HomeMy WebLinkAboutAllied Waste Services (now Republic Services) - Amendment No. 1 to Non-Exclusive Franchise for Roll-Off Collection ServicesAMENDMENT NO. 1
to the
NON EXCLUSIVE FRANCHISE AGREEMENT FOR ROLL-OFF COLLECTION SERVICES
CITY OF FRESNO, CALIFORNIA
TH|S AMENDMENT NO. 1 is made and entered the 28th Day of January, 2015, by and between
the CITY OF FRESNO, CALIFORNIA, a municipal corporation (hereinaiter referred to as"
Lessor") and Allied Waste Services of Norlh America I I C Bv Browninn-Fprrie I
Sole lt¡emOer of tne C , a California corporation, located at 5501 N. Golden State Blvd.,
Fresno, CA.,93722, (hereinafter referred to as "FRANCHISEE").
RECITALS
WHEREAS thc PArties entered into a NON EXCLUSIVE FRANCHISE AGREEMENT FoR
ROLL-OFF colLEcrloN SERVICES effective July 28,2011 (the "Agreement"); and
WHEREAS, the current term of the Agreement expires on June 30,2016; and
WHEREAS, Section 3.4 of the Agreement specifies that the City may, at its option, extend the
Agreement by up to five years by providing written notice to the Franchisee of its desire to do so
no less than 180 days prior to the termination of the agreement; and
WHEREAS, the City provided such notice by letter mailed December 28,2015, and Franchisee
desires extend the term of the Agreement, and to so evidence such desire to continue
performing its duties pursuant to the Agreement through June 30, 2021, by executing and
returning this Amendment No. 1 by no later than 150 days before the termination of the
Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises
herein contained, the Parties hereby agree as follows:
1. Pursuant to Section 3.4 of the Agreement, the term of Agreement shall be extended for a
period of five years, with amended term ending June 30, 2021.
2. Except as expressly provided in this Amendment No. 1, all other terms and provisions of
the Agreement shall continue in full force and effect.
il
il
il
CERTIFICATE OF SECRETARY
The undersþed, Secetary of Allied waste Services of North America, LLC, a
Delaware limited líabiJity company (the "Comp^ny'), does hereby cetti$r on behalf of
the Company, that Michael A. Caprio, is a duly elected Vice President of the
Company, that in such capacity he, the President or
ny
other Vice President of the
Company, can exetcise such po\Ä/er and perform such duties as usually accompanies
such offices, and implicit in such pou/ü is the authodty to execute the Anendment No. /
tu rhe Non Exclusiae Franchise Agrænent for Ro/l-Of Collection Smti¿vs with the City of
Fresno, State of Califotnia, and that there is no cuffent intention to remove him ftom
such offìce.
IN WITNESS WHEREOF, the undetsigned has heteunto set her hand this 9ù day of
Þebruary,201,6.
CERTIFICATE OF' SECRETARY
RELATING TO AMENDMENT NO. 1 TO THE
NON EXCLUSIVE FRANCHISE AGREEMBNT
FOR ROLL.OFF COLLECTION SERVICES
WITH THE CITY OF FRESNO
IN THE STATE OF CALIFORNIA
The undersigned, secrerary of ALLIED WASTE sERvrcEs oF NORTH
AMERTCA, LLC, a Delaware limited liability company (the ,,compâûy,,),
hereby
certifies that the following is a true and correct copy of the resolution which was duly
adopted by BROWNING-FERRIS INDUSTRIES, LLC, a Delaware limited liabiliry
company, the sole member of the Company (the "Member") by written consent of the
Member on July 75, 2011, that such resolution has not been rescinded, amended or
modified in any respect, and is in ful force and effect on the date hereof:
RESOLVED, that any individual at the time holding the position ofAreaPresident, Area Controller, or General Manager be, and each of tñem hereby ir, uppoir,t"¿
as. an Authorized Agent, to act in the name ¡nd on behalf of the Company; in ;onnectionwiththeday-to-day business activities of the Company, and further, in addition totheforegoingpositions, any Municipal Services Directór or Area Municipal Services
pointed as an Authorized Agent to execute
ed contract for services to be performed by
id, proposal or contract in accordance with
I further certify that KEITH R. HESTER holds the title of General Manager and in such
capacity has full authority to act in the name and on behalf of the Company as set forth in
the foregoing resolution.
WITNESS MY HAND, this 8th day of February,2016.
r, Secretary
lN WITNESS WHEREOF, the parties have executed this Amendment
Fresno, California, the day and year first above written.
CITY OF FRESNO, Allied Waste Services of North America, LLC
By Browning-Ferris Industries, LLC
Sole Member of the Company
By:
Name:r-/ t)
ATTEST:
WONNE SPENCE, CMC
City Clerk
Title:P.,y'"t¿- n,/ E-n,a
Chairman/P resA/ice Pres.)
By:
Name:
By: ¿
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
al corporation
lic Utilities
l/rt/,"