Agmt 2000 Alameda County Industries Inc ACI

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FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT made and entered into this 1 st day of February, 2000 between the City of San Leandro (hereinafter"the City") and Alameda County Industries, Inc., (hereinafter "the Contractor"). Unless otherwise specified in this Agreement any action authorized or required to betaken by the City may betaken by the City Council (hereinafter "Council") or by an official or agent designated by the Council. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste ManagementActof 19$9 and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, pursuantta the San Leandro Charter, San Leandro Municipal Code and California Public Resources Code Section 40059(a), the Council of the City has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise for solid waste, recycling and green waste services in the City; and WHEREAS, pursuant to the San Leandro Municipal Code and subject to the limited exceptions of the Code, solid waste and residential recycling service is universal and mandatary; and WHEREAS, San Leandro Municipal Code Title III, Chapters 6 and l and Public Resources Code Section 40059(a) authorize the granting of franchises for solid waste, recycling and green waste services; and WHEREAS, Alameda County Industries, Inc., ("ACI") is in the process of acquiring San Leandro Disposal, Inc., ("SLD") and San Leandro Recycling, Inc., ("SLR"). SLD and SLR currently hold exclusive franchises with the Cityforcommercial rubbish and residential and commercial recycling services respectively. In lieu of separate legislative action to approve the assignment of the SLD and SLR franchises, the City and ACI desire to enter into this comprehensive franchise for all solid waste, recycling and green waste services. It is the express intention of the parties that this Franchise shall exclusively govern the matters described herein and that the existing SLD and SLR agreements shall have no further farce and effect; and WHEREAS, the Council of the City has found and determined that it is not economically feasible to continue its municipal solid waste enterprise. AGREEMENT NOW, THEREFORE, intending to be legally bound, the parties agree as follows: r:~,.,pa~~~~~t~s~~2.wp~, ovovoo Page 1 of 59