HomeMy WebLinkAbout18 Public ServicesCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lynn Merrill, Director Subject Resolution to approve transfer of Franchise
Agreement from Jack's Disposal, Inc. and Currans
Dept: Public Services Rubbish Disposal, Inc. to Burr Group, Inc., subject to
conditions
Date: August 9, 1999
ORIGO'/ NA L
Synopsis of Previous Council Action
Reso 95 -138, 139 adopted May 25, 1995
96- 174,175 adopted June 17, 1996
Recommended Motion:
Adopt resolution
Contact person: Lynn Merrill
Supporting data attached:
FUNDING REQUIREMENTS:
Council Notes:
Council Meeting Date: August 16, 1999
Lynn Merrill
Phone: 5140
Ward: All
Amount:
Source:
$168,600
Franchise Fee budgeted
in General Fund for FY99 /00
R&Aj �,L
finance
Agenda Item No. 19
VI& /I I
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution to approve transfer of Franchise Agreement from Jack's Disposal, Inc. and Curran's
Rubbish Disposal, Inc. to Burr Group, Inc., subject to conditions.
BACKGROUND
The City entered into a Franchise Agreement on May 25, 1995 with Jack's Disposal, Inc. and
Currans Rubbish Disposal, Inc.. The original intent of the Franchise Agreement was to ensure
compliance with Municipal Code 910 by Jack's Disposal and Currans Rubbish Disposal.
Jack's /Currans Disposal provided refuse service to a fixed number of existing residential and
commercial customers that were County annexations to the City; they continue to serve accounts in
Highland and unincorporated County areas.
Paragraph 10 of the Agreement states that "Grantee shall not transfer, sell or assign the franchise
granted by this Franchise Agreement except with the express prior written consent of the City,
which shall not unreasonably be withheld." Further, Paragraph 11 states that "Anyapplication 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." On July 23`d, the City
Administrator received a letter from Joe Avakian, owner of Jack's and Currans Disposal stating that
the companies were being sold to Burr Group, Inc.. A deposit in the amount of $2,000 to
reimburse the City for administrative costs caused by the transfer is pending.
The language of the current agreement is silent regarding the City's ability to condition the transfer
of the Franchise Agreement. While the City cannot reasonably withhold consent for the transfer,
staff is recommending that the conditions set forth in the attached resolution be applied to the
approval of the transfer.
Staff presented the conditions to Burr Group, Inc. and Jacks /Currans, and they both concur with
the conditions which are listed:
Burr Group, Inc. shall, within 180 days of the completion of the sale and transfer of assets
from Jack's Disposal, Inc. and Curran's Rubbish Disposal, transfer all permanent single
family residential accounts to the City. This condition is necessary in order to ensure that all
residential customers within the City receive identical services as provided to current
customers of the City, to reduce the potential for confusion of residents regarding their
refuse service provider and to reduce wear and tear on residential streets from excessive
refuse vehicle trips. In order to equalize the value of these accounts, the City shall identify
and transfer to Burr Group, Inc. a set number of commercial accounts that generate
approximately the same annual revenues as those residential accounts being transferred to
the City. The City and Burr Group, Inc. agree to cooperate fully in order to ensure a smooth
transition of these accounts.
2. The new Franchisee shall not use any name that shall contain or include the words "San
Bernardino," nor use any color schemes or markings similar to those used by the City during
the period of this agreement. This is necessary to avoid customer confusion. The
Franchisee shall have the right to use the existing Burr Group, Inc. color schemes on all
trucks and equipment operating within the City, and to phase out the existing Jack's
Disposal, Inc. and Curran's Rubbish Disposal color schemes as desired.
FINANCIAL IMPACT
During the term of the agreement with Burr Group, Inc., the Citywill receive an 11% franchise fee
based on the Grantee's Gross Revenues during FY99 -00. This amount, already included in the FY
1999/2000 budget, is estimated to be $168,600.
RECOMMENDATION
That the Mayor and Common Council adopt the resolution, approving the transfer of ownership of
the franchise from Jack's Disposal Service, Inc. and Currans Rubbish Disposal to Burr Group, Inc.,
effective September 1, 1999 and subject to conditions set forth.
JACK'S DISPOSAL SERVICE, INC.
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July 23, 1999
Mr. Fred A. Wilson
City Administrator
City of San Bernardino
300 N. D Street
San Bernardino, CA 92418
Dear Fred:
As discussed with you yesterday, we have decided to sell our company. The buyers are Ed and
Cole Burr. Although they have numerous solid waste companies in Southern California, locally
Ed and Cole own Burrtec Waste Industries, Yucaipa Disposal Agua Mansa MRF, and West
Valley Recycling and Transfer.
P.O. Box 141
San Bernardino,
California 92402
Telephone
(909) 8891969
Facsimile
(909) 880 -1969
We have enjoyed servicing the City of San Bernardino and because the Burr's are retaining the
Jack's Disposal name and facility located in the San Bernardino, you can expect a seamless
transition and continued high level of service and community involvement that our customers have
come to expect.
In accordance with our franchise agreements, we request the city consent to the sale of our
interest in Jack's Disposal Service, Inc. and Curran Rubbish Disposal, Inc. as outlined in section
10. We would like to complete this transaction at the end of August and would appreciate your
assistance.
Please let me know what additional information that we can provide.
Sincerely,
oe Avaki
JACK'S DISPOSAL SERVICE, INC.
AA Pnnted on Recyded Paper
Jul 16 1999
City of San Bernardino
Administrative Otfice
AUG -11 -99 14:32 FROM:BURRTEC WASTE ID:9094294290 WAGE 2/2
BURRTEC
WASTE INDUSTRIES, INC.
August 11, 1999
Mr. Lynn Merrill
Director of Public Services
City of San Bernardino
300 North 'D' Street
San Bernardino, CA 92418
Re. Jack's Disposal, Inc_
Change of Ownership of Franchise
Dear Lynn:
We understand that the current owners of Jack's Disposal have notified the City of their intent
to sell their interest in Jack's Disposal and Currans Rubbish to us_ We also understand that
this change of ownership requires consent by the City Council as outlined in the Franchise
Agreement.
In order to assist you in this process, we are providing this letter of information.
The ownership of Jack's Disposal, Inc_ will be acquired by Burr Group, Inc. Burr Group is
owned entirely by the Burr family. Ownership percentages are 90% Cole and Tracy Burr and
10% Ed and Sandy Burr. In different ownership structures the Burr's own EDCO Disposal,
Burrtec Waste Industries, Agua Mansa MRF and West Valley Recycling and Transfer.
The Burrs have through these companies and others demonstrated that they possess the
necessary management expertise, financial strength, and insurancelbonding capacity.
Moreover, the Burrs have operated their companies consistent with all Federal, State and
Local laws, and at all times in an environmentally safe and conscientious fashion.
We understand and agree that our trucks shall not contain or include the words "San
Bernardino" nor use any Dolor schemes or markings similar to those used by the City.
Burr Group, Inc. will continue the strong commitment of service to the customers of the City
of San Bernardino as well as the involvement and participation in community activities.
We appreciate your timely review of our request
Sincerely,
Vice President
Cc: Cole Burr
Joe Avakian
9890 Cherry - Fontana, California 92335 - 909- 429 -4200 - FAX 909 -42 4290
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Resolution No.
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
collection, 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 v�-hich 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, Inc. 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.
August 10, 1999
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM CUZRAN'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 meeting thereof, held on
the day of , 1999, by the following vote, to wit:
Council Members: Ayes Nays Abstain Absent
ESTRADA
LIEN
McGINNIS
SCHNETZ
VACANT
ANDERSON
MILLER
The foregoing resolution is hereby approved this
Approved as to form and
Legal content;
James F. Penman, City Attorney
BY: — - ee-Yw�
August 10, 1999
1999.
Rachel Clark, City Clerk
City of San Bernardino
Judith Valles, Mayor
City of San Bernardino
day of
95 -139 Original
AGREEMENT
between
t I ' 01-1 M 3,36,
and
CURRAN'S RUBBISH DISPOSA% EVC,
FOR THE C0LLECT70N, T R"SPORTAT ION, AND DISPOSAL OF
SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING
TEMPORARY BIN /ROLLOFF SERVICES
Recitals.................. ............................... 1
1. Grant of Commercial, Residential, Construction,
Industrial, and Temporary Bin Franchise .................. 2
2. Definitions ............... ............................... 2
A.
B.
C.
D.
E.
F.
AB 939 ............... ............................... 2
Bins ................. ............................... 2
Compostable Materials ............................... 2
Future Annexed Areas . ............................... 3
Grantee .............. ............................... 3
Recyclable Materials . ............................... 3
G.
H.
I.
Recycling Program .... ............................... 3
Solid Waste .......... ............................... 3
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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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. Gratuities ........... ............................... 14
J. Independent Contractor .............................. 14
K. Law to Govern; Venue . ............................... 14
L. Notices .............. ............................... 15
M. Right to Audit ....... ............................... 15
N. Validity ............. ............................... 15
95 -�34
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 Agreement (the "Franchise Agreement ") is
entered into this day of /"i2ay , 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.
WIHEREAS, 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 within their
jurisdictions; and
WHEREAS, 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
NIZERF.AS, 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:
95i3y
1.
AGREEMENT
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
bin /rolloff services in commercial, residential, and industrial
areas within the City of San Bernardino. Notwithstanding 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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D. Future Annexed Areas.
"Future Annexed Areas" mean any unincorporated areas
which are located within 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 Program.
"Recycling Program" means the collection, removal and
transportation of recyclable materials and /or compostable
materials to either a processing facility, composting
facility 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
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 completed by the City. Within 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
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) Single 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, 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 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, Industrial and Residential Recycling
Programs.
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) Single Family Residential Recycling Programs.
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 Recycling Programs.
Grantee agrees to offer a recycling program to all
commercial and industrial customers served by Grantee within
Grantee's Franchise Area.
(3) Temporary Bin /Rolloff Recycling Programs.
Grantee agrees to offer a recycling program to all
temporary bin /rolloff 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 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. Recycling.
A. Grantee shall ensure that recycling programs are made
available for all of its customers served by this Franchise
Agreement.
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 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 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
written 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.
95 i3y
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 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. The rights accorded customers pursuant to this Section
shall be in addition to any other privacy right accorded customers
pursuant to Federal or State Law.
13. Reports.
A. Within 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;
,Y/3f
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 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 -
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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.
B. 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 AB 939, and other City or County sponsored programs
as may be offered from time to time.
- 12 -
�,S-/,jg
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 Agreement.
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 Agreement.
There are no understandings or agreements except as
herein expressly stated. Any modifications must be in writing.
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.P.S/39
G. Exhibit Incorporated.
Exhibit "A" is attached to and incorporated into this
Franchise Agreement by reference.
H. Force Majeure.
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 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.
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f
L. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
"City"
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
"Grantee"
Curran's Rubbsih Disposal, Inc.
380 West Oak Street
P. 0. 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,
conditions, 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:
T MIND
ATTEST: Mayor
WCH . CLARK
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
James F. Penman,
City Attorney
1
GRANTEE
Jam Avakian, President
5urran's Rubbish Disposal, Inc.
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[a► ill, I
F eINCHISE AREA — GRANDFATHER ACCOUNTS
ACCOUNTS LOC,4TED AT:
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S��
5-22-1995
CURRAN'S RUBBISH DISPOSAL Page: 1
` . EXHIBIT °A°
ACTIVE CUSTOMER LIST
FRANCHISE AREA - GRANDFATHER ACCoc'
=================================================
ACCOUNTS
ervice Address
===============================================================================
Acct#
Customer Name Remarks
30 W.
10TH
12766
CITY TOWING
43 W.
10TH
12767
NELSON'S AUTOMOTIVE --------------
198 E.
19TH
15364
RAMON CORTEZ --------------
455 E.
21ST
12914
AUGUST GROENKE --------------
}06 E.
2ND ST. ~
12963
FUNG-MAN SOO LEE --------------
135 E.
2ND ST.
20411
TOM REESE --------------
187 E.
2ND ST.
12965
OLIVER WILBURN --------------
39 E.
2ND ST.
12962
TOM REESE --------------
4803 3RD
12826
SHADY NOOK TRAILER PARK, --------------
121 E.
3RD ST.
12827
LEE CRAWFORD --------------
133 E.
3RD 8T.
12828
JESSIE J. COLLINS --------------
�72 E.
3RD ST.
12770
LURA LUNDQUIST --------------
414 E.
3RD ST.
12823
STOUTS MOBILE CENTER --------------
35 E.
3RD ST.
12824
PHILS DRIVE-IN --------------
71 E.
31RD ST.
12825
TRAILS END --------------
70 E.
40TH
18797
BOND AUTO PARTS --------------
92 E.
40TH
12894
CHEVRON U.S.A. #1804 --------------
34 W.
40TH
12895
CAROLE'S AUTO REPAIR --------------
35 E.
5TH
12404
B & K TEXACO --------------
BO E.
5TH
12403
RIVERSIDE BLUEPRINT --------------
07 `/.
5TH
13035
JL MANAGEMENT CO. --------------
5t -.
9TH
12522
APOLLO STEEL INC. --------------
65 E.
9TH
12524
CLIFF LANGLEY --------------
44 E.
9TH
13038
LAIDLAW TRANSIT INC. --------------
�t)1 W.
9TH
12520
CENTRAL CITY AUTOMOTIVE --------------
]7 W.
9TH
18382
EXPRESS GAS & SMOG --------------
091 ACACIA
12210
BIONIC AUTO BODY --------------
208 AF<DEN
13014
BAKERS BURGERS INC. #103 --------------
SO S.
ARROWHEAD
12211
NEMO & JACK'S
164 E.
BASELINE
17493
_-------------
E & L GENERAL
180 E.
BASELINE
12227
PAYNES CORNER
198 E.
BASELINE
12228
U-HAUL CENTER SAN BERNARDINO 02 --------------
375 E.
BASELINE
12229
PEPPER TREE FOODS ---�----------
375 E.
BASELINE
13015
SCACD DAY & NIGHT DISTRIBUTORS --------------
441 E.
BASELINE
21086
SUSA PARTNERSHIP LP-SB --------------
48 E.
BASELINE
12214
S & S AUTOMOTIVE --------------
499 E.
BASELINE
12231
CALVARY CHAPEL --------------
538 E.
BASELINE
12232
PRESTIGE EXTERMINATORS --------------
96 E.
BASELINE
12216
BASELINE SERVICE CENTER --------------
35 E.
BASELINE
21001
LORTON'S FRESH SQUEEZE JUICES --------------
097 W.
BASELINE
12240
PHOTOGRAMMETRIC SERVICES --------------
121 W.
BASELINE
12226
MARTHA ARELLANO --------------
--------------
`-22-1995
[URRAN`S RUBBISH DISPOSAL Page: 2
ACTIVE CUSTOMER LIST
.rvice Address
Acct#
Customer Name Remarks======
'7 W. BASELINE
12219
CITY CLEANERS ------- ===
4 W. BASELINE
12222
EWAP-LIB.5 --------------
4 W. BASELINE
12220
NATIONAL AUTO GLASS --------------
05 BENEDICT
19019
CHARLES BERTEAUX --------------
78 BENEDICT ^
12269
NEUGEBAUER & ASSOCIATES --------------
.59 CABRERA ST.
15537
BRADEN'S AUTOMOTIVE --------------
198 CANYON RD.
12333
MICHAEL FL0REY --------------
'56 CANYON RD.
12276
JACK CLARKSON --------------
9 E. CENTRAL AVE.
12277
ST. MARKS BAPTIST CHURCH --------------
'4 CLEVENGER
12350
ROSA CASTILLO --------------
95 CLUB CENTER DR.
172()9
PORTUGAL & NEAL --------------
'35 DEL ROSA AVE.
12416
DEL ROSA UNICAL 76 --------------
.5 N. E ST.
12410
E ST. MOTORS --------------
98 S. E ST.
13266
ORANGE SHOW CHEVRON --------------
O S. E ST.
17920
CALIFORNIA SOUND SYSTEMS --------------
62 GEORGIA BLVD.
13036
J & V FOAM PRODUCTS INC. --------------
O GIFFORD
13026
GIFFORD INDUSTRIAL PARK --------------
5 GIFFORD
13027
GIFFORD INDUSTRIAL PARK --------------
5 GIFFORD
13029
GIFFORD INDUSTRIAL PARK --------------
5 GIFFORD
13030
GIFFORD INDUSTRIAL PARK --------------
0 FFORD
13034
IMPAC INTERNATIONAL --------------
5 "lFF[]RD
13031
GIFFORD INDUSTRIAL PARK --------------
6 GIFFORD
12427
PRECISION HERMETIC TECHNOLOGY --------------
'} GIFFORD
13028
GIFFORD INDUSTRIAL PARK --------------
I GIFFORD
13032
GIFFORD INDUSTRIAL PARK --------------
0 S. H ST.
12436
COLTON TRUCK & SUPPLY, INC. --------------
22 HARDT ST.
12438
ESTHER KATRIB --------------
30 HARDT ST.
14100
ROCHELLE PIKE --------------
48 E. HIGHLAND AVE
12449
HIGHLAND VIDEO _--- ----- -----
07 E. HIGHLAND AVE
13037
KENTUCKY FRIED CHICKEN #X610-147 --------------
88 E. HIGHLAND AVE
12899
HIGHLAND MOBIL SERVICE --------------
34 W. HIGHLAND AVE
12450
TRAIL-R-TOWN --------------
95 W. HIGHLAND AVE
12451
WEST HIGHLAND DOG & CAT HOSPITAL --------------
37 W. HIGHLAND AVE
12456
JACQUELIN OFFUTT --------------
05 W. HIGHLAND AVE
12481
DANNY'S TOWING --------------
50 W. HIGHLAND AVE
12458
INDUSTRIAL ASPHALT --------------
3O W. HIGHLAND AVE
13017
CAL MAT --------------
00 W. HIGHLAND AVE
16849
CITY CONCRETE PRODUCTS, INC. --------------
3 W. HIGHLAND AVE
12448
DASH AUTO PARTS --------------
7 W. HIGHLAND AVE
12446
JIM'S MOBILE SERVICE STATION --------------
3 W. HIGHLAND AVE
12447
U-SAV-MOR STORES --------------
31 HOPE ST
12460
A. WEBB --------------
--------------
5-22-1995 Page: 3 CURRAN'3 RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
===============================================================================
ervice Address
===============================================================================
Acct#
CuStomer Name Remarks
45 N. I ST.
12463
HOLCOMB PUBLISHING CO.
D30 KENDALL
12900
MET TEXACO STATION
16 LANNERSHIM
1247Z3
JESS STOUT
185 LEE ST.
12474
GREGORY SUELZLE --------------
"49 LEE ST. ^
12475
EVELYN MERRYMAN ------7-------
J5 LENA RD
12476
TRINITY FULL GOSPEL CHURCH --------------
05 S. LUGO
12478
INTERSTATE BATTERY --------------
]72 LYNWOOD DR.
12901
SAN BERNARDINO COMMUNITY CHURCH --------------
?5 E. MILL ST. #A
18239
MILL STREET AUTO BODY --------------
21 E. MILL ST.
12513
LEONARD BECKER --------------
27 E. MILL S7.
12514
JIMBOS AUTO WRECKING --------------
�5 W. MILL ST.
12511
IDEALEASE --------------
397 N. MT VERNON
12518
SIMON EQUIPMENT RENTAL --------------
�5 NORMAN RD.
12572
ERMA GLADDEN --------------
:>6-976 OLIVE
12546
JOE G. GUTIERREZ --------------
--------------
)5 ORANGE SHOW RD
12547
ORANGE SHOW SHELL
15 E. REDLANDS BLVD~
14360
PORTUGAL &'NEAL --------------
'9 E. REDLANDS BLVD.
12948
PORTUGAL & NEAL --------------
`5 E. REDLANDS BLVD.
13012
BAKERS BURGERS INC. #109 --------------
105 W. RIALTO AVE.
12950
AMENDT OIL CO. --------------
11 'RICHARDSON
12953
CANAM WOOD PRODUCTS --------------
S. ROSEWOOD LN.
12956
HOMESTYLE CAFE --------------
` 84 ROSEWOOD LN.
-
12957
NAG I RAZZOUK
169 SAN BERNARDINO AVE
12959
LIBRADO MARTINEZ
'75 N. WAY
12911
LE RENDEZ-VOUS
3 S. SIERRA WAY
12875
T-AUTO
'78 STERLING
12912
SAN BERNARDINO UNICAL
2 SUNNYSIDE
12324
EUSEBIO GARCIA
`5 SUNNYSIDE
13010
JOSE OCAMPO
44 S. TIPPECANOE
16178
ABC SUPPLY CO.
145 S. TIPPECANOE
12850
THRIFTY OIL CO~ #345
'73 S. TIPPECANOE
12851
SHELL SERVICE
75 VICTORIA
12841
SUPER SHOPS
05 VICTORIA
13020
TODD'S MARKET
95 VICTORIA
12858
LEE-BOY CO.
45 VICTORIA
14159
DON ST. JEAN
44 S. WASHINGTON
12861
MATHIS DAVIS
5 N. WATERMAN
13023
CIRCLE K STORE INC.
4 N. WATERMAN
12864
AUTOMART RADIATOR
* H. WATERMAN
12866
SUPER BURRITO
1 N. WATERMAN
12869
WATERMAN AUTO DISMANTALING
95 S. WATERMAN
15872
VALLEY GAS
^
. /
35-22-1995
�
CURRAN'S RUBBISH DISPOSAL
ACTIVE CUSTOMER LIST
Page: 4
========================================================
;erwice Address Acct# Customer Name ========================
Remarks
'05 S. WATERMAN 12870 RANCHER'S FEED a SUPPLY =======================
tES 96 -174
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96 -174
: . UNDER ►.
THIS FIRST AMENDMENT TO FRANCHISE AGREEMENT made and entered into this
day of 1996, by and between the CITY OF SAN BERNARDINO, a charter
city of the State of California ( "the City") and Curran's Rubbish Disposal, Inc., a California
corporation ( "Grantee ");
WIINIE5SETH:
WHEREAS, the parties entered into that certain Franchise Agreement dated May 25, 1995,
for the collection, transportation, and disposal of solid waste and construction debris and for
providing temporary bin/rolloff services ( "the Franchise Agreement "), and
WHEREAS, Subsections A and F of Section 20 of said Agreement provided that
amendments and modifications could only be in writing, and
WHEREAS, the parties desire now to amend said agreement in order to specify, define and
clarify certain portions of said Agreement,
NOW, THEREFORE, the parties hereto agree as follows:
1. Subsection I of Section 2 of said Franchise Agreement is hereby amended to read as
I follows:
"I. Temporary Bins.
`Temporary, Bins' shall mean all bins which are placed by Grantee upon
user's request at a location within the City limits fora eriod not to exceed
ninety (90) or one hundred eighty (180) days, as provided in Section 4.0 of
this Agreement. Said period must be separated by a minimum lase of thirty
(3 0) days prior to renewal of `Temporary Bin' status for any service rendered
by Grantee at said location."
2. 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 b
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
DAB /tbm 1Jacks.Agrl
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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 Grantees 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 permitted to provide such service to said customer. However,
Grantee shall 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."
3. Subsection A of Section 6 of said Franchise Agreement is hereby amended to read as
follows:
"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 upon Grantee
which are greater than those included in any applicable recycling 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 wntten 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 O of Section 20 hereof
if the City so elects."
5. Subsection D is hereby added to Section 13 of said Franchise Agreement to read as
follows:
"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.Agrl
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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 O 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
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." '
7. Subsection O is hereby added to Section 20 of said Franchise Agreement to read as
II follows:
"O. 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 b the
breach to the other P Y Y PAY declaring the
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 declaring 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.
II DAB /tbm [Jacks.Agrl 3
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1 First Amendment, Curran's Rubbish Disposal, Inc. Franchise Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Franchise Agreement on the day and date first above shown.
I ATTEST:
By
y �,�
(.tty er
APPRO 'VED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
DAB /tbm [Jacks.Agr]
CURR.AN'S RUBBISH DISPOSAL, INC.
"GRANTEE"
By
*SV d,reside nt
CITY OF SAN BERNARDINO
B
Tom Minor, ayor
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Resolution No.
RESOLUTION OF THE CITY OF SAM BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM JACK'S DISPOSAL INC. TO
BURR GROUP, INC., SUBJECT TO CONDITIONS.
WHEREAS, on May 1, 1995, the Mayor and Common Council adopted Resolution No.
95 -138 entering into a Franchise Agreement with Jack's Disposal, Inc., for the collection,
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 -175 amending said Franchise Agreement; and
WHEREAS, the City of San Bernardino received a formal request to transfer the
franchise from Jack's 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, Inc. and the City within
180 days of the transfer of assets, as an amendment to the Franchise Agreement.
August 10, 1999 / y
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM JACK'S 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 Jack's Disposal, Inc. toBurr 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 Jack's 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.
August 10, 1999
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
TRANSFER OF FRANCHISE AGREEMENT FROM JACK'S 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 __ meeting thereof, held on
the day of , 1999, by the following vote, to wit:
Council Members: Ayes Nays Abstain Absent
ESTRADA
LIEN
McGINNIS
SCHNETZ
VACANT
ANDERSON
MILLER
The foregoing resolution is hereby approved this
Approved as to form and
Legal content;
James F. Penman, City Attorney
BY:
August 10, 1999
1999.
3
Rachel Clark, City Clerk
City of San Bernardino
Judith Valles, Mayor
City of San Bernardino
day of
�- 95 -138
Original
N
AGREEMENT
between
►--7,
JACK'S DISPOSAL, INC.
FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF
SOLID WASTE AND CONST RUC77ON DEBRIS AND FOR PROVIDING
TEMPORARY BIN /ROLLOFF SERVICES
Recitals.................. ............................... 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
M
T BLE �' OFl -c -� -� ,iV7:S
(b _^
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
20.
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.
Gratuities ........... ...............................
14
J.
Independent Contractor ..............................
14
K.
Law to Govern; Venue . ...............................
14
L.
Notices
.............. ...............................
15
M.
Right to Audit ....... ...............................
15
N.
Validity
............. ...............................
15
95 -138
AGREEMENT
between
THE CITY OF SAN BERNARDINO
and
JACKS DISPOSAL, INC.
FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF
SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING
TEMPORARY BIN /ROLLOFF SERVICES
This Franchise Agreement (the "Franchise Agreement ") is
entered into this ;15`-k day of -rno, , 1995 ( the "Effective
Date "), by and between the City of Sn Bernardino (the "City ") and
Jack's Disposal, Inc. (the "Grantee "), for the collection,
transportation, and disposal of solid waste and construction debris
and for providing temporary bin /rolloff services.
RECITALS
HILEREAS, 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 within their
jurisdictions; and
HILERF•AS, 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
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:
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
bin /rolloff services in commercial, residential, and industrial
areas within the City of San Bernardino. Notwithstanding 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.
- 2 -
D. Future Annexed Areas.
"Future Annexed Areas" mean any unincorporated areas
which are located within 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 Jack's 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 Program.
"Recycling Program" means the collection, removal and
transportation of recyclable materials and /or compostable
materials to either a processing facility, composting
facility 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
- 3 -
95=!57?
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
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 completed by the City. Within 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
items which have been placed in a closed bin) for multi - family
accounts.
- 4 -
96r-13Y
(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) Single 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, 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 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 Industrial and Residential Recycling
Programs.
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.
- 5 -
95 -i3�
(1) Single Family Residential Recycling Programs.
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 Is 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 Recycling Programs.
Grantee agrees to offer a recycling program to all
commercial and industrial customers served by Grantee within
Grantee's Franchise Area.
(3) Temporary Bin /Rolloff Recycling Programs.
Grantee agrees to offer a recycling program to all
temporary bin /rolloff 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 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. Recycling.
A. Grantee shall ensure that recycling programs are made
available for all of its customers served by this Franchise
Agreement.
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
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
time to time plus the Franchise Fee.
- 7 -
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 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
written 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.
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 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. The rights accorded customers pursuant to this Section
shall be in addition to any other privacy right accorded customers
pursuant to Federal or State Law:
13. Reports
A. Within 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;
(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. Within 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. Liability Insurance Coverage.
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 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 -
95=/39
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 ) "Jack's 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 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 -
9.s-/,5f
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.
H. 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 AB 939, and other City or County sponsored programs
as may be offered from time to time.
- 12 -
4S-i-7e
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 Agreement.
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 Agreement.
There are no understandings or agreements except as
herein expressly stated. Any modifications must be in writing.
- 13 -
G. Exhibit Incorporated.
Exhibit "A" is attached to and incorporated into this
Franchise Agreement by reference.
H. Force Maj eure .
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 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 -
L. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
"City"
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
"Grantee"
Jack's Disposal, Inc.
380 West Oak Street
P. 0. 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,
conditions, promises and covenants of this Franchise Agreement
shall be affected and shall be valid and enforceable to the fullest
extent permitted by law.
- 15 -
ff /3r
WITNESS the execution of this Agreement of the day and year
written above.
ATTEST:
RACHEL CLARK
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
James F. Penman,
City Attorney
CITY OF SAN BERNARDINO
By:
TOM MINOR/'
Mayor
GRANTEE
I
3 ep Avakian, President
cks Disposal, Inc.
-16 -
.vsli. r
ACCOUNTS LOCATED AT:
40
S�
5-22-1995
JACK'S DISPOSAL SERVICE EXHIBIT °&" Page: 1
ACTIVE CUSTOMER LIST FoamCaIsD AREA - GRANDFATHER
=====================================================
ACCOUNTS LOCATED AT:
er*ice Address
===============================================================Remarks======
Acct#
Customer Name '
500 W. 17TH
7189
SAN BERNARDINO COMMUNITY
575 W. 17TH
21097
COGUH INDUSTRIES, INC. --------------
()Z1 E. 19TH
13,497
CARLOS CARRILLO --------------
Q43 E. 19TH `
8265
RAJ IYER --------------
(}57 E. 19TH
17339
JESUS GONZALES --------------
391 E. 20 ST.
18545
MIGUEL GONZALES VIRAMCNTES --------------
415 E. 21ST
19045
BALBEMAR ALVAREZ --------------
425 E. 21ST
6795
GOODwOW TRUST --------------
-435 E. 21ST
17976
JUAN BLAS --------------
445 E. 21ST
21176
LARRY BRUNELLI --------------
529 E. 21ST
18782
ALVARO RAIGOZA --------------
396 E. 2ND ST,
15948
CALISTRO LEPE --------------
155 W. 2ND ST.
6725
JOHNS BURGER FOOD BIZARRE --------------
752 E. 3RD ST
5929
COZY CORNER --------------
95 E. 3RD 37.
6003
CREEK SIDE VILLAGE APARTMENTS --------------
i7 E. 3RD ST'
16557
KATHRINE GONZALEZ --------------
47 E. 400H
6811
BEST CALIFORNIA GAS LTD. 4324 --------------
30 E. 40TH
19781
CIRCLE K --------------
95 E. 407H
6800
WILDWOOD SHELL --------------
1-7 W. 40TH
18896
PRZMETIME --------------
Q 1. 40TH
17470
REDDZ ROOTER PLUMBING --------------
�4 W. 40TH
12084
KID CONNECTION --------------
W. 4TH ST.
8497
KCKC --------------
"35 W. 50`
5943
ONKZN TRAILER SALES --------------
'7 W. 5��H
18931
DESERT INN --------------
}� W. 5T�
6749
ROYAL MOTEL --------------
?6 E. 6TH ST.
6765
SCHOOL OF HOPE --------------
326 W. 6TH S-.
21214
FRONTIER CONSTRUCTION --------------
i10 E. 9TH
7468
ASSURED MINI STORAGE --------------
180 E. 9TH
17491
MIKE LONDON �-------------
25 E. 9TH
19701
TINA EYRAUD --------------
14 E 9TH ST.
15335
DK FRECH CORP. --------------- :
�82 ACRE LANE
6020
ED KILLGORE --------------
01 E. AIRPORT DR.
3815
AMC THEATER --------------
}04 ARDEN
17706
M.B.W. INVESTMENTS --------------
/11 ARDE;,i
1984
PARK HEIGHTS APARTMENTS --------------
:64 ARDEN
5642
7-11 MARKET --------------
!SS ARDEN
1995()
UNITED INVESTMENT GROUP --------------
-48 ARDEN
16862
STEPHANIE GAMANGE --------------
Q4 ARGYLE
6946
SLAVICK^S --------------
i46 ARGYLE
60J2
RONALD � AVICK --------------
�8 N. ARROWHEAD
18547
TOWER MEDICAL --------------
______________
05-22-1995
JACK'S DISPOSAL SERVICE Page: 2
ACTIVE CUSTOMER LIST
===============================================================================
Service Address
===============================================================================
Acct#
Customer Name Remarks
112 S. ARROWHEAD
1404Z
SOCCER CENTER
4(}8 S. ARROWHEAD
9453
EUROPEAN PERFORMANCE --------------
435 S. ARROWHEAD ,
16378
C.D.S. LEGAL SERVICES --------------
395 S. ARROWHEAD
9081
GRANT MUSZCK TRUCK PARTS --------------
1375 E. BASELINE
16850
PEPPER TREE DISTRIBUTION ------�-------
1411 E. BASELINE
1-3 445
)DAKERS BURGER MAINT. --------------
' 411 E. BASELINE
18970
NAGLE INC. --------------
1639 E. BASELINE
19917
THE TREASURE SHOP --------------
L655 E. BASELINE
21219
HOME LUMBER --------------
1679 E. BASELINE
5659
TACO TIA INC. --------------
L715 E. BASELINE
19373
SMOG PLUS --------------
1729 E. BASELINE
5655
KNIGHTS OF COLUMBUS --------------
�Oe E. BASELINE
17081
FURNITURE MAN --------------
'568 E. BASELINE
1474
ROYAL PALMS --------------
'89 E. BASELINE
6038
SPORT TRAILERS --------------
185 E. BASELINE
6048
GENE'S TRADING POST --------------
. i1 E. BASELINE
5652
CHARLES CAR SALES --------------
.718 W. BASELINE
13472
BASELINE MINI STORAGE --------------
J0O W. BASELINE
1169
HOLIDAY TRUCKING --------------
:4/ W. BASELINE
6047
FISHERS GRADING --------------
:5^ A. BASELINE
6033
ALFREDO'S PIZZA --------------
:06 W. SASE-INC-
6035
7-11 MARKET --------------
04 W. BASELINE
14054
AM PM MINI MARKET --------------
99 W. BASELINE
6039
SHELL-MINI MART --------------
1^�1 BE#EDZCT
9765
S.M. DADERIAH --------------
75 BIRCH CT.
19957
AIRCRAFT TOOL --------------
93 E. BRIER RD
5574
EVELYH BRIER --------------
:302 CABRERA ST.
I3917
ROGER HALL --------------
180 CAJON
6378
LIDO MOTEL 7-------------
()30 CAJON
13290
BiEDI#A CORTES --------------
238 CANYON RD.
694
MITCHELL SLAGERMAN --------------
252-54 CANYON RD.
5685
KEITH BAGNELL ' --------------
260 CANYON RD.
6082
JAMES MASSEY --------------
404 CANYON RD
5683
KUMAR KONE[--�U --------------
50 E. CAROLINE
19255
BAJA TILE --------------
?5 E. CAROLINE
19047
MIDNIGHT RODEO --------------
!7 W. CAROLINE
9493
WICKES FURNITURE --------------
303 CEDAR DR.
6084
JOHN SALAZAR --------------
147 E. CENTRAL AVE.
6087
JAMES GREEN --------------
400 W. CHESTNUT
7094
SOUTHERN CALIFORNIA EDZSON CO. --------------
15 E. CLUB CENTER DRIVE
9794
C2STCO WHOLESALE --------------
?3() COOLEY CT.
20412
J.P. TECHNOLOGY --------------
______________
` .
)5_22_199'5 JACK'S DISPOSAL SERVICE Page: 3
ACTIVE CUSTOMER LIST
===============================================================================
3er~/ice Address
Acct#
Customer Name Remarks
===============================================================================
'450
COOLEY CT.
12069
D. SALTER CO. ______________
-q4 S. CRESCENT
19704
CHAPARRAL CYCLE SUPPLY ______________
7701
N. D ST.
19147
HILLSIDE MOTEL ______________
563
E. DATE `
6116
POSTMASTER ______________
681
E. DATE
5708
DAVID-RICHARD ELECTRIC ------ _-------
095
E. DATE
6118
FIRST CHURCH OF GOD ______________
1248
DAVID WAY
6462
JIM BATCHELOR ______________
Z60
DAVID WAY
13474
FRANK BOWMAN ______________
895
DEL ROSA AVE.
13541
DEL ROSA 8 CINEMA ______________
376
DEL ROSA AVE.
4422
DEL ROSA PLAZA ______________
:382
DEL ROSA AVE.
16998
DEL ROSA HEADSTART ______________
:601
DEL ROSA AVE.
8242
PLAZA DEL ROSA ______________
1673
DEL ROSA AVE.
5713
OASIS POOL SERVICE ______________
734
DEL ROSA AVE.
19782
CIRCLE K ______________
742
DEL ROSA AVE.
5716
MOBIL STATION
5
DEL ROSA AVE.
14387
AM PM MINI MARKET
906
DEL ROSA AVE.
6123
DEL ROSA SHELL ______________
,D(}5
DUMBARTON
16964
TONY HILL ______________
01
N. E ST.
19554
MAIN STREET CAR WASH ______________
Of
N. E ST.
6155
BERDO CHOPPER ______________
16
N. E ST.
7034
LARRY AMMONS ______________
199
N. E 5T.
202
WES-TERN DENTAL SERVICE INC. ______________
Ji}3
N. E ST.
18838
97 DISCOUNT ______________
363
N. E ST-
17910
PHOENIX MOTEL --------------
L02
N. E ST-
19434
A TO Z THRIFT STORE ______________
003
N. E ST'
6160
BARRY HENRY'S ______________
-308
N. E ST.
19783
CIRCLE K ---------------
46
N. E ST.
6154
TOWN LODGE --------------
11
S. E ST'
6151
ASTRO MOTEL ---------------
730
S. E ST.
8636
D.J. SALTER CONSTRUCTION ______________
75
S. E ST.
14327
ALL PRO SMOG & TUNE ___s -----------
730
S. E STF�EET
7993
D. SALTER & CO. --------------
48
S. E. ST.
18811
SAN BDNO PIPE & SUPPLY ______________
755
EL CAMINO
7610
JAMES GIEBLER ______________
779
ESPERANZA
21121
FRONTIER CONSTRUCTION ______________
525
EUREKA
16144
EUREKA MANOR ______________
5G9
FERREE
8696
RUZZ JOSE ______________
S18
FLINT WAY
9152
GREEN TREE GARDEN ______________
73
S. G ST.
6486
ERLANGER SALES CO. ______________
472
GEORGIA BLVD.
7180
MCLANE SOUTHERN CALIFORNIA
472
GEORGIA BLVD.
165(}5
MCLA#E SOUTHERN CALIFORNIA ______________
SO4
GUTHRIE
2371
JAMES CALOBREVES -------- -----
Ito:
-_' -
V5-22-1995
JACK'S DISPOSAL SERVICE Page: 4
ACTlIE CUSTOMER LIST
===============================================
lerwice Address
Acct# Customer Name
================================================
Remarks
1159 GUTHRIE
19921
DUARTE APTS ===============================
370 N.
'55 S.
H ST.
H STREET
6206
SUNSHINE MOTEL --------- -----
;9O�� HALL�A�K
^
19581
CARL��E CONSTRUCTI�M -------- ------
--
345 HALLMARK
8974
UNIVERSITY SHELL --------------
�/�95 HALLMARk
14122
CUMBERLAND WEST ------ 7-------
-835 HALLMARK
21268
MC LANE SOUTHERN CALIFORNIA --------------
�185 HALLMARK
18000
WATSON MEDICAL LAB. ---------------
85 E .
HARRIMAN
8180
STATE COLLEGE SELF STORAGE --------------
,88 E-
HARRIM/�N
6583
SAM'S CLUB 46624 -------
�~7 E.
HARRIMAN
21029
MAGNUM ENTERPRISES -------------
' INC. ' ---
2(}0 E. HIGHLAND AVE
9431
6474
SPDRTSMART ---------
MING CHI --------------
��1�p E.
HIGHLAND
AVE
14
CHEHG
MILLER'S OUTPOST #Z�2 ------- -----
.S45 E.
HIGHLAND
AVE
8736
DEL ROSA PLAZA --------------
S68 E.
HIGHLAND
AVE
17570
A F'LUS AUTOMOTIVE --------------
722 E.
'`/V E.
HIGHLAND
HIGHLAND
AVE
6478
CHIEF AUTO PART N2371! --------------
'uu E.
HIGHLAND
AVE
AVE
3848
EARLY CALIFORNIA MOTEL --------------
}()5
6481
HIGHLAND NAPA --------
E.
HIGHLAND
AVE
15567
ROCKY MARKET --------------
024 E.
).
HIGHLAND
AVE
8735
GROCERY WAREHOUSE --------------
E.
4
HIGHLAND
AVE
9793
STERLING PLAZA PARTNERS --------------
.D95 E.
E-
HIGHLAND
HIGHLAND
AVE
17469
BLOCKBUSTER VIDEO #06302 --------------
�7?
-0 E.
HIGHLAND
AVE
7223
HIGHLAND VILLAGE INVESTORS --------------
166
AVE
13812
HIGHLAND TEXACO ---------
E.
HIGHLAND
AVE
9294
TWO GUYS ITALIAN RESTAURANT --------------
1r'2 E.
012 E.
HIGHLAND
HIGHLAND
AVE
6494
FIESTA HILL MOBILEHOME PARK --------------
195 E.
HIGHLAND
AVE
AVE
6488
1?779
O'FLANARY'S FARMERS MARKET --------------
J5 E.
06 E.
HIGHLAND
AVE
11845
CIRCLE K -------------
ONE-ELEVEN DEVELOPMENT CONST --------------
`+4 E.
HIGHLAND
HIGHLAND
AVE
AVE
6490
MOUNTAIN SHADOW CHEVRON -`------------
`54 E.
HIGHLAND
AVE
20296
19936
CUCA'SMEXICAN FOOD ------------
SALVATION ----------- --
9^4 E.
'02
HIGHLAND
AVE
16556
ARMY
HIGHLAND STAR CENTER -----0--------
---
E.
HIGHLAND
AVE
1917
DEL TACO #241 ---------
08 E.
00 E.
HIGHLAND
AVE
19758
EAST HIGHLAND AUTO TECH --------------
/u E.
HIGHLAND
HIG��LAND
AVE
AVE
19190
HIGHLAND & BOULDER PARTNERS --------------
3(} E.
HIGHLAND
AVE
19583
APPLEPEE'S GRILL & BAR ----------- ---
20 E.
HIGHLAND
AVE
18842
19340
ROSS STORE #284 --------
REDLANDS --------------
50 E.
HIGHLAND
AVE
18037
FEDERAL
BURGER KING --------------
S E. HIGHLAND
AVE
7837
SHERMAN PLUMBING ---------- -----
--
30 } W.
HIGHLAND AVE
6476
HIGHLAND LUMBER CO --------------
--------------
5-22-1995 — JACK'S DISPOSAL SERVICE Page: 5
ACTIVE CUSTOMER LIST
===============================================================================
erwice Address
===================~===========================================================
Acct#
Customer Name Remarks
?33 W. HIGHLAND AVE
16266
AM PM MARKET
087 W. HIGHLAND AVE
6017
THRIFTY OIL #325 ----------�---
37
W. HIGHLAND AVE
20400
JOSE'S TIRE SHOP --------------
?5
W. HIOHLAND AyE
6238
AMERICAN FAMILY DENTAL CARE --------------
?5
W. HIGHLAND AVE
6C,16
THRIFTY OIL #327 --------------
}56 HOPE ST
18320
CAROLYN HARRIS -------�-------
34
HOPE ST
1897
MARY R U I Z --------------
L3
E. HOSPITALITY LN.
1826
EL TORITJ SAN BERNARDINO #146 --------------
15
E. HOSPITALITY LN'
6502
LA QUINTA INN --------------
25
E. HOSPITALITY LN'
20556
TRAVEL LODGE --------------
]s/
E. HOSPITALITY LN.
9868
SPOON'S RESTAURANTS INC. --------------
�4
E. HOSPITALITY LN'
6501
SUPER 8 MOTEL --------------
75
E. HOSPITALITY LN.
21118
HK MERRON CONSTRUCTION --------------
75
E. HOSPITALITY L#.
13716
OFFICE CLUB INC. #842 --------------
34
E. HOSPITALITY LN.
21215
HK MER20N CONSTRUCTION --------------
55
E. HOSPITALITY LN-
B620
LA PETITE --------------
:6
S. I ST
8952
BELL ROOFING --------------
`5
INDUSTRIAL RD.
9752
DEHAR BAROA POOL PLASTERING --------------
;35
INDUSTRIAL RD.
1114
MANNESMANN DEMAG CORP. --------------
�(}/`
KENDALL
2450
KENDALL TOWERS --------------
4?
(ENDALL
16383
KENDALL PARK APARTMENTS --------------
)(}
KENDALL
6514
THE RUSTIC INN --------------
:4
KENDALL
20300
ADVANCED AUTO SERVICE --------------
-2
KENDALL
6515
WOODEN NICKEL --------------
�»
KENDALL
14020
PAYLESS DRUGS --------------
`s'
KENDALL
18315
BLOCKBUSTER VIDEO 406282 --------------
31
LENA RD
5791
BIRMINGHAM WIPERS --------------
14
S. LINCOLN
11391
HUNSAKER CORPORATION --------------
'39
LYNWOOD DR-
6524
SHAMMAS FOREIGN REPAIRS --------------
225
LYNWOOD DR~
6526
SPORTSPAGE BAR & GRILL �-------------
SZ5
LYNWOOD DR.
6528
LYINWOOD PARK --------------
`OQ
LYNWOOD DR.
6529
THE CHURCH IN SAN BDNO --------------
,97
MARSHALL
16142
SBNO TEACHERS ASSOCIATION --------------
-77
MASSACHUSETTS
6539
SIERRA LAND GROUP INC --------------
.76
MC NINLEY
19466
JOSE DOMINGUEZ --------------
?4
MC KINLEY
9Z14
JAMES BURCHER --------------
7-5
MC KINLEY
5984
JOE POWERS --------------
11
MEYERS RD.
14277
NANCY JACCOBS --------------
1
E. MILL ST.
7183
SUVERKRUP LUMBER --------------
0 W. MILL ST.
6547
U.S.A. CHECK CASHIERS --------------
:7 W. MILL ST.
18500
UNISOURCE CORP. --------------
9 W. MILL ST.
15407
CHAPARRAL CYCLE SUPPLY --------------
--------------
05-22-1995
JACK'S DISPOSAL SERVICE Page: 6
ACTIVE CUSTOMER LIST
===========================================
5ervice Address
Acct#
Customer Name
Remarks
MILL ST
I7��Z-64-66 MOU~TAIN
6543
==========================
YUM YUM DONUTS �48 ==========
'`
�O6 N. MT VERNON
VZEW ���O
-
DON DEVLIN ----- ---------
�1(}1 N~ MT yERNON_
5807
KEENAN'S ROCKET ---_-_________
-42-3 M. M�
58O�
6553
PETE-'S
OASIS MOTEL ______________
1495 N. MT VERNON
6554
MOJAVE MOTEL ______________
2(}16 N. MT VERNON
5HARENE MOTEL --------------
2044 N. MT VERNGp4
MT VERNON
16557
8238
PRECISION PAINTING & DECORATING --------------
7:39 N. MT VERNON
9963
C�
COUNTY OF S.B.
!~A-F.B BLDG #518
YOUR MARKET CENTER ------_-______
LDG #707
18267
- ����
CDMFPC ------ --------
�14� NE~COMB
14087
LOCKHEED COMMERCIAL AIRCRAFT CE� --------------
�194 i4E-COMI�
~
19837
DAN HALE --------------
65 NORfr!Ah RD
D
66O3
CLAYTON KAUTZMAN ----- ---------
.
04 NORMAN RD
12166
JAVZER LEPE ---- ----------
.
6^4 NORMAN RD
L1419
REFUGZO PEREZ ----- ---------
~
4�� NORMAN RD.
6597
MGR SERVICES ------
~
36 NORMAN RD
17815
CATHY BRADLEY ----- ---------
-
'09 W. OAK ST
7922
RAOUL CHACON JR ----
^ ----------
, OAK ST
���.*ATERMAN `A#yON
15363
5815
AFFORDABLE AIR CONDITIONING --------------
WELCH'S --------------
RD
OVERALL CLEANING
2 N. ORANGE DR. D�
^ 65Z?
ARROWHEAD BOTTLED WATER COMPANY --------------
'
'30 ORANGE SHOW RD
6714
SPORTSMAN CLUB -----
', ux*nuE SHOW RD
20217
J-R. FIL����C CONSTSi�CTION --------------
ju(}ue��NGEMSHOW RD
7266
TARGET STORE #T OIB8 -------------
~`, uo`^E u wAY
7093
ORANGE SH[�W SER-ICE CE>1TER --------------
- ------
?��0 OSTREMS WAY
1179
MOTEL 6
}<�0 OSTREMS �Ay
7646
TACO BELL 4 3338 --------------
350 PACIFIC
12164
RAMADA INN --------------
� --------
�7�/ PACIFIC
7�59
MOUNTAINSIDE COMMUNITY CHURCH --------------
�3�; E. PACIFIC
6482
SHIRLEYNE MARODA --------------
144 E. PACIFIC
6614
BAGNELL REAL ESTATE SERVICE --------------
��4 PALM
3�51
CHURCH OF JESUS CHRIST OF LDS --------------
'75 N PALM
5833
MESSIAH LUTHERAN CHURCH --------------
,85 N~ PALM
21144
DENNY'S --------------
4 NC^TH �AR|<
14652
AM PM MIN! MARKET
`T S.
~
5160
EXFRESS MARKET
S.
'5 S PEPPER
1�7BO
CIRCLE K ------- -------
`37 PERRIS HILL PARK
19584
RD19585
COBRA INDUSTRIES -------- ------
2(J PICO AVE
NEWPORT TUX ------- -------
40 E. PIEDMONT
9
CHRIST TEMPLE CME CHURCH --------------
1792
6873
STUBBLEFZELD CONST. FOR MT SHADO --------------
--------------
JACK'S DISPOSAL SERVICE Page: 7
ACTIVE CUSTOMER LIST
====================================================
3ervice Address
AcctA
Customer Name ===========================
=====================================================
Remarks
593 PIONEER
17173
CST ORGANIC RECYCLING ==========================
395 PIONEER
5850
HOME LUMBER --------------
�122 PONDEROSA
20860
TED DORNEY --------------
.87:� PUMALO ^
20999
DEAN CARPENTER --------------
"(}1 E. REDLANDS BLVD.
7184
HOME BASE --------------
'11 E. REDLANDS BLVD.
6627
MOTEL 6 --------------
258 E. REDLANDS BLVD.
9507
TACO BELL #3866 --------------
;05 E. REDLANDS BLVD.
6631
PRESTIGE STATION �14 --------------
INC.^'
;95 E. REDLANDS BLVD.
5859
--------------
SOUTHSIDE SALOON
,85 E. REDLANDS BLVD'
14011
HOSPITALITY CAR WASH --------------
'�97 REEDY
'
5861
E.H. BRADSHAW --------------
>ZALTO & ALLEN
16430
GRIDIRON CONSTRUCTION --------------
lZALTO 0 RANCHO (TIE YAR18615
'79-85-89-95
PACIFIC RAILROAD SALVAGE --------------
RIALTO AVE.21177
`36
PAUL LDVA --------------
E. RIALTO AVE.
20257
GEORGE HOPPER --------------
A35 W. RIALTO AVE.
905 W.
15599
RAP TRANSMISSION & WAREHOUSE --------------
RIALTO AVE.
2028
A & R TRANSPORT --------------
958 W. RIALTO AVE.
17885
THE LETTUCE PATCH --------------
962 W. RIALTO AVE.
16267
BEST AUTOMOTIVE CENTER --------------
47 W. RIALTO AVE.
6638
VIKING TIRES --------------
Z` S.MOUNTIAN VIEW
6562
DONNA FARMER --------------
70 SHOWCASE DR.
?93 N. SIERRA
9291
HARMON AUTO CENTER I�C --------------
'
WAY
3936
CELEBRITIES --------------
160 N. SIERRA WAY
14726
MUSIC ROOM --------------
S2 N. SIERRA WAY
18966
NBI GENERAL CONTRACTORS --------------
23 S. SIERRA WAY
55 S. SIERRA
7186
INLAND ACOUSTICS & INSULATION --------------
WAY
772 STERLING
6665
ROSS MACHINE AND MANUFACTURING --------------
37 S. STODDARD
6674
AQUINAS HIGH SCHOOL --------------
19 S. STODDARD
6267
AMERICAN MEDICAL DEVICES --------------
il SUNNYSIDE
88J5
WEBBER ENGINEERING --------------
124 SUNRISE
13537
PORFIO GONZALE8 --------------
)25 SUNRISE
18573
RAUL DE LATOERE --------------
>34 SUNRISE
13945
ELROY GLAS8OM --------------
)44 SUNRISE
19193
UNITED PROPERTY & INVESTMENT --------------
)54 SUNRISE
6646
JIM CLOPTON --------------
6648
JIM CLOPTON --------------
)64 SUNRISE
20795
GREAT WESTERN BANK --------------
04 SUNRISE
17751
ISABEL STERSIwG --------------
.83 SUNRISE
6658
GEORGE S WALKER --------------
)41-43-45-47 TAYLOR RD
8681
FROYLAN -~AMAS --------------
Q TENNIS COURT LANE
.71 S. TIPPECANOE
2382
METROPOLITAN AUTOMOTIVE WAREHOUS --------------
17842
THE GAGE CANAL --------------
--------------
55-22-,1995
JACK'S DISPOSAL SERVICE page: B
ACTIVE CUSTOMER LIST
==========================================
3erwice Address
Acct#
Customer Na=====================================
,.~
Remarks
914 S. TIPPECANOE
.915 S. TIPPECANOE
8688
UNIVERSITY======================================
INN MOTEL '
5`��4 S. �[IPPECANOE
6689
LOMA LINDA ELECTRIC --------------
!O5�� TURRILL
6690
IN-N-OUT BURGERS
w��RS INC. #31 --------------
89O UNIVERSITY PKWY
'NWy
16691
BROWN'S LAWNMOWER REPAIR ----------____
'155 UNIVERSITY
'K�y
2u644
AM PM MARKET --------------
ELEVEN WESTERN --------------
�����4 UNIVERSITY
5OO UNIVERSITY rKWY
2��*�
BUILDERS
BUILDING COLLABORATIVE --------------
5OO UNIVERSITY PKWY
11Z4()
PEPPER CONSTRUCTION --------------
@50 VALENCIA '
1v992
98e9
TILE TRENDS --------------
55Q VICTORIA
20783
JAMES MC DERMITT
560 VICTORIA
6628
RIM OF THE WORLD FIREPLACE -------------_
570 �ICTORIA
8916
EWING IRRIGATION PRODUCT --------------
590 VZCTORIA
MC3RRISON ENGINEERING CO, --------- 7----
�68 N. WATERMAN
26177
0100
SECURE TRANSPORTATION --------------
]95 N ~ WATERMAN
5914
5917
ACE RADIATOR --------------
�1 N. WATERMAN
ROLLINGS CHEVRON ______________
,�v N. WATERMAN
- .
6708
FRANK'S WHOLESALE MEATS --------------
'05 S. WATERMAN
5913
MERRELL'S AUTO ------ --------
L45 S. WATERMAN
18036
G��BRIEL CORONEL ---------
'- ~.`.`_°^/mn
5918
FRANK'S FENCE �� SUPPLY CO INC --------
~'
,�
°�'+ S. WATERMAN
6101
^ ----------
GENERAL TELEPHONE ----
r5�� S. WATERMAN
5915
S B GOLF CLUB --
S.B. ------------
�5(} S. WATERMAN
48
20�98
E^
C^&Z~ 8 MOTEL, INC. --------------
�> O S~ WATERMAN
`50
5916
INLAUDCONSTRUCTION --------------
PETROLEUM --------------
S. WATERMAN
5 S. WATERMAN
6710
HILTnN --------------
"PM
'I S. WATERMAN
18611
Am MARKET
13617
ARROW AUTO AIR & TRANSMISSION '--------------
�O S. WATERMAN
�-------------
I S. WATERMAN
1513
PENC� BUILDERS, INC~ --------------
�� S. WATERMAN
5912
DAVID DulLDERS'
--------------
9444
ROMEoO'O�DVAN
x S FOOD PRODUCTS --------------
--------------
tES 96 -175
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96 -175
FIRST ANIEND1-IENT TO FRANCHISE AGREEMENT
THIS FIRST A\,[ENDMENT TO FRANCHISE AGREEMENT made and entered into this
4day of 1r-:- 1996, by and between the CITY OF SAN BERNARDINO, a charter
V
city of the State of California ( "the City ") and Jack's Disposal, Inc., a California corporation
( "Grantee ");
WIINJES-aE_IH:
WHEREAS, the parties entered into that certain Franchise Agreement dated May 25, 1995,
for the collection, transportation, and disposal of solid waste and construction debris and for
providing temporary bin/rolloff services ( "the Franchise Agreement "), and
WHEREAS, Subsections A and F of Section 20 of said Agreement provided that
amendments and modifications could only be in writing, and
WHEREAS, the parties desire now to amend said agreement in order to specify, define and
clarify certain portions of said Agreement,
NOW, THEREFORE, the parties hereto agree as follows:
1. Subsection I of Section 2 of said Franchise Agreement is hereby amended to read as
I follows:
"I. 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 4.0 of
this Agreement. Said period must be separated by a minimum lapse of thirty
(3 0) days prior to renewal of `Temporary Bin' status for any service rendered
by Grantee at said location."
2. 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 W.
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 /tbm [Jacks.Agr]
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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 permitted to provide such service to said customer. However,
Grantee shall 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."
3. Subsection A of Section 6 of said Franchise Agreement is hereby amended to read as
follows:
"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 upon Grantee
which are greater than those included in any applicable recycling 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 O of Section 20 hereof
if the City so elects."
5. Subsection D is hereby added to Section 13 of said Franchise Agreement to read as
follows:
"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 1Jacks.Agr] 2
:ES 96 -175
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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 O 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
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."
7. Subsection O is hereby added to Section 20 of said Franchise Agreement to read as
I follows:
"O. 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 arty . If the purported breach is not cured or remedied within said
thirty (30) &y period to the reasonable satisfaction of the party declaring 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.
DAB /tbm [Jacks.Agr]
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fl.
First Amendment, Jack's Disposal, Inc. Franchise Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Franchise Agreement on the day and date first above shown.
ATTEST.
By
A 9-1 tL L� �ity�IerTc --
APPROVED AS TO FORIM
AND LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
W.
DAB /tbm [Jacks.Agrl
JACK'S DISPOSAL, INC.
"GRANTEE"
By
Weph(/Avakidn, President
CITY OF SAN BERNARDINO
By -1'1
orn Mayor
El
A,* :JL tKU111: UUMM 1C.l. WMzlIt w.. lU 'J'i0 `.l4'L `J'liLy10 "AGE 2/2
BURRTEC
WASTE INDUS*rwes, wo.
August 11, 1999
Mr- Lynn Merrill
Director of Public Services
City of San Bernardino
300 North !D' Street
San Bernardino, CA 92418
Re: Jack's Disposal, inc.
Change of Ownership of Franchise
Dear Lynn:
We understand that the current owners of Jack's Disposal have notified the City of their intent
to sell their interest in Jack's Disposal and Currans Rubbish to us. We also understand that
this change of ownership requires consent by the City Council as outlined in the Franchise
Agreement.
In order to assist you in this process, we are providing this letter of information.
The ownership of Jack's Disposal, Inc. will be acquired by Burr Group, Inc. Burr Group is
owned entirely by the Burr family. Ownership percentages are 90% Cole and Tracy Burr and
10% Ed and Sandy Burr. In different ownership structures the Burr's own EDCO Disposal,
Burrtec Waste Industries, Agua Mansa MRF and West Valley Recycling and Transfer.
The Burrs have through these companies and others demonstrated that they possess the
necessary management expertise, financial strength, and insurancelbonding capacity.
Moreover, the Burrs have operated their companies consistent with all Federal, State and
Local laws, and at all times in an environmentally safe and conscientious fashion.
We understand and agree that our trucks shall not contain or include the words 'San
Bernardino' nor use any color schemes or markings similar to those used by the City.
Burr Group, Inc. will continue the strong commitment of service to the customers of the Cfij
of San Bernardino as well as the involvement and participation in community activities.
We appreciate your timely review of our request_
Sincerely,
rrl
Vice President
Cc: Cole Burr
Joe Avakian
9890 Cherry • Fontana, California 92335 • 909- 429 -4200 • FAX 909 -42 , 4290