HomeMy WebLinkAbout1993-08-24 - AGENDA REPORTS - SC REFUSE REMOVAL CO (2)AGENDA REPORT
CONSENT CALENDAR
DATE: August 24, 1993
Jeff Kolin, Deputy City Manager
SUBJECT: AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SANTA CLARITA AND ATLAS REFUSE REMOVAL CO., BLUE
BARREL DISPOSAL, AND SANTA CLARITA DISPOSAL CO. FOR
INTEGRATED WASTE MANAGEMENT FOR RESIDENTIAL
AREAS
DEPARTMENT: Public Works
At the regular City Council Meeting of July 13, 1993 Council adopted an Agreement
Between the City of Santa Clarita and Atlas Refuse Removal Company ("Atlas"), Blue Barrel
Disposal Company ("Blue Barrel') and Santa Clarita Disposal Company ("Santa Clarita")
For the Collection, Transportation, Recycling, Composting and Disposal of Commercial
Solid Waste ("Commercial Agreement"). The report indicated that a joint residential and
commercial performance bond provision would be forthcoming. In order to include'a
residential performance bond, the residential franchise agreement muse be amended.
An amendment to the agreement between the City of Santa Clarita and the franchised Haulers
for integrated waste management for residential areas ("Franchise Agreement") is necessary
in order to include a performance bond. The amendment would eliminate the existing cash
bond in Section 9A of the Franchise Agreement, and would include a performance bond.
The performance bonds will be valued at $100,000 for Atlas, $200,000 for Santa Clarita, and
$300,000 for Blue Barrel.
Adopt Resolution Number 93-111 amending the Franchise Agreement with the franchised
haulers to include a joint residential and commercial provision performance bond.
ATTACHMENTS
A. Resolution Number 93-111
Adopted: �T
AEUio e\jp erson -
gen a tfeM:t.
RESOLUTION NO. 93-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
AMENDING THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND ATLAS REFUSE REMOVAL CO., BLUE BARREL DISPOSAL AND
SANTA CLARITA DISPOSAL CO. FOR INTEGRATED WASTE MANAGEMENT
FOR RESIDENTIAL AREAS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 ("AB 939"), 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, AB 939 authorizes and requires local agencies to make adequate
provisions for solid waste handling, within their jurisdictions; and
. WHEREAS, City is obligated to protect the public health and safety of the residents
of the City of Santa Clarita by taking steps to enable solid waste haulers and recyclers to
make arrangements for the collection of solid wastes in a manner consistent with the
protection of public health and safety; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa
Clarita as follows:
Section 1. The City Council of the City of Santa Clarita hereby finds, determines,
and declares that the public convenience and necessity are served by the amendment of the
Agreement Between the City of Santa Clarita and Atlas Refuse Removal Co., Blue Barrel
Disposal, and Santa Clarita Disposal Co. for Integrated Waste Management for Residential
Areas which eliminates the existing cash bond provision and includes a performance bond, as
reflected in Exhibit B-93.
Section 2. The amendments by which, on
the City of Santa Clarita and Atlas Refuse Removal Co., Blue Barrel Disposal, and Santa
Clarita Disposal Co. are hereby ratified, confirmed and approved and are attached hereto and
are hereby incorporated into this resolution by reference as if fully and accurately included
herein.
Section 3. All prior resolutions and parts of resolutions in conflict with this
resolution are hereby rescinded.
PASSED, APPROVED AND ADOPTED. this day of , 1993.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
County of Los Angeles ) ss.
City of Santa Clarita )
I, Donna M. Grindey, City Clerk, hereby certify that the foregoing Resolution was
duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof,
held on the day of , 1993 by the following vote of the
Council:
AYES: COUNCU MEMMERS:
CITY CLERK
f.\home\jemerson\rs93-111
Exhibit B93
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
SANTA CLARA VALLEY REFUSE CO., INC. DBA BLUE
BARREL DISPOSAL FOR INTEGRATED
WASTE MANAGEMENT FOR RESIDENTIAL AREAS
This amendment ("Amendment") entered into this day of August, 1993, is to the
franchise agreement for the collection, transportation, recycling, composting and disposal of
solid waste, green wastes and recyclables ("Franchise Agreement") entered into between the
City of Santa Clarita ("City") and Santa Clara Valley Refuse Co., Inc. dba Blue Barrel
Disposal ("Grantee") which was executed by the parties on February 20, 1991.
The Franchise Agreement is therefore amended as follows:
Section 9 - CASH BOND AND INSURANCE of the Franchise Agreement shall be retitled
"PERFORMANCE BOND AND INSURANCE" and Section 9A shall be deleted and i
replaced with the following language.
"Section 9A Performance Bond
' Grantee shall provide to City a performance bond to guarantee the Grantee's faithful
performance of its obligations under this Agreement. The performance bond, which
shall be a bond issued by an admitted surety insurer, shall be in a principal sum of
not less than $300,000 and in a form approved by the City Attorney. If Grantee has
entered into a Commercial Solid Waste Agreement with the City, Grantee may
provide the City with a single performance bond to cover Grantee's performance bond
obligations under both Agreements."
(1) After thirty (30) days following Grantee's failure to pay the City an
amount owing under this Franchise Agreement plus maximum interest as permitted by
California State law, the performance bond may be assessed by the City. upon five (5)
days' prior written notice to the Grantee for purposes including, but not limited to:
(a) Failure of Grantee to pay the City sums due under the terms of
the Franchise Agreement;
(b) Reimbursement of costs borne by the City to correct Franchise
Agreement violations not corrected by Grantee, after due notice; and
(c) Monetary remedies or damages assessed against Grantee due to
' breach of Franchise Agreement;
a
1
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance bond to the original amount within thirty (30) days after notice from the
City that any amount has been withdrawn from the performance bond."
WITNESS the execution of this Amendment on the day and year written above.
ATTEST:
CITY OF SANTA CLAR]TA
By
Jan Heidt, Mayor
CITY OF SANTA CLARTTA
By
George Caravalho, City Manager
ACKNOWLEDGMENT
State of ��t—"'�" � C^-
County of
on ter, -`' 3before me, RICHAM D. CUTLER
DATE NAME, TITLE OF OFFICER- E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared
i
❑ personally known to me - OR
F157557m-
0-
CUTLER2739 zCat:funb a.'e�i _0 --NG QCOUNTY
�y1' Carm. Fx'±;r�. FEd 26. t 997
9d to me on the basis of satisfactory evidence
to be the person( whose nand is/aft
subscribed, to the within instrument and ac-
knowledged to me that hefst.executed
the same in his/l.authorized
capacity(ie=�—and that by his/hJr
signature(rllon the instrument the persons),
or the entity upon behalf of which the
person(o acted, executed the instrument.
my hand and official seal.
No. 5193
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document
❑ INDIVIDUAL
�cc0T OFFICERS)
St psUry T
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTfTY(IES)
A,,r,_ g/42it v:,
1 SIGNATURE OF NOTARY I
OPTIONAL SECTION
HI.3 CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 6 e uo Ac RAf-ac F,v
THE: DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES Z ?ArV DATE OF DOCUMENT
Though the data requested here is not required by law,
it coWµorevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
I
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance bond to the original amount within thirty (30) days after notice from the
City that any amount has been withdrawn from the performance bond."
WITNESS the execution of this Amendment on the day and year written above.
' ATTEST:
Donna M. Grindey, City Clerk
APPROVED AS TO FORM:
Carl Newton, City Attorney
CITY OF SANTA CLARITA
By
Jan Heidt, Mayor
CITY OF SANTA CLARITA
By s
George Caravalho, City Manager
t
SANTA CLARA VALLEY REFUSE CO., INC.
DBA BLUE BARREL DISPOSAL
By.
AMENDMENT TO AGREEMENT BETWEEN Exhibit B93
THE CITY OF SANTA CLARITA AND
ATLAS TRANSPORT, INC. DBA ATLAS REFUSE REMOVAL CO.
FOR INTEGRATED WASTE MANAGEMENT
FOR RESIDENTIAL AREAS
This amendment ("Amendment") entered into this day of August, 1993, is to the
franchise agreement for the collection, transportation, recycling, composting and disposal of
solid waste, green wastes and recyclables ("Franchise Agreement") entered into between the
City of Santa Clarita ("City") and Atlas Transport, Inc. dba Atlas Refuse Removal Co.
("Grantee") which was executed by the parties on February 20, 1991.
The Franchise Agreement is therefore amended as follows:
Section 9 - CASH BOND AND INSURANCE of the Franchise Agreement shall be retitled
"PERFORMANCE BOND AND INSURANCE" and Section 9A shall be deleted and s
replaced with the following language.
"Section 9A - Performance Bond
Grantee shall provide to City a performance bond to guarantee the Grantee's faithful
performance of its obligations under this Agreement. The performance bond, which
shall be a bond issued by an admitted surety insurer, shall be in a principal sum of
not less than $100,000 and in a form approved by the City Attorney. If Grantee has
entered into a Commercial Solid Waste Agreement with the City, Grantee may
provide the City with a single performance bond to cover Grantee's performance bond
obligations under both Agreements."
(1) After thirty (30) days following Grantee's failure to pay the City an
amount owing under this Franchise Agreement plus maximum interest as permitted by
California State law, the performance bond may be assessed by the City upon five (5)
days' prior written notice to the Grantee for purposes including, but not limited to:
(a) Failure of Grantee to pay the City sums due under the terms of
the Franchise Agreement;
(b) Reimbursement of costs borne by the City to correct Franchise
Agreement violations not corrected by Grantee, after due notice; and
(c) Monetary remedies or damages assessed against Grantee due to
breach of Franchise Agreement;
1
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance bond to the original amount within thirty (30) days after notice from the
City that any amount has been withdrawn from the performance bond."
WITNESS the execution. of this Amendment on the day and year written above.
ATTEST:
Donna M. Grindey, City Clerk
APPROVED AS TO FORM:
Carl Newton, City Attorney
CITY OF SANTA CLARITA
0
Jan Heidt, Mayor
CITY OF SANTA CLARiTA
George Caravalho, City Manager
ATLAS TRANSPORT, INC. DBA
ATLAS REFUSE REMOVAL CO.
By:
1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ACKNOWLEDGMENT
ss
On 99,5 before me Z -04"n 04X, Z,,V personally
appeared(_.f u� l:a4o personally known to me or proved to be the person who
executed the within ins rumt ei entitled AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF SANTA CLARITA AND ATLAS TRANSPORT, INC. DBA ATLAS REFUSE
REMOVAL CO. FOR INTEGRATED WASTE MANAGEMENT FOR RESIDENTIAL
AREAS on behalf of , a California corporation, and
acknowledged to me that such execution was pursuant to its bylaws or a resolution of its
board of directors.
DATE:
1
CORPORATE SEAL
OFFICIAL NOTARY SEAL
-o JO ANN WARREN
� . '.: Notary Pubflc— Calikmta
LDS ANGELES COUNTY
MY Coom. Exgres DECm.�
f:\home\jemerson\amendmnt.ad
Exhibit B93
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND
SANTA CLARITA DISPOSAL CO.
- FOR INTEGRATED WASTE
MANAGEMENT FOR RESIDENTIAL AREAS
This amendment ("Amendment") entered into this day of August, 1993, is to the
franchise agreement for the collection, transportation, recycling, composting and disposal of
solid waste, green wastes and recyclables ("Franchise Agreement") entered into between the
City of Santa Clarita ("City") and Santa Clarita Disposal Co. ("Grantee") which was
executed by the parties on February 20, 1991.
The Franchise Agreement is therefore amended as follows:
Section 9 - CASH BOND AND INSURANCE of the Franchise Agreement shall be retitled
"PERFORMANCE BOND AND INSURANCE" and Section 9A shall be deleted and r
replaced with the following language.
"Section 9A - Performance Bond
e Grantee shall provide to City a performance bond to guarantee the Grantee's faithful
performance of its obligations under this Agreement. The performance bond, which
shall be a bond issued by an admitted surety insurer, shall be in a principal sum of
not less than $200,000 and in a form approved by the City Attorney. If Grantee has
entered into a Commercial Solid Waste Agreement with the City, Grantee may _
provide the City with a single performance bond to cover Grantee's performance bond
obligations under both Agreements."
(1) After thirty (30) days following Grantee's failure to pay the City an
amount owing under this Franchise Agreement plus maximum interest as permitted by
California State law, the performance bond may be assessed by the City upon five (5)
days' prior written notice to the Grantee for purposes including, but not limited to:
(a) Failure of Grantee to pay the City sums due under the terms of
the Franchise Agreement;
(b) Reimbursement of costs borne by the City to correct Franchise
Agreement violations not corrected by Grantee, after due notice; and
(c) Monetary remedies or damages assessed against Grantee due to
breach of Franchise Agreement;
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance. bond to the original.amount within thirty (30) days after notice from the
City that any amount has been withdrawn from the performance bond."
WITNESS the execution of this Amendment on the day and year written above.
ATTEST:
State
n. IAL
County of AX
On before me,
DATE NAME
personally appeared J f-
OF
CITY OF SANTA .CLARITA
Jan Heidt, Mayor
CITY OF SANTA CLARITA
By
George Caravalho, City Manager
❑ personally known to me - OR - [ 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 ac-
knowledged 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.
SUSAN CAPUTO WI SS my hand and official seal.
-tz1 i. COMM. f 494745
Notary PuGfC — Carifornia a
LOS ANGELES COUNTY
My Comm, Expires MAY 12. 1997 �,
SIGNATURE OF NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is net required by law,
it could prevent fraudulent reattachment of this tone.
OPTIONAL SECTION
TITLE OR TYPE OF
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED
No. 5193
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
E] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184
t R,
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance bond to the original amount within thirty (30) days after notice from the
City that any amount has been withdrawn from the performance bond."
WITNESS the execution of this Amendment on the day and year written above.
1 ATTEST:
Donna M. Grindey, City Clerk
APPROVED AS TO FORM:
Carl Newton, City Attorney
CITY OF SANTA CLARITA
Jan Heidt, Mayor
CITY OF SANTA CLARITA
0
George Caravalho, City Manager
SANTA CLARITA DISPOSAL CO.
By: .:� 0��� -