HomeMy WebLinkAbout1995-139
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RESOLUTION NO. 95-139
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CURRAN'S
RUBBISH DISPOSAL, INC., RELATING TO REFUSE DISPOSAL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City an agreement with Curran's Rubbish Disposal, Inc., relating to
refuse disposal in the City of San Bernardino.
SECTION 2. The authorization to execute the above referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was du1y adopted by the Mayor and
14 Common Council of the City of San Bernardino at a regular
meeting thereof, held on
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, 1995, by the following vote, to wit:
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Councilmembers AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLUM x
MILLER x
April 14, 1995
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FRANCHISE
AGREEMENT WITH CURRAN'S RUBBISH DISPOSAL, INC.
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May
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The foregoing resolution is herebY" approved this 'yvl day of .J - T -- (]
,1995. ----;-- ~
, TOM MINOR, Mayor
City of San Bernardino
Approved as to form and
legal content:
James F. Pemnan,
City Attorney
April 14, 1995
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95-139
Original
AGREEMENT
bdweflll
THE CITY OF SAN BERNARDINO
IIlIIl
CURRAN'S RUBBISH DISPOSAL, INC.
FOR THE COUJSCTION, TRANSPORTATION, AND DISPOSAL OF
SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING
TEMPORARY BINIROll.OFF SERVICES
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TABU;; OF CONTENTS
PAGE
Reci tals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. Grant of Commercial, Residential, Construction,
Industrial, and Temporary Bin Franchise.................. 2
2. Definitions.............................................. 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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TARlE OF CONTENTS
(contimutI)
PAGE
9. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Residential Rates................................... 7
B. Commercial and Industrial Rates..................... 8
C. Temporary Bin Rates................................. 8
D. Notice of Rate Changes.............................. 8
E. Notice to City; Recycling Fees...................... 8
10. Franchise Transferrable; City Consent Required........... 8
11. Franchise Transfer; Fees................................. 8
12. Privacy.................................................. 9
13. Reports. . . . "' "' . . .. . "' . . . . . . "' . . . . . . . . . . . . . . .. . . . . . . . . . "' . . . . . "' "' 9
14. Liability Insurance Coverage............................. 10
15. Workers' Compensation Insurance.......................... 10
16. Hold Harmless............................................ 11
17. Collection and Equipment................................. 11
18. Public Access to Grantee................................. 11
A. Office Hours........................................ 11
B. Service Complaints.................................. 12
C. Government Liaison Person........................... 12
19. Household Hazardous Waste................................ 12
18. General Provisions....................................... 13
A. Amendments.......................................... 13
B . Attorney's Fees..................................... 13
C. Compliance with Applicable Law...................... 13
D. Compliance with Franchise Agreement................. 13
E. Counterparts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
F. Entire Agreement.................................... 13
G. Exhibit Incorporated................................ 14
H. Force Majeure....................................... 14
I. Gratui ties. . . . . . . . . . . . . . . . . . . . . . .. . . . . "' . . . . . . . . . . . . .. 14
J. Independent Contractor.............................. 14
K. Law to Govern; Venue................................ 14
L. Notices............................................. 15
M. Right to Audit...................................... 15
N. Validi ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
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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 /l (the "Franchise Agreement") is
entered into this ;J5~ day of If//M.-fir ' 1995 (the "Effective
Date" ), by and between the City of . an Bernardino (the "City") and
Curran's Rubbish Disposal, Inc. (the "Grantee"), for the
collection, transportation, and disposal of solid waste and
construction debris and for providing temporary bin/rolloff
services.
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 binlrolloff
services within Franchise areas;
NOW, 1JlEREFORE, THE PARTIES AGREE AS FOlLOWS:
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AGREEMENT
1. Grant of Commercial. Residential. Industrial. and Temporary
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 collection and transportation of recyclable and compostable
materials, and for the collection, transportation, and disposal of
solid waste and construction debris and for providing temporary
binjrol1off 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 1, 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. Compostable 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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"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. Recyclin9 Proqram.
"Recycling Program" means the collection, removal and
transportation of recyclable materials and/or compostable
materials to either a processing facili ty, 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 10w-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 I 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 shal1 collect the solid waste (including bulky
items 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) Sinqle Family Residential.
Not less often than once per week, and more frequently if
required to hand Ie 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, compostables, 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 binlrolloff services for
a period not to exceed ninety (90) days. For construction and
demoli tion proj ects 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.
Proqrams.
Industrial.
and
Residential
Recyclinq
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
served by
program to all
Grantee within
(3) Temporarv Bin/Rolloff Recvcling Proarams.
Grantee agrees to offer a recycling program to all
temporary binlrolloff service customers and accounts.
5. Disposal 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 shal1 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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be recycled, instructions on how to participate and provide the
Grantee's phone number.
D. Grantee shal1 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 I 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 I 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 lndustrial 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 Changes.
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: Recycling 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 ReQUired.
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 sa Ie 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 sa Ie
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
pri vacy of customers. Information identifying indi vidual 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 AB 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 fol1owing 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 commercia 1 , 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, compo sting or
recycling facility;
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(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 Coveraae.
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
liability 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 shal1 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 pOI icy 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.
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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 Equipment.
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 minimum, from 8:00
a.m. to 5:00 p.m. daily, on all collection days. A representative
of Grantee shal1 be available during office hours for communication
with the public at Grantee's principal office. In the event that
norma 1 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 calI. Grantee shall also maintain a local or toll free
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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
received. 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 -
. '10:13'9
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. Attorney'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 injury 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 understandings or agreements except as
herein expressly stated. Any modifications must be in writing.
- 13 -
Lir_/::(a
,7:F/""1
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 binjrolloff 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 binjrolloff 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. Nei ther 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 litigation 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 -
l5"-/;,'"
. /
L.
Notices.
delivered
addressed
All notices herein required shall be in writing and
in person or sent by certified mail, postage prepaid,
as follows:
"Cityll
City of San Bernardino
300 North "D" 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. Right 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. Validity.
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
WITNESS the execution of this Agreement of the day and year
written above.
CITY OF SAN BERNARDINO
By; ~~~
Mayor
ATTEST:
RA~~
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
James F. Penman,
City Attorney
~fie/
GRANTEE
/-"'.'. I
"
'l;
Ja ~ Avakian, President
qurran's Rubbish Disposal, Inc.
/
- 16 -
f'''7-/7C
; ;./)
EXlHBIT "A"
FRANcmSE AREA - GRANDFATHER ACCOUNTS
ACCOUNTS WCATED AT:
i
v.... ~_~.. .I.;......
\",UKKt\n ..:> r\.UUUL.J11 V.I...,)I....-.I......
EXHIBIT nAil
ACTIVE CUSTOMER LIST
FRANCHISE AREA - GRANDFATHER ACCOUNTS
Set'"vi C(-2' Add 1""~?5'S
"''''''''"""''""'''"''"''"""""""""""''"''"''''''''"'''''''''''''''''''"''"''"""""""""""",,,,",,",,",,",,",,",,"",,",,",,",,",,,,,,",,",,,",,,,~SfR~~:'::;.~"It8,~~~Rj)::r,:""""""""""""",""",,",,",,,,,
F,(-?ma r ,,:.~;)
Acct>> Cu~stomer I~ame
-----.-----.---.--.---.-----.--..----.-------------..--.-------..--.-----.-..----------.---.------.-----.----------.--
--------------.-------.------------------.------------..----------------.-----..-.-----.-..-..-----------
I 530 W" 10TH
~A3 W" 10TI..1
~~19B E. 1.9TH
:5l-l~.)~:.:1 E. 21ST
1006 F ~"~D ST"
11 :::,~; E. ;;~~ID ST.
11B7 E. 21~D ST.
El::;9 E. ;;~~ID ST"
~::(-+BO:'5 :.:)I~D
l1.;;~l E. 3RD ST.
113:3 E. ::mD ST.
;~::;7~;: E:.. :::)F~D ST..
2414 E. ::mD ~3T..
B3~) E.. :::")F(D ST..
B71 E. ::mD ~3T.
170 E. {10TH
~~92 E" 40TH
<n4 W. 40TH
255 E.. 5TH
;;'80 E" ~;TH
30:::, W. 5TH
7~;~; E. <,TH
765 E.. 9TH
EA4 E" 9TH
461 W" 9TH
607 W. 9TH
1091 ACACI,;
:;:~20B AF,l)EJ--.1
2BO S. ARI;:OWHEAD
:ll.64 E. BASEL.INE
11BO I;:" BI';SELII~E
1198 E. BASELINE
1375 E. BASELINE
1:::,7:> E. BASELINE
1441 E. BASELINE
:IAB E. BASEL.HIE
1499 E. BASELINE
1. ~.;:5B E. BASEL. nlE
296 E. B,;SELI1~E
735 E. BAE;EL.INE
1097 W. BASELINE
1121 W.. BASEL.INE
1276,-S
1 ;;~7 ",7
1 ~)::>64
1;,:914
12963
204l:l
1.~::965
:I. ;~9b2
1 ~::B~::6
l2B~~7
1.2B~::B
1 ~~77()
1. ~::~3~~::)
:I. ;~B24
12B2~)
107/7
128'J4
1.2B9~)
12''+04
l21..~O:::)
:I.:.50~:)!5
12t);~;::
12524
1::30::1B
1 ~~ ~)2()
10:::,B;,:
:t.~~~::10
L:)o 14
1~~21 :l.
1749::,
:l22~::7
1. ;~228
:t2~::29
130:l.~)
210B6
122:1.4
12~:::"51
1 ;:~2::);~
1~::216
21001
12~::40
l222b
CITY T(JWII~G
NEL.SON'S AUTOMOTIVE
I;:,WIOI~ COI;:TEZ
AUGUST cmOE~IKE
FUI~G..-I'I';I~ ~300 LEE
TO!'I REESE
OLIVEI;: WILBUI;:N
TCJi'I ",:.ESE
SHADY NOOK TRAIU~R PARK
LEE CF(AWFOFW
~TES~3II~ ~T. COLLII~S
LUF(A LU~IDC1UIST
STOUT~3 1'10BILE CEI~TEI;:
PHIU; DI:;:IVE-..I~I
TI;:AIU3 El~D
E<O~ID AUTO PAI;ns
C~~VRON U.S.A" MIB04
CAI:;~OLE 'S AUTO REPiH I:;:
B & K TEXi;CO
RIVERSIDE BLUEPRINT
,JL 1'1';I'h~GI~I'1EI~T CO.
APOLLO STEE~ INC.
CLII~F LANGU~Y
L.AIDLAW TRANSIT INC.
CENTRAL CITY AUTOMOTIVE
EXPRESS GAS & SMOG
BIOI~IC AUTO BODY
BAKEF(t, BUFWE:F6 HIC. 111.0:::,
NEMO & JACK'S
E & L GE~IER~,L.
P,;YI~I~S COR1~ER
U--HAUL. CENTEF( SA~I BEF,NAfmHIO ll2
PEF~~R TREE FOODS
SCACD DAY & NIGHT DISTRIBUTOf(~,
SUSA PAI:;:TNERSHIP LP-SB
S & S AUTOMOTIVE
C,;LVAI;(Y CHAPEL
PRESTIGE EXTEf(MINATor~~;
BA~3ELn~E SERVICE CE1~TER
L.ORTOWS FF,ESH SQUEEZE JUICES
PH()TOGI~AI'1I'1ETI:;:IC SEIWICES
MAFnHA AF,EL.L.ANO
- ....-...- .~..._.._--_.- .--.. ..-
.._n_.'.. .._._._ nn _.._ ._..___.._._
-..-.--.---..---.----.-.--
'?/_/7<"7
1'-' '"".'
05-22-], 9()):"~
CURRAN'S RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
-.---
Paq(~:
"
.,
St:-~Fyic:€.~ AcldlrE~SS
-------.----------.--.---.------.--"-.-.--.--------..-------.-.------------.----.-----..---.--.-.-.-.....--.-.----.--
-------------------------.-.---.---------------------.---------------------.-----.-.-------
F\€~mi:\ f"" k.s;
Acct" Cllstomer Name
-.-------------------....----------.--.--------.------------..---------.-------------.------.-.--------,-----
-------------.------.---.--------------------------.----------------------------------
60/' W. Bp,SEl.. nlE
621 W. BASELIHE
694 W. BASELIHE
1005 E<1::I'iEDICT
. 1:1. 70) BE~IEDICT
2::>59 CABI,EI,," ~3T.
1::>98 CAHYOH RD.
14 ~j6 CAHYUI'i "D.
259 E. CEHTRAL AVE.
'704 CLEVEI'iGE"
2195 CLUE< CEHTER D".
2735 DEI_ I~OSA AVI~"
E~B::':I 1--1.. E ST..
119B B.. I~ ~3T.
"740 S. EST..
4062 GEOI~GIA Bi_VD.
760 GIFFOfW
"7 6 ~j GlYFO"D
7;'.; G I FFOFW
775 Gl:FFO"D
7BO eHFFDFW
7B5 G:[I=FO"D
7e6 GIFFOFW
790 GIFFO"D
"791 GIFFClfW
5BO S. H ST..
1 ~:'~;:~:~ HAFWT ST.
1::>::>0 H,""DT BT.
114B E. HIGHLAND AVE
2007 E. HIGHLAHD AVE
35Bo) E. HIGHLAHD AVE
1534 W.. HIGHLAI'iD AVE
1795 W. HIGHLAHD AVE
1937 W. HIGHLAHD AVE
2::,O~\ W. HIGHLAHD AVE
2350 W. HIGHLAI'iD AVE
2400 W.. HIGHLAI'iD AVE
2400 W. HIGHLAHD AVE
4~.8 W. HIGHLAHD AVE
847 W. HIGHLAHD AVE
908 W. HIGHLAHD AVE
1031 HOPI': BT
t~~21.9
1. ~~~::~~2
122:;:~()
19019
1:;:~:~b9
1 5 ~:_\~:r7
12:-:):::)~:)
122'76
:I. ;:~:;:~77
:I. ~~~.) ~)O
1"7209
:l.~~416
12410
1:.3266
:I. 79~~0
:1.:':;0:::')6
:I. ~:)O:;:~6
:I.:30~::"7
1.:::,029
1 :::>030
130::,4
:I. ~-)O:"):L
124~:~7
:1. :":;0 ~-:":B
130 ~:) :;:~
1~~4::)f.:,
:I. :;~,q2')8
lA100
:1.2449
1:.3037
12El99
1 ~~4 50
1:;:~4~):1.
1~::4~~6
12481
1~::45B
13017
16B49
12448
L~446
12447
12460
CITY CI...EAI'IEF~c,
EWAp....LIB. ~)
HATIOHAL AUTO GLASS
CHA"LEB BERfE,;UX
NEUGEBAUE" & ASSOCIATES
BI,,"DEH'S AUTOl1UTIVE
11ICHAEL FLOFlEY
~T ,"c 1< CLf~" I<SOH
ST. MARKS BAPTIST CHURCH
"m3A Ci"~3T I1...LU
pmnUGAL & HEAL
DEL "USA UHICAL 76
E ST. ~IOTmlS
U"ANGE SHOW CHEV"UH
CALIFe~lHIA SUUHD SYSTEMS
J & V FOAM P"UDUCTS INC..
GIFFeRD INDUSTRIAL PARK
GIFF~,D IHDUST"IAL PA"K
GIFFORD IHDUSTRIAL PA"K
GIFFO"D II'iDUSTI'dAL PA"I<
IMPAC IHTERHATIOHAL
GIFFO"D IHDUSTRIAL PA"K
PRECISION HE"METIC TECHNOLOGY
(J I FFOFW nmUSTI, I AI... 1",'.,,,<
GIFFeRD INDUST"IAL PA"K
CULTUH T"UCK & SU~'LY. IHC.
Esn.IER KATr-lIB
"UCHEI...I...E PIKE
HIGHLA~1D VIDEO
KEI'iTUCKY F"IED CHICKEI'i IiX610....147
HIGHLAHD MOBIL SERVICE
TI,AII...-"....TOWH
WEc,T HIGHLAI'iD DOG & CAT HOSPITAL
~T,"CrJUELll'i OFFUTT
DAHI'IY'S TOWnlG
IHDUST"IAI... ASF~ALT
CAL. ~IA T
CITY COI'IC"ETE P"UDUCTS. I~IC.
Di~SH AUTO pp,Fnt,
JIM'S MOBILE SE"VICE STATIOH
U""SAV-MOR STORES
A. WEBB
/~;-F'1'
, ,
O::l"-2~:~--199~l
-,
CURRAN'S RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
F'C\~Jf.-~: 3
SE.\FV i C('2 Add t"es~:;.
==================::===:=======:::=====:===:=::=================:=========================
I=\:ema,.-!--:.s
Acct# Customer Name
::===::===============:==:====::========================================================
34~~ 1'1. I ST..
1030 KENDALL.
316 LANKEI~SHII1
llf.l~\ LEE ST"
1~::49 L.EE BT..
:;::::")~) LE"IA F~D
70 ~'\ S" LUGO
:;;\T72 L YI'IWOOD DI:(..
595 E.. MILL ST.. MA
~:I:;:: :1. E.. IVI I L.L. ST..
527 E.. 1"(IILL ST..
;::f.)~:.) W.. lyIIL.!... BT..
U397 N.. I'IT VEI~I~OI~
69~\ NOF:t'lr,I'1 f(J)..
96f,.'976 OL.IVE
505 ORANGE SHOW RD
245 E. REDLANDS BLVD.
';:~~.)~.i! E.. r-\EDl..ANDS BL.VD..
2?~'\ E.. I~EDL.r"~DS BLVD"
1405 W. RIALTO AVE"
1410 I~ICI..IAI~DSOI'I
1185 ROSEWOOD LN.
1284 ROSEWOOD LN.
1769 SAN BEF~NARDIN() AVE~
4775 N" SIERRA WAY
453 Soo SIERRA WAY
2S7B STEI~I.,II~G
9:;:":;:: SUNNYSIDE:
975 SUNNYSIDE
1444 S. TIPPECANOE
1945 S. TI~~ECANOE
1973 S. TIPPECANOE
1'-l.75 VICTOIUA
l,,,O~\ VICTOVI.A
169!5 VICTORIA
194~\ VICTOfUA
1144 S. WASHINGTON
295 ~I. WATEf(t'IAN
404 I~. WATI~I~11AI'1
449 N. WATERt'IAN
70 1 I~. WA TEI~11AN
1195 S. WATEf(t'IAN
:I.246~':)
12:900
12473
1:;;~f.!74
1 ~~4"7 5
l~:~476
1;c47B
12901
:l B~~~.:)9
l;::~.):I.::)
:I.~~5:t.4
:1.:;~~l:J. :I.
l~~~'lB
:1.25"7;::
1.2546
:I. ~':: ~:,i~ 7
14"160
1 ;:~94B
1 ~:)O 1 ~~
12950
129:5:3
:l.29~.16
:l.2';7'~.)7
:l;::9~;,9
L;~<n1
:l.;;;~a7~)
:l.29:l~'~
:J. ;:::;);:~t.~
L1010
1617tl
1 ~~B ~J()
12B!.:)1
1;cB41
130;;:0
1~~B5B
141 ~;9
1;cB61
123023
1;cB64
12Bf,6
1 ~::86(7
1 ~.;tl7;;:
HOLCOMB PUBLISHING CO.
MET TEXF,CO STATION
_lES':3 STOUT
Gf(EGm;:y ~;UELZL.E
EVE!., YH 11EI~I~YI1AI~
nnNITY FUL.L. GOSPE,:L CHUF,Cf.1
II~TEI~STATE BATTEF,Y
':3AN BERNARDINO COMMUNITY CHURCH
MILL STREET AUTO BODY
LEO~IAI'(J) BECI<ER
,JII1BOS AUTO WI~ECI<II~G
IDEALEASE
~3IM()I~ Er,IUIPI1EI~T I:(I~I~TAI...
Ef(t'IA GLADDE~I
3D!:: G. (JUTIEI~I~1:2
CmF,I'.IGE SHOW SHELL
POI~TUG,;L & NEAL
POFaUGI',L & ~IEAL
B,;KEI,S BUI~GERS II~C. M109
At'IENDT OIL CO.
CANAM WOOD PRODUCTS
HCWIE~>TYLE CAFE:
I'~AG I 1':,o,ZZOU I<
LIBI'(,"DD t'IAfnII'IEZ
LE I~EI'Il)EZ..'V(JU~;
T -.AUTO
SAN B8~NARDINO UNICAL
EUSEBIO GA!'(CIA
_lOSE OCAMPO
ABC SUPPLY CO.
T~~IFTY OIL CO. M345
SHELL. SERVICE
SUPEI~ SHOPS
TODD'S t'IARI<ET
LEE-BOY CO.
DON ST. JEAI-.J
11ATHIS D,WIS
CIRCLE K STORE INC.
AUTOl1ARf I~ADIATOI~
SUPER BURRITO
WATEI~11Ar~ AUTO DISI'1AI-.JTAUI~G
VALLEY GAB
15-/37
05-22--1 (r<,5
CURRAN'S RUBBISH DISPOSAL
Paq(~:
4
ACTIVE CUSTOMER LIST
Sf:'H'''VJ. ce Acid F'€'~ss
-------------.-.----.--------.--------.---..----..------.------.-.------------.----------------.------
-------------.-----------------------------------------------------------.----------
F~€.?mc\ r' k.s
Ac:c:tli
ell ~;. tf.HIl f.~ r N c:\ fIH:;'~
:-.::;:.::::::::::::::::::::::::::::::::::::::::::::::::::::-.:::::::::::::.-:::::::::::::::::::::::::::::::::::::==::::::::::::::::::-.::::::;-.:::.::::-.:::-.:::::::::::::::::::::::::::::::::::-.:::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::.-::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::-.::
70~\ s. WiHEF~MAI~
:I. ~~~370
RAI'ICHr::R 's F'TED &; !:>lJF"F'l.. Y