HomeMy WebLinkAbout2003-28 - Terminating the Commercial Solid Waste Colleciton Franchise Agreement with Browning Ferris IndustriesRESOLUTION NO. 2003- 28
A RESOLUTION OF THE CITY. COUNCIL OF THE CITY
OF NEWPORT BEACH TERMINATING THE
COMMERCIAL SOLID WASTE COLLECTION
FRANCHISE AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND BROWNING FERRIS
INDUSTRIES
WHEREAS, on October 19, 1995, the City of Newport Beach granted a Non - exclusive
Franchise to Browning Ferris Industries for commercial solid waste collection services
( "Franchise Agreement "); and,
WHEREAS, on May 28, 2003, the City was notified that Browning Ferris Industries is
no longer operating within the City of Newport Beach; and,
WHEREAS, Browning Ferris Industries has requested, in writing, that the City
terminate the Franchise Agreement; and,
WHEREAS, the City Council has been presented with an agreement to terminate the
Franchise Agreement; and
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach
that:
1. The City Council hereby approves the termination of the Franchise Agreement with
Browning Ferris Industries. The Agreement to Surrender the Commercial Solid Waste
Collection Franchise Agreement between the City of Newport Beach and Browning Ferris
Industries attached hereto as Exhibit "A ", is hereby approved and the City Manager is
authorized to execute the Agreement as written.
Adopted this 24 th day of June 12003
Dated: June 25,...2003
ATTEST:
2
"CITY"
CITY OF NEWPORT BEACH,
A Municipal Corporation
EXHIBIT "A"
AGREEMENT TO SURRENDER
COMMERCIAL WASTE COLLECTION FRANCHISE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND BROWNING FERRIS
INDUSTRIES
This Agreement is entered into on this day, the day of
2003 and executed by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "CITY ") and BROWNING FERRIS INDUSTRIES (`FRANCHISEE ").
RECITALS
Pursuant to City Ordinance No. 95 -118, CITY and FRANCHISEE entered into a
Commercial Solid Waste Collection Franchise Agreement dated October 19, 1995
(`AGREEMENT ").
On May 28, 2003, CITY was notified that FRANCHISEE is no longer operating
within the CITY.
NOW THEREFORE, CITY and FRANCHISEE agree as follows:
1. The AGREEMENT is hereby terminated effective June 24, 2003 and shall
be of no further force and effect.
2. By signing this agreement, FRANCHISEE agrees to surrender all rights to
do business as Browning Ferris Industries to operate commercial solid waste collection
services within the City limits.
3. FRANCHISEE shall be liable for payment to the CITY of all applicable
fees associated with the FRANCHISEE's performance of solid waste collection services
performed during the term of this AGREEMENT through June 24, 2003 including but
not limited to the following:
a. Current and outstanding Franchise Fees
b. All applicable charges associated with late payment of Franchise
Fees pursuant to Section 4 of this AGREEMENT
C. All applicable charges associated with report delinquencies
pursuant to Section 6 of the AGREEMENT
4. FRANCHISEE agrees to submit any outstanding Disposal Reports per
Section 6 of the AGREEMENT including Quarterly Disposal Report for the activity
performed through June 24, 2003.
5. FRANCHISEE agrees that it has removed, or will remove within fifteen
days after City Council approval of this agreement all equipment from FRANCHISEE's
service locations within the City limits.
6. FRANCHISEE agrees that it will obtain a new franchise agreement with
the CITY prior to initiating future solid waste collection services within the City limits.
WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE
WRITTEN BELOW EACH SIGNATUE:
"CITY"
CITY OF NEWPORT BEACH,
A Municipal Corporation
Dated: By:
Homer Bludau
City Manager
ATTEST
LaVonne Harkless
City Clerk
���r0MI"
Browning Ferris Industries
By: _
Name:
Title:
Date:
APPROVED AS TO FORM:
Robin L. Clauson
Assistant City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Cathy Fisher, Deputy City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2003 -28 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
24th day of June, 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg
Noes: None
Absent: Nichols
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of June, 2003.
�Ey,,poRT Deputy City Clerk
o� o Newport Beach, California
(Seal)
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