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HomeMy WebLinkAbout2020-05-26 - AGENDA REPORTS - EXTENSION OF TEMPORARY BIN AND ROLL-OFF BOX FRANCH (2)O Agenda Item: 6 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: May 26, 2020 SUBJECT: EXTENSION OF TEMPORARY BIN AND ROLL -OFF BOX FRANCHISE AGREEMENTS DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council adopt a resolution approving fifth amendments with A-V Equipment Rentals, Inc.; USA Waste of California, Inc. (Blue Barrel/Waste Management); Burrtec Waste Industries, Inc.; Consolidated Disposal Service, LLC dba Republic Services; and Randfam Inc. (Rent -A -Bin); and a sixth amendment with Araco Enterprises, LLC (Athens Environmental Services), to extend the Temporary Bin and Roll -Off Box Franchise Agreements to June 30, 2021. BACKGROUND Pursuant to the California Integrated Waste Management Act of 1989 (AB 939) and in an effort to achieve its 50 percent diversion requirement, the City Council awarded franchise agreements for the purpose of providing temporary bin and roll -off box services within the City of Santa Clarita (City) in 2006. The current Temporary Bin and Roll -Off Box Franchise Agreements with six waste haulers, including A-V Equipment Rentals, Inc.; USA Waste of California, Inc. (Blue Barrel/Waste Management); Burrtec Waste Industries, Inc.; Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dba Republic Services; Randfam, Inc. (Rent -A -Bin); and Araco Enterprises, LLC (Athens Environmental Services) will expire on June 30, 2020. If the Council approves of a fifth amendment to these Agreements, and a sixth amendment with Araco Enterprises, LLC (Athens Environmental Services), this will extend the Agreements to June 30, 2021. Staff intends to bring an agenda item to the City Council in 2021 with an updated Temporary Bin and Roll -Off Franchise Agreement following a Request for Proposal process. Page 1 Packet Pg. 36 O ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None by this action. ATTACHMENTS Temporary Bin and Roll Off Amendment Resolution 2020 Page 2 Packet Pg. 37 RESOLUTION NO. 20- _______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FIFTH 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 SIXTH 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 of Santa Clarita’s (City) 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 May 8, 2018; 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, California, does hereby resolve as follows: SECTION 1. The City Council hereby approves those certain Fifth 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 Sixth 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, 2021, 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. th PASSED, APPROVED, AND ADOPTED this __ day of ________ 2020. ______________________________ MAYOR ATTEST: _______________________________ CITY CLERK DATE:__________________________ 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 20- ______ was duly adopted by the City Council of the City of Santa Clarita at a th special meeting thereof, held on the __ day of ________ 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ CITY CLERK 3 EXHIBIT A FIFTH 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-E This FIFTH 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 (Fifth Amendment) is entered into this ______ day of ______ 2020, 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, and amended by that certain Fourth Amendment dated May 8, 2018, (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 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, 2021, unless sooner terminated. 4 SECTION 2. 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 ___________________________________ Cameron Smyth Mayor ATTEST: _________________________________ Mary Cusick City Clerk APPROVED AS TO FORM: _______________________________ Joseph 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 is true and correct. WITNESS my hand and official seal. Signature_________________________________ Signature of Notary Public Place Notary Seal Above 6 FIFTH 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-E This FIFTH 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 (Fifth Amendment) is entered into this ______ day of ______ 2020, 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, and amended by that certain Fourth Amendment dated May 8, 2018, (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 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, 2021, unless sooner terminated. SECTION 2. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation ___________________________________ Cameron Smyth Mayor ATTEST: _________________________________ Mary Cusick City Clerk APPROVED AS TO FORM: _______________________________ Joseph 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 FIFTH 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-E This FIFTH 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 (Fifth Amendment) is entered into this ______ day of ______ 2020, 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, and amended by that certain Fourth Amendment dated May 8, 2018, (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 3. A. of the Agreement is hereby amended to read as follows: 10 A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2021, unless sooner terminated. SECTION 2. 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 __________________________________ Cameron Smyth Mayor ATTEST: _________________________________ Mary Cusick City Clerk APPROVED AS TO FORM: ______________________________ Joseph 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 FIFTH 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-E This FIFTH 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 (Fifth Amendment) is entered into this ______ day of ______ 2020, 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, and amended by that certain Fourth Amendment dated May 8, 2018, (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 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, 2021, unless sooner terminated. SECTION 2. Except as expressly set forth herein, all provisions of the Agreement are and remain in effect. 13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. CITY OF SANTA CLARITA A California Municipal Corporation ___________________________________ Cameron Smyth Mayor ATTEST: _________________________________ Mary Cusick City Clerk APPROVED AS TO FORM: _______________________________ Joseph Montes City Attorney 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 15 FIFTH 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-E This FIFTH 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 (Fifth Amendment) is entered into this ______ day of ______ 2020, 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, and amended by that certain Fourth Amendment dated May 8, 2018, (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 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, 2021, unless sooner terminated. SECTION 2. Except as expressly set forth herein, all provisions of the Agreement are and 16 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 ___________________________________ Cameron Smyth Mayor ATTEST: _________________________________ Mary Cusick City Clerk APPROVED AS TO FORM: _______________________________ Joseph Montes City Attorney 17 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 SIXTH AMENDMENT TO 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 Contract No. 06-00025-F This SIXTH AMENDMENT TO 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 (Sixth Amendment) is entered into this ______ day of ______ 2020, between the City of Santa Clarita, a California Municipal Corporation (City) and Araco Enterprises LLC. (Athens Environmental Services), to amend that certain Temporary Bin and Roll-Off Box Franchise Agreement between the City of Santa Clarita and Araco Enterprises LLC (Athens Environmental Services), 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, and amended by that certain Fifth Amendment dated May 8, 2018, (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, Araco Enterprises LLC. (Athens Environmental Services) 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 3. A. of the Agreement is hereby amended to read as follows: 19 A. Term: Collection services under this Agreement shall be provided commencing on January 1, 2006, and ending at midnight on June 30, 2021, unless sooner terminated. SECTION 2. 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 ___________________________________ Cameron Smyth Mayor ATTEST: _________________________________ Mary Cusick City Clerk APPROVED AS TO FORM: _______________________________ Joseph 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