Loading...
HomeMy WebLinkAbout2018-05-08 - RESOLUTIONS - TEMPORARY BIN AMD ROLL-OFF BOX SOLID WASTE SERVICE (2) RESOLUTION NO. 18-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FOURTH AMENDMENTS OF THE AGREEMENTS BETWEEN THE CITY OF SANTA CLARITA AND A-V EQUIPMENT RENTALS, INC., BURRTEC WASTE INDUSTRIES, INC., CONSOLIDATED DISPOSAL SERVICE, LLC. DBA REPUBLIC SERVICES, RANDFAM, INC. (RENT-A- BIN),AND USA WASTE OF CALIFORNIA INC. (BLUE BARREL/WASTE MANAGEMENT), AND THE FIFTH AMENDMENT OF THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND ARACO ENTERPRISES, LLC (ATHENS ENVIRONMENTAL SERVICES) FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, (AB 939), established a solid waste management process, which requires cities and other local jurisdictions to implement plans for source reduction, reuse, and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions; and WHEREAS, the City Council adopted Ordinance 09-4 on April 28, 2009,which made changes to the City's existing Integrated Waste Management Ordinance, codified as Chapter 15.44 of the Santa Clarita Municipal Code; and WHEREAS, Section 15.44.210 allows the City to establish by Resolution those categories of waste collection for which franchises are issued by the City; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS,the City had previously approved 10 non-exclusive franchises for the provision of services relating to Temporary Bin and Roll-Off Box services as of November 9, 2005, for a period of five years; and WHEREAS, the City approved extensions of the remaining six non-exclusive franchises, with the most recent being February 11,2016; and WHEREAS,the City declares its intention of maintaining a successful program to divert waste from landfills and effectively track waste for reporting purposes; and WHEREAS, the City desires to maintain the current six non-exclusive franchises of the Temporary Bin and Roll-Off Box Franchise to continue with their service to the City. 1 NOW, THEREFORE,the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The City Council hereby approves those certain Fourth Amendments, attached hereto as Exhibit A,to the current Temporary Bin and Roll-Off Box Franchises within the City for the following franchisees: A-V Equipment Rentals Inc., Burrtec Waste Industries Inc., Randfam Inc. (Rent-A-Bin), Consolidated Disposal Service, LLC dba Republic Services and USA Waste of California Inc. (Blue Barrel/Waste Management). SECTION 2. The City Council hereby approves that certain Fifth Amendment, attached hereto as Exhibit B,to the current Temporary Bin and Roll-Off Box Franchise within the City for Araco Enterprises, LLC. (Athens Environmental Services). SECTION 3. The Franchisees shall, upon execution of said Amendment by each franchisee,provide collection services under the Amended Agreements through midnight on June 30, 2020, unless sooner terminated, and post all required performance bonds, cash bonds, or letters of credit, as required by the Franchise Agreements. SECTION 4. Except as specifically identified in this resolution, the terms of the Agreements (including all prior Amendments thereto)remain in full force and effect. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED,AND ADOPTED this 8th day of May 2018. d3 /,./1 MAYOR ATTEST: CITY CLERK DATE: prof�1 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 18-15 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8th day of May 2018, by the following vote: AYES: COUNCILMEMBERS: Kellar, McLean, Miranda, Smyth, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LAA.e,u_s(4/ - CITY CLERK 3 EXHIBIT A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND A-V EQUIPMENT RENTALS, INC., FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES • Contract No. 06-00017-D This FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND A-V EQUIPMENT RENTALS, INC., FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES (Fourth Amendment) is entered into this day of 2018, between the City of Santa Clarita, a California Municipal Corporation (City) and A-V Equipment Rentals, Inc.,to amend that certain Temporary Bin and Roll-Off Box Franchise Agreement between the City of Santa Clarita and A-V Equipment Rentals, Inc., dated February 17, 2006, and amended by that certain First Amendment dated June 9, 2009, and amended by that certain Second Amendment dated March 2, 2011, and amended by that certain Third Amendment dated February 11, 2016, (as amended,the Agreement). RECITALS WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and • WHEREAS, on November 8, 2005, the City Council approved the issuance of 10 temporary bin and roll-off box franchises (Franchise Agreement)to assist the City with Assembly Bill 939 (AB 939) compliance; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS,the City may contract for the aforementioned removal activities; and WHEREAS, A-V Equipment Rentals Inc. has the requisite experience, equipment,and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE, the City and A-V Equipment Rentals, Inc., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 1. B. of the Agreement is hereby amended as follows: B. Grant of Franchise; Exclusions:A-V Equipment Rentals, Inc. and other solid waste enterprises granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport,process, recycle, compost, retain and dispose of all Temporary Bin and Roll-Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated within the City, at 4 premises in the City, except as provided below. The regular, continuous collection and disposal of residential solid waste in a cart or bin of a capacity no greater than four cubic yards from Single Family and Multi-Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate Residential Agreement. The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll-off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. SECTION 2. Section 3. A. of the Agreement is hereby amended to read as follows: A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2020, unless sooner terminated. SECTION 3. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation Lauren Weste Mayor ATTEST: Mary Cusick City Clerk APPROVED AS TO FORM: Joe Montes City Attorney 5 A-V EQUIPMENT RENTALS, INC. By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph istrue and correct: WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above 6 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES Contract No. 06-00010-D This FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES (Fourth Amendment) is entered into this day of 2018,between the City of Santa Clarita, a California Municipal Corporation (City) and Burrtec Waste Industries Inc., to amend that certain Temporary Bin and Roll-Off Box Franchise Agreement between the City of Santa Clarita dated February 17, 2006, and amended by that certain First Amendment dated June 9, 2009, and amended by that certain Second Amendment dated March 2, 2011, and amended by that certain Third Amendment dated February 11, 2016, (as amended, the Agreement). RECITALS WHEREAS,the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, on November 8, 2005, the City Council approved the issuance of 10 temporary bin and roll-off box franchises (Franchise Agreement)to assist the City with Assembly Bill 939 (AB 939) compliance; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Burrtec Waste Industries, Inc., has the requisite experience, equipment, and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE, the City and Burrtec Waste Industries Inc., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 1. B. of the Agreement is hereby amended to read as follows: B. Grant of Franchise; Exclusions: Burrtec Waste Industries Inc., and other solid waste enterprises granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport,process, recycle, compost, retain and dispose of all Temporary Bin and Roll-Off Solid Waste, as defined in this Agreement,produced, generated and/or accumulated within the City, at 7 premises in the City, except as provided below. The regular, continuous collection and disposal of residential solid waste in a cart or bin of a capacity no greater than four cubic yards from Single Family and Multi-Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate Residential Agreement. The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll-off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor,performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. SECTION 2. Section 3. A. of the Agreement is hereby amended to read as follows: A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2020, unless sooner terminated. SECTION 3. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation Lauren Weste Mayor ATTEST: Mary Cusick City Clerk APPROVED AS TO FORM: Joe Montes City Attorney 8 BURRTEC WASTE INDUSTRIES, INC. By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above 9 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND CONSOLIDATED DISPOSAL SERVICE, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA REPUBLIC SERVICES, FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES Contract No. 06-00008-D This FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND CONSOLIDATED DISPOSAL SERVICE, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA REPUBLIC SERVICES FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES (Fourth Amendment) is entered into this day of - 2018, between the City of Santa Clarita, a California Municipal Corporation(City) and Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dba Republic Services, to amend that certain Temporary Bin and Roll-Off Box Franchise Agreement between the City of Santa Clarita and Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dated February 17, 2006, and amended by that certain First Amendment dated June 9, 2009, and amended by that certain Second Amendment dated March 2, 2011, and amended by that certain Third-Amendment dated February 11, 2016, (as amended, the Agreement). RECITALS WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, on November 8, 2005, the City Council approved the issuance of 10 temporary bin and roll-off box franchises (Franchise Agreement)to assist the City with Assembly Bill 939 (AB 939) compliance; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dba Republic Services has the requisite experience, equipment, and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE, the City and Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dba Republic Services in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 1.B. of the Agreement is hereby amended to read as follows: 111 10 B. Grant of Franchise; Exclusions: Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dba Republic Services and other solid waste enterprises granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport, process, recycle, compost, retain and dispose of all Temporary Bin and Roll-Off Solid Waste., as defined in this Agreement,produced, generated and/or accumulated within the City, at premises in the City, except as provided below. The regular, continuous collection and disposal of residential solid waste in a cart or bin of a capacity no greater than four cubic yards from Single Family and Multi-Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate Residential Agreement. The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll-off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. SECTION 2. Section 3. A. of the Agreement is hereby amended to read as follows: A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2020, unless sooner terminated. SECTION 4. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation Lauren Weste Mayor ATTEST: Mary Cusick City Clerk • APPROVED AS TO FORM: Joe Montes City Attorney 11 CONSOLIDATED DISPOSAL SERVICE, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA REPUBLIC SERVICES By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above 12 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND RANDFAM, INC. (RENT-A-BIN), FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES Contract No. 06-00124-D This FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND RANDFAM, INC. (RENT-A-BIN), FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES (Fourth Amendment) is entered into this day of 2018, between the City of Santa Clarita, a California Municipal Corporation(City) and Randfam, Inc.(Rent-A-Bin),to amend that certain Temporary Bin and Roll- Off Box Franchise Agreement between the City of Santa Clarita and Randfam, Inc. (Rent-A-Bin) dated February 17, 2006, and amended by that certain First Amendment dated June 9, 2009, and amended by that certain Second Amendment dated March 2, 2011, and amended by that certain Third Amendment dated February 11, 2016, (as amended, the Agreement). RECITALS WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, on November 8, 2005, the City Council approved the issuance of 10 temporary bin and roll-off box franchises (Franchise Agreement)to assist the City with Assembly Bill 939 (AB 939) compliance; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Randfam Inc. (Rent-A-Bin), has the requisite experience, equipment, and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE, the City and Randfam, Inc. (Rent-A-Bin), in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 1. B. of the Agreement is hereby amended to read as follows: B. Grant of Franchise; Exclusions. Randfam, Inc., and other solid waste enterprises granted similar franchises, shall have an exclusive duty, right and privilege to collect,transport,process, recycle, compost, retain and dispose of all Temporary Bin and Roll-Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated within the City, at premises in the City, except as provided below. The regular, continuous collection and disposal of residential solid waste in a cart or bin of a capacity no greater than four cubic yards from Single Family and Multi-Family 13 Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate Residential Agreement. The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll-off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. SECTION 2. Section 3. A. of the Agreement is hereby amended to read as follows: A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2020, unless sooner terminated. SECTION 3. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation Laurene Weste Mayor ATTEST: Mary Cusick City Clerk APPROVED AS TO FORM: Joe Montes City Attorney 111 14 RANDFAM, INC. By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above I 15 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. (BLUE BARREL/WASTE MANAGEMENT), FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES Contract No. 06-00020-D This FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC. (BLUE BARREL/WASTE MANAGEMENT) FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES (Fourth Amendment) is entered into this day of 2018, between the City of Santa Clarita, a California Municipal Corporation(City) and USA Waste of California, Inc. (Blue Barrel/Waste Management), to amend that certain Temporary Bin and Roll-Off Box Franchise Agreement dated February 17, 2006, and amended by that certain First Amendment dated June 9, 2009, and amended by that certain Second Amendment dated March 2, 2011, and amended by that certain Third Amendment dated February 11, 2016, (as amended,the Agreement). RECITALS WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, on November 8, 2005,the City Council approved the issuance of ten temporary bin and roll-off box franchises (Franchise Agreement)to assist the City with Assembly Bill 939 (AB 939) compliance; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, USA Waste of California, Inc. (Blue Barrel/Waste Management), has the requisite experience, equipment, and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE,the City and USA Waste of California, Inc. (Blue Barrel/Waste Management), in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. SECTION 1. B. of the agreement is hereby amended to read as follows: B. Grant of Franchise; Exclusions: USA Waste of California, Inc. (Blue Barrel/Waste Management), and other solid waste enterprises granted similar franchises, shall have an exclusive duty, right and privilege to collect,transport,process, recycle, compost,retain and dispose of all Temporary Bin and Roll-Off Solid Waste, as defined in this Agreement,produced, generated and/or accumulated within the City, at premises in the City, except as provided below. The regular, 16 continuous collection and disposal of residential solid waste in a cart or bin of a capacity no greater than four cubic yards from Single Family and Multi-Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate Residential Agreement. The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll-off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor,performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. SECTION 2. Section 3. A. of the Agreement is hereby amended to read as follows: A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2020, unless sooner terminated. SECTION 3. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation Laurene Weste Mayor ATTEST: Mary Cusick City Clerk APPROVED AS TO FORM: Joe Montes City Attorney 17 r USA WASTE OF CALIFORNIA, INC. (WASTE MANAGEMENT) By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above 18 EXHIBIT B FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND ARACO ENTERPRISES LLC FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES Contract No. 06-00025-E This FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND ARACO ENTERPRISES LLC FOR TEMPORARY BIN AND ROLL-OFF BOX SOLID WASTE MANAGEMENT SERVICES (Fifth Amendment) is entered into this day of 2018, between the City of Santa Clarita, a California Municipal Corporation(City) and Araco Enterprises LLC., to amend that certain Temporary Bin and Roll-Off Box Franchise Agreement between the City of Santa Clarita and Araco Enterprises LLC, dated February 17, 2006, and amended by that certain First Amendment dated June 9, 2009, and amended by that certain Second Amendment dated March 2, 2011, and amended by that certain Third Amendment dated March 10, 2015, and amended by that certain Fourth Amendment dated February 11, 2016, (as amended, the Agreement). RECITALS 111 WHEREAS,the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, on November 8, 2005, the City Council approved the issuance of 10 temporary bin and roll-off box franchises (Franchise Agreement)to assist the City with Assembly Bill 939 (AB 939) compliance; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Araco Enterprises LLC. has the requisite experience, equipment, and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE, the City and Araco Enterprises LLC., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Section 1. B. of the Agreement is hereby amended to read as follows: B. Grant of Franchise; Exclusions: Araco Enterprises LLC., and other solid waste enterprises granted similar franchises, shall have an exclusive duty, right and privilege to collect, transport,process, recycle, compost, retain and dispose of all Temporary Bin and Roll-Off Solid Waste, as defined in this Agreement, produced, generated and/or accumulated within the City, at 19 premises in the City, except as provided below. The regular, continuous collection and disposal of residential solid waste in a cart or bin of a capacity no greater than four cubic yards from Single Family and Multi-Family Residences or other similar places is not within the scope of this Agreement, but is within the scope of a separate Residential Agreement. The collection and disposal of Construction and Demolition Materials from residential and commercial premises through the use of roll-off or other Bins is within the scope of this Agreement. However, accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor, e.g., a roofing contractor, performing work within the scope of the contractor's license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the contractor, is not within the scope of this Agreement. SECTION 2. Section 3. A. of the Agreement is hereby amended to read as follows: A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2020, unless sooner terminated. SECTION 3. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation Laurene Weste Mayor ATTEST: Mary Cusick City Clerk APPROVED AS TO FORM: Joe Montes City Attorney 20 ARACO ENTERPRISES, LLC. By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above ,, 21 4