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HomeMy WebLinkAbout2009-06-09 - AGENDA REPORTS - FIRST AMEND BIN ROLL OFF BOX (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by June 9, 2009 Travis Lange D FIRST AMENDMENT TO TEMPORARY BIN AND ROLL -OFF BOX FRANCHISES ADDING SECTION 25 - ACTIVITIES FOR THE IMPOUNDMENT OF NON -FRANCHISED HAULERS Public Works RECOMMENDED ACTIONS 1. City Council adopt a resolution to approve the First Amendment to the six current Non -Exclusive Temporary Bin and Roll -Off Box Franchisees to add Section 25 - Activities for the Impoundment of Non -Franchised Haulers. 2. Establish and increase Revenue Account 100-4571.021 by $15,000, and appropriate an ongoing amount of $15,000 to Account 14601-5161.001 (Solid Waste Contractual Services) beginning Fiscal Year 2009-10. BACKGROUND 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 AB 939 compliance. Based on various circumstances, including mergers and purchases, there are 6 Franchisees remaining in this program. This Franchise program has been essential for the City to meet the diversion mandates of AB 939. In 2008, the program recycled 60 percent of the materials collected, which totaled over 25,130 tons of materials being diverted from solid waste landfills. A significant challenge to this program is the presence of non -franchised haulers doing business within City limits. Non -franchised haulers have no incentive to divert the materials they collect. Non -franchised haulers have not indemnified the City should an incident occur. Additionally, non -franchised haulers deprive the franchised haulers of revenue, which also costs the City revenue in the form of Franchise fees which are used to cover the costs of repairing streets. AOM: ,eSO. 0 t4/ In order to respond to that challenge, the City Council adopted an ordinance amending in its entirety Chapter 15.44 (Integrated Waste Management) of the Santa Clarita Municipal Code on April 28, 2009. Section 15.44.755 gives the City the ability to impound containers from haulers removing waste from within City limits without a valid Franchise Agreement. The process for impounding containers was discussed at the March 10, 2009, and March 31, 2009, Waste Diversion Subcommittee meetings. An outline of the impound process identified in the Santa Clarita Municipal Code is attached. The process for impounding the bin of a non -franchised hauler may require the physical removal of the container from the property. The City does not have the equipment to remove the container of non -franchised haulers, should that become necessary. As such, staff is proposing to amend the Non -Exclusive Temporary Bin and Roll -Off Box Franchises to include this service as a voluntary program of the Franchise Agreement. The impoundment program is designed to be revenue neutral. Staff is recommending that Revenue Account 100-4571.021 be established to deposit impound fees received from non -franchised haulers. In addition, staff is requesting an appropriation of $15,000 to Account 14601-5161.001. These funds will be used to reimburse the haulers for their services. The impound fees charged to the non -franchised haulers are designed to cover the associated costs to administer the impound program and reimburse the haulers for collection and storage of the container. The fees will also cover the cost to dispose and/or recycle the materials remaining in the container. If the bin is not claimed by the non -franchised hauler, staff will auction the container to the highest bidder through a public auction process or sell the container for its scrap value. Staff has researched the revenue generated from the sale of the used container to ensure adequate funds will be generated to continue the program. City staff met with the franchised haulers on May 12, 2009, to get their comments on the language. All the franchised haulers indicated that they are willing to participate in this program. The City Attorney has also reviewed the attached amendment. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Revenue Account 100-4571.021 is being established and increased by $15,000 based on the anticipated fees to be collected from non -franchised haulers to reclaim their impounded bin or the revenue for the sale or salvage on the impounded container. The appropriation of $15,000 to Account 14601-5161.001 (Solid Waste Contractual Services) will cover the cost to reimburse franchised haulers for their services relating to the impounding of illegal containers. The revenue and expenditures from this program will balance to be revenue neutral. Z ATTACHMENTS Impoundment Process Resolution First Amendment - AN Equipment Rentals First Amendment - Blue Barrel First Amendment - Burrtec Waste Industries First Amendment - Consolidated Disposal First Amendment - Crown Disposal First Amendment - Rent A Bin 3 Non -Franchised Hauler Impoundment Process 1. City is alerted to the presence of a non -franchised hauler operating within City limits. 2. City staff visits the site of the lion -franchised hauler, affixes a Notice of Violation to the container, and takes photographs of the violation. 3. City staff sends a Notice of Violation to the non -franchised hauler giving them 10 business days to remove the identified container and any other container the non- franchised enterprise may have present within City limits. 4. If the container is removed within the 10 business day period, no impoundment is necessary. However, should the City be notified that non -franchised hauler is present again within a 12 -month period following the date of the Notice of Violation, the City may impound the container immediately upon discovery. 5. If the container is not removed and the container is located within the public right-of- way, City staff will contact one of the franchised temporary bin and roll -off box haulers to remove the bin per Section 25 of their franchise agreement. City staff will send a Notice After Impoundment alerting the non -franchised hauler that their container has been impounded and instructing them how to get their container back. 6. Any impounded container will be stored at the yard of the franchised hauler that impounded the bin. . 7. Unclaimed containers will be publicly auctioned or sold for its scrap value, whichever is the most cost effective at the given time. Any container identified in the public right of way which is unmarked or marked but is not legible, the City may impound that bin immediately upon discovery. Wrl RESOLUTION 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENTS BETWEEN THE CITY OF SANTA CLARITA AND A-V EQUIPMENT RENTALS INC., BURRTEC WASTE INDUSTRIES, INC., USA WASTE OF CALIFORNIA INC., RANDFAM, INC., CROWN DISPOSAL CO., INC., AND CONSOLIDATED DISPOSAL SERVICES, L.L.C., FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the _City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, A-V Equipment Rentals Inc., Burrtec Waste Industries, Inc., USA Waste Of California Inc., Randfam, Inc., Crown Disposal Co., Inc., and Consolidated Disposal Services, L.L.C. have the requisite experience, equipment, and insurance to undertake such removal activities at the direction of the City. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The City Council does hereby find, determine, and declare pursuant to California Public Resources Code Section 40059(a)(1) and Section 7 of Article 11 of the California Constitution that the public health, safety, and well-being require approval of that certain "First Amendment to A-V Equipment Rentals Inc., Burrtec Waste Industries, Inc., USA Waste Of California Inc:, Randfam, Inc., Crown Disposal Co., Inc., and Consolidated Disposal Services, L.L.C. For Temporary Bin and Roll -Off Box Solid Waste Management Services" (the First Amendment), a copy of which is attached. The Mayor -or designee is authorized to execute the First Amendment on behalf of the City and such First Amendment is hereby approved. R ti SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this _ day of 2009. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do 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 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 09 - adopted by the City Council of the City of Santa Clarita, California on , 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2009. Sharon L. Dawson, MMC City Clerk an Susan Caputo, CMC Deputy City Clerk FIRST 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 This FIRST 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, (First Amendment) is entered into this day of 2009, between the City of Santa Clarita, 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." (the Agreement), dated February 8, 2006. RECITALS WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; 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. Add Section 25 to read as follows. Section 25. Activities for the Impoundment of Non -Franchised Haulers A. Pre -Impoundment Procedures. The Santa Clarita Municipal Code Section 15.44.755 calls for the impoundment of containers belonging to solid waste enterprises operating within City limits that do not have a valid Franchise Agreement with the City. The City will undertake all required pre -impoundment notice and procedures prior to requesting the removal of an Illegal Temporary Bin or Roll -Off Box (collectively "Illegal Container" for purposes of this Section 25). I� B. Process to Assign the Collection of Illegal Containers. The City will determine which Franchised Hauler is assigned to remove each Illegal Container identified by the City; provided, however, that only Franchised Haulers in compliance with all aspects of their Franchise will be assigned. No action regarding the impoundment of Illegal Containers may be taken unless expressly authorized by City staff in writing. C. Removal, Servicing, and Storage of Illegal Containers. At the City's request, A-V Equipment Rentals Inc. shall do the following with respect to an Illegal Container: 1. Respond within 30 minutes of being notified by the City that the Illegal Containers present and should be removed. A-V Equipment Rentals Inc. must provide an email address and a telephone number to the City to use in notifying A-V Equipment Rentals Inc. of an Illegal Container. 2. Remove the Illegal Container within two hours of being notified by the City. 3. Alert the City once the Illegal Container has been collected. 4. Recycle and/or dispose of the contents of the Illegal Container. A-V Equipment Rentals Inc. shall make a good -faith effort to divert the materials in the Illegal Container. The tonnages from the Illegal Container(s) shall be reported on the Franchisee's regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. If the material collected is not recyclable and it causes A-V Equipment Rentals Inc. to be deemed out of compliance with the minimum diversion requirements set forth in this Agreement, the City may exempt these waste tonnages. Provide the City with an invoice from the facility used to recycle and/or dispose of the materials. The facility utilized must be permitted by the California Integrated Waste Management Board and may include a landfill, materials recovery facility (MRF), transfer station, composting facility, construction and demolition recycling facility, and/or a recycling center that meets the requirements of the California Integrated Waste Management Board regulations (Title 14, Division 7, Chapter 3, Article 6). The facility's invoice(s) shall outline the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including actual tipping fees, taxes, and any related fees. It is the duty of A-V Equipment Rentals Inc. to keep detailed and accurate records of the costs associated with the work identified in this outline. Only actual costs will be charged to the Non -Franchised Hauler, and thus, only actual costs will be reimbursed. 6. House the Illegal Container at the A-V Equipment Rentals Inc.'s facility for a selected time period, not to exceed 90 days. During such time, the A-V Equipment Rentals Inc. shall be responsible for protection of the Illegal Container to ensure it is not damaged, as well as be responsible for any and all injuries or damages that may be caused by the Illegal Container while in the possession of the A-V Equipment Rentals Inc. The A-V Equipment Rentals Inc. shall agree to defend and indemnify the City in this regard pursuant to Section 17 herein. 7. Provide a location where the Illegal Container may be reclaimed. 8. A-V Equipment Rentals Inc. shall have space adequate at their facility to house a minimum of five impounded Illegal Containers of varying sizes at any given time. 9. Arrange for the return of the Illegal Container to the Non -Franchised Hauler, if all required fees are paid to the City and the City indicates, in writing, that the Illegal Container may be returned. It is not the duty of A-V Equipment Rentals Inc. to deliver the Illegal Container back to its owner. 10. Provide the City access to the Illegal Container for its removal or disposal, or otherwise transport the Illegal Container to a location within the City at the City's direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. D., Disposal of Illegal Container. If an impounded Illegal Container is not reclaimed or otherwise redeemed pursuant to the requirements of Chapter 15.77 of the Santa Clarita Municipal Code, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same, or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, the A-V Equipment Rentals Inc. may bid at such sale for the Illegal Container. E. 'Reimbursement of Costs. Prior to the final disposition of an impounded Illegal Container, A-V Equipment Rentals Inc. shall submit an invoice to the City detailing any removal, transport, and storage related costs associated with housing the Illegal Container on a per -day basis. Removal, transport, and storage cost reimbursement will not exceed the rates for such activity as approved by the City Council. City shall reimburse A-V Equipment Rentals Inc. for such costs within 90 days of the impoundment of the container(s). F. Removal from Circulation List. The City understands that there may be circumstances which present themselves that would make the impoundment of Illegal Container infeasible for A-V Equipment Rentals Inc. Should this occur, A-V Equipment Rentals Inc. may request to pass on the collection of any particular Illegal Container. If A-V Equipment Rentals Inc. makes two (2) requests to pass during a 12 -month period, the City may remove A-V Equipment Rentals Inc. from the list of Haulers eligible to impound Illegal Containers for the City. EN IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor ATTEST: Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney IN (Signatures on next page) State of California County of On Date personally appeared _ Place Notary Seal Above A-V EQUIPMENT RENTALS INC. [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] before me, Here Insert Name and Title of the Officer 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. S Signature of Notary Public /z FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA INC. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES This FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA INC. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES, (First Amendment) is entered into this day of 2009, between the City of Santa Clarita, California Municipal Corporation (City) and USA Waste of California Inc., to amend that certain "Temporary Bin and Roll -Off Box Franchise Agreement between the City of Santa Clarita and USA Waste of California Inc." (the Agreement), dated March 22, 2006. RECITALS WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, USA Waste of California Inc. 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., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Add Section 25 to read as follows. Section 25. Activities for the Impoundment of Non -Franchised Haulers A. Pre -Impoundment Procedures. The Santa Clarita Municipal Code Section 15.44.755 calls for the impoundment of containers belonging to solid waste enterprises operating within City limits that do not have a valid Franchise Agreement with the City. The City will undertake all required pre -impoundment notice and procedures prior to requesting the removal of an Illegal Temporary Bin or Roll -Off Box (collectively "Illegal Container" for purposes of this Section 25). 13 B. Process to Assign the Collection of Illegal Containers. The City will determine which Franchised Hauler is assigned to remove each Illegal Container identified by the City; provided, however, that only Franchised Haulers in compliance with all aspects of their Franchise will be assigned. No action regarding the impoundment of Illegal Containers may be taken unless expressly authorized by City staff in writing_ C. Removal, Servicing, and Storage of Illegal Containers. At the City's request, USA Waste of California Inc. shall do the following with respect to an Illegal Container: Respond within 30 minutes of being notified by the City that the Illegal Containers present and should be removed. USA Waste of California Inc. must provide an email address and a telephone number to the City to use in notifying USA Waste of California Inc. of an Illegal Container. 2. Remove the Illegal Container within two hours of being notified by the City. 3. Alert the City once the Illegal Container has been collected. 4. Recycle and/or dispose of the contents of the Illegal Container. USA Waste of California Inc. shall make a good -faith effort to divert the materials in the Illegal Container. The tonnages from the Illegal Container(s) shall be reported on the Franchisee's regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. If the material collected is not recyclable and it causes USA Waste of California Inc. to be deemed out of compliance with the minimum diversion requirements set forth in this Agreement, the City may exempt these waste tonnages. Provide the City with an invoice from the facility used to recycle and/or dispose of the materials. The facility utilized must be permitted by the California Integrated Waste Management Board and may include a landfill, materials recovery facility (MRF), transfer station, composting facility, construction and demolition recycling facility, and/or a recycling center that meets the requirements of the California Integrated Waste Management Board regulations (Title 14, Division 7, Chapter 3, Article 6). The facility's invoice(s) shall outline the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including actual tipping fees, taxes, and any related fees. It is the duty of USA Waste of California Inc. to keep detailed and accurate records of the costs associated with the work identified in this outline. Only actual costs will be charged to the Non -Franchised Hauler, and thus, only actual costs will be reimbursed. 6. House the Illegal Container at the USA Waste of California Inc.'s facility for a selected time period, not to exceed 90 days. During such time, the USA Waste of California Inc. shall be responsible for protection of the Illegal Container to ensure it is not damaged, as well as be responsible for any and all injuries or /'f damages that may be caused by the Illegal Container while in the possession of the USA Waste of California Inc. The USA Waste of California Inc. shall agree to defend and indemnify the City in this regard pursuant to Section 17 herein. 7. Provide a location where the Illegal Container may be reclaimed. 8. USA Waste of California Inc. shall have space adequate at their facility to house a minimum of five impounded Illegal Containers of varying sizes at any given time. 9. Arrange for the return of the Illegal Container to the Non -Franchised Hauler, if all required fees are paid to the City and the City indicates, in writing, that the Illegal Container may be returned. It is not the duty of USA Waste of California Inc. to deliver the Illegal Container back to its owner. 10. Provide the City access to the Illegal Container for its removal or disposal, or otherwise transport the Illegal Container to a location within the City at the City's direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. D. Disposal of Illegal Container. If an impounded Illegal Container is not reclaimed or otherwise redeemed pursuant to the requirements of Chapter 15.77 of the Santa Clarita Municipal Code, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same, or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, the USA Waste of California Inc. may bid at such sale for the Illegal Container. E. Reimbursement of Costs. Prior to the final disposition of an impounded Illegal Container, USA Waste of California Inc. shall submit an invoice to the City detailing any removal, transport, and storage related costs associated with housing the Illegal Container on a per -day basis. Removal, transport, and storage cost reimbursement will not exceed the rates for such activity as approved by the City Council. City shall reimburse USA Waste of California Inc. for such costs within 90 days of the impoundment of the container(s). F. Removal from Circulation List. The City understands that there may be circumstances which present themselves that would make the impoundment of Illegal Container infeasible for USA Waste of California Inc. Should this occur, USA Waste of California Inc. may request to pass on the collection of any particular Illegal Container. If USA Waste of California Inc. makes two (2) requests to pass during a 12 -month period, the City may remove USA Waste of California Inc. from the list of Haulers eligible to impound Illegal Containers for the City. 1S IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor ATTEST: Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney an (Signatures on next page) USA WASTE OF CALIFORNIA INC. [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 satlsfactoly evidence to be the person(s) whose name(s) is/arc 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 /7 FIRST 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 This FIRST 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, (First Amendment) is entered into this day of 2009, between the City of Santa Clarita, 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 and Burrtec Waste Industries, Inc." (the Agreement), dated February 14, 2006. RECITALS WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; 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. Add Section 25 to read as follows. Section 25. Activities for the Impoundment of Non -Franchised Haulers A. Pre -Impoundment Procedures. The Santa Clarita Municipal Code Section 15.44.755 calls for the impoundment of containers belonging to solid waste enterprises operating within City limits that do not have a valid Franchise Agreement with the City. The City will undertake all required pre -impoundment notice and procedures prior to requesting the removal of an Illegal Temporary Bin or Roll -Off Box (collectively "Illegal Container" for purposes of this Section 25). B. Process to Assign the Collection of Illegal Containers. The City will determine which Franchised Hauler is assigned to remove each Illegal Container identified by the City; provided, however, that only Franchised Haulers in compliance with all aspects of their Franchise will be assigned. No action regarding the impoundment of Illegal Containers may be taken unless expressly authorized by City staff my writing. C. Removal, Servicing, and Storage of Illegal Containers. At the City's request, Burrtec Waste Industries, Inc. shall do the following with respect to an Illegal Container: 1. Respond within 30 minutes of being notified by the City that the Illegal Containers present and should be removed. Burrtec Waste Industries, Inc. must provide an email address and a telephone number to the City to use in notifying Burrtec Waste Industries, Inc. of an Illegal Container. 2. Remove the Illegal Container within two hours of being notified by the City. 3. Alert the City once the Illegal Container has been collected. 4. Recycle and/or dispose of the contents of the Illegal Container. Burrtec Waste Industries, Inc. shall make a good -faith effort to divert the materials in the Illegal Container. The tonnages from the Illegal Container(s) shall be reported on the Franchisee's regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. If the material collected is not recyclable and it causes ,Burrtec Waste Industries, Inc. to be deemed out of compliance with the minimum diversion requirements set forth in this Agreement, the City may exempt these waste tonnages. 5. Provide the City with an invoice from the facility used to recycle and/or dispose of the materials. The facility utilized must be permitted by the California Integrated Waste Management Board and may include a landfill, materials recovery facility (MRF), transfer station, composting facility, construction and demolition recycling facility, and/or a recycling center that meets the requirements of the California Integrated Waste Management Board regulations (Title 14, Division 7, Chapter 3, Article 6). The facility's invoice(s) shall outline the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including actual tipping fees, taxes, and any related fees. It is the duty of Burrtec Waste Industries, Inc. to keep detailed and accurate records of the costs associated with the work identified in this outline. Only actual costs will be charged to the Non -Franchised Hauler, and thus, only actual costs will be reimbursed. 6. House the Illegal Container at the Burrtec Waste Industries, Inc.'s facility for a selected time period, not to exceed 90 days. During such time, the Burrtec Waste Industries, Inc. shall be responsible for protection of the Illegal Container to ensure it is not damaged, as well as be responsible for any and all injuries or P9 damages that may be caused by the Illegal Container while in the possession of the Burrtec Waste Industries, Inc.. The Burrtec Waste Industries, Inc. shall agree to defend and indemnify the City in this regard pursuant to Section 17 herein. 7. Provide a location where the Illegal Container may be reclaimed. 8. Burrtec Waste Industries, Inc. shall have space adequate at their facility to house a minimum of five impounded Illegal Containers of varying sizes at any given time. 9. Arrange for the return of the Illegal Container to the Non -Franchised Hauler, if all required fees are paid to the City and the City indicates, in writing, that the Illegal Container may be returned. It is not the duty of Burrtec Waste Industries, Inc. to deliver the Illegal Container back to its owner. 10. Provide the City access to the Illegal Container for its removal or disposal, or otherwise transport the Illegal Container to a location within the City at the City's direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. D. Disposal of Illegal Container. If an impounded Illegal Container is not reclaimed or otherwise redeemed pursuant to the requirements of Chapter 15.77 of the Santa Clarita Municipal Code, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same, or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, the Burrtec Waste Industries, Inc. may bid at such sale for the Illegal Container. E. Reimbursement of Costs. Prior to the final disposition of an impounded Illegal Container, Burrtec Waste Industries, Inc. shall submit an invoice to the City detailing any removal, transport, and storage related costs associated with housing the Illegal Container on a per -day basis. Removal, transport, and storage cost reimbursement will not exceed the rates for such activity as approved by the City Council. City shall reimburse Burrtec Waste Industries, Inc. for such costs within 90 days of the impoundment of the container(s). F. Removal from Circulation List. The City understands that there may be circumstances which present themselves that would make the impoundment of Illegal Container infeasible for Burrtec Waste Industries, Inc.. Should this occur, Burrtec Waste Industries, Inc. may request to pass on the collection of any particular Illegal Container. If Burrtec Waste Industries, Inc. makes two (2) requests to pass during a 12 -month period, the City may remove Burrtec Waste Industries, Inc. from the list of Haulers eligible to impound Illegal Containers for the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney 51 (Signatures on next page) pq/ State of California County of On Date personally appeared _ Place Notary Seal Above BURRTEC WASTE INDUSTRIES, INC. [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] before me, Here Insert Name and Title of the Officer 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 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND CONSOLIDATED DISPOSAL SERVICES, L.L.C. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES This FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND CONSOLIDATED DISPOSAL SERVICES, L.L.C. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES, (First Amendment) is entered into this day of 2009, between the City of Santa Clarita, California Municipal Corporation (City) and Consolidated Disposal Services, L.L.C., to amend that certain "Temporary Bin and Roll -Off Box Franchise Agreement between the City of Santa Clarita and Consolidated Disposal Services, L.L.C." (the Agreement), dated January 25, 2006. RECITALS WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Consolidated Disposal Services, L.L.C. 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 Services, L.L.C., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Add Section 25 to read as follows. Section 25. Activities for the Impoundment of Non -Franchised Haulers A. Pre -Impoundment Procedures. The Santa Clarita Municipal Code Section 15.44.755 calls for the impoundment of containers belonging to solid waste enterprises operating within City limits that do not have a valid Franchise Agreement with the City. The City will undertake all required pre -impoundment notice and procedures prior to c� requesting the removal of an Illegal Temporary Bin or Roll -Off Box (collectively "Illegal Container" for purposes of this Section 25). B. Process to Assign the Collection of Illegal Containers. The City will determine which Franchised Hauler is assigned to remove each Illegal Container identified by the City; provided, however, that only Franchised Haulers in compliance with all aspects of their Franchise will be assigned. No action regarding the impoundment of Illegal Containers may be taken unless expressly authorized by City staff in writing_ C. Removal, Servicing, and Storage of Illegal Containers. At the City's request, Consolidated Disposal Services, L.L.C. shall do the following with respect to an Illegal Container: Respond within 30 minutes of being notified by the City that the Illegal Containers present and should be removed. Consolidated Disposal Services, L.L.C. must provide an email address and a telephone number to the City to use in notifying Consolidated Disposal Services, L.L.C. of an Illegal Container. 2. Remove the Illegal Container within two hours of being notified by the City. 3. Alert the City once the Illegal Container has been collected. 4. Recycle and/or dispose of the contents of the Illegal Container. Consolidated Disposal Services, L.L.C. shall make a good -faith effort to divert the materials in the Illegal Container. The tonnages from the Illegal Container(s) shall be reported on the Franchisee's regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. If the material collected is not recyclable and it causes Consolidated Disposal Services, L.L.C. to be deemed out of compliance with the minimum diversion requirements set forth in this Agreement, the City may exempt these waste tonnages. Provide the City with an invoice from the facility used to recycle and/or dispose of the materials. The facility utilized must be permitted by the California Integrated Waste Management Board and may include a landfill, materials recovery facility (MRF), transfer station, composting facility, construction and demolition recycling facility, and/or a recycling center that meets the requirements of the California Integrated Waste Management Board regulations (Title 14, Division 7, Chapter 3, Article 6). The facility's invoice(s) shall outline the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including actual tipping fees, taxes, and any related fees. It is the duty of Consolidated Disposal Services, L.L.C. to keep detailed and accurate records of the costs associated with the work identified in this outline. Only actual costs will be charged to the Non -Franchised Hauler, and thus, only actual costs will be reimbursed. UFA 6. House the Illegal Container at the Consolidated Disposal Services, L.L.C.'s facility for a selected time period, not to exceed 90 days. During such time, the Consolidated Disposal Services, L.L.C. shall be responsible for protection of the Illegal Container to ensure it is not damaged, as well as be responsible for any and all injuries or damages that may be caused by the Illegal Container while in the possession of the Consolidated Disposal Services, L.L.C. The Consolidated Disposal Services, L.L.C. shall agree to defend and indemnify the City in this regard pursuant to Section 17 herein. 7. Provide a location where the Illegal Container may be reclaimed. Consolidated Disposal Services, L.L.C. shall have space adequate at their facility to house a minimum of five impounded Illegal Containers of varying sizes at any given time. 9. Arrange for the return of the Illegal Container to the Non -Franchised Hauler, if all required fees are paid to the City and the City indicates, in writing, that the Illegal Container may be returned. It is not the duty of Consolidated Disposal Services, L.L.C. to deliver the Illegal Container back to its owner. 10. Provide the City access to the Illegal Container for its removal or disposal, or otherwise transport the Illegal Container to a location within the City at the City's direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. D. Disposal of Illegal Container. If an impounded Illegal Container is not reclaimed or otherwise redeemed pursuant to the requirements of Chapter 15.77 of the Santa Clarita Municipal Code, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same, or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, the Consolidated Disposal Services, L.L.C. may bid at such sale for the Illegal Container. E. Reimbursement of Costs. Prior to the final disposition of an impounded Illegal Container, Consolidated Disposal Services, L.L.C. shall submit an invoice to the City detailing any removal, transport, and storage related costs associated with housing the Illegal Container on a per -day basis. Removal, transport, and storage cost reimbursement will not exceed the rates for such activity as approved by the City Council. City shall reimburse Consolidated Disposal Services, L.L.C. for such costs within 90 days of the impoundment of the container(s). F. Removal from Circulation List. The City understands that there may be circumstances which present themselves that would make the impoundment of Illegal Container infeasible for Consolidated Disposal Services, L.L.C. Should this occur, Consolidated Disposal Services, L.L.C. may request to pass on the collection of any C2. particular Illegal Container. If Consolidated Disposal Services, L.L.C. makes two (2) requests to pass during a 12 -month period, the City may remove Consolidated Disposal Services, L.L.C. from the list of Haulers eligible to impound Illegal Containers for the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor ATTEST: Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney ME (Signatures on next page) State of California County of On Date personally appeared _ Place Notary Seal Above CONSOLIDATED DISPOSAL SERVICES, L.L.C. [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] before me, Here Insert Name and Title of the Officer 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 ,;)-7 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND CROWN DISPOSAL CO., INC. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES This FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND CROWN DISPOSAL CO., INC. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES, (First Amendment) is entered into this day of 2009, between the City of Santa Clarita, California Municipal Corporation, (City) and Crown Disposal Co., Inc., to amend that certain "Temporary Bin and Roll -Off Box Franchise Agreement between the City of Santa Clarita and Crown Disposal Co., Inc." (the Agreement), dated February 17, 2006. RECITALS WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal,, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Crown Disposal Co., Inc. has the requisite experience, equipment, and insurance to undertake such removal activities, at the direction of the City. NOW THEREFORE, the City and Crown Disposal Co., Inc., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Add Section 25 to read as follows. Section 25. Activities for the Impoundment of Non -Franchised Haulers A. Pre -Impoundment Procedures. The Santa Clarita Municipal Code Section 15.44.755 calls for the impoundment of containers belonging to solid waste enterprises operating within City limits that do not have a valid Franchise Agreement with the City. The City will undertake all required pre -impoundment notice and procedures prior to requesting the removal of an Illegal Temporary Bin or Roll -Off Box (collectively "Illegal Container" for purposes of this Section 25). ,:: IQ Y, B. Process to Assign the Collection of Illegal Containers. The City will determine which Franchised Hauler is assigned to remove each Illegal Container identified by the City; provided, however, that only Franchised Haulers in compliance with all aspects of their Franchise will be assigned. No action regarding the impoundment of Illegal Containers may be taken unless expressly authorized by City staff in writing_ C. Removal, Servicing, and Storage of Illegal Containers. At the City's request, Crown Disposal Co., Inc. shall do the following with respect to an Illegal Container: 1. Respond within 30 minutes of being notified by the City that the Illegal Containers present and should be removed. Crown Disposal Co., Inc. must provide an email address and a telephone number to the City to use in notifying Crown Disposal Co., Inc. of an Illegal Container. 2. Remove the Illegal Container within two hours of being notified by the City. 3. Alert the City once the Illegal Container has been collected. 4. Recycle and/or dispose of the contents of the Illegal Container. Crown Disposal Co., Inc. shall make a good -faith effort to divert the materials in the Illegal Container. The tonnages from the Illegal Container(s) shall be reported on the Franchisee's regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. If the material collected is not recyclable and it causes Crown Disposal Co., Inc. to be deemed out of compliance with the minimum diversion requirements set forth in this Agreement, the City may exempt these waste tonnages. 5. Provide the City with an invoice from the facility used to recycle and/or dispose of the materials. The facility utilized must be permitted by the California Integrated Waste Management Board and may include a landfill, materials recovery facility (MRF), transfer station, composting facility, construction and demolition recycling facility, and/or a recycling center that meets the requirements of the California Integrated Waste Management Board regulations (Title 14, Division 7, Chapter 3, Article 6). The facility's invoice(s) shall outline the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including actual tipping fees, taxes, and any related fees. It is the duty of Crown Disposal Co., Inc. to keep detailed and accurate records of the costs associated with the work identified in this outline. Only actual costs will be charged to the Non -Franchised Hauler, and thus, only actual costs will be reimbursed. 6. House the Illegal Container at the Crown Disposal Co., Inc.'s facility for a selected time period, not to exceed 90 days. During such time, the Crown Disposal Co., Inc. shall be responsible for protection of the Illegal Container to ensure it is not damaged, as well as be responsible for any and all injuries or damages that may be caused by the Illegal Container while in the possession of the Crown Disposal Co., Inc. The Crown Disposal Co., Inc. shall agree to defend and indemnify the City in this regard pursuant to Section 17 herein. 7. Provide a location where the Illegal Container may be reclaimed. 8. Crown Disposal Co., Inc. shall have space adequate at their facility to house a minimum of five impounded Illegal Containers of varying sizes at any given time. 9. Arrange for the return of the Illegal Container to the Non -Franchised Hauler, if all required fees are paid to the City and the City indicates, in writing, that the Illegal Container may be returned. It is not the duty of Crown Disposal Co., Inc. to deliver the Illegal Container back to its owner. 10. Provide the City access to the Illegal Container for its removal or disposal, or otherwise transport the Illegal Container to a location within the City at the City's direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. D. Disposal of Illegal Container. If an impounded Illegal Container is not reclaimed or otherwise redeemed pursuant to the requirements of Chapter 15.77 of the Santa Clarita Municipal Code, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same, or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, the Crown Disposal Co., Inc. may bid at such sale for the Illegal Container. E. Reimbursement of Costs. Prior to the final disposition of an impounded Illegal Container, Crown Disposal Co., Inc. shall submit an invoice to the City detailing any removal, transport, and storage related costs associated with housing the Illegal Container on a per -day basis. Removal, transport, and storage cost reimbursement will not exceed the rates for such activity as approved by the City Council. City shall reimburse Crown Disposal Co., Inc. for such costs within 90 days of the impoundment of the container(s). F. Removal from Circulation List. The City understands that there may be circumstances which present themselves that would make the impoundment of Illegal Container infeasible for Crown Disposal Co., Inc. Should this occur, Crown Disposal Co., Inc. may request to pass on the collection of any particular Illegal Container. If Crown Disposal Co., Inc. makes two (2) requests to pass during a 12 -month period, the City may remove Crown Disposal Co., Inc. from the list of Haulers eligible to impound Illegal Containers for the City. 30 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor ATTEST: Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney (Signatures on next page) 31 CROWN DISPOSAL CO., INC. [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 ofthe Officer personally appeared Names) 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(les), 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 Placc Notary Seal Above 3a FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND RANDFAM, INC. FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES This FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND RANDFAM, INC. FOR TEMPORARY BIN AND ROLL- OFF BOX SOLID WASTE MANAGEMENT SERVICES, (First Amendment) is entered into this day of 2009, between the City of Santa Clarita, California Municipal Corporation (City) and Randfam, Inc., to amend that certain "Temporary Bin and Roll -Off Box Franchise Agreement between the City of Santa Clarita and Randfam, Inc." (the Agreement), dated April 25, 2006. RECITALS WHEREAS, on April 28, 2009, the City Council of the City of Santa Clarita (City) adopted Ordinance 09-04, which, among other things, set forth an enforcement mechanism to address illegal, non -franchised waste hauling activities; and WHEREAS, Section 15.44.755 of the Santa Clarita Municipal Code, as set forth in Ordinance 09-04, provides that as part of the aforementioned enforcement mechanisms, the City may cause illegally placed temporary bin and roll -off boxes to be removed from public rights-of-way under certain circumstances; and WHEREAS, the City may contract for the aforementioned removal activities; and WHEREAS, Randfam, Inc. 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., in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. Add Section 25 to read as follows. Section 25. Activities for the Impoundment of Non -Franchised Haulers A. Pre -Impoundment Procedures. The Santa Clarita Municipal Code Section 15.44.755 calls for the impoundment of containers belonging to solid waste enterprises operating within City limits that do not have a valid Franchise Agreement with the City. The City will undertake all required pre -impoundment notice and procedures prior to requesting the removal of an Illegal Temporary Bin or Roll -Off Box (collectively "Illegal Container" for purposes of this Section 25). B. Process to Assign the Collection of Illegal Containers. The City will determine which Franchised Hauler is assigned to remove each Illegal Container identified by the City; provided, however, that only Franchised Haulers in compliance with all aspects of their Franchise will be assigned. No action re ar�ding the impoundment of Illegal Containers may be taken unless expressly authorized by City staff in writing_ C. Removal, Servicing, and Storage of Illegal Containers. At the City's request, Randfam, Inc. shall do the following with respect to an Illegal Container: 1. Respond within 30 minutes of being notified by the City that the Illegal Containers present and should be removed. Randfam, Inc. must provide an email address and a telephone number to the City to use in notifying Randfam, Inc. of an Illegal Container. 2. Remove the Illegal Container within two hours of being notified by the City. 3. Alert the City once the Illegal Container has been collected. 4. Recycle and/or dispose of the contents of the Illegal Container. Randfam, Inc. shall make a good -faith effort to divert the materials in the Illegal Container. The tonnages from the Illegal Container(s) shall be reported on the Franchisee's regular monthly and quarterly reports as a separate section and included in the overall diversion calculation. If the material collected is not recyclable and it causes Randfam, Inc. to be deemed out of compliance with the minimum diversion requirements set forth in this Agreement, the City may exempt these waste tonnages. 5. Provide the City with an invoice from the facility used to recycle and/or dispose of the materials. The facility utilized must be permitted by the California Integrated Waste Management Board and may include a landfill, materials recovery facility (MRF), transfer station, composting facility, construction and demolition recycling facility, and/or a recycling center that meets the requirements of the California Integrated Waste Management Board regulations (Title 14, Division 7, Chapter 3, Article 6). The facility's invoice(s) shall outline the costs associated with recycling and/or disposing of the materials in the impounded Illegal Container, including actual tipping fees, taxes, and any related fees. It is the duty of Randfam, Inc. to keep detailed and accurate records of the costs associated with the work identified in this outline. Only actual costs will be charged to the Non -Franchised Hauler, and thus, only actual costs will be reimbursed. 6. House the Illegal Container at the Randfam, Inc.'s facility for a selected time period, not to exceed 90 days. During such time, the Randfam, Inc. shall be responsible for protection of the Illegal Container to ensure it is not damaged, as well as be responsible for any and all injuries or damages that may be caused by the Illegal Container while in the possession of the Randfam, Inc. The Randfam, 3y Inc. shall agree to defend and indemnify the City in this regard pursuant to Section 17 herein. 7. Provide a location where the Illegal Container may be reclaimed. 8. Randfam, Inc. shall have space adequate at their facility to house a minimum of five impounded Illegal Containers of varying sizes at any given time. 9. Arrange for the return of the Illegal Container to the Non -Franchised Hauler, if all required fees are paid to the City and the City indicates, in writing, that the Illegal Container may be returned. It is not the duty of Randfam, Inc. to deliver the Illegal Container back to its owner. 10. Provide the City access to the Illegal Container for its removal or disposal, or otherwise transport the Illegal Container to a location within the City at the City's direction, in the event that the Illegal Container is not reclaimed or otherwise redeemed. D. Disposal of Illegal Container. If an impounded Illegal Container is not reclaimed or otherwise redeemed pursuant to the requirements of Chapter 15.77 of the Santa Clarita Municipal Code, the City may cause such Illegal Container to be sold or auctioned as surplus property of the City, pursuant to the City's procedures for same, or may dispose of such Illegal Container in any lawful manner. In the event of a sale or auction, the Randfam, Inc.. may bid at such sale for the Illegal Container. E. Reimbursement of Costs. Prior to the final disposition of an impounded Illegal Container, Randfam, Inc. shall submit an invoice to the City detailing any removal, transport, and storage related costs associated with housing the Illegal Container on a per - day basis. Removal, transport, and storage cost reimbursement will not exceed the rates for such activity as approved by the City Council. City shall reimburse Randfam, Inc. for such costs within 90 days of the impoundment of the container(s). F. Removal from Circulation List. The City understands that there may be circumstances which present themselves that would make the impoundment of Illegal Container infeasible for Randfam, Inc. Should this occur, Randfam, Inc. may request to pass on the collection of any particular Illegal Container. If Randfam, Inc. makes two (2) requests to pass during a 12 -month period, the City may remove Randfam, Inc. from the list of Haulers eligible to impound Illegal Containers for the City. 3s- IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor ATTEST: Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney (Signatures on next page) JL RANDFAM, INC. [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 Srgner(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 Place Notary Seal Above Signature of Notary Public 37