Recology South Valley - Fourth Amendment to Gilroy Franchise Agreement (2022)FOURTH AMENDMENT TO THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF GILROY
AND RECOLOGY SOUTH VALLEY
This Fourth Amendment to the Franchise Agreement (“Fourth Amendment”) is entered
this 20th day of June, 2022, by and between the City of Gilroy (the “City”), a municipal
corporation of the State of California, and Recology South Valley (“Contractor”), a California
Corporation.
This Fourth Amendment is made with references to the following facts:
A. City and Contractor are currently parties to an Agreement dated September 2, 1997, as
amended from time to time (the “Franchise Agreement”), 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. The existing Agreement expires July
1, 2022.
B. City and Contractor are currently engaged in negotiations to establish a new franchise
agreement pursuant to which Contractor shall provide for solid waste collection and
management services and additional services to support compliance with SB 1383.
C. New franchise documents are nearly finalized but will not be ready for Council
consideration prior to the expiration of the current franchise.
NOW, THEREFORE, in consideration of the factual premises and the covenants and
conditions set forth in this Fourth Amendment, City and Contractor hereby agree as follows:
Section 18 (a) Commencement and Term shall be amended and replaced in its entirety by the
following:
18(a) Commencement and Term. This Agreement shall commence on the
Effective Date, but the Contractor’s services hereunder shall commence on July
9, 1997, or on such other date as the parties may mutually agree. The term of
this Agreement shall be eighteen (18) years and two months in addition to the
unexpired portion of the term of the present franchise agreement between the
parties, that is, until August 31, 2022.
All other terms of the Franchise Agreement, the First Amendment to the Agreement,
the Second Amendment to the Agreement, and the Third Amendment to the Agreement which
are not in conflict with the provisions of this Fourth Amendment shall remain unchanged in full
force and effect. In case of a conflict in the terms of the Franchise Agreement, the First
DocuSign Envelope ID: 7536EA61-9149-41E4-BB9F-CD4EDC325D99DocuSign Envelope ID: 6194939E-0FF2-4705-A673-5E677D8F1B61
Amendment to the Agreement, and the Second Amendment to the Agreement, the Third
Amendment to the Agreement and this Fourth Amendment, the provisions of this Fourth
Amendment shall control.
The Parties acknowledge and accept the terms and conditions of this Fourth
Amendment as evidenced by the following signatures of their duly authorized representatives.
It is the intent of the Parties that this Fourth Amendment shall become effective as of the date
first written above.
Dated: June 23, 2022
CITY OF GILROY
____________________________________
Marie Blankley, Mayor
____________________________________
Jimmy Forbis, City Administrator
APPROVED AS TO FORM:
CITY OF GILROY:
________________________________
Andy Faber, City Attorney
RECOLOGY SOUTH VALLEY
________________________________
Salvatore M. Coniglio, Chief Executive Officer
DocuSign Envelope ID: 7536EA61-9149-41E4-BB9F-CD4EDC325D99DocuSign Envelope ID: 6194939E-0FF2-4705-A673-5E677D8F1B61