HomeMy WebLinkAbout17-81 CC Resolution RESOLUTION NO. 17-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDMENT NO. 6 TO THE
CITY'S SOLID WASTE FRANCHISE AGREEMENT WITH
CR&R, INC. FOR THE COLLECTION, TRANSPORTATION,
RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID
WASTE AND CONSTRUCTION DEBRIS AND FOR
PROVIDING TEMPORARY BIN/ROLLOFF SERVICES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1 . On May 28, 1991 the City and CR&R entered into that certain
agreement entitled "Agreement Between the City of Temecula and CR&R Incorporated,
for the Collection, Transportation, Recycling, Composting, and Disposal of Solid Waste
and Construction Debris and for Providing Temporary Bin/ Rolloff Services." This
agreement has since been amended five times on August 17, 1996, June 24, 1997, July
25, 2000, June 13, 2006, and Ocotber 27, 2015.
Section 2. The public health, safety, and well-being are served and the public
convenience and necessity are served by the amendments to the Franchise Agreement
set forth in this Sixth Amendment.
Section 3. The City Council of the City of Temecula hereby approves that
certain Amendment entitled "Amendment No. 6 to the City's Solid Waste Franchise
agreement with CR&R Inc. for the Collection, Transportation, Recycling, Composting, and
Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/Rolloff
Services." The Mayor and City Clerk are hereby authorized to execute and attest,
respectively, the Amendment, on behalf of the City in substantially the form attached
hereto as Exhibit A.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
on this 28rr' day of November, 2017.
( Maryann Edwards, Mayor
A T:
ic
Randi Johl, City Clerk
[SEAL]
Resos 17-81 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 17-81 was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 28th day of November, 2017, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Rahn, Stewart, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Naggar
Randi Johl, City Clerk
Resos 17-81 2
EXHIBIT A
Amendment No. 6 the to the City's Solid Waste Franchise Agreement with CR&R Inc.
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SIXTH AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND CR&R INCORPORATED, FOR THE COLLECTION,
TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF SOLID WASTE AND
CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ROLL OFF SERVICES
THIS SIXTH AMENDMENT to the Franchise Agreement is made and entered into as of
November 28, 2017 by and between the City of Temecula, a municipal corporation (hereinafter
referred to as "City"), and CR&R Incorporated (hereinafter referred to as "Grantee"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with the respect to the following facts and purposes:
• A. On May 28, 1991, the City and Grantee entered into that certain Agreement
entitled "Agreement Between the City of Temecula and CR&R Incorporated, for
the Collection, Transportation, Recycling, Composting and Disposal of Solid
Waste and Construction Debris and for Providing Temporary Bin/ Rolloff
Services."
B. The May 28, 1991 Agreement was amended by the parties on August 27, 1996,
June 24, 1997, July 25, 2000, June 13, 2006, and October 27, 2015. For
purposes of this Sixth Amendment the May 28, 1991 Franchise Agreement, as
amended on August 27, 1996, June 24, 1997, July 25, 2000, June 13, 2006, and
October 27, 2015 shall be referred to as the"Franchise Agreement".
C. The parties have determined that the public health, safety and wellbeing will be
served by the amendments to the Franchise Agreement set forth in this
Amendment Number Six.
2. Section 10 of the Agreement entitled "FRANCHISE TRANSFERRABLE; CITY
CONSENT REQUIRED", subsection 10D is hereby amended to read as follows:
"D. City Consent is required for any change in control of Grantee.
Change in control of Grantee' shall mean:
1) Any sale, transfer, or acquisition of Grantee or substantially all of
Grantee's assets; or
2) J. Alex Braicovich ceases to serve as the Senior Vice President of
Grantee's Eastern Region, or David Ronnenberg ceases to serve as
President or in such other capacities in which they are actively managing
either the Grantee or the parent business entity of Grantee or a related
business entity of Grantee, unless such reassignment or termination was
with the City's prior written consent; or
3) a sale, exchange or other transfer of outstanding stock of Grantee to a
third party provided said sale, exchange or transfer may result in a
change in control of Grantee.
Grantee acknowledges and agrees that J. Alex Braicovich is a key
person in Grantee's organization and has played a material role in
Grantee's compliance with the terms of this Franchise Agreement and in
Grantee providing high quality service in fulfilling its obligations pursuant
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' to this Franchise Agreement. Grantee shall notify the City within five (5)
business days of any event constituting a change in control of Grantee."
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA CR&R INCORPORATED
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Maryann Edwards, Mayor Clifford R, Ronnenberg
Chairman and CEO
ATTEST:
By: By:
Randi Johl, City Clerk David Ronnenberg
President
APPROVED AS TO FORM:
By:
Peter M.Thorson, City Attorney
CR&R Incorporated
Alex Braicovich
11292 Western Ave.
PO BOX 125
Stanton, CA 90680
800-826-9677
714-890-6347 Fax
alexb@crrmail.com
PM Initials:
Date:
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