HomeMy WebLinkAbout1996-175
RESOLUTION NO. 96-175
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND JACK'S DISPOSAL, INC., RELATING TO REFUSE DISPOSAL
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City an amendment to an agreement with Jack's Disposal, Inc.,
relating to refuse disposal in the City of San Bernardino.
SECTION 2. The authorization to execute the above referenced amendment to the
agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of
the passage of this resolution.
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May 30, 1996
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RES 96-175
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND JACK'S DISPOSAL, INC., RELATING TO REFUSE DISPOSAL
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the
l7th day of
June
, 1995, by the following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN ABSENT
NEGRETE
x
CURLIN
x
ARIAS
x
OBERHELMAN
x
DEVLIN
x
ANDERSON
x
MILLER
x
~ ~'-"'--IL
City Clerk.
June
The foregoing resolution is hereby approved this ti!!...day of
, 1996.
------- J1
/ <('''YZ ! 1 it tc~
, TOM MINOR, Mayor
City of San Bernardino
Approved as to form and
legal content:
James F. Penman,
City Attorney
May 30, 1996
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RES 96-175
96-175
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FIRST AMENDMENT TO FRANCHISE AGREEMENT
2 THIS FIRST AMENDMENT TO FRANCHISE AGREEMENT made and entered into this
3 ! 1fl. day of }~ 1996, by and between the CITY OF SAN BERNARDINO, a charter
4 city of the State of California ("the City") and Jack's Disposal, Inc., a California corporation
5 ("Grantee");
6 WIINESSEIH:
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 I. Subsection I of Section 2 of said Franchise Agreement is hereby amended to read as
16 follows:
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"1. Temporarv 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 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
the Grantee prior to January 1, 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
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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 annexed areas
which list shall be incorporated into this Agreement 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 yermitted 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
"A. Grantee shall ensure that recycling programs 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 u'pon Grantee
which are greater than those included in any applicable recyclmg 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 annum, 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
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RES 96-175
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by Grantee with the City. Failure ofthe 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. Right 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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"0. Breach of Contract.
In the event either party to this Franchise Agreement elects to declare a
material breach thereof by the other party, written 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 declarins the
breach, or if the breach is such that it cannot 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.
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RES 96-175
1 First Amendment, Jack's 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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JACK'S DISPOSAL, INC.
"GRANTEE"
DyJij~
ep 1\ vaklan, President
CITY OF SAN BERNARDINO
~l }/(({1J^
Tom Mmor, Mayor
ATTEST:
15 BY~~~
16 RA. mCCLARK, City Clerk
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APPROVED AS TO FORM
18 AND LEGAL CONTENT:
19 JAMES F. PENMAN
20 City Attorney
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