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HomeMy WebLinkAboutReso 1982-10936 RESOLUTION NO. 10936 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO GRANT A FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO CHULA VISTA SANITARY SERVICE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Chula Vista Sanitary Service, presently operating as the contract agent for the City of Chula Vista pursuant to the terms and conditions of that certain amended agreement as approved by Resolution No. 6105, dated April 6, 1971, has filed with the City Council of the City of Chula Vista an application requesting that a franchise be granted to it of the character and for the purposes mentioned in the form of notice hereinafter set forth, and WHEREAS, in the opinion of said Council, the public good requires that consideration of the granting of such franchise be undertaken, and WHEREAS, the City of Chula Vista wishes to determine the frequency and means of collection, level of service, charges and fees, nature, location, and extent of providing refuse collection within the City, and WHEREAS, it is in the opinion of this City Council that the public health, safety, and well being require a wholly exclusive franchise without competitive bidding for such services and said services are to be provided under contractual terms and conditions in substantially the form attached hereto, and WHEREAS, the franchise as approved by the Chula Vista Sanitary Service, is marked as Exhibit "A", and attached hereto and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista intends to consider the granting of said franchise, being the ordinance marked Exhibi t "A", that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth, which -1- the Clerk of the City is hereby directed to publish at least once within fifteen days after the passage of this resolution, in the Chula Vista Star News, a newspaper of general circulation within said City, and that said notice shall be in the following words and figures: NOTICE OF INTENTION TO GRANT FRANCHISE NOTICE IS HEREBY GIVEN that Chula Vista Sanitary Service has filed its application with the Council of the City of Chula Vista requesting said Council to grant it a franchise for a period of ten years, pursuant to the terms and conditions of Article XII of the Charter of the City of Chula Vista, to collect refuse in the City of Chula Vista. If said franchise shall be granted to it, said Chula Vista Sanitary Service, its successors and assigns, hereinafter designated Grantee, shall during the life thereof pay to said City 4-1/2% of the gross annual receipts of said Grantee arising from the use, operation, and possession of said franchise. Said percentage shall be paid annually from the date of the granting of the franchise applied for on a quarterly basis. First quarterly payment shall be made on October 1, 1982 and shall be for the period commencing upon the effective date of the franchise ordinance. Subsequent quarterly payments shall be made at three month intervals thereafter for the life of the franchise. In the event such payments shall not be made, said franchise shall be forfeited. Said City Council proposes to grant said franchise as requested for a period of ten years. Notice is hereby further given that any and all persons having any objections to the granting of said franchise may appear before said Council in the Council Chambers of said City at the hour of 7:00 p.m. on Tuesday, the 27th day of JUly, 1982, and be heard thereon. Notice is hereby further given that at any time not later than the hour so set for hearing objections any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and delivered to the City Clerk of said City and the Council shall at the time set for hearing said objections, proceed to hear and pass upon all protests so made. For further particulars, reference is hereby made to said Exhibit nA", which is the form of franchise ordinance on file in the office of the City Clerk by order of the City Council of the City of Chula vista. If,.. / t) f~7 /? -2- Notice is further given that said amended contract dated April 6, 1971 as approved by Resolution No. 6015 shall remain in full force and effect until the effective date of the franchise being considered herein. :-7?/}Za/ nnie M. Fulasz, Presented and Approved as to form by ~ '"i~.'Y';':' J ;, ... \-~- ...'" ": ~: .~- J -. .f:. George D. Lindberg, City Attorney 1/--/ LiCj.3f, -3- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA. this 8th day of July H~ 82 AYES: NAYES: ABSTAI N: ABSENT: . by the following vote, to-wit: Cox, Malcolm, Moore, McCandllss, Scott Councilmen Councilmen None COl.D'lcilmen None Councilmen None Mayo ATTEST ~ fhc}!i'J'~ V City Clerk ~(}" City of Chula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. lU936 , and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA GRANTING TO CHULA VISTA SANITARY SERVICE, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO COLLECT AND DISPOSE OF REFUSE AND TO USE THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA FOR SAID PURPOSE The City Council of the City of Chula Vista does ordain as follows: SECTION 1. Definitions. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Grantee" shall mean the Chula Vista Sanitary Service and its lawful successors or assigns. (b) "City" shall mean the City of Chula vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (c) "Streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways now or hereafter established within said city. (d) "Gross Receipts" shalt mean all gross operating revenues received by grantee from the collection and disposal of refuse within the City of Chula Vista. SECTION 2. purpose. The franchise to collect and dispose of refuse within the City of Chula Vista and to use for such purposes the public streets, ways and places within said City is hereby granted to Chula vista Sanitary Service, its successors and assigns. t-/Of3~ -1- EXHIBIT A - SECTION 3. Term. Said franchise shall be for the term of ten (10) years from and after the effective date herein or until the state or some municipal or public corporation duly authorized by law shall purchase by voluntary agreement all property actually used and useful in the exercise of said franchise, or until said franchise shall be forfeited for noncompliance with its terms as provided herein. During such term, Grantee shall have the exclusive right to collect and dispose of all refuse created, accumulated or produced within the City of Chula vista. SECTION 4. Consideration. The Grantee of said franchise shall during the term thereof pay to the City four and one-half percent (4-1/2%) of the gross annual receipts of said Grantee. It is understood that any legislative modification of said franchise fee shall be cause for review and renegotiation of the amount of the franchise fee at any time within the term of this franchise. -<"'SECTION 5. <C- ,. Reports, Dates of payment and City Audit. The Grantee shall file with the Clerk of said City on a quarterly basis commencing on October 1, 1982, and quarterly thereafter, a duly verified statement showing in detail the total gross receipts of such Grantee during the preceding quarter or fractional quarter from the collection and disposal of refuse within said City. Grantee shall pay to said City within fifteen (15) days after the time of filing of such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such quarter, or such fractional quarter, covered by such statement. Any neglect, omission or refusal by Grantee to file such verified statement or to pay such percentage at the time and in the manner specified shall be grounds for the declaration of a forfeiture of this franchise and all rights of Grantee hereunder. Compliance with Laws. SECTION 6. Grantee shall comply with all laws and regulations of the State of California and the City of Chula vista. Further Chapter 8.24 of the Chula vista Municipal Code is expressly made a part of this franchise and incorporated herein by reference as if set forth in full. Grantee and City agree to be bound by all -2- I? -/t>fSr ~;~~;?;-J~~i!i:,:i&t:;~+;~q;L:-?~~~~';~~~~~~i;~~~~~~~2*~~~~';':~~??f~f~;~:;~~~:;'::!~~~k~~r~%~Kq;:~~~~~~~~~~~;~~~,~~~~ provisions of such ordinance, or any amendments thereto, or other ordinances that might affect the collection or disposal of refuse in the City. It is understood that said ordinances are intended to be minimum standards and that higher standards and regulations may be required under the franchise. SECTION 7. Obligations of Grantee. Grantee undertakes and agrees, for the consideration hereinafter mentioned, to furnish: all labor, equipment, and vehicles (including adequate equipment and vehicles in a standby capacity to provide the service herein required in the event of a breakdown of equipment); insurance and bonds necessary to insure the efficient and timely picking up, collecting, removing and disposing of City refuse; and to collect, pick up, remove and dispose of, all refuse which is generated or accumulated by or upon all property within the City during the time that this franchise is in effect, except as herein otherwise provided and subject to and in accordance with the terms and provisions hereof. The collection and removal of said refuse by Grantee shall be, at all times during the term of this franchise performed to the satisfaction of the City Manager or his delegate who shall have the right to issue orders, directions and instructions to Grantee from time to time with respect to the collection, transpor- tation, and removal of refuse, the performance of Grantee's services hereunder, and the Grantee's compliance with the provisions of the ordinances of the City of Chula Vista as they now exist or may from time to time be amended, and Grantee agrees to comply therewith. Such collection and removal of refuse shall be done in a prompt, thorough, lawful and workmanlike manner. Grantee shall submit a deta~led plan of operation prior to beginning of his work pursuant to this franchise. It shall describe the routes to be established and shall contain details regarding servicing schedules, the equipment to be used, and alternate procedures to be followed in the event of severe weather or equipment failures. These details shall also include can size, bundle length, handling methods and other special operational requirements. Grantee shall provide and maintain at his own expense, a solid waste collection system capable of providing service to all entities in the City requiring, or required to avail itself of said service. Not less than one regular weekly collection shall be provided to each residential unit. Grantee shall provide bins as required for commercial customers or whenever other customers IP-J{)Y3~ -3- of Grantee request their use. Each bin shall be placed in an accessible, outside location on a hard Surface according to individual agreement. Grantee shall provide collection vehicles and equipment in amounts adequate to perform in accordance with its operational plan. Initially, and throughout the franchise term, the average age of all regularly assigned collection vehicles must be not more than four (4) years, and all must be radio controlled. Collection vehicles, containers, and other contractor furnished equipment must comply with the standards set forth in the Chula Vista Municipal Code. All refuse collected by Grantee shall become the property of Grantee immediately upon the collection thereof, and shall be forthwith removed and transported by Grantee to an approved place of disposal, which shall be provided, arranged for or furnished by Grantee. In the event Grantee fails, refuses, or neglects to collect~;:and dispose of refuse set out or placed for collection at the ti~-and in the manner herein required, City may collect and dispose of the same or cause the same to be collected and disposed of and Grantee shall be liable for all expenses incurrred in con- nection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Grantee. The collection and disposal of refuse by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude City from availing itself of additional remedies for Grantee's breach of contract. The following shall be considered legal holidays for purposes of this agreement: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any other days must have prior written approval from the City. When a regularly scheduled residential collection falls on a legal holiday, the collection for that day and succeeding days of that week shall be rescheduled one day later. Holiday disruptions of commercial collections shall be handled in a manner mutually agreeable to the Grantee and individual customers. Grantee agrees to provide and maintain litter containers for public areas and right-of-ways, and to empty and dispose of the contents as necessary. -4- t!? - / {)YcJ; Grantee shall prepare and furnish to all customers not less than four (4) days prior to the beginning of or change in service, schedules setting forth the days on which the collections shall be made. Notice shall be in such form as is first approved by the City Manager or his delegate. SECTION 8. Disposal Requirements. Grantee shall be obligated as set forth hereinabove to provide for the collection and the disposal of all refuse within the City of Chula Vista; provided, however, Grantee shall under- take the disposal of said refuse in accordance with specific direction of City if at any time during the period of this franchise, City shall determine that the public interest requires a disposal program differing from that which the Grantee has established. SECTION 9. Rates for Collection. City and Grantee mutually agree that the initial rates to be paid by the residents and industrial and commercial enter- prises in the City of Chula Vista shall be those as presently established by Resolution No. 10585 adopted on August 4, 1981; provided, however, that said initial rates shall be increased by an amount required by the increase in franchise fee as provided herein from the effective date of this franchise until January 1, 1983. Such rates shall remain in full force and effect until January 1, 1983; provided, however, the City Council of the City of Chula vista may at any time by amending Chapter 8.24 of the Chula vista Municipal Code, establish a program for preferential rates for senior citizens or other classifications which are deemed to be in the public interest. It is mutually agreed that the City Council of the City of Chula Vista shall have the authority and duty from time to time during the term of this franchise to review, act, establish and modify the rates and charges the Grantee may charge or collect from either single family residential, multiple family residen- tial, commercial or industrial users. The authority of the City Council except as provided herein shall be limited to fixing just, reasonable and sufficient rates and charges where the Council, after a hearing, finds from the evidence submitted and testimony offered, that the existing rates are insufficient, excessive, unjust, unreasonable, discriminatory or preferential, except as provided by ordinance, and then shall adopt a resolution establishing an appropriate rate structure. -5- ~/O~ SECTION 10. Insurance and Performance Bond. Grantee agrees, at Grantee's own expense, to carry comprehensive public liability and automobile liability insurance coverage during the full term of this franchise, with City also named as an additional insured thereunder, covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of Grantee, under this franchise in an amount not less than $1,000,000 for injuries including death to anyone person and in an amount not less than $5,000,000 for any one accident or occurrence, and property damage in an amount not less than $200,000. Grantee further agrees to carry, at Grantee's own expense, workers' compensation insurance in accordance with the laws of the State of California. All of said insurance policies, or certificates thereof, shall be deposited by Grantee with the City Manager together with endorsements or statements from the insuring companies providing that such policies will not be subject to cancellation, modification or reduction of the limits of the policy until ninety (90) days after written notice to the City by registered or certified mail. Such policies shall guarantee payment of any final judgment rendered against Grantee or the~ity within the coverage provided, irrespective of the financial condition of, or any acts or omissions of, said Grantee. All of said policies shall be subject to the approval of the City Manager. Grantee shall secure and deliver to City a twelve (12) month performance bond in the amount of $1,000,000 to secure the full, true and faithful performnce of all their terms, obligations and conditions of this franchise on the part of Grantee. Grantee shall present said bond together with a certificate from the surety showing payment in full for such bond, to the City Manager prior to the commencement of operations pursuant hereto, and provide a one-year renewal and certificate of payment prior to the start of each year of this agreement.. In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Grantee to provide such other insurance and/or bond as hereinabove provided, prior to the effective date of such cancellation or termination, this franchise may be suspended or terminated forthwith by City, by written notice thereof to Grantee. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by City in favor of Grantee by virtue of any such notice or notices or from any such suspension or termination. In the event -6- ff - / ()f~-1V' of such suspension or termination by City upon the failure of Grantee to secure and maintain on file said insurance and/or bond during the full term of this franchise, Grantee shall be liable for any and all damages suffered by City arising out of such suspension or termination. SECTION 11. Hold Harmless. Grantee of the franchise granted hereby shall indemnify, save and hold harmless, City and any officers and employees thereof against and from all damages, judgments, decrees, costs and expenditures which City, or such officer or employee, may suffer, or which may be recovered from, or obtainable against City, or such officers or employee, for, or by reason of, or growing out of or resulting from the exercising by Grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Grantee or its servants or agents in exercising the franchise granted hereby, and Grantee shall defend any suit that may be instituted against City, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by Grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Grantee, or its servants or agents, in exercising the franchise granted hereby. SECTION 12. Obligations of City. Except as hereinafter otherwise provided, Grantee shall have the sole right to pick up, gather, and remove refuse generated by residential and commercial property within the City except as otherwise provided in Section 8.24.080 of the Municipal Code and any other amendments thereto by the City until such time as this franchise is terminated as herein provided. City will not let any contract to, or enter into any contract with, any other person, firm, or corporation for the performance of the services herein required to be performed by Grantee, except as expressly otherwise herein provided, as long as this franchise is in effect. City shall protect Grantee's rights to such exclusive contract by proper ordinances, and by reasonable enforcement thereof. SECTION 13. Miscellaneous. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any -7- j\-/093~ breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. Any notice that may be given to Grantee under or with respect of this franchise shall be deemed to have been given when delivered to Grantee or to an officer of Grantee, personally or when sent to Grantee by registered or certified mail, postage prepaid, addressed to Grantee at: Chula vista Sanitary Service 311 F Street P. O. Box 967 Chula vista, Ca. 92012 City reserves the right to determine, in the exercise of its powers to provide for the public health and welfare, whether technological or other changes materially affect the necessity of or level of the service provided for hereunder, and, in such case, the level of service hereunder shall be adjusted by City, and this franchi~~ shall be reviewed and revised accordingly. ~ ,~~ SECTION 14. Forfeiture. This franchise is granted upon each and every condition herein contained, and shall ever be strictly construed against Grantee. Nothing shall pass by the franchise granted hereby to Grantee unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the franchise. If Grantee shall fail, neglect or refuse to comply with any of the conditions of the franchise granted hereby, and if such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith, then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and franchise granted in and by this ordinance, and all the rights, privileges and the franchise of Grantee granted hereby shall thereupon be at an end. Thereupon and immediately, Grantee shall surrender all rights and privileges in and to the the franchise granted hereby. No provision herein made for the purpose of securing the enforcement of the terms and conditions of the franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. -8- If- /OPqh Authority for Grant. SECTION 15. Notwithstanding any other provision herein contained, this franchise is granted solely and exclusively under Sections 1200, 1201, 1202, 1203, 1204, 1205 and 1206 of Article XII of the Charter of the City of Chula vista and no other authority. SECTION 16. Effective Date. This ordinance shall become effective thirty days after its final passage unless suspended by a referendum petition filed as provided by law. SECTION 17. Publication Costs. The Grantee of said franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within thirty (30) days after the City shall have furnished such Grantee with a written statement of such expense. SECTION 18. Written Acceptance. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the Grantee with the City Clerk. SECTION 19. Publication. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Chula vista Star News, a newspaper of general circulation published and circulated in said City. Presented and Approved as to form by George D. Lindberg, City Attorney -9- /f - / ()~q~