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South Valley Disposal - 1997 Agreement - Amendment No. 2 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF GILROY AND SOUTH VALLEY DISPOSAL AND RECYCLING, INe. This Amendment to the Franchise Agreement dated September 2, 1997 the ("Second Amendment") is entered this I '1-rk day of June, 2000, by and between the City of Gilroy (the "City"), a municipal corporation of the State of California, and South Valley Disposal & Recycling, Inc. ("Contractor"), a California corporation. This Second Amendment is made with reference to the following facts: A. City and Contractor are currently parties to an Agreement Between City of Gilroy and South Valley Disposal & Recycling, Inc., dated September 2, 1997 (the "Franchise Agreemenf'), by which City granted to Contractor the exclusive franchise to collect, transport and dispose of garbage and refuse produced within the corporate limits of City. B. City and Contractor mutually desire to add to the "special services" required of Contractor under the Franchise Agreement the responsibility to perform street sweeping operations within the city limits. The removal of dirt and other litter from public streets constitutes the collection and handling of garbage and refuse within the City and is implemented to protect and promote the public health and safety. e. City and Contractor intend for Contractor's street sweeping operations to be governed by the general terms of the Franchise Agreement. Accordingly, they hereby amend the Franchise Agreement to add street sweeping obligations as herein described. NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions set forth in this Second Amendment, City and Contractor hereby agree as follows: 1. Exhibit "c" to the Franchise Agreement is amended by the addition of the following Section I: "I. Street Sweeping. "(a) Scope of Services. "(i) Contractor shall perform street sweeping operations using appropriate vehicles on all designated City streets, as identified by the City and approved by the Contractor, no less frequently than once every two weeks, weather permitting, except as provided below. "(ii) Contractor shall perform street sweeping operations using appropriate vehicles in City business districts and on arterial streets, as identified by the City and approved by the Contractor, no less frequently than once per week, weather permitting. "(iii) Contractor shall perform street sweeping operations using appropriate vehicles on certain City parking lots, as identified by the City and approved by the Contractor, no less frequently than once every two weeks, weather permitting. "(b) Performance Requirements. "(i) Contractor will provide sufficient equipment to guarantee uninterrupted service to City, at Contractor's sole cost and expense. Contractor shall maintain the equipment in good repair and operating condition and shall provide all fuel, lubricants, tires, and all materials and supplies for the operation thereof. Contractor, at its sole cost and expense, shall furnish competent personnel to operate all equipment and such other employees as required to furnish adequately the service required in this Section. "(ii) Contractor shall be solely responsible for disposal of all sweepings collected by Contractor in the performance of services pursuant to this Section. "(iii) Contractor shall not be required to perform street sweeping in any new subdivision or development in the City until the public improvements of the subdivision or development have been accepted by the City. "(iv) Contractor shall be provided with access and the materials necessary to obtain water from City water hydrants and shall be allowed to use such water as necessary to perform duties under this Section free of charge. "(c) Service Exclusions. Contractor and City agree that the street sweeping performed by Contractor pursuant to this Second Amendment shall be the collection and disposal of routine debris from streets. The following types of street sweeping are excluded from this Second Amendment: "(i) Street sweeping to clear debris from public emergencies and traffic accidents during non-operational hours; and "(ii) The clearing of hazardous waste. 2 "(d) Expense. In recognition of the additional expense of street sweeping services, the monthly rates otherwise charged to each residential and commercial customer of Contractor under this Franchise Agreement shall be increased by $0.84. This increase shall be in addition to any other compensation to which Contractor is entitled pursuant to this Franchise Agreement. The portion of the monthly rates provided for by this Section shall be adjusted pursuant to Section 1 O( e) in the same manner and at the same time as the rates and charges provided for in Section 10." IN WITNESS WHEREOF, the parties hereto sign this Second Amendment as of the date set forth at the beginning hereof. CITY OF GILROY: APPROVED AS TO FORM: CITY OF GILROY: /~;j ~7 /7 '. /' )) / )") , I~ ~'-- Linda Callon, City Attorney SOUTH VALLEY DISPOSAL AND RECYCLING, INC.: / 3 Gilroy_Rates SOUTH VALLEY DISPOSAL AND RECYCLING, INC. CITY OF GILROY RATES EFFECTIVE JULY 1, 2000 DESCRIPTION Rates 1. Residential and Multi-Familv Can Customers Onc1udina Recvclina) 1-Can 19.37 2-Cans 27.79 3-Cans 36.44 4-Cans 46.61 Each Additional Can 10.17 Extra Can/Bag Tag 4.07 Bulky Item Pickup (Plus Disposal Cost) 12.20 Toter Subscription Changes 10.17 Low Income Senior 1-Can 2-Cans 3-Cans 4-Cans Hillside 1-Can 2-Cans 3-Cans 4-Cans 2. Multi-Familv Bin Customer Recvcling Per Unit Charge For recycling service only (option to choose Commercial Service) 3. Commercial and Multi-Familv Bin Customer (Refuse) 1-Can 2-Cans 3-Cans 4-Cans Each Additional Can 4. Commercial Front Loader Service Rates 2 Yard F/L (1x1wk) 2 Yard F/L (2xIwk) 2 Yard F/L (3x1wk) 2 Yard F/L (4x1wk) 2 Yard F/L (5x1wk) 2 Yard F/L (6x1wk) 2 Yard F/L (on call) 3 Yard F/L (1x1wk) . 3 Yard F/L (2xIwk) 3 Yard F IL (3x1wk) 3 Yard F/L (4x1wk) Exhibit I 16.31 23.21 30.38 37.55 23.39 33.33 43.50 53.67 1.53 19.37 29.32 39.49 49.66 11.01 129.82 243.70 357.58 471.48 585.36 699.24 84.51 187.07 352.53 517.98 683.'\tr126/2000 8:27 AM Gilroy_Rates SOUTH VALLEY DISPOSAL AND RECYCUNG, INC. CITY OF GILROY RATES EFFECTIVE JULY 1, 2000 DESCRIPTION Rates 3 Yard F/L (5x1wk) 848.90 3 Yard F/L (6x1wk) 1,014.35 3 Yard F/L (on call) 120.48 4 Yard F/L (1x1wk) 250.92 4 Yard F/L (2xlwk) 474.68 4 Yard F/L (3x1wk) 698.44 4 Yard F/L (4x/wk) 922.20 4 Yard F/L (5x1wk) 1,145.96 4 Yard F/L (6x1wk) 1,369.72 4 Yard F/L (on call) 167.36 6 Yard F/L (1x1wk) 365.42 6 Yard F/L (2x1wk) 694.90 6 Yard F/L (3x1wk) 1,024.39 6 Yard F/L (4x/wk) 1,353.87 6 Yard F/L (5x1wk) 1,683.34 6 Yard F/L (6x1wk) 2,012.82 6 Yard FfL (on call) 229.44 Front Loader Special (per cubic yard) 13.95 5. Compactor Service Front Loader (per cubic yard) 29.82 Debris Box (per cubic yard) 25.94 3-yd F/L compactor (1x/wk) 388.34 3-yd F/L compactor (2xfwk) 775.84 3-yd F /L compactor (3x/wk) 1,163.34 6. Debris Box Rates 20 Cubic Yard Debris Box, 315.96 Per ton charge (over 3 tons) 61.02 40 Cubic Yard Debris Box, 526.52 Per ton charge (over 6 tons) 61.02 Debris Box Compactors 29.82 (per cubic yard of capacity) 20 Cubic Yard Debris Box (recyclable) 195.70 40 Cubic Yard Debris Box (recyclable) 346.35 7. Additifinal Street Sweeping M-F 8:00am-5:00pm (Per Hour) 75.00 Sat-Sun & outside regular collection times 500.00 call out plus 75.00 per hour Exhibit I 07/26/2000 8:27 AM