HomeMy WebLinkAbout2013-335 Franchise Agrmt - Recology
FRANCHISE AGREEMENT FOR SOLID WASTE MANAGEMENT AND
COLLECTION WITHIN THE CITY OF ASHLAND
Date: October 2013
Parties: Franchisor City of Ashland ("City")
Franchisee Recology Ashland Sanitary Services, Inc. ("Recology")
Recitals
A. The Ashland City Council enacted as of October 1, 2013 Ordinance 2013- ~O titled "An Ordinance
Creating a Franchise Agreement for Solid Waste Management & Collection within the City of Ashland and
Repealing Ordinances 2829, 2582 Relating to Previous Solid Waste Franchise Agreements and Terms," and
has approved related Administrative Operations Standards and Rules and rate structures and rate provisions
(hereinafter "City-Approved Solid Waste Management and Collection Documents").
B. Recology has been selected to be the provider of such services in the City and wishes to provide such
services.
NOW, THEREFORE, upon the mutual consideration described by this Agreement, including the covenants
and promises contained in the City-Approved Solid Waste Management and Collection Documents, the receipt
and sufficiency of which is acknowledged by the Parties, the City and Recology agree as follows:
Agreement
1. Recology will perform solid waste management collection services for the City in accordance with the terms,
standards, rules, and rates set forth in the City-Approved Solid Waste Management and Collection Documents.
2. Recology will be compensated for providing the aforesaid services as allowed in the City-Approved Solid
Waste Management and Collection Documents.
3. The initial term of this Agreement shall extend from December 1, 2013 through November 30, 2023, except
in the event of termination in accordance with Section 8 of Ordinance 2013-30& Each year after the initial
term, the Agreement shall renew automatically for the following period of seven years without further action by
either party, except in the event of termination in accordance with Section 8 of Ordinance 2013-32[D
4. This Agreement and the documents referenced herein constitute the entire agreement and supersede all prior
agreements and understandings, oral and written, between the parties hereto with respect to the subject matter of
this Agreement. There are no understandings, agreements, or representations, oral or written, not specified
herein regarding this Agreement.
5. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless it is
written and is executed by the party or parties against whom it is asserted. Such a waiver, consent, modification
or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure
of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or
any other provision or a modification of its right to a remedy for a subsequent breach of this Agreement.
Page 1 of 2
6. This Agreement has been entered into in the State of Oregon. The parties agree that the laws of the State of
Oregon shall be used in construing this Agreement and enforcing the rights and remedies of the parties.
7. The effective date of this Agreement shall be December 1, 2013.
FRANCHISOR: FRANCHISEE:
City of Ashland, an Oregon municipal Recology Ashland Sanitary Services, Inc., an
co tion Oregon corporation
By: w By:
Dave Kanner, Its PST" ~a
City Administrator
State of Oregon )
October ~ , 2013
County of Jackson )
I certify that I know or have satisfactory evidence that Dave Kanner signed this instrument, on both, stated
that he was authorized to execute the instrument and acknowledged it as the City Administrator of the City
of Ashland to be free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
OFFICIAL SEAL
DIANA R SHIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 454135 LZ&f~
MY COMMISSION EXPIRES NOVEMBER 28, 2014 Notary Public - State of Oregon
My Commission Expires:
State of Oregon )
October , 2013
County of Jackson )
I certify that I know or have satisfactory ev'd signed this instrument, on
both, stated that he or she was autho ' e e ute the instrument and acknowledged it as the
ecology Ashland Sanitary Services, Inc. to be free and
voluntary act of such party es and purposes mentioned in the instrument.
Notary Public - State of Oregon
ROE TO FORM My Commission Expires:
AshMnd City Attorney Page 2 of 2
Date 10- 2 - l-?
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cali rnia 1
County of
On rzA (3 before me.
Here Insert Nam ntl We of the Officer
D 4e
personally appeared YXO
0 Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
1 ROXANNE L. FRYE instrument the person(s), or the entity upon behalf of
71 - Commission s 1911121 which the person(s) acted, executed the instrument.
Notary Public - CONtmNa
San Francisco County I certify under PENALTY OF PERJURY under the laws
My Comm. Expires AA2 11, 20151 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and offici 1 seal.
re
Place Notary Seal Above Signatu Signature of Notary Publj
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and//reattachment of this form to anot er docu nent
Description of Attached Document" l^ r I.1
Title or Type of Doc ent. amz W
Document Date: Number of ~Pages:
Signer(s) Other Than Named Above: n`~^
Capacity(ies) Claimed by Signer(s)
Signer's Name. I&V Signer's Name:
❑ Individual P ^-b ❑ Individual
Corporate Officer -Title(s). l•C+" ❑ Corporate Officer -Title(s):
Partner - ❑ Limited ❑ General _ _ 1:1 Partner - ❑ Limited El General
fle Y-11011111
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
=t s in Signer Is Representing:
02007 NationalN Assoaation• 9350 De Soto Aee., P.O. Box 2402 -Chatsworth, CA 91313-2402• wmv.NationalNalary.org Item #5907 Reortler.Call Tall-Free 1-800.976-6927