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HomeMy WebLinkAbout2009-06-09 - RESOLUTIONS - AMEND BIN ROLL OFF BOX AGMT (2)RESOLUTION NO. 09-41 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 r 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 r' 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. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, APPROVED AND ADOPTED this 9th day of June, 2009. ATTEST: CITY CLERK r STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 1, 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 9th day of June, 2009, by the following vote: AYES: COUNCILMEMBERS: Ender, McLean, Kellar, Weste, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a CITY CLERK 1 1 1 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 No. 09-41, adopted by the City Council of the City of Santa Clarita, California on June 9, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of , 20_. Sharon L. Dawson, MMC City Clerk By 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). 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. 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 1 (Signatures on next page) 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 personally appeared Place Notary Seal Above 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 Public 1 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 in 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 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. 1 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 M. (Signatures on next page) 1 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] State of California County of On before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) 1 Place Notary Seal Above 1 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 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 i 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 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: 1. 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. 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 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 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. 1 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) USA WASTE OF CALIFORNIA 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 Signets) 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 1 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 ag rding the impoundment of Illegal Containers may 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, 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. 1 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 By: (Signatures on next page) 1 State of California County of RANDFAM, INC. LIM [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] On before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) 1 Place Notary Seal Above 1 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 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). 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. 1 1 1 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 51 (Signatures on next page) CROWN DISPOSAL CO., 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 personally appeared Place Notary Seal Above Here Insert Name and Title of the 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 1 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 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: 1. 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. 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 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. 1 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. 8. 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 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 (Signatures on next page) 1 1 1 CONSOLIDATED DISPOSAL SERVICES, L.L.C. In [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) Place Notary Seal Above 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