party shall have, without limitation,
the right to move for entry of judgment by a court of competent
jurisdiction, to seek specific performance thereof, and otherwise
exercise all remedies available to he, she or it under the law to
obtain redress from inj ury or damage resulting from any such
violation or breach. In any such legal proceeding(s) brought to
enforce the terms and conditions of this Agreement, the prevailing
party shall be entitled to recover its reasonable attorneys' fees
and costs incurred as a consequence hereof. Reasonable attorneys'
fees shall include those of the City Attorney's office.
C. Compliance with Applicable Law.
The Parties agree that they will comply with all
applicable federal, state, county or municipal statues, ordinances,
rules, regulations and enactments which are currently in effect or
which may be adopted hereafter.
D. Compliance with Franchise Aqreement.
Grantee shall comply with ordinances, resolutions or
regulations enacted by the City of San Bernardino which are
applicable and with any and all amendments to such applicable
provisions during the term of this Franchise Agreement.
E. Counterparts.
This document may be executed in one or more separate
counterparts, each of which, when so executed, shall be deemed to
be an original. Such counterparts shall, together, constitute and
shall be one and the same instrument.
F. Entire Aqreement.
There are no
herein expressly stated.
understandings or agreements except as
Any modifications must be in writing.
- 13 -
,-
f5''i3t.
1999-212
G. Exhibit Incorporated.
Exhibi t "A" is attached to and incorporated into this
Franchise Agreement by reference.
H. Force Maieure.
Grantee shall not be in default under this Franchise
Agreement in the event that the temporary bin/rolloff services and
the collection, transportation, and disposal of solid waste and
construction debris provided by the Grantee are temporarily
interrupted or discontinued for any of the following reasons:
riots, wars, sabotage, civil disturbances, insurrection, explosion,
natural disasters such as floods, earthquakes, landslides, and
fires, and other labor disturbances or other catastrophic events
which are beyond the reasonable control of Grantee. Other
catastrophic events do not include the financial inability of the
Grantee to perform or failure of the Grantee to obtain any
necessary permits or licenses from other governmental agencies or
the right to use the facilities of any public utility where such
failure is due solely to the acts or omissions of Grantee.
I. Gratuities.
Grantee shall not, nor shall it permit any agent,
employee, or subgrantee employed by it to, request, solicit,
demand, or accept, either directly or indirectly, any gratuity for
temporary bin/rolloff services and the collection, transportation,
and disposal of solid waste and construction debris otherwise
required under this Franchise Agreement.
J. Independent Contractor.
Grantee is an independent contractor and not an officer,
agent, servant, or employee of City. Grantee is solely responsible
for the acts and omissions of its officers, agents, employees,
Grantees, and subgrantees, if any. Nothing in this Franchise
Agreement shall be construed as creating a partnership or joint
venture between City and Grantee. Neither Grantee nor its
officers, employees, agents, or subgrantees shall obtain any rights
to retirement or other benefits which accrue to City employees.
K. Law to Govern: Venue.
The law of the State of California shall govern this
Franchise Agreement. In the event of li tigation between the
parties, venue in state trial courts shall lie exclusively in the
County of San Bernardino. In the event of litigation in a u.S.
District Court, exclusive venue shall lie in the Central District
of California.
- 14 -
f ~-/3t
1999-212
L.
Notices.
delivered
addressed
All notices herein required shall be in writing and
in person or sent by certified mail, postage prepaid,
as follows:
"City"
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
"Grantee"
Curran's Rubbsih Disposal, Inc.
380 West Oak Street
P. O. Box 141
San Bernardino, CA 92402
Nothing in this paragraph shall be construed to prevent
the giving of notice by personal service.
M. Riqht to Audit.
Upon fifteen (15) days notice, the City shall have the
right to audit the records of Grantee relevant to this Franchise
Agreement. The audit shall be performed on Grantee's premises,
during normal business hours, and at the City's expense.
N. Validi tv.
If any terms, condition, provision, or covenant of this
Franchise Agreement shall to any extent be judged invalid,
unenforceable, void, or voidable for any reason whatsoever by a
court of competent jurisdiction, each and all remaining terms,
condi tions, promises and covenants of this Franchise Agreement
shall be affected and shall be valid and enforceable to the fullest
extent permitted by law.
- 15 -
95-139
1999-212
,.
WITNESS the execution of this Agreement of the day and year
written above.
CITY OF SAN BERNARDINO
By:
~JUA
T MINO
Mayor
ATTEST:
~~
'RACH CLARK
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
James F. Penman,
City Attorney
~~/
GRANTEE
"-\i' ;
~~~~f~~akian, President
.)urran's Rubbish Disposal,
Inc.
- 16 -
~5--13f
J5'-22-1995
1999-212
CURRAN'S RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
Page:
.
1
EXHIBIT "A"
FRANCHISE AREA - GRANDFATHER ACCOUNTS
3e.rvice Addr-ess
~==,====="======="=='''''=='''==''''='''=''''''='''''===,=,"===="=,=",,.==~~2~~~=Jtg~l1,TJg=~+;,:====,,=,,===,,,= .
I~emar":.s
AcctM Customer Name
=======:::::::========::-.:===:::::=::=====::::::::::::::::===::::::::::::::::::::::::::::::::::::::::::::::===========::::::::====::::::::====::::=======::::==
530 W. 10TH
:>43 W. 10TH
2198 E. 19TH
3455 E. 21ST
1006 E. 2ND ST.
,.135 E. 2ND ST.
1187 E. 21~D ST.
339 E. 2ND ST.
24803 31~D
_121 E. 3RD ST.
1133 E. 3RD ST.
~372 E. 3Fm ST.
2414 E. 31~D ST.
-;}35 E. 3F,D ST..
371 E. 3RD ST.
..70 E. 40TH
29~~ E. 40TH
''\34 W. 40TH
255 E. 5TH
280 E. 5TH
303 W. 5TH
?~'5 E.. 9TH
765 E. 9TH
;44 E. 9TH
...61 W. 9TH
;07 W. 9TH
l091 ACACIA
2208 ARDE~I
: 280 S. ARI~I]WHEAD
.164 E. BASELINE
l180 E. BASELINE
1198 E. BASELINE
1375 E. BASELINE
1375 E. BASELINE
1441 E. BASELINE
,48 E. BASELINE
.,499 E. BASELINE
_538 E. BASELINE
296 E. BASELII~E
735 E. BASELINE
1097 W. BASELINE
.121 W. BASELINE
12766
12767
15364
12914
12~,63
20411
12965
12962
12826
12827
12828
12770
12823
12824
12825
187'7'7
128'?4
12B9~l
12404
12403
13035
12522
12524
13038
12520
18382
12210
13014
12211
17493
12227
12228
12229
13015
21086
12214
12231
12232
12216
21001
12240
12226
CITY TOWING
NELSON'S AUTOMOTIVE
I~AI'10N COI~TEZ
AUGUST GROE~IKE
FUI~G".I'IAI~ SOO LEE
TOM REESE
OLIVEI~ WILBURN
TCWI REESE
SHADY I~OOI< TRAILER PAI~K
LEE CF(AWFOFW
JESSIE cT. COLLINS
LURA LU~IDQUIST
STOUTS MOBILE CENTER
PHILS DRIVE-IN
TI~AILS END
BOr-ID AUTO PARTS
CHEVI~OI~ U.S.A. #1804
CAROLE'S AUTO REPAIR
B & K TEX,"CO
RIVERSIDE BLUEPRINT
JL MANAGEMENT CO.
"',POLLO STEEL I~IC.
CI_IFF LANGLEY
LAIDLAW TRANSIT INC.
CI::NTI~AL CITY AUTOMOTIVE
EXPRESS GAS & SMOG
BI()I~IC AUTO BODY
BAI<ERS BURGEF(S INC. #103
I-IEMO & JACK'S
E & L GENERAL
PAY1~ES CORI~EI~
U-HAUL CENTER SAN BERNARDINO "~~
PEPPER TI~EE FOODS
SCACD DAY & NIGHT DISTRIBUTORS
SUSA PARTNERSHIP LP-SB
S & S AUTOMOTIVE
CALVAI~Y CHAPEL
PRESTIGE EXTERMINATORS
BASELHjE SERVICE CENTER
LORTON'S FRESH SQUEEZE JUICES
F'HOTOGRAMMETRIC SERVICES
MAFnl-lA ARELLANO
.ff~
5-22-1995
1999-212
CURRAN'S RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
.
Page:
.
..,
~
er-vi ce Add I'"ess
-==========::::=::::======::::::::::::::::::;:::===::-..:==::::::::=======::::=:==:.:=====::::::::==::::======::::===:.":;::::==::::::::::::::::::::::::==::::=====
Remarks
Acct>> Customer ~Io,me
======================:::::====::::::-..:==::::=====::::=========:::::::======::========::::====::::===========
)7 W. BASELI~IE
21 W. BASELINE
94 W. BASELINE
.005 BENEDICT
178 BENEDICT
359 CABI~EI~A ST.
398 CANYON RD.
"156 CAI'-lYON I~D.
59 E. CENTRAL AVE.
04 CLEVEI'-lGER
195 CLUB CENTER DF(.
735 DEL ROSA AVE.
3~) N. E ST.
1913 S. EST.
-'+0 S. E ST.
)62 GEORGIA Bi_VD.
,,0 GIFFOfW
,,5 GIFFOI~D
75 GIFFOFW
75 GIFFOI~D
30 GIFFORD
35 GIFFOI~D
:16 GIFFOF(D
"0 GIFFOI~D
"1 GIFFORD
30 S. H ST.
::22 HARDT ST.
330 HARDT ST.
.48 E. HIG~LAND AVE
)07 E. HIGHLAND AVE
:,88 E. HIGHLAND AVE
534 W. HIGHLAND AVE
795 W. HIGHLAND AVE
'37 W. HIGHLAND AVE
305 W. HIGHLAND AVE
350 W. HIGHLAND AVE
~OO W. HIGHLAND AVE
~OO W. HIGHLAI'-lD AVE
"8 W. HIGHLAND AVE
"17 W. HIGHLAND AVE
)8 W. HIGHLAND AVE
)31 HOPE ST
12219
12222
12220
19019
12269
15537
12333
12276
12277
12350
17209
12416
12410
13266
17920
1~3036
13026
13027
13029
13030
13034
13031
12427
13020
130;:")2
12436
12438
14100
12449
13037
12899
1?450
12451
12456
12481
124~S8
13017
16849
12448
12446
12447
12460
CITY CLEANERS
EWAP-LIB.5
NATIONAL AUTO GLASS
CH.'\RLES BEI~TI~AUX
NEUGEBAUER & ASSOCIATES
BI~ADEN' S AUTOMOTIVE
MICHAEL FLOF(EY
c1,"CI< CLARKSON
ST. MARKS BAPTIST CHURCH
ROSA C,'\STII_LO
POI~TUGAL & NEAL
DEL ROSA UNICAL 76
E ST. MOTORS
OI~AI'-lGE SHOW CHEVI~ON
CALIFOF~NIA SOUND SYSTE~IS
J & V FOAM ~~ODUCTS INC.
GIFFORD INDUSTRIAL PARK
GIFFOI~D II'-lDUSTI~IAL F'AI~K
GIFFORD INDUSTRIAL PARK
GIFFOI~D INDUSTIUAL PARK
I~~AC INTERNATIONAL
GIFFORD INDUSTRIAL PARK
F'f;:ECISIO~1 HER~IETIC TECH~IOLOGY
GIFFORD INDUSTRIAL PARK
GIFFORD INDUSTRIAL PARK
COLTON TRUCK & SU~~LY. INC.
ESTHER KATRIB
I~OCHELLE PIKE
HIGHLAND VIDEO
KEI'-lTUCKY FI~IED CHICKEN ItX610-147
HIGHLAND ~IOBIL SERVICE
TRAIL-R-TOWN
WEST HIGHLAND DOG & CAT HOSPITAL
c1,"C~lUELII'-l OFFUTT
DANNY'S TOWING
INDUSTRIAL AS~~ALT
CAL Mi>.T
CITY CO~ICI~ETE PI~ODUCTS. INC.
D?~SH AUTO PARTS
JIM'S MOBILE SERVICE STATION
U-SAV-MOR STORES
,,,. WEBB
-"--'-'-'''------'-'---
-._.__._.___.__M____._
---.-.-----------
. Y:,5-/31
:)5-22-1995
1999-212
CURRAN'S RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
.
Page: 3
3ervice Address
========~============:===========================================================
Remark.s
Acct" Customer Name
...---------.-......~--_..-._.-.-.---.-..-....----.---..----.----.-.-----..______w____________________________________
--------------------...--------------------------------------------------------------------
345 1'1. I ST.
:030 KENDALL
316 LANKEI':SHH1
:.18:':' LEE ST.
1249 LEE ST..
~35 LE~IA fW
705 S. UJGO
~372 L.YNWOOD DR.
59~) E. MIU_ ST. #A
,,2:1. E. MILL. ST.
527 E. MILL ST.
.::6~\ W. MIL.L ST.
_897 N. I~T VEI':I'iON
0.9 ~\ NORMf''''i RD.
-66-976 OLIVE
~5 ORANGE SHOW RD
245 E. REDLANDS BLVD.
~59 E. REDLANDS BLVD.
~95 E. REDLANDS BLVD..
405 W. RIALTO AVE.
410 l':ICHAI':DSOI'i
18~\ F,OSEWOOD LN.
.284 ROSEWOOD LN.
769 SAN BERNARDINO AVE
775 N.. SIERRA WAY
53 S. SIERRA WAY
378 STI~I':I._ING
22 SUNNYSIDE
.75 SUNNYSIDE
444 S. TIPPECANOE
945 S. TI~~ECANOE
973 S. TIPPECANOE
475 VICTOI':IA
:S05 VICTORIA
695 VICTO!':IA
:;>45 VICTORIA
144 S. WASHINGTON
95 N. WATEF,MAN
)4 N. WA TEI':I~AN
49 N. WATER~IAN
n N. WATERMAN
:95 S. WATERMAN
12463
12900
124.73
12474
1~~475
12476
12478
12901
1823(;>
12513
12514
12511.
12!..;18
12572
12~5(~6
:LL~~:147
14360
12948
13012
12950
12<;>53
129:::'6
129~57
129~:.9
129:1.1
12875
12912
12324
1:3010
16178
12850
12851
12841
13020
12858
14159
12861
13023
12864
12866
12869
15872
HOLCOMB PUBLISHING CO.
MET TEXP,CO STATION
cIES~3 STOUT
Gf(EGOF(Y SUELZLE
EVEL YI'i MEI':I':YMAN
nnNITY FULL GOSPEL CHURCH
INTEI':STATE BATTEI':Y
SA~I BERI'IARDINO COMMUNITY CHUF,CH
MILL STI':EET AUTO BODY
LEO~IAF,D BECKER
cIII~BOS AUTO WRECKING
IDEALEASE
SIMON EQUIPI~ENT RENTAL
EF,~IA GLADDE~I
JOE G. GUTIERREZ
OF,AI'JGE SHOW SHELL
1:'OI,:TUGAL & NEAL
PORTUGAL & NEAL
BAKERS BURGERS INC. #109
A~IENDT OIL CO.
CAI'iAI~ WOOD PI':ODUCTS
HOME STYLE CAFE
NAGI 1,:,"'tZZOUK
L.IBf(ADO MAFnINEZ
I_E I':ENDEZ--VOUS
T-AUTO
S,;r4 BI~RNAI':DINO UNICAL
EUS,EBIO GAF,CIA
clOSE OCAMPO
ABC SUPPLY CO.
THI':IFTY OIL CO. #345
SHELL SERVICE
SUPER SHOPS
TODD'S MAF,KET
LEE-BOY CO.
DON ST. JEAN
I~ATI'US DrWIS
CIf(CLE K STOF,E INC.
AUTOMART RADIATOR
SUPER BURRITO
WATEI':MAN AUTO DISMANTALING
VALLEY GAS
-.---------.-----
--------------
---------..-----
--------------
-.-.------------
--------------
----.-----.------
---------------
---------------
----------------
--.-.-------.-----
--.------------
-----.-.--------
--.--.-.----------
-.--.--..------.---
--------------
----.----.--..----
-.---.----------
---.-----------
---------.-----
----.-----------
-----....-----.-......-----.-
---------------
-------.-------
------------.--
05-22-1995
..
~ 15-/3f
/
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.
CURRAN'S RUBBISH DISPOSAL
Page:
4
ACTIVE CUSTOMER LIST
---------------------.-.----.---.-.----.....--.-----.-.-----..-------------------------.----.----.----
-------.----------------------------------------------------------------------------
Set"'vice Addr-ess
Acctlt
Customer Name
Rema r k.s
-------------------.--------------.------------------------------------------------
-------------------------------------------------------------------------------.--
705 S. WATERMAN
12870
RANCHEF: 'S FEED & SUPPLY
. f'F-/3f
. ,
1999-212
EXllIBlT "A"
FRANcmSE AREA - GRANDFATHER ACCOUNTS
ACCOUNTS LOCATED AT:
i
RES 96-174
96-174
1999-212
..
.
1
FIRST AMENDMENT TO FRANCHISE AGREEMENT
2 THIS FIRST AMENDMENT TO FRANCHISE AGREEMENT made and entered into this
3 !1fLday of r 1996, by and between the CITY OF SAN BERNARDINO, a charter
4 city of the State of California ("the City") and Curran's Rubbish Disposal, Inc., a California
5 corporation ("Grantee");
6 WIINES,S,J;;IH:
7 WHEREAS, the parties entered into that certain Franchise Agreement dated May 25, 1995,
8 for the collection, transportation, and disposal of solid waste and construction debris and for
9 providing temporary bin/rolloff services ("the Franchise Agreement"), and
10 WHEREAS, Subsections A and F of Section 20 of said Agreement provided that
11 amendments and modifications could only be in writing, and
12 WHEREAS, the parties desire now to amend said agreement in order to specify, define and
13 clarify certain portions of said Agreement,
14 NOW, THEREFORE, the parties hereto agree as follows:
15 1. Subsection I of Section 2 of said Franchise Agreement is hereby amended to read as
16 follows:
17
18
19
20
21
2.
22
23
24
25
26
27
28
"1. Temporary Bins.
'Temporary Bins' shall mean all bins which are placed by Grantee upon
user's request at a location within the City limits for a period not to exceed
ninety (90) or one hundred eighty (180) days, as provided in Section 4.C of
this Agreement. Said period must be separated by a minimum lapse of thirty
(30) days prior to renewal of 'Temporary Bin' status for any service rendered
by Grantee at said location."
Section 3 of said Franchise Agreement is hereby amended to read as follows:
"3. Franchise Area: Grandfathered Accounts.
The Franchise Area granted by this Franchise A~reement shall be all
residential, commercial, and industrial accounts Within the City of San
Bernardino; provided however, that such Franchise Area shall be limited to
those regular accounts 'grandfathered' by the City which were acquired by
the Grantee prior to January I, 1994, and as are set forth on Exhibit' A .
Temporary accounts shall not be limited to the grandfathered accounts and
may be acquired by Grantee from time to time. Grantee's accounts in
geographical areas not currently within the City of San Bernardino but which
are annexed by the City after the effective date shall become part of the
Franchise Area on the first day following the month such annexation is
DAB/Ibm [Jacks.Agr]
I
RES 96-174
1999-212
completed by the City. Within thirty (30) days after a written request therefor
by the City, Grantee shall provide City with a written list of customer names
and service addresses for all current accounts in subsequently armexed areas
which list shall be incorporated into this A?reement as part of Exhibit' A' .
City shall not intentionally solicit Grantee s accounts within the Franchise
Area or Future Annexed Areas, however such accounts may discontinue
Grantee service and contract for City service at their option. Such accounts
may not contract with any other service provider. In the event that a
customer elects to contract with the City for the services contemplated herein,
and Grantee's services are discontinued for a period in excess of one (1) year,
said account may not return to Grantee. In the event a customer of Grantee
listed on Exhibit' A' moves to a location where the City provides the services
which are the subject matter of this Franchise Agreement, the Grantee will
no longer be rermitted to provide such service to said customer. However,
Grantee shal be permitted to continue to provide service to any new
customer opening and/or assuming the account for the original location,
unless the location is vacant for a period of one (1) year or more, in which
case the right of Grantee to provide such service IS terminated."
Subsection A of Section 6 of said Franchise Agreement is hereby amended to read as
17
18
19
20
"A. Grantee shall ensure that recycling I?rograms are made available for
all of its customers served by this Franchise Agreement. Said recycling
programs shall be subject to the approval of the City's Public Services
Director. However, saId approval shall not be unreasonably withheld, nor
shall the City or its Public Services Director impose conditions upon Grantee
which are greater than those included in any applicable recychng program
adopted by the City, or more onerous than those diversion goals required by
AB 939, or any applicable subsequent state or federal legislation."
4. Subsection C is hereby added to Section 7 of said Franchise Agreement to read as follows:
"C. Any of the Franchise Fees not paid to the City within thirty (30) days
after the close of each month shall become delinquent and shall thereafter
accrue interest at ten percent (10%) per armum, but shall not exceed the legal
rate. The City shall cause written notice of such delinquency to be mailed or
delivered to Grantee. Any Franchise Fees which are delinquent for more than
thirty (30) days after the date of said notice may constitute a material breach
of this Franchise Agreement pursuant to Subsection 0 of Section 20 hereof
if the City so elects."
Subsection D is hereby added to Section 13 of said Franchise Agreement to read as
"D. Grantee's tonnage report as required by this Franchise Agreement
should be substantially consistent with the tonnage attributed to Grantee as
reported by the County of San Bernardino and/or any other county. In the
event of a five percent (5%) or more discrepancy in the amount of tonnage
attributed to Grantee in the respective reports generated by Grantee and any
county, the City shall cause written notice of such discrepancy to be mailed
or delivered to Grantee and Grantee shall be given an opportunity to resolve
the discrepancy and/or submit to the county a copy of the tonnage report filed
DAB/tbm [Jacks.Agr]
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RES 96-1.74
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1999-212
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by Grantee with the City. Failure of the Grantee to do so within thirty (30)
days of the date of said notice may constitute a material breach of this
Franchise Agreement pursuant to Subsection 0 of Section 20 hereof if the
City so elects."
6. Subsection M of Section 20 of said Franchise Agreement is amended to read as follows:
"M. Ri~ht to Audit.
Upon fifteen (15) days written notice, the City shall have the right to audit the
6 records of Grantee relevant to this Franchise Agreement. The audit shall be
performed on Grantee's premises, during normal business hours, and at the
7 City's expense."
8 7. Subsection 0 is hereby added to Section 20 of said Franchise Agreement to read as
9 follows:
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19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
"0. Breach of Contract.
In the event either party to this Franchise Aweement elects to declare a
material breach thereof by the other party, wntten notice of the purported
breach shall be mailed or personally delivered by the party declaring the
breach to the other party. Said party shall have thirty (30) calendar days from
receipt of notice, including the date of receipt, in which to cure, remedy, or
commence to cure or remedy the breach to the reasonable satisfaction of the
other party. If the purported breach is not cured or remedied within said
thirty (30) day period to the reasonable satisfaction of the party declarin~ the
breach, or if the breach is such that it carmot be cured or remedied WIthin
such period, then if the party has not taken substantial steps to commence to
cure or remedy the breach, to the reasonable satisfaction of the other party,
then the injured party may seek redress pursuant to Subsection B of Section
20 of this Franchise Agreement."
8. Except as amended herein, said Franchise Agreement shall remain in full force and effect.
DAB/Ibm [Jacks.Agr]
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RES 96-l7'4
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1999-212
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1 First Amendment, Curran's Rubbish Disposal, Inc. Franchise Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Franchise Agreement on the day and date first above shown.
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CURRAN'S RUBBISH DISPOSAL, INC.
"GRANTEE"
CITY OF SAN BERNARDINO
B~ UI~
Tom Mmor, ayor -
ATTEST:
15 Bya~ ~
16 RACHEL CLARK, City Clerk
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APPROVED AS TO FORM
18 AND LEGAL CONTENT:
19 JAMES F. PENMAN
20 City Attorney
21 ~~ )
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