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HomeMy WebLinkAboutAtascadero Waste Alternatives, Inc # 96011 Solidwaste/Curbside Recyling lir AMENDMENT NUMBER TWO TO THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT This Amendment Number Two to the Solid Waste Collection Franchise Agreemel�t (this "Amendment") is made and entered into this 8th day of October, 2002, by and between the City of Atascadero, a political subdivision of the State of California, hereinafter called "City," and USA Waste of California, Inc., a Delaware Corporation whose ultimate parent company is Waste Management, Inc., hereinafter called"Franchisee." WHEREAS a Solid Waste Franchise Agreement (the Agreement) was made an entered into on the 1St day of May, 1996, by and between the City and Atascadero Waste Alternatives, Inc., and approved by a Resolution of the City Council; and WHEREAS Amendment Number One to the Solid waste Collection Franchise Agreement was made and entered into on the 141" day of October, 1998, transferring the franchise from Atascadero Waste Alternatives, Inc. to USA waste of California, Inc., and amending Section 13 of the Agreement to add certain disposal and processing requirements; and WHEREAS the parties desire to further amend the Agreement by adding certain recycling and yard waste collection services to the scope of the franchise. NOW, THEREFORE, for and in consideration of the mutual obligations set forth herein, the adequacy of which is hereby acknowledge, the parties hereby agree to amend the Agreement as follows: A new Section 41 shall be added to the Agreement to read as follows: 41. Green Waste and Recyclables Collection. A. Franchisee shall collect green waste on a weekly basis from residential and commercial accounts in the City who properly set out green waste for collection. Franchisee shall use automated collection methods to collect green waste. B. The Franchisee shall collect the following material as green waste: plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens; and biodegradable waste as approved by the parties. Christmas trees can be included in the container as long as it is free of ornaments and any metal stands. Flocking material is acceptable. The Franchisee shall not collect as green waste loose soils, garbage, food waste; plastics or synthetic fibers; lumber; any wood or tree limbs over four (4) inches in diameter or four (4) feet in length; human or animal excrement; or soil contaminated with hazardous substances. The Franchisee and the City may by mutual agreement establish other reasonable specifications regulating the size, quality, configuration and placement of green waste eligible for collection. City of Atascadero Amendment#2 *AW Solid Waste Collection Franchise Agreement Page 2 C. The Franchisee shall collect from subscribers green waste that has been placed in a can not exceeding 96 gallons in capacity. All green waste must fit within the can to be collected. Franchisee may charge an additional fee for green waste collected in excess of the 96-gallon can. The Franchisee shall not collect green waste that has been placed in plastic or paper bags. The Franchisee shall not collect as green waste un-segregated garbage, or green waste that is contaminated by fecal matter, hazardous substances or other ineligible material. D. Franchisee shall collect recyclables on a weekly basis from residential and commercial accounts in the City who properly set out recyclables for collection. Franchisee shall provide residents with automated, 96-gallon carts for recyclables and shall use automated collection methods to collect recyclables. Franchisee shall only collect recyclables placed within the 96-gallon cart, plus bundles of oversized cardboard placed adjacent to the cart that do not exceed four feet by two feet by two feet in size. E. The Franchisee shall collect the following materials as recyclables: mixed waste paper (junk mail), corrugated cardboard, newspaper, tin and aluminum cans, glass bottles and jars, plastic bottles, jars and tubs. Shredded or small paper should be bagged. Recyclables may be commingled within the 96-gallon cart. F. To compensate Franchisee for performing the Residential services set forth in this Section 41, Franchisee shall be permitted to charge an additional $2.84 per month. Additional containers are available for rent at $5.00/month. This rate shall be subject to all fee adjustment mechanisms set forth in the Agreement, including but not limited to CPI adjustments. G. The Franchisee shall allow customers to opt out of the new service and the container fee of$1.63 for the new service by submitting a written request to Franchisee. H. To compensate Franchisee for performing the Commercial services set forth in this Section 41, Franchisee shall be permitted to charge an additional $4.46 plus $3.33/yard per month. Recycle dumpsters available for $32.78/CY per month for weekly pick up. This rate shall be subject to all fee adjustment mechanisms set forth in the Agreement, including but not limited to CPI adjustments. City of Atascadero Amendment#2nrr` Solid Waste Collection Franchise Agreement Page 3 All other provisions of the Agreement shall remain in full force and effect. The parties hereto have caused this Amendment Number Two to the Solid Waste Collection Franchise Agreement to be executed by their respective authorized representatives, as of the date set forth above. CITY OF ATASCADERO By J. Michael Arrambide, Mayor USA WASTE OF CALIFORNIA, INC. By Mark Arsenault, Vice President AMENDMENT NUMBER ONE TO THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT Whereas a Solid Waste Franchise Agreement was made and entered into on the 1 st day of May, 1996, by and between the City of Atascadero, a political subdivision of the State of California, hereinafter called"City", and Atascadero Waste Alternatives, Inc., a California Corporation, hereinafter called"Franchisee", and approved by a Resolution of the City Council; and Whereas Franchisee made an application to the City Council for consent to a change in ownership to USA Waste of California, a Delaware Corporation whose Parent Company is Waste Management Inc., hereinafter called"USA/WMI", pursuant to the Assignment provision, section 12, of the Agreement, which application was heard and considered after due notice on September 22, 1998 by the City Council Members; and Whereas the Council directed staff to prepare an amendment to the Franchise Agreement in consideration of approval of the requested change in ownership to USA/WMI; Upon the effective date of the Council's approval of the Assignment request of Franchisee, it is mutually agreed that section 13 entitled"Direction to Landfill" is modified as follows: " 13. Disposal and Processing Requirements. A) Franchisee shall dispose of all solid waste and recyclables collected under this Agreement at Franchisee's own expense and in accordance with all Federal, State and local laws, rules, and regulations. Franchise shall be solely responsible for securing an appropriate location for disposal of all solid waste and processing of all recyclables collected by Franchisee pursuant to this Agreement. B) Franchisee shall secure within 90 days of the effective date of this Agreement, sufficient disposal site capacity commitment including landfill disposal site capacity to adequately serve the reasonably anticipated solid waste disposal needs of Franchisee's customers. City reserves the right to review said disposal capacity commitments. C) If Franchisee receives notice from the landfill operator or recyclables processor or otherwise finds, during the term of the Agreement, to be prevented from delivering solid waste or recyclables to the designated site, Franchisee shall immediately notify, in writing, the City Manager, stating the reason(s) Franchisee is prevented, or expects to be prevented, from delivering solid waste or recyclables at the designated facility. Franchisee shall expeditiously identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for and secured by Franchisee. D) The parties understand and agree that City intends to commence and participate in waste diversion and resource recovery programs pursuant to regional and/or local implementation of the California Integrated Waste Management Act of 1989, or such other programs as may be established by County. B E) Franchisee shall deliver all solid waste to any landfill which collects the San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to Board of Supervisors Resolution No. 90-383. If the Franchisee delivers solid waste to a landfill which does not collect the County Fee Surcharge and Wast Management Program Fund Fee,the Franchisee will make, on a monthly basis, the equivalent payment directly to the City's then designated Waste Management Tipping Fee - AB 939 Trust Fund and Waste Management Tipping Fee Trust- Site Fund. F) Payment of the equivalent fees shall be made to City within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which the Franchisee delivers waste to an alternate facility. In the event that Payment is not received by City within thirty (3 0) days after the date specified,then Franchisee shall pay a penalty of ten(10) percent on the outstanding balance, and Franchisee shall also pay to City interest on the outstanding balance at a rate of ten percent(10%)per annum, or the maximum legal rate of interest, whichever is greater, from the date of Franchisee's failure to pay. G) As of September 1, 1998, the Tipping Fee Surcharge for the County Fund # 0159 is $3.00 per ton and the Waste Management Program Fund Fee for County Fund# 0160 is $0.40 per ton. Payments made by the Franchisee shall be sent to the City Manager along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees. H) Franchisee hereby agrees to dispose of all or a portion of the solid waste or recyclables collected pursuant to this Agreement in such manner as may be reasonably designated by City. I) In the event the Franchisee's costs decrease or increase as a result of City designating a different manner of, or location for, processing or disposal of solid waste or recyclables than anticipated in this Agreement, either Franchisee or City may request an adjustment in collection rates which adjustment shall be effective at the time the designated manner of disposal begins. City will not unreasonably deny any such adjustment. In the event Franchisee receives any additional compensation for the value, if any, of the solid waste or recyclables disposed of in such a manner, such compensation shall be considered in connection with future rate adjustments. Page - 2 *Aw wr+' The effective date of this agreement shall be October 1� , 1998. The parties hereto have caused this Amendment Agreement to be executed by their respective authorized representatives. CITY OF ATASCADERO J by old L.Carden III, Nfayor ATASCADERO WASTE ALTERNATIVES, INC bY___��/ �la Thomas R. Walters, President USA WASTE OF CALIFORNIA, INC by Jeff ne , Nfn r, usiness Development Page - 3 Wilmar:Agreement-Draft-2 . f CONTRACT N*,V" 96011 SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT, made and entered into this 1st day of May, 1996 , by and between the CITY OF ATASCADERO, a political subdivision of the State of California, hereinafter called "City" , and ATASCADERO WASTE ALTERNATIVES, INC. , a California Corporation, the successor in interest to WIL-MAR DISPOSAL COMPANY, INC. , a California Corporation, hereinafter called "Franchisee" . Witnesseth For and in consideration of the payments to be made by Franchisee to City, and in further consideration of the full and faithful performance by Franchisee of all terms, covenants, and conditions of this agreement, as well as complete compliance with the laws of the State of California and all pertinent present and future ordinances and resolutions of the City; It is mutually agreed as follows : 1 . Scope of Work. Franchisee shall provide all labor, materials, tools, and equipment necessary to perform all work required to collect and haul solid waste and curbside recyclables from locations within the City in accordance with this Agreement . (a) Collection and hauling of non-putrescible demolition and construction wastes shall be excepted from the scope of work as described above . 2 . Term. The term of this agreement, originally entered into for a period of seven (7) years from October 1, 1991, and thereafter extended for a period of three (3) years, shall continue for seven (7) years from May 1, 1996 . 3 . Extension of Term: On the first day of May of each year, commencing May 1, 1997, the term of this Agreement shall be extended for one (1) year, unless one of the following conditions shall occur: a. City shall notify Franchisee at least three (3) months prior to May 1 of its intent to reexamine the term of the Agreement, or b. Franchisee shall notify City at least three (3) months prior to May 1 of its intent to request reexamination of the term of the Agreement . 1 4 . Termination of Agreement . Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated in any of the following ways : (a) Pursuant to specific provisions of this Agreement providing for such termination, and/or (b) Upon mutual written agreement of the parties hereto; (c) By operation of law; and/or (d) As a result of a material breach of this Agreement by either party. S . Franchise Fee. During the term of this Agreement, Franchisee shall pay to the City a sum equal to five percent (5%) of Franchisee' s gross receipts derived from its franchised solid waste collection operations conducted within the City pursuant to this Agreement . For the purpose of this Agreement, "gross receipts" shall mean any and all forms of compensation and funds, including but not limited to cash, check or credit card, actually received by Franchisee from any person arising out of the Franchisee' s franchised operations conducted within the City pursuant to this Agreement . The Franchise Fee shall be paid to City by Franchisee monthly on the fifteenth (15th) calendar day of each month during the term hereof . Upon notice to Franchisee given three (3) months in advance, City may change the franchise fee percentage . G . Charges . Franchisee shall be permitted to make such charges for its Services as hereinafter provided: A. Residential and Commercial Charges . (i) Rates shall be adjusted annually according to the CPI commencing May 1, 1996 . Commencing May 1, 1996 , the current monthly service rate shall be charged for a four (4) week cycle, and shall be billed every eight (8) weeks . The CPI adjustment to be applied shall be the annual change in the United States Department of Labor Consumer Price Index for Los Angeles-Anaheim-Riverside, All Urban Consumers, hereinafter and hereinabove referred to as CPI, measured October to October applied as a percentage of the above referenced rates . In no event shall the annual adjustment exceed five percent (50) . Such rate base shall not be changed by any future tipping fee adjustments . (ii) Residential rates shall be rounded to the nearest $ . 05 and shall exclude the curbside recycling portion of refuse collection rate in applying the above formula; however, said surcharge shall be added to the rate determined by applying the formula . Commercial rates shall be rounded to the nearest $1 . 00 or such other amount as may be mutually agreed upon by the City and Franchisee . 2 (iii) Said adjustment in residential and commercial refuse collection rates shall be effective on the first billing cycle following the effective date of the adjustment . Residential accounts are billed every eight (8) weeks . Commercial accounts are billed every four (4) weeks . (iv) Franchisee shall provide notice as soon as possible to its residential and commercial customers of rate adjustments at least one (1) month prior to the effective date of said adjustment . (v) The updated rate schedule shall be submitted to the City as an information item at least one (1) month prior to implementing the rate change . B . Tipping Fee Adjustments . (i) Weight : In the event landfill tipping fees are determined by weight, then for each $1 . 00/ton change in the landfill tipping fee, residential and commercial refuse collection rates shall be adjusted according to the following formula: annual ton/prior 12 months % of FRANCHISEE' S revenue for annual revenue/prior 12 months = $1 . 00/ton tipping fee change approved tipping fee % of change current adjustment to increase or = multiplier x rate = add or subtract decrease per ton from rate (ii) Volume : In the event landfill tipping fees are determined by volume, then for each $1 . 00/yard change in the landfill tipping fee, residential and commercial refuse collection rates shall be adjusted according to the following formula: annual yard/prior 12 months % of FRANCHISEE' S revenue for annual revenue/prior 12 months = $1 . 00/yard tipping fee change approved tipping fee % of change current adjustment to increase or = multiplier x rate = add or subtract decrease per yard from rate (iii) City reserves the right to review the basis for tipping fee adjustments approved by the Board of Supervisors or other governing body. (iv) Franchisee shall provide to City a copy of a Landfill' s request for a change in the tipping fees no later than five (5) days following receipt of knowledge by Franchisee of request to the County of San Luis Obispo or any other governing body. 3 (v) Franchisee shall notify City of action taken by the Board of Supervisors or any other governing body regarding said request within five (5) days following Franchisee' s receipt of knowledge of said action. 7 . Filing of Statements . Audits . Franchisee shall, on or before the fifteenth (15th) day of each calendar month occurring during the term hereof, file with the Director of Finance of the City a verified Statement of Gross Receipts ( "Statement" ) actually received by Franchisee during the immediate preceding calendar month. Each such Statement shall be verified on behalf of the Franchisee by a person designated for such purpose by the Franchisee . The City shall have the right to inspect, review, and audit, at any reasonable time, upon not less than twenty-four (24) hours written notice to Franchisee, any and all of the Franchisee' s books or records to determine the accuracy of the contents of any Statement . The City shall also have the right to order an audit, conducted by a qualified independent auditor selected by the City, of the Franchisee' s books and records to determine the accuracy of the Statements filed with the City. If any City ordered audit discloses an understated amount of Gross Receipts on any Statement, equaling three percent (3a) or more during any reporting period, the cost of the audit shall be borne exclusively by the Franchisee; in all other cases such audit costs shall be borne by the City. 8 . Compliance with Applicable Law. Franchisee, in performance of its duties pursuant to the provisions of this Agreement, shall comply with all applicable laws, including, but not limited to : the Atascadero Municipal Code, and Regulations adopted by the City Manager of City Council pursuant to State and Federal Law. The provisions of the Atascadero Municipal Code, as they now exist or may hereafter be adopted and/or amended, shall be deemed to be a part of this Agreement as if set forth herein in full . Franchisee shall, at all times during the term or terms of the Agreement pay all sums required as and for Business License Taxes due pursuant to the provisions of the code . 9 . Services . Franchisee agrees that during the term of this Agreement Franchisee will provide the services, as described in the Code, the Regulations, and this Agreement, including the collection and disposal of all solid waste and curbside recyclables generated within the City by its customers, excepting only those functions set forth at 1 (a) above, in the time and manner set forth in this Agreement, the Code, and the Regulations . 10 . Administration of Contract . (a) Responsible City Officer. The City Manager of City is hereby designated as the City Officer responsible for the administration of this Agreement . The Franchisee shall obey all 4 lawful orders, directions, and instructions issued by the City Manager with reference to the provisions of this Agreement . (b) Responsible Franchisee Employee . The Franchisee shall, in writing, contemporaneously with the execution of this Agreement, designate a qualified person who shall be the responsible officer or employee of Franchisee for the purpose of administration of this Agreement . Such person shall be authorized by Franchisee to act on behalf of Franchisee, including, but not limited to, accepting all notices given by the City with reference to this Agreement . (c) Interpretations . Orders . If at any time during the term of this Agreement the City Manager issues to Franchisee any written interpretation of this Agreement or any order, instruction, or direction relating to the Franchisee' s services provided pursuant to this Agreement (collectively "Order" ) , which Franchisee believes is improper or not within the scope of its duties imposed pursuant to this Agreement, Franchisee may, within ten (10) consecutive working days following service upon Franchisee of the City Manager' s Order, have the right of appeal to the City Council with reference to the issuance of such order. The City Clerk upon receipt of such a request for review by the Franchisee shall place the matter on the next most convenient agenda of the City Council for consideration. The Franchisee shall be given not less than ten (10) consecutive working days notice by the City Clerk of the time and place of the hearing upon its request for review of the City Manager' s Order. The City Council at the time of such hearing shall permit the Franchisee and any other interested person, a reasonable opportunity to be heard on the question of the appropriateness of the City Manager' s Order. Thereafter, based upon its review, the City Council shall affirm, modify, or disaffirm the City Manager' s Order. The City Council' s decision shall be final and conclusive . 11 . Recycling Plans . The Franchisee, in the performance of its obligation pursuant to this Agreement, shall comply with any and all provisions of any recycling plan or plans or programs (collectively "Plan" ) adopted by the City during the term or terms of this Agreement . 12 . Assignment . The Franchisee shall not assign any of its obligations imposed pursuant to the provisions of this Agreement without the prior written consent of the City Council of City expressed by resolution. The consent of the City Council shall not be unreasonably withheld, provided that in determining whether or not to consent to such assignment, the City Council may consider all relevant factors relating thereto, including, but not limited to, the qualifications, experience, and financial responsibility of the prospective assignee . Assignment of an obligation to a corporate entity in which the Franchisee holds a majority control shall not be considered an assignment requiring written consent of 5 *4NOV 11"0 the City Council . Transfer of twenty-five percent (25%) or more of shares of corporate Franchisee shall be considered an assignment requiring prior consent of the City Council . 13 . Direction to Landfill . After due consideration of all relevant factors, the City Council may request Franchisee to utilize a specific legally permitted landfill . In the event the City Council makes such a request, expressed by resolution, Franchisee shall give great weight to the City Council' s request . Franchisee shall indemnify and hold City harmless as a result of such request if City is found to be an arranger pursuant to State or Federal law. 14 . Extraordinary Review. In the event extraordinary circumstances arise which would cause economic hardship to Franchisee, a special request can be made for a rate review. In such case, Franchisee shall present information substantiating the need for extraordinary relief . In the event that rates are approved based upon extraordinary need, Franchisee may be required periodically to submit evidence that the reason for extraordinary relief provided continues to exist . 15 . Exclusivity. This Agreement is intended by the parties, to the extent permitted by law, to designate the Franchisee as the exclusive Franchisee for the purpose of providing, on an exclusive basis, the services provided herein to the owners and/or occupants of all real property located within the City. 16 . Temporary Default by Franchisee Costs . Liquidated Damages . Termination. (a) Temporary Default . If Franchisee, for any reason, ceases to perform the services in accordance with the provisions of this Agreement and the Code, the City Manager may take the steps necessary to temporarily provide the services by City or other entities engaged by the City Manager. The City shall be entitled to provide such services and thereafter charge the Franchisee for the costs of such services, including, but not limited to, administrative overhead, determined in accordance with City' s standard accounting practices . (b) Liquidated Damages . In the event Franchisee ceases to provide the services, the Franchisee shall pay to City a sum, as and for liquidated damages, in an amount equal to the Franchisee' s average daily gross receipts for each calendar day during which City is required to perform such services pursuant to this Section 16 . The parties agree and acknowledge that in the event of such 6 default by Franchisee, the actual damages to the City, as a result of such default, in addition to the out-of-pocket cost to City of providing the services, would be difficult, if not impossible, to ascertain, and therefore the parties have negotiated this liquidated damage provision and have agreed that a sum equal to the Franchisee' s average daily gross receipts per calendar day for each day during which such default occurs, represents a reasonable sum to be paid by Franchisee to City as and for liquidated damages for each day of such temporary default for a period not in excess of thirty (30) consecutive calendar days . The parties have agreed upon the foregoing as a liquidated damage provision, and not as a penalty. "Average daily gross receipts" shall be determined for the purpose of this section based upon the total amount of Franchisee' s Gross Receipts for the three (3) calendar months immediately preceding the calendar month during which Franchisee ceases to provide the services, divided by the number of calendar days included in such three-month period. (c) Termination. If such a period of temporary default continues for more than thirty (30) consecutive calendar days, City shall have the right to terminate this Agreement forthwith, and in addition to damages and costs it is entitled to, pursuant to subsections (a) and (b) of this Section 16 , City shall be entitled to its actual damages resulting from such breach by Franchisee occurring after termination by City including, but not limited to, all costs incurred by City in obtaining a new Franchisee; all costs incurred in providing the services after the effective date of the termination until a new exclusive Franchise Agreement has been executed and is in full force and effect; all increased costs of services during the remaining term of this Agreement as of the date of its termination; and all City administrative overhead costs incurred as a result of such termination, including, but not limited to, fees for City' s attorney' s services . Upon receipt of invoice for such Costs, the Franchisee shall pay the same within a period of ten (10) days . 17 . City Facilities . Franchisee, at its sole expense, shall collect solid waste from the City facilities enumerated and described on Exhibit A, attached hereto and incorporated herein by this reference, excepting therefrom the collection of non- putrescible demolition and construction waste . 18 . City-Wide Special Events . Franchisee, at its sole expense, shall provide such equipment and services as deemed necessary by the City Manager for one (1) City-Wide City sponsored Solid Waste Collection special event per year. Such equipment and services shall consist of, but not be limited to, recycling bins, roll-offs, extra receptacles, and bins as determined by the City Manager to be necessary. The locations and the specific day upon which the special event shall take place shall be established by the City Manager. 7 19 . Franchisee Employees . Conduct . (a) Franchisee shall require all employees to wear clean, neat, presentable uniforms . (b) The Franchisee shall perform the services in a manner which will cause the least possible interference with or annoyance to the public . All Franchisee' s employees shall be instructed to be courteous and responsive to the public . 20 . Local Offices and Telephone Service . Franchisee shall, at all times during the term hereof, maintain a local office . Franchisee shall maintain the office open and available at all times, Mondays through Fridays, holidays excluded, between the hours of 9 : 30 a.m. to 4 :30 p.m. 21 . Conduct of Services . The Franchisee shall conduct its operations hereunder in such a manner so as to cause as little inconvenience as is possible to the public, and to that end, the following rules shall be observed: (a) All services shall be conducted between 6 : 30 a.m. and 7 : 00 p .m. in residential areas and 6 : 00 a.m. and 9 : 00 p.m. in commercial areas . (b) After a solid waste receptacle has been emptied into a solid waste truck, it shall be replaced in an upright position at the place where presented for collection, as prescribed by the Code and this Agreement ; and (c) Solid waste receptacles shall not be thrown from a truck to the ground, but placed on the ground in a manner that will prevent damage to the receptacles . The Franchisee shall take all steps necessary to ensure that the receptacles are treated by its employees and agents in a reasonable manner so as to prevent damage and destruction thereto; and (d) Franchisee shall cause all spills of solid waste occurring during the collection process to be cleaned up, forthwith, by its employees . 22 . Complaint Procedure . Franchisee shall be obligated to take all steps reasonably necessary and required to satisfy customer service complaints . Franchisee shall maintain a complaint log, in a form approved by the City Manager. Where a particular complaint cannot be amicably resolved, the matter may be referred by the Franchisee or by this customer to the City Manager. The City Manager, or his designee, shall take such steps as may be necessary to conduct an adequate investigation of the circumstances surrounding such complaint, and based thereon, resolve the dispute . The City Manager' s decision with reference thereto shall be binding upon the parties to the dispute and shall be final and conclusive . 8 23 . Status of Franchisee . Franchisee, for all purposes, shall be deemed to be an independent contractor and shall conduct its operations pursuant to the provisions of this Agreement in that said capacity. 24 . Insurance Coverage . With respect to performance of work under this Agreement, Franchisee shall maintain, at all times during the term hereof, insurance as described below: (a) Workers' Compensation insurance with statutory limits, and employer' s liability insurance with limits as approved by City per accident; and (b) Comprehensive general liability insurance with a combined single limit not less than an amount approved by the City Manager, per occurrence . Such insurance shall include products/completed operations liability, broad form property damage coverage, and explosion and collapse and underground hazard coverage . Such insurance shall : (i) name as insureds City, its appointed and elected officials, officers, employees and agents; (ii) be primary with respect to any insurance or self-insurance programs maintained by the City; (iii) contain standard cross liability provisions; and (c) Comprehensive vehicle liability insurance with a combined single limit not less than an amount approved by the City Manager, per occurrence . Such insurance shall include coverage for owned, hired, and non-owned vehicles . The City Manager shall have the right of approval of insurance carriers issuing policies pursuant to this Agreement . Franchisee shall file with the City Clerk properly executed certificates of insurance in a form approved by the City Attorney of City, contemporaneously with execution of this Agreement . Certificates shall clearly evidence the existence of all coverage required above and shall provide that the coverage shall not be terminated or materially altered except after at least thirty (30) days prior written notice to City. Franchise shall replace such certificates for policies expiring prior to the termination or expiration of this Agreement . If Franchisee, for any reason, fails to maintain insurance coverage required pursuant to this Agreement, the same shall deemed a material breach of contract . City, at its sole option, may forthwith terminate this Agreement and obtain all damages from the Franchisee resulting from said breach. Alternatively, City may purchase such required insurance coverage on behalf of Franchisee and, upon notice, Franchisee shall forthwith reimburse City for all costs for obtaining such coverage, including all premium costs advanced by City for such insurance coverage . 9 25 . Performance Bond. Franchisee, at its sole expense, shall furnish to City, at all times during the term of this Agreement, a Performance Bond to assure the faithful performance of Franchisee' s obligations under this Agreement . Such bond shall be executed by a surety company licensed to do business in the State of California and approved by the City. Such bond shall be issued in a form approved by the City and shall be in the penal sum of Fifty Thousand Dollars ($50, 000 . 00) . 26 . Indemnity. Notwithstanding the existence of insurance coverage required of Franchisee pursuant to this Agreement, Franchisee shall save, keep, indemnify, hold harmless, and defend City and its respective appointed and elected officials, officers, employees, and agents ("Indemnified Parties" ) , from any and all claims, demands or judgment, in favor of any person, for injury to, or the death of, any person, and/or damage to real or personal property, including all costs and expenses incurred in the defense thereof, occurring or arising out of the performance by Franchisee, its officers, agents, employees, including but not limited to, its City approved assignees or subcontractors (hereinafter collectively "Franchisee" ) , of the services required of Franchisee pursuant to this Agreement, occasioned by any act or omission to act where a duty to act exists, by the Franchisee, including, but not limited to, any such liability imposed by reason of any infringement or alleged infringement or rights of any person in consequence of the use in the performance by Franchisee or the work hereunder, or any article, material, or supplies used or installed pursuant to this Agreement; and any such liability arising under or pursuant to any federal, state or local law. 27 . Replacement Vehicles . The City Manager may instruct the Franchisee to cease using, and Franchisee shall not use, any motor vehicle in the performance of services hereunder which the City Manager reasonably believes is unsafe or which does not comply with the provisions of this Agreement or any applicable law. 28 . Vehicle Inventory. Franchisee shall annually furnish the City Manager with an inventory of vehicles used by the Franchisee in the performance of services hereunder, and shall update the inventory as changes in equipment are made . Such inventory shall include the type and capacity of each vehicle, the number of vehicles and in the case of vehicles acquired by Franchisee after the commencement of this Agreement, the date of acquisition. 29 . Status of Solid Waste and Curbside Recvclables . All solid waste and curbside recyclables collected pursuant to this Agreement shall be deemed to be the property of the Franchisee as of the time the same is placed for collection by the owner and/or occupant of the Lot upon which the same was generated, unless otherwise determined by the City Council, at its sole discretion. 30 . Attorney' s Fees . Should litigation, including 10 arbitration, be reasonably required to enforce any of the provisions of this Agreement, the prevailing party in such litigation shall be entitled to receive an award of attorney' s fees in such amount as may be set in the discretion of the court . 31 . Notices . Notice given pursuant to this Agreement shall be in writing, and shall be given by personal service upon the party to be ratified, or by United States Postal Service or its lawful successor, postage prepaid, addressed as follows : To City: City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 To Franchisee : Atascadero Waste Alternatives, Inc . 5835 Traffic Way Atascadero, CA 93422 Notice shall be deemed to have been given hereunder as of the date of personal service, or two (2) consecutive calendar days following the date of deposit of the same in the custody of the United States Postal Service . 32 . Debt to City. Interest . Collection. Any sum due to City from Franchisee pursuant to the provisions of this Agreement shall be due and payable as is provided in this Agreement or as established by the City Manager. All sums due to City from Franchisee shall bear interest at twelve percent (120) as of the due date of the indebtedness . Notwithstanding the foregoing, no. interest rate shall exceed the maximum permitted by law. 33 . Annexation of Territory. In the event territory is annexed to the City, and if immediately prior to such annexation, solid waste collection services were provided by a solid waste collector, other than Franchisee, authorized to perform such services by the local agency having jurisdiction over such territory prior to annexation, then such authorized solid waste collector may continue to provide solid waste collection service in the territory for up to three (3) years from the date of annexation. Under such circumstances, the annexed territory shall not be deemed a portion of the City for the purpose of this Agreement until the expiration of the three (3) years . If the solid waste collector authorized to perform collection services prior to annexation is the Franchisee, then such territory shall be deemed a part of the City for the purpose of this Agreement . 34 . Law to Govern. It is understood and agreed by the parties hereto, that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement . 11 35 . Binding Effect on Agreement . This Agreement shall be binding upon the parties hereto and upon all of their lawful successors in interest . 36 . Location of New Facility. Franchisee shall seek advice and consent of the City Manager prior to consummation of a purchase or lease of real property to be used for a recycling facility or other solid waste facility. 37 . Entirety. The parties agree that this Agreement represents the full and entire Agreement between the parties hereto with respect to matters covered herein. 38 . Novation. As of the effective date of this Agreement, all prior Agreements for collection of solid waste existing between the parties hereto shall be deemed terminated and of no further force or effect . This novation clause shall not have effect of terminating or affecting any claim either party hereto may have against the other, or against any third person, pursuant to any such prior Agreement . 39 . Survivability. Notwithstanding the termination of this Agreement pursuant to the provisions hereof, and/or the provisions of applicable law, the right of the parties hereto to prosecute legal claims against each other and against third parties shall survive such termination and shall not be affected by such termination. 40 . Effective Date . The Effective Date of this Agreement shall be April 9 , 1996 The parties hereto have caused this Agreement to be executed by their respective authorized representatives . CITY OF ATASCADERO ATASCADERO WASTE ALTERNATIVES, INC. G88RGE HIGHL Mayor THOMAS R. WALTERS, P e s dent 12 APPROVED AS TO CONTENT: ATTEST: ` ANDREW J. TA City Manager LEEP ICE City Clerk APPROVED AS TO FORM: �Z. , 4AR R R.�MO'WTANDTN, City Attorney 13 LIBERTY BOND SERVICES N* 2 8 CONTINUATION CERTIFICATE CITY OF EKSFE To be attached to and form a part of Bond Number 14-007-649 (the"Bond"), dated the 3RD day of JUNE - ) 19 99 , issued by Liberty Mutual Insurance Company(the"Surety") on behalf of ATASCADERO WASTE ALTERNATIVES,INC. (the"Principal") in favor of CITY OF ATASCADERO (the"Obligee"). The Surety hereby certifies that this Bond is continued in full force and effect until the IST day of MAY , 20 01 , subject to all covenants and conditions of said Bond. Said Bond has been continued in force upon the express condition that the full extent of the Surety's liability under said Bond, and this and all continuations thereof, for any loss or series of losses occurring during the entire time the Surety remains on said Bond, shall in no event exceed the penal sum of the Bond. IN WITNESS WHEREOF the Surety has caused this instrument to be duly signed, sealed and dated as of the 17TH day of MARCH , 20 00 1 LIBERTY MUTUAL INSURANCE COMPANY(Seal) (Seh) Phyllis A. Kalanski, Attorney-In-Pact LBS-3300 REV.10/95 THIS POWER OF ATTORNEY IS NOT ID UNLESS IT IS PRINTED ON RED BACKO*411111fUND. 593276 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, PHYLLIS A. KALANSKI,JOHN M. CAIN, GUY A. SOUILLANTE, JAMES M. EGAN, BARBARA A. LEEPER, LYNNE A.ZELEZNIK MARIAN T. BRACKMAN,ALL OF THE CITY OF PITTSBURGH, STATE OF PENNSYLVANIA. ... ... .. .. . .. ...... ... .... ........ ..... .................................. ................................................... ........, .. .... ... ...... .. ......... ... ............ ........ ....... ........................................... each individually if there be more than one named, its true and lawful attorney in-fact to make, execute seal;acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED FIFTY MILLIQN AND 00/100*"**"******** DOLLARS ($150,000,000.00***** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by 'O the secretary of the Company in their own proper persons. w p That this power is made and executed pursuant to and by authority of the following By-law and Authorization: d !?. N O ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such C d limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the T company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such i0 O ` p1 instruments shall be as binding as if signed by the president and attested by the secretary. v N c� By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: =W > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact p p, R as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Q M ,3 bonds,recognizances and other surety obligations. C q N That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. d C O IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 ;; Company has been affixed thereio in Plymouth Meeting,Pennsylvania this_90th _day of September 1999 a R Od WO O cc LIBERTY MUTUAL INSURANCE COMPANY C13 N w O i t y Garnet W.Elliott,Assistant Secretary � O _.+ iy COMMONWEALTH OF PENNSYLVANIA ss > O R COUNTY OF MONTGOMERY s 04 On this 20th day of September A.D. 1999 , before me, a Notary Public, personally came the individual, known to 00 > d me to be the therein desc idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- CV co 7 ged that he executed arm a the seal affixed to the said preceding instrument is the corporate seal of said company;and that said corporate Z v seal and his signatu was duly affixed and subscribed to the said instrument by authority and direction of the said company. v p IN TESTIMO EOF,1 set my hand and affix my official seal at Plymou Meeting,;P ,the day and year first above written. 0 O e l I- Notary Public ZIT � eERTfiCAfE I, the undersigne to retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full,true and c c copy,is in full force and effect on the date of this certificate;and i do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 17TH day of MARCH 2000 ti sistant ec etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANYBONDWITH AN INCEPTt E AFTER September 20 ,20 01 Ir1SC D u ICC MC - 5 1998 S `'' CIrf CSI ERK'S OFFI(R'E� CONTINUATION CERTIFICATE In consideration of premium charged, DEVELOPERS INSURANCE COMPANY _ _, as surety, hereby continues in force Bond No. 139744P dated 1/1/94 in the amount of FIFTY THOUSAND AND NO/100 Dollars ( $50,000.00, ) on behalf of ATASCADERO WASTE ALTERNATIVES , as Principal. , in favor of CITY OF ATASCADERO , as Obligee for the period beginning JANUARY .1. 1998 and ending JANUARX 1-1999 subject to all the terms and conditions of said bond; PROVIDED that the liability of DEVELOPERS INSURANCE COMPANY , as surety, shall not exceed in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuation thereof . Signed and Sealed this 27TH day of OCTOBER , 19 98 DEVELOPERS INSURANCE COMPANY Surety By: BRUCE ZIE t or y-In-Fact Insco Insurance Services, Inc. • CA Lic. 0403172 17780 Fitch • Suite 200 ' Irone, CA 5)2614' (800) 782-1546• (714) 263-3300• Fax (714) 252-1955 • http:;/www.insco.com Underwriting Manager for: Developers Insurance Cam.pany• Indemnity Company of Callfornla• Developers Surety and Indemnity Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cyi t State of California ss. County of SONOMA On OCTOBER 27, 1998, before me, CAROL A. JONES, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared BRUCE G. OKREPKIE Name(s)of Signer(s) I7 personally known to me ❑ proved to me on the basis of satisfactory evidence COOL ik JONES Commission 1187�'37 to be the person(s) whose name(s) is/are NdayPublic_CNifa�d _ subscribed to the within instrument and Sonomo County acknowledged to me that he/she/they executed MyComm. Jun21,2002 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) i acted, executed the instrument. WITNES m and and official ea i Place Notary Seal Above Si ature of Notary Publi I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: � Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 009FIN I'll ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i� I" Signer Is Representing: I I ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY OF Iiiiiw,rEMNITY COMPANY OF CALIFORNw# AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92623•(714)263-3300 N! 049445 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***Bruce G. Okrepkie, Wayne Shira,jointly or severally*** the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February,1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 10 By BY v , "Vincenti, Dan F.Vincenti,Jr. �NSURq �t?ANYp President Q5 Pp0 yc VO POq o ~ao gro9G ATTEST - MAR.27 0 1979 v y 1967 y Zem ZA)49 B * BY y Walter Crowell Walter Crow I Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 3,1997,before me,Sherie L.Bell,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and 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. WITNESS my hand and official seal. ------- "RIE L BELL UOMM.X1119419 SignaturetbMkY- 'A opmmcawy Alf Comfll.Exp.Du.12,2000 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 27TH day of OCTOBER ,1998 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ppNgO,c • /7(' 2`'\NSuRgNo '^9G — MAR.27 O ? o B BY • z`— OCT.5 T Y 1967 o L.C.Fiebiger UJ L.C.Fiebiger y a 1979 Senior Vice President oy ('FOPN�PJ? Senior Vice President o rFOP� ID-313 REV.(3/97) .. .,..•,M>,_. ..<:..>,..,,...° ;�. �, � � ;; �x �� DATE(MM/DD/YY) ACCORD M� �` 08/09/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Alburger Basso DeoInc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR North Bay Branch ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 765 Baywood Drive Suite 340 COMPANIES AFFORDING COVERAGE Petaluma, CA 94954 COMPANY A Financial Pacific INS COMPANY Ad B 01 COMPANY PO Box 6008 C Atascadero,CA 93423 COMPANY KL D THIS IS OV CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NT WITH RESPECT TO WHICH THIS INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE DATE(MM/DD/YY) DATE(MMIDDlYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2.000 000 A 118029C 06/01/96 06/01/97 PRODUCTS-COMP/OP AGG $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE �OCCUR PERSONAL&ADV INJURY $ 1,000000 EACH OCCURRENCE $ 1 OOO OLIO OWNER'S&CONTRACTOR'S PROT FIRE DAMAGE(Any one fire) � $ 50.000 MED EXP(Any one person) I $ 5,000 A AUTOMOBILE LIABILITY 118029C 06/01/96 I 06/01/97 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY g (Per accident) �( NON-OWNED AUTOS PROPERTY DAMAGE S AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT I S AGGREGATE $ EACH OCCURRENCE S EXCESS LIABILITY AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORMWC STATTe I ER WORKERS COMPENSATION AND EMPLOYERS'LIABILITY EL EACH ACCIDENT I $ EL DISEASE-POLICY UMIT S THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE-EA EMPLOYEE, $ OFFICERS ARE: F1 EXCL OTHER l DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS Certificate Holder is named as Additional Insured per the attached form. Q60± 120, CiX11U7 .. ,'s ` CEfF'1F[ A€illEt DE�. �. a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Atascadero EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 7M MAIL n Attn: Georgia 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6900 Palma Avenue s>laksxa� ► S7O®0°` 1X Atascadero,CA 93422 gXXxVDMKR c XM=RXwlKXXNKXXNwKHVa 7BFS1� L AUTHORIZED REPRESE�NTALI w. 100755" OftlFcTlON y988r€ . tlE1P. .°::.. __.. ,. :'�`":z i:as a r,'LFA. ,..,•:,..,., �.. ,t,. ._. { POLICY NUMBER: 118029C COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form A] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): Location ofCovered Operations City of Atascadero Certificate Holder is named as Additional Insured per the Attn:Georgia attached form. 6900 Palma Avenue Atascadero,CA 93422 Advance Premium Premium Basis Rates Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) $ Total Advance Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) All work on the project (other than 1. WHO IS AN INSURED (Section II) is amended to (a) All maintenance, or repairs) to include as an insured the person or organization be performed by or on behalf of the (called "additional insured" shown in the Sched- additional insured(s) n the site of the ule but only with respect to liability arising out of: ered operations has been com- A. "Your work" for the additional insured(s) at covcoved; or the location designated above, or pletThat portion of "your work" out of B. Acts or omissions of the additional insured(s) (b) which injury or damage arises has in connection with their general supervision been put to its intended use by any of "your work" at the location shown in the person or organization other than an- Schedule. other contractor or subcontractor 2. With respect to the insurance afforded these ofengaged contractor performing operations for additional insureds, the following additional a r clpal as a part of the same provisions apply: project. A. None of the exclusions under Coverage i), (3) "Bodily injury" or "property damage" except exclusions (a), (d), (e), (f), (h2), (i), arising out of any act or omission of the and (m), apply to this Insurance. additional insured(s)or any of their em- B. Additional Exclusions. This insurance does ployees other than the general supervi- not apply to: sion of work performed for the additional " (1) "Bodily Injury' or property damage" 9 insured(s) by you. for which the additional insured(s) are "Property damage"to: obligated to pay damages by reason of (4) a Property owned, used or occupied by the assumption of liability in a contract or ( ) or rented to the additional insured(s); agreement. This exclusion does not apply b Property in the care, custody r Ion- to liability for damages that the additional ( ) trot a the additional insured(s) or insureds) would have in the absence of over which the additional insured(s) the contract or agreement. are for any purpose excerising phys- (2) Bodily injury" or 'property damage' ical control; or occurring after: (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 Copyright, Insurance Service Office, Inc., 1984 I'1( Ir'15CC�ICCO 17780 Fitch, Irvine, CA 92714 (714) 263-3300 • FAX: (714) 252-1955 SURETY COMPANY CONTRACT STATUS INQUIRY 09-23-96 CITY OF ATASCADERO DATE 139744P 6500 PALMA AVENUE ATASCADERO CA 93422 BOND NUMBER DEVELOPERS INSURANCE C COMPANY ;JIi.-MAR DISPOSAL COMPANY, INC I CONTRACT NUMBER: FRANCHISE BOND TYPE OF WORK: DESCRIPTION OF CONTRACT )NTRACT PRICE: 0.00 BOND AMOUNT: 50 ,000.00 EFFECTIVE D'lTEO 1—9 4 $ WITHOUT PREJUDICING YOUR RIGHTS OR AFFECTING OUR LIABILITY UNDER OUR BOND DESCRIBED ABOVE,WE WOULD APPRECIATE SUCH OF THE FOLLOWING INFORMATION AS IS NOW AVAILABLE. 0600 AR 61517 VERY TRULY YOURS, THE INSCO/DICO GROUP '�;BY 1. IF UUNTRACT COMPLETED, PLEASE STATE: APPROXIMATE DATE OF COMPLETION APPROXIMAIE FINALCONTRACT OF WORK(OR FINAL DELIVERY) ACCEPTANCE DATE PRICE ? IF CONTRACT UNCOMPLETED,PLEASE STATE: APPROXIMATE PERCENTAGE OR DOLLAR AMOUNT OF CONTRACT COMPLETED OR DELIVERED This company provides waste collection services on an on-going franchise ANTICIPATED COMPLETION DATE ESTIMATED FINAL CONTRACT PRICE agreement arrangement. 1 Are you aware of any unpaid bills for labor or material,stop notices or mechanics liens?(check) YES ❑ NO If yes,please give details. 4 Remarks/Comments: Wil-Mar Dispisal Co nye nc. is now itascadero Waste Alternatives, Inc. � R lil ; Signature y ' J City Clerk/AdministtationTitl /Dt Lee rice805 461-5074 Print Name Telephone No.—__� u t 070 REV.1/91 c"tt�o`"� �D01•.Feu ISSUE DATE(MMIDD/YY) 06/06/95 )DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Ellingson &Jones,a Div.of DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Alburger Basso DeGros2,Inc. POLICIES BELOW. 1105 North Dutton Avenue j COMPANIES AFFORDING COVERAGE Santa Rosa,CA 95401 i COMPAN LETTERY A Financial Pacific COI sT ERY B Republic Indemnity 'LIKED COMPANY `. Atascadero Garbage Co. LETTER dba: Wil-Mar Disposal Co.,Inc. P.O.Box 6008 �a Y D Atascadero, CA 93423 COMPANY E KLW LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) I DATE(MMIDD/YY) GENERAL LIABILITY i GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S 2,000,000 CLAIMS MADE[ OCCUR.i 109859B 06/01/95 06/01/96 PERSONAL BADV.INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROTI EACH OCCURRENCE i$ 1,000,000 FIRE DAMAGE (Anyone fire) S 50,000 --- I MED.EXPENSE(Any one peison8$ 5,000 'I AUTOMOBILE LIABILITY LIMIT COMBINED SINGLE j S 1,000,000 ANY AUTO j ALL OWNED AUTOS I I BODILY INJURY $ SCHEDULED AUTOS j 109859B i 06/01/95 06/01/96 j (PwPef3p1) X j BODILY INJURY $ HIRED AUTOS (Per acddent) Y NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE S i i ; EACH OCCURRENCE ;$ i EXCESS LIABILITY iAGGREGATE IS I —� OTHER THAN UMBRELLA FORM Ste & x STATUTORY LIMITSr Ft, • ,;' WORKER'S COMPENSATION I I EACH ACCIDENT $ 1,000,000 (i AND I 3510156 j 06/01/95 1 06101/% j DISEASE—POUCY LIMIT $ 5001000 EMPLOYERS' LIABILITY I DISEASE--EACH EMPLOYEE S 1,000,000 i OTHER i ESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLEMPECIAL ITEMS Certificate Holder is named as Additional Insured per the attached form. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED_AEFORE THE F'- Cit of Atascadero EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ' City MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: Georgia 6900 Palma Avenue LEFT, amal�LarYxx�p �ooelt� ag Atascadero. CA 93422 �/ ` AUTHORIZED REPR 100755 Rww M WTI, t N POLICY NUMBER: 109859B COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form A] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): Location of Covered Operations City of Atascadero Certificate Holder is named as Additional Insured per the Attn:Georgia attached form. 69W Palma AvenuQ Atascadero,CA 93422 Advance Premium Premium Basis Rates Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) $ Total Advance Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section 11) is amended to (a)All work on the project (other than include as an insured the person or organization service, maintenance, or repairs) to (called "additional insured" shown in the Sched- be performed by or on behalf of the ule but only with respect to liability arising out of: additional insured(s) at the site of the A. "Your work" for the additional insured(s) at covered operations has been com- the location designated above, or pleted; or B. Acts or omissions of the additional insured(s) (b)That portion of "your work" out of in connection with their general supervision which Injury or damage arises has of"your work" at the location shown in the been put to its intended use by any Schedule. person or organization other than an- 2. With respect to the insurance afforded these other contractor or subcontractor additional insureds, the following additional engaged in performing operations for provisions apply: a principal as a part of the same A. None of the exclusions under Coverage A, project. " except exclusions (a), (d), (e), (f), (h2), (i), (3) "Bodily injury" or "property damage and (m), apply to this insurance. arising out of any act or omission of the B. Additional Exclusions. This insurance does additional insured(s) or any of their em. not apply to: ployees other than the general supervi- (1) "Bodily Injury" or "property damage" sion of work performed for the additional for which the additional insured(s) are insured(s) by you. obligated to pay damages by reason of (4) "Property damage"to: the assumption of liability in a contract or (a) Property owned, used or occupied by agreement.This exclusion does not apply or rented to the additional insured(s); to liability for damages that the additional (b) Property in the care, custody or con- insured(s) would have in the absence of trol of the additional insured(s) or the contract or agreement. over which the additional insured(s) (2) "Bodily injury" or "property damage" are for any purpose excerising phys- occurring after ical control; or (c) "Your work" for the additional in- sured(s). CG 20 09 11 85 Copyright, Insurance Service Office, Inc., 1984 err` RESOLUTION NO. 13-96 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE SOLID WASTE FRANCHISE AGREEMENT WITH ATASCADERO WASTE ALTERNATIVES, INC. WHEREAS, Section 4.13 of Title 6 of the Atascadero Municipal Code requires any person or firm operating a solid waste collection service within the City to execute a Franchise Agreement with the City; and WHEREAS, it is in the public interest that an agreement be executed to assure solid waste collection service with the City; and WHEREAS, the Atascadero Waste Alternatives, Inc., the successor in interest to Wil-Mar Disposal Company, Inc. has developed a new solid waste franchise agreement; and WHEREAS, the City Council has been presented copies of the new franchise agreement and staff report discussing said agreement; and WHEREAS, Atascadero Waste Alternatives, Inc., has requested an 9.59% increase in fees to cover ongoing cost of operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero as follows: 1 . The Mayor and City Manager are hereby authorized and directed to execute the Solid Waste Collection Franchise Agreement. 2. The City Manager is hereby authorized to administer said agreement on behalf of the City. 3. New rates shall be established as shown in Exhibit A, attached hereto. On motion by Councilmember Carden, seconded by Councilmember Johnson, the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Carden, Johnson, Luna and Mayor Highland NOES: None ABSENT: Councilmember Bewley Resolution 13-96 Page 2 ADOPTED: April 96 ATT T. CITY OF ATASCADERO By: l -� LEE ICE,, City Clerk GEP. HIG.. ND, Mayor APPROVED AS TO FORM: AR E R. NTAON�City Attorney Al. Atascadero Waste Aitematives, Inc RESOLUTION NO. 13-96 ervice Rates For The City Of Atascadero INT A Residential Commercial Annual Average Approved Proposed Proposed Billing Annual Rate Rate` Rate - At Billing Average Average Current 3/1/94 TO 8e To Be Current At Annual Annual Customer Billed Billed Every Billed Every Approved Proposed Dollar % Count Monthly Eight Weeks Four Weeks Rate Rate - Increase Increase Type Of Service: Residential 32 Gal Service 3,953 3 9.75 19.70 117.00 128.05 i 1.05 9.4°'� 6 225.00 247.00 22.00 9.8°'c 0 Gal Service 582 18.75 38.00 90 Gal Service 1,683 24.85 50.30 298.20 326.95 28.75 9.611/c EcoloBag (average) Ma 3.45 3.50 Ma Ma Ma n1a Commercial: 1.0 Yd- 1 p/u perwk- 155 50.80 51.00 609.60 663.00 53.40 8.8% 1.fl Yd - 2 p/u per wk 9 93.55 95.00 1,122.60 1,235.00 112.40 10.0% 60.00 712.20 780.00 67.80 9.5 1.5 Yd- 1 p/u per wk 90 59.35 '/c 1.5 Yd-2 p/u perwk 9 110.40 112.00 1,324.80 1,456.00 131.20 9.9% 1.5 Yd - 3 p/u per wk 2 161.45 163.00 1.937.40 2,119.00 181.30 9.4°'° 69.00 813.00 897.00 84.00 10.3 2.0 Yd - 1 p/u per wk 122 67.75 °!c 129.00 1,527.00 1,6'7.00 150.00 9.8% 2.0 Yd -2 p/u per wk 27 127.25 189.00 2,242.20 2,457.00 214.80 9.o'/c 2.0 Yd-3 p/u per wk 5 186.85 2.0 Yd-4 p/u per wk 246.35 249.00 2.956.20 3,237.00 280.80 9.5°'° 85.00 1.01280 1,105.00 92.20 9.1 3.0 Yd -1 p/u per wK 50 84.40 3.0 Yd -2 p/u per wk 26 160.75 163.00 1,929.00 2.119.00 190.00 9.8% 3.0 Yd - 3 p/u per wk 10 237.00 240.00 2.844.00 3,120.00 276.00 9.7% 9.0 3.0 Yd -5 p/u per wk 389.50 394.00 4,674.00 5,122.00 448.00 "° 8° 3.0 Yd -6 p/u per wk 465.90 472.00 5,590.80 6,136.00 545.20 g• 'c 4.0 Yd - 1 p/u per wk 32 101.35 103.00 1,216.20 1,339.00 122.30 10.1 4.0 Yd -2 p/u per wk 25 195.80 198.00 2,349.60 2.574.00 224.40 9.6% 291.00 3,452.40 3,783.00 330.60 9.6°'° 4.0 Yd - 3 p/u per wk 14 287.70 380.90 386.00 4,570.80 5,018.00 447.20 9.8% 4.0 Yd -4 p/u per wk 6 °'° 4.0 Yd - 5 p/u per wk 2 474.10 480.00 5,689.20 6,240.00 550.80 9.7 4.0 Yd -6 p/u per wk 1 567.25 574.00 6,807.00 7,462.00 655.00 9.6% 6.0 Yd - 1 p/u per wk 1 130.05 132.00 1,560.60 1,716.00 155.40 10.0% 9.6% 6.0 Yd -2 p/u per wk 2 25215 255.00 3,025.80 3,315.00 289.20 379.00 4,491.00 4,927.00 436.00 9-7% 6.0 Yd-3 p/u per wk 1 374.25 Increased rate rounded to the nearest 5.05, EcoloBag rate is per bag Increased rate is rounded to the nearest 51.00 Residential customers will be billed an average of 6.5 time per year and commercial customers will be billed 13.0 times Prepared Without Audit