Waste Mgmt/Solid Waste 00AMENDED AND RESTATED
AGREEMENT
FOR THE COLLECTION, TRANSPORTATION AND
DISPOSAL OF MUNICIPAL SOLID WASTE
BETWEEN
THE CITY OF LA QUINTA
E►k
WASTE MANAGEMENT OF CALIFORNIA, INC.
JUNE 30, 2000 - JULY 30, 2008
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Table of Contents
ARTICLE TERM.......................................1
Section 1.1 Term ................................... 1
ARTICLE II SCOPE OF WORK ............................... 1
Section 2.1 Scope of Work ............................ 1
Section 2.2 Transportation and Disposal of Solid Waste ........ 2
Section 2.3 City-wide Automated Solid Waste Collection ........ 3
Section 2.4 Hazardous Waste Obligations of Contractor ........ 6
Section 2.5 Advisory Obligations of Contractor .............. 7
Section 2.6 Operational Requirements ..................... 7
ARTICLE III EQUIPMENT AND PERSONNEL ....................... 8
Section 3.1 Refuse Collection Vehicles .................... 8
Section 3.2 Low Emission Vehicles ....................... 9
Section 3.3 Containers ................................ 9
Section 3.4 Employees .............................. 10
ARTICLE IV SUPERVISION ................................ 10
Section 4.1 Authority of City .......................... 10
Section 4.2 Quantity of Municipal Solid Waste .............. 10
Section 4.3 Public/Customer Service and Accessibility ......... 10
Section 4.4 Complaints .............................. 11
Section 4.5 Customer Information and Public Education ........ 11
ARTICLE INSURANCE..................................14
Section 5.1 General Liability Insurance .................... 14
Section 5.2 Worker's Compensation and Employer's Liability
Insurance ............................... 15
Section 5.3 Notice to City, Evidence of Insurance ............ 15
ARTICLE VI PERFORMANCE BOND .......................... 16
Section 6.1 Performance Bond ......................... 16
ARTICLE VII REPORTS....................................16
Section 7.1 Records and Reports; Solid Waste Collection ....... 16
Section 7.2 Inspection by City ......................... 17
Section 7.3 Maintenance of Financial Records .............. 17
Section 7.4 Audit .................................. 18
ARTICLE VIII ASSIGNMENT AND SUBCONTRACTING
Section 8.1 Assignment and Subcontracting
..............18
...............18
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ARTICLE IX BREACH, DEFAULT AND TERMINATION .............. 20
Section 9.1 Breach, Default and Termination ............... 20
ARTICLE X INDEMNITY .................................. 20
Section 10.1 Indemnification ........................... 20
Section 10.2 Hazardous Substances Indemnification ........... 21
Section 10.3 AB 939 Indemnification ..................... 22
ARTICLE XI COMPLIANCE WITH ALL LAWS .................... 23
Section 1 1.1 Compliance with All Laws .................... 23
ARTICLE XII TAXES.....................................23
Section 12.1 Taxes .................................. 23
ARTICLE XIII EXCLUSIVE RIGHTS ............................ 23
Section 13.1 Grant of Franchise ......................... 23
Section 13.2 Scope of Franchise; Exclusiveness .............. 23
ARTICLE XIV RATES.....................................24
Section 14.1 Maximum Rates to be Charged ................ 24
ARTICLE XV
REVIEW OF RATES .............................
25
Section
15.1
CPI Based Change .........................
25
Section
15.2
Extraordinary Cost Based Change ..............
25
Section
15.3
Supporting Information ......................
25
Section
15.4
Decision; Effective Date .....................
26
Section
15.5
Final Year Payments ........................
26
Section
15.6
City Right to Set Rates ......................
26
Section
15.7
Maximum Rates ...........................
26
ARTICLE XVI CONTRACTOR PAYMENTS TO CITY ................ 27
Section 16.1 Franchise Fee Payments ..................... 27
Section 16.2 Fees Collected by Contractor on Behalf of City ..... 27
ARTICLE XVII COLLECTION FROM CITY FACILITIES AND CITY CLEANUPS 28
Section
17.1
Regular Disposal Service .....................
28
Section
17.2
On -Call Bulky Item Collection .................
28
Section
17.3
Disaster Debris Cleanup Implementation Plan ......
29
Section
17.4
Illegal Dumping Assistance ...................
29
Section
17.5
Special Event Toilet Facilities .................
30
ARTICLE XVIII HOLIDAYS ................................... 30
Section 18.1 Holidays ................................ 30
ARTICLE XIX OBLIGATIONS OF CITY .......................... 30
Section 19.1 Reasonable Cooperation ..................... 30
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ARTICLE XIX OBLIGATIONS OF CITY ..........................
30
Section 19.1
Reasonable Cooperation .....................
30
Section 19.2
Exclusivity ...............................
30
ARTICLE XX GENERAL PROVISIONS ..........................
30
Section 20.1
Definitions ..............................
30
Section 20.2
Right of the City to Make Changes ..............
33
Section 20.3
Contractor's Status ........................
34
Section 20.4
Force Majeure ............................
34
Section 20.5
Failure to Perform .........................
34
Section 20.6
Sale of Recyclables ........................
35
Section 20.7
Rights, Remedies and Benefits Cumulative ........
36
Section 20.8
Waivers ................................
36
Section 20.9
Approval by City ... , ......................
36
Section 20.10
Notices .................................
36
Section 20.11
Arbitration ..............................
36
Section 20.12
Legal Jurisdiction ..........................
37
Section 20.13
Paragraph Headings ........................
37
Section 20.14
Entire Agreement ..........................
37
Section 20.15
Subcontracting ...........................
37
Section 20.16
Compensation to Contractor ..................
37
Section 20.17
Fees for Refuse Collection ...................
37
Section 20.18
Fees for Unusual Conditions ..................
38
Section 20.19
Change of Ownership .......................
38
Section 20.20
Contractor's Employee Relations ................38
Section 20.21
Bankruptcy ..............................
38
Section 20.22
Invalid Provisions ..........................
38
Section 20.23
Waiver of Performance ......................
39
Section 20.24
Warranty ...............................
39
Section 20.25
Exhibits ................................
39
Section 20.26
Guaranty by Waste Management, Inc. ...........
39
ARTICLE XXI OTHER OPERATIONAL REQUIREMENTS .............. 39
Section 21.1 Rules and Regulations Governing Recyclable Materials 39
Section 21.2 Cooperation with Subsequent Providers .......... 39
Section 21.3 Indemnification Regarding Lawsuits Challenging This
Agreement .............................. 40
EXHIBIT
A REFUSE COLLECTION RATE AND DISPOSAL CHARGE ............ A-1
B RESOLUTIONS OF THE CITY COUNCIL APPROVING THE AGREEMENT . B-1
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THE CITY OF LA QUINTA
AMENDED AND RESTATED
AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND
DISPOSAL OF MUNICIPAL SOLID WASTE
THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of
the S to day of jT, 2000, by and between the CITY OF LA QUINTA, a
municipal corporation (hereinafter referred to as the "City") and WASTE
MANAGEMENT OF CALIFORNIA, INC., a California corporation doing business as
Waste Management of the Desert (hereinafter referred to as "Contractor").
ARTICLE I
TERM
Section 1.1 Term
The Term of this Amended and Restated Agreement shall commence .S
2000 and shall end July 30, 2008, unless earlier terminated as provided herein.
ARTICLE II
SCOPE OF WORK
Section 2.1 Scope of Work
The Contractor shall collect, transport and dispose of all Municipal Solid Waste
("MSW") generated at Residential, Commercial, Industrial and Institutional Premises
located within and under the jurisdiction of the City. The work to be done by
Contractor includes the furnishing of all labor, supervision, equipment, materials,
supplies and all other items necessary to perform the services required, including all
finances and monies required for performance of the obligations of this Agreement and
for financing, working capital and all other operating costs of every kind and
description. The enumeration of, and specification of requirements for, particular items
of labor or equipment shall not relieve the Contractor of the duty to furnish all others
that may be required, whether enumerated or not.
The work to be done by Contractor shall be performed in a thorough,
workmanlike and efficient manner to the reasonable satisfaction of the City, so that
residents, businesses and institutions within the City are provided reliable, courteous
and high quality solid waste collection at all times.
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Section 2.2 Transportation and Disposal of Solid Waste
Contractor shall transport and deliver all MSW collected pursuant to this
Agreement to the Disposal Site designated by the City.
MSW shall become the property of the operator of the Disposal Site (or other
designee of the City as the City may determine from time to time) once it is delivered
to the Disposal Site.
Contractor shall maintain accurate records of the quantities of MSW delivered
to the Disposal Site and shall cooperate with the City or its agents in any audits or
investigations of such deliveries.
Contractor shall cooperate with the operator of the Disposal Site with regard to
operations therein, including by way of example, complying with directions from the
operator to unload collection vehicles in designated areas, accommodating to
maintenance operations and construction of new facilities, cooperating with the
operator's Hazardous Waste Exclusion Program, and cooperating with the operator's
tonnage tracking system.
Unless and until the City designates in writing a different Disposal Site, or
approves a written request by Contractor to change the Disposal Site, Contractor shall
continue to deliver all MSW to the Coachella Landfill or, if that landfill is temporarily
unavailable, to the Edom Hill Landfill. City shall have sole and absolute discretion to
grant or deny Contractor's written request for a change of Disposal Site. If Contractor
experiences increase operational costs due to increased transportation or operating
costs resulting from City's designation of a Disposal Site other than the Edom Hill
Landfill, the following procedures shall be followed: Contractor shall submit to City
written, detailed documentation describing the reason for said transportation and/or
operational cost increases. City may appoint an auditor to review contractor's
documentation. The cost of the audit shall initially be paid by City, however, in the
event that there is a discrepancy of five (5) percent or greater between the
Contractor's operation costs and the City's audit review, then the Contractor shall
reimburse to the City any amounts paid for the City's audit. Contractor shall provide
any supplemental information requested by City or the auditor. If City determines that
the transportation and/or operational cost increases are justified, City shall approve an
increase in compensation to Contractor accordingly.
If, in the opinion of City, Contractor may experience decreased operational costs
such as decreased transportation, operating or variable costs resulting from City's
designation of a new Disposal Site, the following procedures shall be followed. City
shall provide and discuss with Contractor a written description of the operational
and/or capital costs that City believes will decrease as a result of a change in the
Disposal Site. Within thirty (30) days, Contractor shall provide City with written
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documentation describing the projected decreases in operating and capital costs that
will result from the change in the Disposal Site. City may appoint an auditor to review
Contractor's documentation. The cost of the audit shall initially be paid by City,
however, in the event that there is a discrepancy of five (5) percent or greater between
the Contractor's operation costs and the City's audit review, then the Contractor shall
reimburse to the City any amounts paid for the City's audit. Contractor shall provide
any and all supplemental information requested by City and/or the auditor.
Upon the completion of the auditor's review, City will determine, in City's sole
discretion, whether transportation, operating and/or capital cost decreases are justified.
City may then approve a decrease in compensation to Contractor according to the
findings of the City's and/or auditor's review.
City and Contractor acknowledge that Contractor may at some time in the
future construct and operate a refuse transfer station in the Coachella Valley. Should
the City direct the Contractor to deliver MSW to a transfer station located within the
Coachella Valley, Contractor will not request a rate increase for the service fee portion
of the rate.
Section 2.3 Citywide Automated Solid Waste Collection
A. Automated Solid Waste Collection
Automated solid waste collection services shall be provided to all single
family duplex, and triplex residents in the City, in gated and non -gated areas.
Contractor shall provide residents with 96, 64, or 35 gallon wheeled carts
for MSW and green waste storage. The MSW and green waste carts shall be of
different coloration. Contractor shall provide all labor and equipment required to
conduct automated MSW and green waste collection programs. Contractor shall
collect all MSW and green waste at curbside unless back yard or side yard service is
requested by a resident. There is an additional rate charge for back or side yard
service. The MSW and green waste collection and disposal charge shall not vary due
to container size as shown in Exhibit "A".
Homeowner Associations in gated communities shall have a choice of
whether homes in the Association will received automated, manual, or bin services.
Contractor shall contact and offer in writing automated services at no additional charge
to all Homeowner Associations in the first and third year of this contract. Contractor
shall submit a written report to the City of the results of this inquiry within 60 days
of sending said correspondence. Contractor shall convert Homeowner Associations
to automated service if either the City or the Association request such service.
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B. HOA Automated Public Education Program. All production and
distribution costs relating to all public education materials required by this section shall
be paid by Contractor. Ninety (90) days prior to commencement of the automated
MSW collection program, Contractor shall submit to City, a draft public education
package which may, at City's request, include the following:
residents;
1. Draft brochures for HOA distribution;
2. Draft brochure to accompany delivery of the wheeled carts to HOA
3. Draft newsletter article to be transmitted to HOA, if requested; and
4. Hold one HOA meeting to inform HOA residents about the
automated program, if requested.
Contractor shall:
1. Produce and mail the direct mail brochures to HOA for distribution
by the HOA to the residents three (3) weeks prior to delivery of the wheeled carts;
2. Produce the second brochure and deliver to HOA residents with the
wheeled carts;
3. Hold one HOA meeting thirty (30) days prior to distribution of the
wheeled carts to residents, if requested; and
4. Finalize the newsletter article and provide a camera ready copy to
HOA, if requested by the newsletter deadline specified.
C. Cost and Operational Statistics. Contractor shall record the cost,
productivity, tons collected, person hours, number of stops, number of participating
homes, number of routes and all other data on the automated MSW collection
programs requested by City. Contractor shall record said data in a format required by
City and shall submit said data to City by the tenth (10th) day of each quarter
beginning in March 1997. Upon City's request, Contractor shall provide more frequent
reports if needed. City reserves the right to request any and all additional information
from Contractor needed by City, its auditors and consultants, to evaluate the
productivity and cost of the automated MSW collection program and to report data to
state and federal agencies as required by law. City may, in its sole discretion, conduct
efficiency and/or time and motion field studies of the automated MSW collection
program at any time and for any duration during the term of this Agreement. City
reserves the right to request data more frequently than quarterly should City desire to
do so.
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D. Replacement of Lost. Damaged or Stolen Carts. Contractor shall, at its
sole expense, provide residents who report damaged wheeled carts with a replacement
cart within seventy-two (72) hours of the resident's request. Contractor shall also
provide wheeled carts to all new residents that move into. City or change residences
within City. Contractor shall, at its sole expense, provide residents who report lost or
stolen wheeled carts with a replacement cart of the size requested by the resident
(either 64 or 96 gallons) within seventy-two (72) hours of the resident's request. If
a resident reports more than two (2) lost or stolen wheeled carts from the same
address during the term of this Agreement, Contractor shall provide the first two (2)
replacement carts at no charge to City or the resident. After the first two (2)
replacement carts are provided, Contractor may charge the resident to replace lost or
stolen carts a third or subsequent time.
Contractor shall maintain complete and accurate records of all wheeled
carts delivered to new residents and to residents reporting lost, stolen or damaged
carts and shall submit a report to City by the tenth (10) day of each month, beginning
in March, 1997, listing the number of crates so provided.
E. Automated Collection Vehicles. Contractor shall utilize the front loader
refuse collection vehicles fitted with a collection bin and a mechanical arm on the front
of the truck or equivalent equipment as approved by the City Manager or designee for
the automated MSW collection program. Contractor shall operate said trucks in a safe
and efficient manner so as to minimize the blowing or spilling of MSW during the
collection process. If MSW is spilled or blown by the wind, Contractor shall make all
reasonable efforts to clean up and collect all spilled and blown MSW.
F. Billing of Residential Customers
Contractor shall bill residential customers via the tax rolls as described in
Section 14.1. Contractor shall bear the risk that, if for any reason the property tax
levy does not raise adequate funds, then in that event, Contractor's sole remedy shall
be against the Contractor's customer and not against the City. The City does not
guarantee the accuracy or adequacy of the levy or that the levy amount will be paid
by the property owner. The City shall reasonably cooperate with Contractor in
collecting payment from the residential customer.
According to the tax roll billing schedule established by the County and
City, Contractor shall provide to City and the County of Riverside updated residential
tax roll billing data in a timely manner such that the new billing information can be put
on the tax rolls for the upcoming year. It is anticipated that this information will be
needed by August of 1996 and thereafter by July 30 of each of the following years.
However, Contractor agrees to accommodate all requests from City with regard to the
schedule for submitting said tax roll billing information.
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In no event shall Contractor double bill any resident for MSW collection
service. If a double billing occurs, Contractor shall immediately upon notification by
City, the resident, homeowner's association, the County of Riverside or any other
person or entity, issue a refund directly to the customer who was double billed along
with a letter of apology. If a double billing has occurred for a period exceeding six (6)
months, Contractor shall include in said refund the amount that was double billed plus
interest on said amount at the prime interest rate published in the Wall Street Journal
during the month in which the rebate is made, plus one percent (1 %). Contractor shall
conduct route audits and internal audits of customer billing, records on at least an
annual basis in order to prevent and detect any double billing of customers.
In the event that an owner provides notice to the Franchisee that trash
removal will not be needed during a continuous period of greater than four months for
specified dates, and the Franchisee verifies that no trash removal was necessary during
the specified time period, the owner shall be entitled to a refund of fifty percent (50%)
of the assessed amount of the fee due to the waste hauler as collected on the tax roll.
Said funds shall be calculated on an annual basis each January 301h for the prior
calendar year, and shall be paid within thirty days of the calculation. A report of the
calculation shall be provided to the City. Franchisee may request a rate adjustment in
the subsequent year if said refunds exceed $4,000 in the prior given year (Resolution
97-69).
G. Disabled Assistance
Contractor will provide back yard or side yard MSW and green waste
service at no additional charge to disabled and elderly residents who are unable to
physically move their trash cans to the curb. Disabled residents must provide
Contractor a copy of their Department of Motor Vehicles NI -Permanent disabled
parking placard as proof of disability.
Elderly customers can also apply for assistance noted above based upon
their needs. Contractor will evaluate each elderly resident's need on a case -by -case
basis.
Section 2.4 Hazardous Waste Obligations of Contractor
A. General
In the event the City decides to undertake provision of household
hazardous waste collection events by itself or as part of a multi -city effort, Contractor
shall, at the City's request, act as an agent for City, and shall arrange for the collection
of household hazardous waste. In such an event, Contractor's compensation shall be
increased in accordance with Section 20.2 of this Agreement. Acting as City's agent,
Contractor may be asked to obtain cost estimates or quotes for providing household
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hazardous waste collection or "round up" events at no additional cost to City. In the
event that City directs Contractor to obtain such cost quotes or estimates, City
reserves the right to unilaterally reject the quote or estimate, the right not to hold the
event, and the right to retain another service provider to perform the household
hazardous waste collection or round up services. City further reserves the right not
to invoke the provisions of this section and to obtain household hazardous waste
collection services in another manner and from another service provider.
Section 2.5 Advisory Obligations of Contractor
Contractor shall provide, at no cost, supportive services to City and to
Residential, Commercial, Industrial and Institutional Premises occupied by Waste
Generators and potential Waste Generators or their agents by providing the following:
A. General consulting services on integrated waste management issues and
concerns. Examples are, but not by way of limitation, preparing a position paper on
a MSW issue, providing a legal opinion or policy recommendation on a focused concern
or reviewing and commenting on proposed legislation or state regulations and their
impact on La Quinta.
B. Technical assistance services, such as the review of site plans, detailed
drawings of enclosures for MSW containers and estimated volume and characterization
of waste expected to be generated on a case -by -case basis, as may be required by the
Municipal Code or conditions of approval for issuance for a development plan or
building permit. Field trips to review subject property may be required to fulfill
Contractor's obligation.
C. Attendance of qualified knowledgeable employees at meetings of the City
Council, City Planning Commission, City staff, the Association of Governments, the
Local Task Force, etc. Such attendance shall be coordinated by both parties to this
Agreement.
Section 2.6 Operational Requirements
A. Commercial
1. Collection during winter months shall be between 5:30 a.m. and
6:00 p.m.
2. Collection during summer months shall be between 5:30 a.m. and
6:00 p.m.
B. Residential
1. Collection during winter months shall be between 5:30 a.m. and
6:00 p.m.
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2. Collection during summer months shall be between 5:30 a.m. and
6:00 p.m.
C. Refuse shall be collected from containers at the location of all residences
and dwellings, whether a single family or multiple dwelling unit, not less than once per
week.
D. Refuse shall be collected at all places of business as often as shall be
necessary to maintain a sanitary condition and provide reasonable convenience to such
business establishments.
E. Business establishments and apartment units of four (4) or more shall use
containers specified by the Contractor which shall be sized to contain all refuse
accumulation of the business for four (4) days or other period as determined applicable
by the Contractor. The service level, bins required or frequency of pick-up shall be
determined by Contractor and customer.
F. Containers moved by the Contractor for his convenience, shall be returned
to their original location by Contractor within a reasonable time.
ARTICLE III
EQUIPMENT AND PERSONNEL
Section 3.1 Refuse Collection Vehicles
Contractor shall furnish sufficient vehicles to maintain a regular schedule of
collection. All equipment shall comply with each and all of the applicable provisions
of the laws of the State of California and all ordinances, rules and regulations of the
City having reference to such matters, features or services. All equipment used within
the City shall be maintained in a satisfactory and proper mechanical condition and shall
be neat and clean in appearance.
Trucks shall be loaded and operated in such a manner that no MSW shall be
spilled in streets or alleys. Should any MSW be spilled on any street, alley or
elsewhere, it shall immediately be cleaned up. A broom and shovel shall be carried on
each truck at all times for this purpose. If not so cleaned up by the Contractor, the
City may clean up same and in such event Contractor shall pay upon demand one
hundred fifty percent (150%) of the costs thereof.
All collection vehicles will be painted uniformly. The Contractor's name and
telephone number shall be shown on each side of each truck in letters at least three
(3) inches high.
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All vehicles and equipment used in the collection of MSW, if kept within the
boundaries of the City, shall at all times when not in use be kept on private property
of appropriate zone and not on streets or other public ways.
Bodies of vehicles shall be metal and shall be so constructed that no MSW shall
be spilled from said vehicles on the streets or alleys. Collection vehicles shall be
washed thoroughly on the inside weekly and sanitized with a suitable disinfectant at
least weekly. In addition, the Contractor shall provide two-way radio communication
between the route supervisor and all vehicles. Vehicles which are replaced and any
new vehicles shall be designed to utilize alternative -fuel or energy sources to minimize
environmental pollution.
Section 3.2 Low Emission Vehicles
Currently, 50% of Contractor's residential and commercial route trucks are low
emission vehicles. Contractor agrees to convert 100% of residential and commercial
vehicles to low emission fuel by December 31, 2003. For each day past December
31, 2003 that the Contractor fails to have 100% of the residential and commercial
route trucks powered by low emission fuel, the Contractor shall pay the City $500.
For the purpose of this section , low emission fuel vehicles include CNG, electric, LNG,
fuel cell or other City -approved low emission vehicles
Section 3.3 Containers
Contractor shall furnish, in accordance with the rates set forth on Exhibit A, all
containers needed for MSW generated at Commercial, Industrial, Institutional and
Multi -Family Residential Premises. Containers shall include two, three, four and six
cubic yard bins with lids and 20, 30, 40 and 50 cubic yard roll -off boxes. The type,
size and number of containers furnished to individual Waste Generators shall be those
determined to best meet the needs of the Waste Generator and shall be sufficient to
contain, with the lid closed, all MSW generated between collections.
Containers shall be metal and leak proof. Bins (1 through 6 cubic yards
capacity) furnished by Contractor shall be constructed with plastic lids that are in good
repair and capable of being closed, with all hinges attached and operable. Containers
shall be painted and repainted as required to maintain the attractive appearance of the
community. Containers that have been painted or marked with graffiti shall be
repainted or removed from the Premises by Contractor within twenty-four (24) hours
of notification by the Waste Generator or City. At the same time as such containers
are removed, they shall be replaced by like -sized containers without evidence of graffiti
at no charge to the Waste Generator. Contractor shall clean and maintain all
containers furnished by it in a safe and sanitary condition and whenever the City
determines that cleaning is required to abate a health concern or nuisance condition.
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Section 3.4 Employees
Contractor shall furnish such competent and qualified drivers, mechanical,
supervisory, clerical or other personnel as may be necessary to provide the services
required by this Agreement in a safe and efficient manner and to serve the public in
a courteous, helpful and impartial manner.
All of Contractor's employees, while collecting refuse, shall be required to wear
a uniform type of clothing approved by the City. Said uniform shall look freshly
cleaned and pressed. Each employee shall at all times carry a valid operator's license
for the type of vehicle he or she is driving. Each employee shall, at all times he/she
is on duty, carry employment identification which shall be presented to City staff,
customers, security guards and law enforcement officers upon request.
ARTICLE IV
SUPERVISION
Section 4.1 Authority of City
The City or the City's agent shall have the right, but not the duty, to inspect at
any reasonable time the Contractor's operations, equipment and performance of the
services required by this Agreement to determine whether the Contractor is performing
in compliance with the Agreement, the laws of the State of California, City ordinances,
and the laws and regulations of any other governmental agency. Contractor shall fully
cooperate with the City in such inspections.
Section 4.2 Quantity of Municipal Solid Waste
In the event of a dispute between the Contractor and a business or other non-
residential Waste Generator as to the quantity of MSW that such Person has placed
for collection, the City shall investigate and make a determination and such
determination shall be binding.
Section 4.3 Public/Customer Service and Accessibility
A. Office: Contractor shall maintain a business office within a ten
(10) mile distance from the intersection of Washington & Highway 1 1 1 for purposes
of carrying out its obligations under this Agreement.
B. Office Hours: Contractor's office shall be open to the public from
8 a.m. to 5 p.m. Monday through Friday, except for holidays.
C. Availability of Local Representative: A knowledgeable
representative of the Contractor shall be available during office hours to communicate
with the City and members of the public in person and by telephone.
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D. Telephone: Contractor shall maintain a telephone system in
operation at its office during business hours. Contractor shall arrange for its telephone
number to be listed in all telephone directories generally distributed in the City and on
all of Contractor's bills and invoices. The telephone shall be on a toll -free exchange
for all residents of the City.
Section 4.4 Complaints
Contractor shall be responsible for the prompt and courteous attention to, and
prompt and reasonable resolution of, all Waste Generator complaints relevant to
service and billing. Complaints shall be investigated within twenty-four (24) hours and
appropriate action taken. Contractor shall record in a separate log, the form of which
is approved by the City, all complaints, noting the name and address of the
complainant, the date and nature of the complaint and the date and nature of
resolution. The complaint log shall be available for inspection by the City during
normal business hours. In addition, Contractor shall submit, by the 15th day of each
month, a copy of the complaint log for the preceding month.
Section 4.5 Customer Information and Public Education
A. Coordination with City. Prior to January 30 of each year of the
Term, Contractor and City shall agree on a Customer Information Plan (the "Plan") and
budget for each year of operation. The Plan shall include all of the types of materials
and information and the time and manner of dissemination for all of the information
required pursuant to this Section 4.5.
B. Customer Information Packet. The Plan shall include a
professionally designed and prepared information handout. The pamphlet shall
describe collection services available, guidelines on acceptable materials for MSW
disposal and any special preparation, list holidays and how the collection schedule is
modified, and prominently display telephone numbers to call for information or register
a complaint. Special topics shall include holiday greenery collection, telephone book
recycling, used motor oil collection and hazardous waste collection. The language of
the pamphlet should focus on various age groups and businesses found in the
community and should include information relating to persons in the City for limited
periods such as weekends or winter season. Graphics selected for the pamphlet shall
be well -designed and tasteful. City's recycling logo shall be included as a graphic
element of the pamphlet. Final printing of pamphlet shall be done using paper with a
minimum of fifty percent (50%) post -consumer content.
The City shall provide Contractor with comments and edits on the draft
pamphlet. Once finalized and printed for distribution, Contractor shall distribute, by
a method approved in the Plan, the pamphlet to each Residential, Commercial,
Industrial and Institutional Premises in the City according to the schedule in the Plan.
The Contractor shall mail (first-class) a pamphlet to the holder of each new account,
including residential, commercial, industrial and institutional, commencing MSW
collection service during the Term.
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C. Public Education Booklet
The Plan shall include the development, preparation and distribution of a
professionally designed informational booklet, suitable for use by the general public,
on MSW management topics and issues, including, but not limited to, general
comments on the status of MSW in the Coachella Valley, alternatives such as waste
prevention, recycling, composting, land filling, hazardous waste disposal and new
technologies, as well as a general discussion on costs of MSW collection,
transportation and disposal (e.g., explanation of what the consumer pays for). City's
recycling logo shall be included as a graphic element of the booklet. Final printing of
the booklet shall be done using paper with a minimum of fifty percent (50%) post -
consumer content. City shall provide Contractor with comments and edits on draft
booklet.
D. Consumer Information and Public Education Activities and
Miscellaneous Products
1. Meetings, Presentations, Seminars, Workshops, Etc. Contractor
shall ensure the attendance of appropriate employees of Contractor, on an as -needed
basis, at meetings, presentations, seminars, workshops, etc. Said employees shall be
knowledgeable representatives of Contractor. Such meetings or presentations include
those to homeowners' associations, business groups, public or private schools and the
like.
2. Special Events and Festivities. Contractor shall participate in
community -sponsored events and festivities as deemed appropriate by City and
Contractor. Such events include concerts, public building dedications and the like.
Contractor may be a service provider and/or an active participant in the event by
hosting a table and providing informational and educational materials.
3. Public Education Articles. City and Contractor shall agree in the
Plan on the timing, number and format for public education articles. On possibility
would be to require on the first day of each quarter Contractor shall submit a double-
spaced typed article to the City to be considered for inclusion in City's newsletter.
Length should not exceed two hundred (200) words; article shall be accompanied with
a suitable three inch by five inch (3" x 5") black and white photograph.
Forty-five (45) days prior to due date, Contractor shall contact City with a
suggested topic for article. Final subject matter, editing and/or inclusion of article shall
be subject to the sole and absolute discretion of the City. The intent of this section
is to provide a public education service to the community.
4. Informational Flyers. Pursuant to the Plan, Contractor shall provide
and mail informational flyers to be sent to each Resident concerning any topics
designated according to the Plan.
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5. Community Resource. Contractor may, from time -to -time, be
contacted by Waste Generators or members of the general public with requests for
information or assistance. Contractor shall treat such requests with courtesy,
responding as fully and completely as possible, including following up by mailing, first
class postage, written materials.
6. Press Releases. Pursuant to the Plan, or in the event of an
emergency or nonscheduled event, Contractor and City shall coordinate any Press
Releases and public service announcements.
7. Riverside County or Other Public Agency "ABOP" Disposal Centers.
Pursuant to the Plan, Contractor shall publicize each public disposal center for
antifreeze, batteries, motor oil and latex/water-based paint in the Coachella Valley
through various techniques, which may include but not be limited to:
a. Insert stuffed in envelope with customer's bill;
b. Press releases and public service announcements;
C. Submitting article for inclusion in City's newsletter;
d. Posting of notices in public areas of Contractor's facilities,
such as Recycle America buy-back center; and
e. Distribution of informational flyers to general public at
appropriate events and through the mail upon request.
E. Fact Sheet
Pursuant to the Plan, Contractor shall provide City a professionally
designed and prepared draft fact sheet on household hazardous waste focusing on
identification of common hazardous wastes in the household, how such materials
should be stored and proper disposal methods for such wastes. Contractor shall rely
upon local experience and include commonly found household hazardous wastes and
the effect of desert climate. Final printing of fact sheet shall be done using paper with
a minimum of fifty percent (50%) post -consumer content. City shall provide
Contractor with comments and edits on fact sheet. Once finalized, Contractor and
City shall mutually agree as to the method of distribution to households and desirable
quantity; within thirty (30) days of said agreement, Contractor shall have printed and
distributed the fact sheet as agreed.
F. Special Events
Contractor shall cooperate in publicizing regional household hazardous
waste special events, and otherwise appropriately participating in them through means
such as distributing educational materials, sharing in advertising costs, and hosting a
table.
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G. City's Right to Review and Approve
All informational and educational materials to be distributed to the general
public or customers of Contractor, developed pursuant to this Agreement or otherwise,
including Notices to Customers, shall be subject to review and approval by City prior
to distribution by Contractor.
H. Maximum Expenditure on Public Information Materials
Contractor shall spend up to an amount of Forty Thousand Dollars
($40,000) on all production and distribution costs relating to this section over the term
of this Agreement. After evidence of that expenditure is provided to and approved by
City any additional educational requirements as determined by the City (including cost
of materials, production and distribution) shall be shared equally between City and
Contractor.
ARTICLE V.
INSURANCE
Section 5.1 General Liability Insurance
The Contractor shall, at Contractor's sole cost and expense, obtain and maintain
in full force and effect for the Term each of the following minimum insurance
requirements:
A. A comprehensive general liability policy with a minimum limit of not
less than five million dollars ($5,000,000) combined single limit for bodily injury and
property damage, providing at least all of the following minimum coverages, with any
self -insured retention not exceeding one hundred thousand dollars ($100,000) per
occurrence:
1. Premises operation;
2. Blanket contractual; and
3. Completed operations.
B. A comprehensive automobile liability policy with minimum limit of
not less than five million dollars ($5,000,000) combined single limit for bodily injury
and property damage, providing coverage for at least any and all leased, owned, hired
or non -owned vehicles used by the Contractor in fulfilling the terms of this Agreement,
with any self -insured retention not exceeding one hundred thousand dollars
($100,000). Any and all mobile equipment which is not covered under this
comprehensive automobile policy shall have said coverage provided for under the
comprehensive general liability policy.
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C. Each of the following endorsements shall be made a part of the
above required policies as stipulated below:
1. "The City of La Quinta, its employees, officers, agents and
contractors are hereby added as additionally insured."
2. "This policy shall be considered primary insurance as
respects any other valid and collectable insurance the City of La Quinta may have, and
any other insurance the City does possess shall be considered excess insurance only."
3. "The insurance shall act for each insured, and additional
insured, as though a separate policy had been written for each. This, however, will
not act to increase the limit of liability of the insuring company."
4. "Thirty (30) days prior written notice shall be given to the
City of La Quinta in the event of cancellation, reduction in coverage, or non -renewal
of this policy for whatever reason. Such notice shall be sent to: City Manager, City
of La Quinta, 78-495 Calle Tampico, La Quinta, California 92253."
Section 5.2 Worker's Compensation and Employer's Liability Insurance
The Contractor shall, at Contractor's sole cost and expense, obtain and maintain
in full force and effect for the Term a Worker's Compensation and Employer's Liability
policy written in accordance with the laws of the State of California and providing
coverage for any and all employees of Contractor. This policy shall provide for:
A. Coverage for worker's compensation (Coverage A).
B. Coverage for one hundred thousand dollars ($ 100,000) employer's
liability.
C. An excess umbrella liability policy with a minimum of not less than
five million dollars ($5,000,000) per occurrence.
Section 5.3 Notice to City, Evidence of Insurance
Concurrently with executing this Agreement, the Contractor shall furnish the
City certificates of each policy of insurance required herein in form and substance
satisfactory to the City. Such certificates shall show the type and amount of
coverage, effective dates, and dates of expiration of policies, and shall have all
required endorsements attached.
Renewal certificates shall be furnished periodically to the City to demonstrate
maintenance of the required coverages throughout the Term.
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Any insurance company providing insurance or any surety providing a bond
hereunder shall be an admitted insurer/surety in the State of California with a Best
rating of at least "A", Class VIII or larger. No change in these requirements may be
made without the prior written approval of the City, which it is under no obligation to
provide.
If the Contractor fails to maintain any insurance required by this Agreement, the
City may procure and maintain, at the Contractor's expense, such insurance as it may
deem appropriate.
ARTICLE V1
PERFORMANCE BOND
Section 6.1 Performance Bond
The Contractor shall, at Contractor's sole cost and expense, concurrently with
the execution of this Agreement, provide the City with a performance bond issued by
a company and in a form satisfactory to the City, in the amount of one million dollars
($1,000,000). The performance bond shall indemnify the City against any losses or
expenses sustained in the event of the default or failure of the Contractor to perform
in accordance with the terms of this Agreement. Any surety providing a bond
hereunder shall be an admitted surety in the State of California with a Best rating of
at least "A", Class VIII or larger, unless a change in these requirements has been
approved by the City in advance and in writing pursuant to Section 5.3.
ARTICLE VII
REPORTS
Section 7.1 Records and Reports: Solid Waste Collection
Contractor shall compile, on a daily basis, records of its Solid Waste collection
operations covering those aspects of its operations, and in such detail, as the City may
prescribe. Such records shall include, but are not limited to:
1. quantities of MSW collected by customer category (e.g., residential,
commercial, industrial, institutional, multi -family);
2. number and categories of accounts served by each route, with each route
identified by route number on a map provided to the City;
3. labor allocation information (e.g., amount of time spent in the City by
service);
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4. production data (e.g., tons of MSW collected per route, per worker hour,
per worker day);
5. customer complaints;
6. general information, such as annual tons collected per residential
household or per type of business;
7. tons delivered to each designated Disposal Site, per day, per week, per
month, per year;
and similar information which the City may request in order to evaluate the
effectiveness and efficiency of the solid waste collection and disposal program.
Contractor shall submit a report, giving the information required by City, in the format
and at such time as specified by City, and shall prepare such other expanded or
detailed reports utilizing the information it is required to compile, which the City may
require from time to time.
Section 7.2 Inspection by City
The City or City's agent shall have the right, but not the obligation, to observe
and inspect all of the Contractor's operations involved in providing services under this
Agreement. In connection therewith, the City shall have the right to enter any of
Contractor's facilities, speak to any of Contractor's employees and receive a response
to any inquiries directed to such employees, and review and make copies of (at City's
expense) all of Contractor's operational and business records related to this
Agreement. If City so requests, Contractor shall make specified personnel available
to accompany City employees on inspections. Except when in the City's sole
determination an emergency exists, any inspection pursuant to this section shall
require a minimum of twenty-four (24) hours notice prior to the inspection.
Section 7.3 Maintenance of Financial Records
A. Contractor's Accounting Records: Contractor shall maintain in its office
accurate and complete accounting records containing the underlying financial and
operational data relating to, and the basis for computation of all costs associated with
providing service under this Agreement. The accounting records shall be prepared on
an accrual basis, in accordance with Generally Accepted Accounting Principles
consistently applied.
The operating year for both accounting and all other record keeping purposes
shall be the calendar year commencing January 1 and ending December 31.
B. Inspection of Records: City and auditors and other agents selected by the
City, shall have the right, during regular business hours, to conduct onsite inspections
of the records and accounting system of the Contractor and to make copies, at the
expense of the City, of any documents relevant to this Agreement.
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C. Retention of Records: The Contractor shall retain all records and data
required to be maintained under this Agreement for a period of three (3) years
following the close of each Contractor's fiscal years, and for such further time as may
be designated by City to enable it to complete any review or audit commenced during
such three (3) year period.
Section 7.4 Audit
City shall have the right, but not the obligation to perform an audit of
Contractor's financial records, relating to the performance of this Agreement, on an
annual basis.
Contractor shall fully cooperate with City and City's consultants, auditors, staff,
and other designees by providing financial records, documents, audited financial
statements, operating records, weight tickets, sales receipts for recyclable materials
and all other documentation requested by City in the event City elects to conduct an
audit.
ARTICLE VIII
ASSIGNMENT AND SUBCONTRACTING
Section 8.1 Assignment and Subcontracting
Except as may be provided for in Article IX (Breach, Default and Termination),
neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its
obligation under this Agreement to any other Person without the prior written consent
of the other party. Any such assignment made without the consent of the other party
shall be void and the attempted assignment shall constitute a material breach of this
Agreement.
For purposes of this Section when used in reference to Contractor, "assignment"
shall include, but not be limited to (i) a sale, exchange or other transfer of substantially
all of Contractor's assets dedicated to service under this Agreement to a third party;
(ii) a sale, exchange or other transfer of outstanding common stock of Contractor to
a third party provided said sale, exchange or transfer may result in a change of control
of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-
capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow
arrangement, liquidation or other transaction to which results in a change of
Ownership or control of Contractor; (iv) any assignment by operation of law, including
insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment for an execution being levied against this Agreement, appointment of a
receiver taking possession of Contractor's property, or transfer occurring in the event
of a probate proceeding; and (v) any combination of the foregoing (whether or not in
related or contemporaneous transactions) which has the effect of any such transfer
or change of Ownership, or change of control of Contractor.
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Contractor acknowledges that this Agreement involved rendering a vital service
to City's residents and businesses, and that City has selected Contractor to perform
the services specified herein based on (1) Contractor's experience, skill and reputation
for conducting its Solid Waste Management operations in a safe, effective and
responsible fashion, at all times in keeping with applicable Environmental Laws,
regulations and best Solid Waste management practices, and (2) Contractor's's
financial resources to maintain the required equipment and to support its indemnity
obligations to City under this Agreement. City has relied on each of these factors,
among others, in choosing Contractor to perform the services to be rendered by
Contractor under this Agreement.
If Contractor requests City's consideration of an consent to an assignment, City
may deny or approve such request in its complete discretion. No request by
Contractor for consent to an assignment need be considered by City unless and until
Contractor has met the following requirements:
A. Contractor shall undertake to pay City its reasonable expenses for
attorney fees and investigation costs necessary to investigate the suitability of any
proposed assignee, and to review and finalize any documentation required as a
condition for approving any such assignment;
B. Contractor shall furnish City with audited financial statements of the
proposed assignee's operations for the immediate preceding three (3) operating years;
C. Contractor shall furnish City with satisfactory proof: (i) that the proposed
assignee has at least ten (10) years of Solid Waste Management experience on a scale
equal to or exceeding the sale of operations conducted by Contractor under this
Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered
any significant citations or other censure from any federal, state or local agency having
jurisdiction over its Solid Waste management operations due to any significant failure
to comply with state, federal or local Environmental Laws and that the assignee has
provided City with a complete list of such citations and censures; (iii) that the
proposed assignee has at all times conducted its operations in an environmentally safe
and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste
management practices in accordance with sound Solid Waste Management practices
in full compliance with all federal, state and local laws regulating the collection and
Disposal of Solid Waste including Hazardous Substances; and, (v) of any other
information required by City to ensure the proposed assignee can fulfill the Terms of
this Agreement in a timely, safe and effective manner.
Under no circumstances shall City be obligated to consider any proposed
assignment by City if Contractor is in default at any time during the period of
consideration.
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ARTICLE IX
BREACH, DEFAULT AND TERMINATION
Section 9.1 Breach. Default and Termination
Breach of any of the terms of this Agreement (or of the Agreement for
Collection and Recycling of Recyclable Materials entered into between the parties of
even date herewith) shall constitute a default under this Agreement. If the Contractor
does not cure the default within ten (10) days after notice thereof has been issued by
the City, the City may terminate the Agreement as provided in Section 20.5.
Upon termination of this Agreement, the City shall be at liberty to undertake
directly the performance of the work or engage other parties to do so. Termination of
this Agreement, as herein provided, shall not terminate, suspend or affect the liability
of the Contractor or impair any other remedy for breach of this Agreement the City
may have. Upon termination of this Agreement, the City shall have the right to acquire
the Contractor's trucks and equipment, paying reasonable value therefor.
ARTICLE X
INDEMNITY
Section 10.1 Indemnification
Contractor hereby agrees to and shall indemnify and hold harmless City, its
elected and appointed officials, commissions, officers, employees, and agents
(collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture,
claim, demand, action, proceeding or suit in law or equity of any and every kind and
description (including, but not limited to injury to and death of any Person and damage
to property, or for contribution or indemnity claimed by third parties) arising or
resulting from and in any way connected with (1) the negligence or willful misconduct
of Contractor, its officers, employees, agents, contractors and/or subcontractors in
performing services under this Agreement; (2) the failure of Contractor, its officers,
employees, agents, contractors and/or subcontractors to comply in all respects with
the provisions of this Agreement, applicable laws (including, without limitation, the
Environmental Laws), ordinances and regulations, and/or applicable permits and
licenses; (3) the acts of Contractor, its officers, employees, agents, contractor and/or
subcontractors in performing services under this Agreement for which strict liability
is imposed by law (including, without limitation, the Environmental Laws); (4) claims
against City relating to the property tax levy for refuse collection, including but not
limited to claims for refunds; and (5) any claim that the City has violated state or
federal law in granting the franchise or in the City's performances under the
Agreement. The foregoing indemnity shall apply regardless of whether such loss,
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liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or
damage is also caused in part by any of the indemnities' negligence, but shall not
extend to matters resulting from the indemnities' sole or active negligence, willful
misconduct of breach of this Agreement.
Contractor's duty to indemnify and defend from the aforementioned events
arising during the Term of the Agreement and as it may be extended shall survive the
expiration or earlier termination of this Agreement.
Upon the occurrence of any Claim, Contractor, at Contractor's sole cost and
expense, shall defend, with counsel approved by City, the City, its officers, employees,
agents, assigns, and volunteers provided, however, that in the event the named parties
to any such Claim (including any impleaded parties) include both the Contractor and
the City, and if the City has one or more legal defenses available to it which are in
direct conflict with the best interests of the Contractor and which therefor preclude
the same counsel from representing the City and Contractor jointly, then the City shall
have the right to select separate counsel, with the consent of Contractor which will
not be withheld unreasonably, at the sole cost and expense of Contractor to pursue
such legal defenses and to otherwise participate in the defense of such action on
behalf of the City to the extent that joint representation of the City and Contractor is
not permissible because of conflicts of interest between the City and Contractor.
Contractor's duty to indemnify and defend shall survive the expiration or earlier
termination of this Agreement.
Section 10.2 Hazardous Substances Indemnification
Contractor shall indemnify, defend with counsel reasonably acceptable to City,
protect and hold harmless City, its elected and appointed officials, commissions,
officers, employees, and agents (collectively, indemnities) from and against all claims,
damages (including, but not limited to, special, consequential, natural resources and
punitive damages), injuries, costs (including without limit any and all response,
remediation and removal costs), losses, demands, debts, liens, liabilities, causes of
action, suits, legal or administrative proceedings, interest, fines, charges, penalties,
attorney's fees for the adverse party and expenses (including without limit attorneys'
and expert witness fees and costs incurred in connection with defending against any
of the foregoing or in enforcing this indemnity), (collectively, "Damages") of any kind
whatsoever paid, incurred or suffered by, or asserted against, indemnities arising from
or attributable to the acts or omissions of Contractor, its officers, directors,
employees, companies or agents, whether or not negligent or otherwise culpable, in
connection with or related to the performance of this Agreement, including without
limit Damages arising from or attributable to any repair, cleanup or detoxification, or
preparation and implementation of any removal, remedial, response, closure or other
plan (regardless of whether undertaken due to governmental action) concerning any
Hazardous Substance, Hazardous Waste, and/or House Hazardous Waste (Collectively,
"Waste") in City at any places where Contractor transports, processes, stores or
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disposes of City Solid Waste, and/or construction and street debris, or other Solid
Waste. The foregoing indemnity is intended to operate as an agreement pursuant to
§ 107(e) of the Comprehensive Environmental Response, Compensation and Liability
Act, CERCLA, 42 USC. §9607(e) and California Health and Safety Code §25364, to
defend, protect, hold harmless, and indemnify City from liability. This provision is in
addition to all other provisions in this Agreement and shall survive the end of the term
of this Agreement. The foregoing applies only to facilities owned or operated by
Contractor or its Affiliates or any facility that Contractor selects for Disposal of Solid
Waste Collected pursuant to this Agreement.
Section 10.3 AB 939 Indemnification
A. Contractor agrees to defend, with counsel approved by City, indemnify
and hold harmless the City against all fines and/or penalties imposed by the California
Integrated Waste Management Board ("Board"), if Contractor fails or refuses to provide
information relating to its operations which is required under this Agreement and such
failure or refusal prevents or delays City from submitting reports required by the Act
(AB 939) in a timely manner.
B. In addition, Contractor agrees, at its sole cost and expense, to:
1. assist City in responding to inquiries from the Board;
2. assist City in preparing for, and participating in, the Board's
biannual review of the City's source reduction and recycling element pursuant to Public
Resources Code Section 41825;
3. assist City in applying for an extension under Public Resources
Code Section 41820, if so directed by City;
4. assist City in any hearing conducted by the Board which may
culminate in issuance of a compliance Order held under Public Resources Code Section
41825;
5. defend, with counsel accepted by City, the City against the
imposition of administrative civil penalties by the Board pursuant to Public Resources
Code Section 41850;
6. indemnify and hold harmless the City against any such penalties
which are levied by the Board except if the failure to attain the diversion requirements
of the Act is due to (a) reduction or elimination of recycling programs provided for in
this Agreement ordered by City under Section 20.2, (b) actions or omissions of a
successor contractor so long as City is attaining the diversion requirement, or (c) City's
failure to comply with applicable laws or to implement programs or take other actions
reasonably necessary to attain the diversion requirements of the Act, which have been
recommended and substantiated by Contractor in writing.
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ARTICLE XI
COMPLIANCE WITH ALL LAWS
Section 1 1.1 Compliance with All Laws
Contractor agrees to conform to and abide by all of the rules, regulations and
ordinances of the City, and all laws of the State of California or the federal
government, governing the collection and hauling of Recyclable Materials. Contractor
shall cooperate with the City to facilitate its compliance with laws dealing with the
minimization of waste generation and disposal, including maintenance of records and
preparation of reports.
Contractor agrees to conform to and abide by all the valid rules, regulations and
ordinances of any governmental entity through which MSW may be hauled governing
the collection and hauling of MSW.
ARTICLE XII
TAXES
Section 12.1 Taxes
The Contractor shall pay all federal, state and local taxes, including sales taxes,
social security taxes, etc., which may be chargeable against the labor, material,
equipment or other items necessary in the performance of this contract.
ARTICLE XIII
EXCLUSIVE RIGHTS
Section 13.1 Grant of Franchise
The City grants to the Contractor the exclusive franchise, right and privilege to
engage in the business of collecting and transporting MSW generated within the City
and to use the City streets for such purposes for the Term, and within the scope, of
this Agreement.
Section 13.2 Scope of Franchise• Exclusiveness
The franchise granted to the Contractor shall be exclusive except as to the
following categories of materials, which may be delivered to and collected and
transported by others:
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1. lawn clippings, branches, leaves and similar material generated by
gardening or landscaping services which are transported by a Person
performing such service as an incidental part of such service and not as
a hauling business;
2. MSW which is personally transported by the Owner or occupant of the
individual Residential Premises at which it is generated to a licensed
public solid waste disposal facility;
3. MSW which is collected by City employees from City property and rights
of way;
4. Debris caused by an earthquake or other disaster when assistance of
other Persons is deemed necessary by the City;
5. Materials which are not MSW (e.g., untreated medical waste).
6. MSW generated by governmental entities which may, by law, make
independent arrangements for collection and disposal of solid waste.
7. Recyclable materials which are governed by separate agreement of even
date with this Agreement entitled Agreement for the Collection and
Recycling of Recyclable Materials.
ARTICLE XIV
RATES
Section 14.1 Maximum Rates to be Charged
The Contractor shall not charge or demand rates for such refuse collection
service in excess of those set forth in the current approved rate schedule (Exhibit A).
A copy of the then -current rate schedule shall be on file at City Hall and available for
inspection by the general public. Any modification of such rates may be initiated by
the Contractor or the City and shall be finally approved by the City before being
charged. The Contractor shall inform the City, at its request, of the rates charged a
particular individual or business. If a particular service is not provided a scheduled
rate, the Contractor and customer may negotiate a rate after written notice to, and
upon written approval of, the City.
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ARTICLE XV
REVIEW OF RATES
Section 15.1 CPI Based Change
Contractor may request in writing a rate increase once a year during the month
of March, to reflect ordinary changes in the cost of doing business, as measured by
fluctuations of the Consumer Price Index (CPI), published by the U.S. Department of
Labor, Bureau of Labor Statistics, for the Los Angeles -Anaheim -Riverside area, subject
to City Council approval. Such requests shall be accompanied by a statement from an
independent certified public accountant that, based on a review of the Contractor's
financial records, the Contractor's cost of providing service under this Agreement has
increased at a rate at least equal to the increase in the CPI from January of the
previous year to January of the current year. The fees or compensation may be
increased in a percentage amount equal to fifty percent (50%) of the net percentage
change in said CPI, computed as the difference between the index from January of the
previous year to January of the current year. For a requested increase, the Contractor
shall pay for one half of the processing costs not to exceed $3,000.
Section 15.2 Extraordinary Cost Based Change
In lieu of a rate increase request in writing under Section 15.1, the Contractor
may request a rate adjustment on the basis of unusual changes or extraordinary
increases in direct costs of operation. In such event, the Contractor shall provide a
form in direct accordance with Section 15.3, which may be completely tested and
audited by the City's accounting personnel, or if the City chooses, by an independent
Certified Public Accountant, licensed public accountant or other agent. Any such
testing and auditing shall be at the expense of the Contractor and under the sole
direction of City.
Section 15.3 Supporting Information
The Contractor shall provide the City, in the event the Contractor requests a rate
adjustment on the basis of unusual changes or extraordinary increases or costs of
doing business, with a copy of its certified annual financial statements prepared by a
Certified Public Accountant or a licensed public accountant, which shall have been
prepared in compliance with Rule 58 of the "Rules and Regulations of the State Board
of Accountancy," as established by the California Code of Regulations, Title 16,
Chapter I. Such Certified Public Accountant or licensed public accountant shall be
entirely independent of the Contractor and shall have no financial interest whatsoever
in the business of the Contractor. The City may specify the form and detail of the
financial statements.
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The City, or its representative, shall upon request be provided access to
Contractor's operating and financial records, including but not limited to (1) general
ledger computer printout for the immediately preceding fiscal year, including line -item
details on operating income; (2) documents and monthly schedules in support of the
audited financial statements of cash receipts and surcharge revenue; (3) management
reports showing profit and loss for the service provided to the City under this
Agreement and for the Contractor's company -wide operations; and (4) working papers
from prior or on -going audits, including those undertaken by Contractor or Contractor's
parent company.
Section 15.4 Decision: Effective Date
The City shall render a written decision on the Contractor's request, either
accepting, rejecting, modifying or deferring the same and reciting the basis of its
decision. The decision shall be within the sole and absolute discretion of the City
Council, subject to all applicable laws. Any rate increases granted by the City Council
under the provisions of this section shall take effect beginning July 1 of that year for
commercial industrial rates and January 1 of the following year for residential.
Section 15.5 Final Year Payments
Due to the fact that each year's tax rates which are computed for a calendar
year are applied in the tax rolls in a fiscal year, during the final six (6) months of this
Agreement Contractor will be entitled to only fifty percent (50%) of the tax role fees
collected.
Section 15.6 City Right to Set Rates
Nothing in this Article 15 shall preclude City from adjusting rates in the years
that Contractor does not file a CPI rate increase request for purposes of changing the
fees described herein or for any other purposes.
Section 15.7 Maximum Rates
At any time during the term of this Agreement, the City may conduct an
assessment, at its sole cost and expense, to determine the lowest rate for residential
refuse collection services provided to incorporated municipalities in the Coachella
Valley (the "Rate"). The Rate shall consider "like" services provided to other
incorporated municipalities; "like services" shall be defined as MSW collection, curbside
recycling, curbside bulky items and automated green waste collection. Any services
by special agreements with gated communities shall not impact the definition of like
services. The City desires, that consistent with the terms and conditions set forth
herein, the rate charged by Contractor should not exceed one hundred and three
percent (103%) of the Rate. As a result, and not withstanding any provision in
Section 15 to the contrary, no rate increase request made by Contractor pursuant to
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Section 15.1 and 15.3, shall result in the rate charged by Contractor to exceed one
hundred and three percent (103%) of the Rate. The City shall be entitled to a rate
reduction if the assessment determines that the City's rate exceeds (103%) of the
lowest rate. In no event shall the City's Rate exceed the lowest rate for residential
refuse collection provided to more than one other city in the Coachella Valley.
ARTICLE XVI
CONTRACTOR PAYMENTS TO CITY
Section 16.1 Franchise Fee Payments
In consideration for, among other things, an exclusive contract, the Contractor
shall pay to the City eight percent (8%) of all gross receipts, exclusive of Disposal
Charges and fees collected, by Contractor pursuant to Section 16.2, received by it
under this Agreement. Payment shall be made to the City by the fifteenth (15th) of
every month for the preceding month's receipts. In the event of termination, the
balance due for the billing period during which the termination occurs, shall be paid
within thirty (30) days of the date of termination. For those amounts collected initially
by the City, City shall withhold the amounts attributable to AB 939, transfer costs to
Edom Hill prior to the actual switch to Edom Hill, the eight percent (8%) franchise
payment and any other amounts owed to the City pursuant to this Agreement or any
amendment thereto.
Section 16.2 Fees Collected by Contractor on Behalf of Cit
From time to time, City may impose certain fees as part of the rates established
for refuse collection service to fund recycling, source reduction, household hazardous
waste or other similar programs. City may also find it necessary to impose fees as
part of the rates established for refuse collection service due to new or existing federal
or state laws or regulations. If and when the rate schedule is modified to include such
fees, the Contractor shall collect said fees as part of the billing process and shall remit
said fees to the City on a quarterly basis by the twentieth (20th) day of January, April,
July, and October for the preceding quarter's fees. In the event of termination, the
balance due for the quarter during which termination occurs shall be paid within thirty
(30) days of the date of termination.
Contractor shall submit a report to the City on the fifteenth (15th) day of each
month describing the amount of such fees billed and collected during the preceding
month.
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ARTICLE XVII
COLLECTION FROM CITY FACILITIES AND CITY CLEANUPS
Section 17.1 Regular Disposal Service
The Contractor agrees to provide collection services, at no charge to the City,
for refuse containers on all City -owned property and at those locations designated by
the City at which City -sponsored events are held. The collections shall be made at a
frequency acceptable to the City.
The locations at which such collections are to be made include, but are not
limited to, the following:
1. City Hall
2. City Corporation Yard
3. Fritz Burns Park
4. Adams Park
5. Sports Complex on Avenue 50
6. Senior Center
7. As additional City facilities are developed or expanded, collection services
shall be provided by the Contractor at no charge to the City.
Section 17.2 On -Call Bulky Item Collection
The Contractor shall provide bulky item pick up service. Bulky items include
things such as appliances, household furniture, carpets, mattresses, trunks, stumps,
or limbs of trees in bundles. The trunks, stumps, or limbs of trees should not exceed
eighteen (18) inches in diameter nor four (4) feet in length. Homeowner Association
and single family unit customers will each be entitled to an unlimited amount of pick-
ups per calendar year, with a maximum of four (4) items per pick up, for no additional
charge. Customers will provide Contractor with a 48-hour notice and the items will
be collected on the customer's regular collection day.
An additional charge of $10 may be applied to each item exceeding the allowed
four (4) item per pick up limit.
Contractor, at its sole expense, shall create a brochure describing the on -call,
bulky item collection program. The brochure must be approved by the City.
Contractor shall send the brochure, at its sole expense, to each customer once per
year during the month of February throughout the duration of the contract.
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July 11. 2000
Section 17.3 Disaster Debris Cleanup Implementation Plan
On or before January 1, 1997, the Contractor (with input from City's
representative) shall prepare a draft disaster debris cleanup implementation plan. Said
plan shall advise the City concerning the procedures to be followed and the
prioritization of debris cleanup in the event of an earthquake, flood, or other natural
disaster. The plan shall address the following issues:
1. Establish priorities for disaster cleanup at critical facilities.
2. Outline procedures for reimbursement of costs for disaster debris
cleanup.
3. Describe a plan for radio, cellular telephone, ham radio, and other
methods of communication for use immediately after the disaster to
coordinate the cleanup.
4. List key Contractor and City contact persons, telephone numbers, and
other information necessary for communications after a disaster.
5. Provide maps showing proposed sites for stockpiling disaster debris that
cannot immediately be transported to a landfill or to a recycling facility.
In preparing the draft plan, the Contractor shall refer to similar plans developed
for disaster debris cleanup in other cities, counties, and states. The Contractor shall
also obtain information concerning disaster debris cleanup efforts after the recent Los
Angeles earthquake and the 1989 San Francisco earthquake.
The Contractor shall coordinate development of the disaster debris cleanup plan
with Coachella Valley Business Emergency Service Teams so that the plan is
consistent with the emergency preparedness plans for the Coachella Valley and with
other Coachella Valley cities served by Contractor.
The Contractor shall provide the draft disaster debris cleanup plan to the City
for review. The Contractor shall discuss the plan with City representatives, and shall
incorporate their comments into a final disaster debris cleanup plan. The final plan will
be distributed to the appropriate employees of the Contractor and appropriate City
employees.
Section 17.4 Illegal Dumping Assistance
Contractor will provide waste bins to be filled by City personnel and will haul
debris which has been illegally dumped upon request from authorized City personnel.
This service will be provided up to twelve bins per year.
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Section 17.5 Special Event Toilet Facilities
Contractor will provide up to a maximum of forty (40) portable toilet facilities
for special events designated by City over the term of the Agreement subject to
Contractor remaining in portable facility business.
ARTICLE XVIII
HOLIDAYS
Section 18.1 Holidays
Whenever a collection day falls on a holiday following a weekend (i.e., three-day
weekend), Contractor shall provide an alternative collection day, either the day before
or the day after the three-day weekend. If a holiday occurs mid -week, Contractor shall
provide an alternate collection day during that week.
ARTICLE XIX
OBLIGATIONS OF CITY
Section 19.1 Reasonable Cooperation
The City shall reasonably cooperate with the Contractor as may be required to
assist the Contractor in performing the services required under this Agreement.
Section 19.2 Exclusivity
So long as the Contractor is not in breach of this Agreement, the City will not
permit any other Person to collect MSW for which the exclusive right to collect has
been granted to the Contractor, from Premises within the City. Nothing contained
herein shall be construed to prohibit the City from removing MSW (including trash and
demolition debris) on City properties with its own employees or by means of separate
contracts with other Persons.
ARTICLE XX
GENERAL PROVISIONS
Section 20.1 Definitions
1. Agreement: "Agreement" means this Agreement between the City and
Contractor for the Collection and Disposal of Municipal Solid Waste dated as of
, including all exhibits and attachments, and any amendments hereto.
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2. Act: "Act" means the California Integrated Waste Management Act of
1989, as amended, Public Resources Code Sections 40000, et seq.
3. Bulky Items: "Bulky Items" means furniture, household or industrial
appliances, shipping crates and containers and other large bulky or heavy objects not
normally discarded on a regular basis at Residential, Commercial or Industrial Premises.
4. City: "City" means the City of La Quinta, a municipal corporation, and
all of the territory lying within the municipal boundaries of the City as presently
existing or as such boundaries may be modified during the Term.
5. Collection: "Collection" means collection of MSW and its transportation
to a Disposal Site.
6. Contractor: "Contractor" means Waste Management of California, Inc.,
a California corporation.
7. Commercial Premises: "Commercial Premises" means any premises
occupied by stores, offices, and other commercial facilities providing goods and
services.
8. Construction and Demolition Waste: "Construction and Demolition
Waste" includes waste building materials, packaging and rubble resulting from
construction, remodeling, repair and demolition operations on pavement, houses,
commercial buildings and other structures.
9. Delivery: "Delivery" of Recyclable Materials by a Waste Generator shall
be deemed to occur when Recyclable Materials are deposited in a receptacle or at a
location that is designated for Collection pursuant to the City's Municipal Code, or is
otherwise discarded.
10. Disposal Charge: The portion of the rates in Exhibit A included to cover
payment of landfill or transfer station tipping fees.
11. Disposal Site: "Disposal Site" means the solid waste facility or facilities
designated by the City for the ultimate disposal (by the Contractor) of MSW collected
by the Contractor. The Disposal Site may include, but is not limited to, a solid waste
landfill, a solid waste transfer or processing station, or a combination thereof.
12. Environmental Laws: "Environmental Laws" means all federal and state
statutes and county and city ordinances concerning public health, safety and
environment including, by way of example and not limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section
6901 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1351 et seq.; the
Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California
Hazardous Waste Control Act, California Health and Safety Code Section 25100 et
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seq.; the Porter -Cologne Water Quality Control Act, California Water Code Section
13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health
and Safety Code Section 25249.5 et seq.; as currently in force or as hereafter
amended and all rules and regulations promulgated thereunder.
13. Garbage: "Garbage" means all kitchen and table food waste and animal
or vegetable waste that attends or results from the storage, preparation, cooking or
handling of food stuffs.
14. Hazardous Waste: "Hazardous Waste" means a waste, or combination
of wastes, which because of this quantity, concentration or physical, chemical or
infectious characteristics, may do either of the following: (1) cause, or significantly
contribute to, an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; (2) pose a substantial present or potential hazard to
human health or environment when improperly treated, stored, transported or disposed
of or otherwise managed. Hazardous waste, extremely hazardous waste or acutely
hazardous waste in California Health and Safety Code Sections 251 10.02, 25115 and
25117 or in future amendments to or recodifications of such statutes or identified and
listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to
the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.).
15. Industrial Premises: "Industrial Premises" means premises occupied by
manufacturing operations and other industrial facilities.
16. Institutional Premises: "Institutional Premises" means premises occupied
by educational, health care, correctional, research and other similar facilities.
17. Municipal Solid Waste: "Municipal Solid Waste" or "MSW" means all
discarded putrescible and non-putrescible solid, semi -solid and liquid wastes including
Garbage, Refuse, Rubbish, Construction and Demolition Wastes or Bulky Items.
MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste
regulated under California Health and Safety Code Section 25800 et seq., (3)
untreated medical waste which is regulated pursuant to the Medical Waste
Management Act, California Health and Safety Code Section 25015 et seq., or (4)
Recyclable Materials which have been Segregated from other Waste Material by the
Waste Generator.
18. Officer: "Officer" includes any elected or appointed member of the City
Council and all other public officials of the City including but not limited to commission
members, City Attorney, City Engineer, City Clerk, and City Manager.
19. Owner: "Owner" means the Person holding legal title to the real property
constituting the Premises to which Recyclable Materials collection service is to be
provided under this Agreement.
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20. Person: "Person" means an individual, limited liability company,
association, partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever.
21. Premises: "Premises" means any land or building in the City where
Recyclable Materials is generated or accumulated.
22. Recyclable Materials: "Recyclable Materials" means materials which are
both (a) capable of being Recycled and (b) Segregated From Other Waste Material for
collection and Recycling, rather than collection and disposal.
23. Recycle/Recycling: "Recycle" and "Recycling" mean the process of
collecting, sorting, cleaning, treating and reconstituting materials that would otherwise
become Municipal Solid Waste and returning these materials to the economic
mainstream in the form of raw materials for new, reused or reconstituted products
which meet the quality standards to be used in the marketplace.
24. Refuse: "Refuse" includes Garbage and Rubbish.
25. Residential Premises: "Residential Premises" means single family homes,
townhouses, multi -unit buildings such as apartments and condominiums, and mobile
home parks.
26. Rubbish: "Rubbish" means non-putrescible Solid Wastes such as ashes,
paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics,
and rubber by-products.
27. Segregated From Other Waste Material: "Segregated From Other Waste
Material" means (1) the placement of Recyclable Materials in separate containers by
the Waste Generator, (2) the binding of Recyclable Materials separately from other
waste material by the Waste Generator, (3) the physical separation of Recyclable
Materials from other waste material by the Waste Generator.
28. Term: "Term" means the term of this Agreement.
29. Ton: "Ton" means a short ton of 2,000 pounds avoirdupois.
30. Waste Generator: "Waste Generator" means the Owner or occupant of
Premises which initially produce Recyclable Materials.
Section 20.2 Right of the City to Make Changes
The City, without amending this Agreement, may direct Contractor to cease
performing one or more types of service described in Article II, may direct Contractor
to modify the scope of one or more such services, may direct Contractor to perform
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additional MSW collecting and processing services, or may otherwise direct Contractor
to modify its performance under any other section of this Agreement in writing.
Contractor shall promptly and cooperatively comply with such direction.
If such changes cause an increase or decrease in the cost of performing the
services, an equitable adjustment in the compensation due Contractor shall be made.
If directed by City, Contractor will continue to perform the new or changed service
while the appropriate adjustment in compensation is being determined.
If the City has directed a change in the scope of work under this Section and
either party believes that such change will increase or decrease the costs of providing
service, the party which believes Contractor's compensation should be adjusted shall
within thirty (30) calendar days submit to the other party a proposed adjustment and
the parties shall thereafter meet and discuss the matter. Contractor shall promptly
provide all relevant schedules, supporting documentation and other financial
information requested by the City to evaluate the necessity for an adjustment and the
amount thereof. Within ninety (90) days of the submission of the proposed
adjustment, the City will determine the amount of the adjustment, if any, and shall
thereafter adjust Contractor's compensation accordingly. Any adjustments will be
made effective as of the first day of the following fiscal year and will reflect the
incremental cost or saving from the date the change became effective until the date
of the rate increase.
Section 20.3 Contractor's Status
Contractor is and at all times shall be an independent contractor and nothing
contained herein shall be construed as (1) making Contractor, or any person employed
or engaged by Contractor, an agent or employee of the City, (2) creating a joint
venture or partnership between the City and Contractor, or (3) authorizing Contractor
to create or assume any obligation or liability for or on behalf of the City.
Section 20.4 Force Majeure
Either party to the Agreement is excused from default of performance because
of conditions not the fault of and beyond its control, such as war, strikes, riots, civil
insurrections and acts of God. In the event of strikes, Contractor shall provide
alternative means of collecting and processing MSW, subject to prior approval of City.
Section 20.5 Failure to Perform
If the Contractor is in default as provided in Article IX, or fails to collect
materials herein specified for a period in excess of five (5) consecutive scheduled
working days, or in the sole judgment of the City fails to operate the system in a
satisfactory manner for a similar period, the City may:
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A. Notify the Contractor of the default and set a hearing to consider
termination as provided in Article I, or notify the Contractor by certified mail that the
Contractor has failed to perform waste disposal services for a period of five (5)
consecutive, scheduled working days, and the City's intent to take over as hereinafter
set out and operate such services using Contractor's equipment. Said notification shall
state the date and time that the City intends to terminate the Agreement; or
B. Use and operate Contractor's equipment itself until such matter is
resolved and the Contractor is again able to carry out its operation under this
Agreement. Any and all operating expenses incurred by the City in so doing shall be
paid to the City by the Contractor within thirty (30) days of billing. If not so paid, it
shall accrue interest and be an additional breach of contract. During such period, the
liability of the City to Contractor for loss or damage to such equipment so used shall
be that of a bailee for hire, ordinary wear and tear being specifically exempt from such
liability and burden of proof regarding negligence being that of Contractor. The liability
of Contractor to third person shall cease and all claims or demands arising out of the
operation of the collection service shall be directed solely to the City.
Provided, however, if Contractor is unable for any cause to resume performance
at the end of thirty (30) calendar days, all liability of the City under this Agreement to
Contractor shall cease and the City shall be free to negotiate with other contractors
for the operation of said collection service. Such operation with another contractor
shall not release Contractor herein of its liability to the City for such breach of this
Agreement.
C. In case of termination and City operation, the City shall have access to
Contractor's records for the purpose of billing, and shall retain all payments and funds
received for the period for which the City provides service.
The purpose of the Agreement is to facilitate the orderly collection of MSW and
preserving the general health, safety and welfare of City residents. Accordingly, the
City has the right to determine when Contractor has not performed services
satisfactorily, thereby constituting a failure to perform.
Section 20.6 Sale of Recyclables
Unless and until the City has directed the Contractor to deliver the MSW
collected to a Transfer Station, the Contractor may salvage materials from the MSW
it collects and shall be entitled to retain all revenues it receives from the sale of such
recovered materials. The revenue derived from such sales is not included in "gross
receipts" for purposes of calculating the Franchise Fee due to the City.
Upon receiving direction from the City to deliver MSW to a Transfer Station, the
Contractor shall cease any such salvage efforts.
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Section 20.7 Rights Remedies and Benefits Cumulative
It is agreed that each and every one of the rights, remedies and benefits
provided by this Agreement shall be cumulative, and shall not be exclusive of any other
said rights, remedies and benefits, nor of any other rights, remedies and benefits
allowed by law.
Section 20.8 Waivers
One or more waivers of any covenant, agreement or condition of default
regarding provisions of this Agreement by either the City or Contractor shall not be
construed as a waiver of a further breach of the same covenant, agreement, condition
or the right of such party thereafter to enforce each and every provision.
Section 20.9 Approval by City
Wherever approval by the City is required, it shall mean approval by the City
Manager or the City Manager's designee.
Section 20.10 Notices
Under this Agreement, whenever provision is made for notice of any kind, it
shall be deemed sufficient notice, and service thereof if the said notice is in writing and
is deposited in the mail in a properly stamped envelope to be delivered by certified
mail, addressed as follows:
If to the City: Attention: City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
If to the Contractor: Attention: Division President
Waste Management of the Desert
41575 Eclectic Street
Palm Desert, CA 92261
Changes in the respective addresses to which such notices shall be directed may
be made from time to time by either party. Notice of any such change in address shall
be directed to the other party in writing by certified mail.
Section 20.11 Arbitration
Any controversy or claims arising out of or relating to this Agreement, or breach
thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrators may
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be entered in any court having competent jurisdiction thereof. Such controversy or
claim shall be submitted to one arbitrator mutually selected from the local panel of the
American Arbitration Association.
Each party shall bear its own costs, including attorneys fees, except that
Contractor shall be responsible for paying the costs of the arbitrator.
Section 20.12 Legal Jurisdiction
This Agreement and the rights of the parties hereunder shall be interpreted under
the laws of the State of California.
Section 20.13 Paragraph Headings
The paragraph headings of this Agreement are not a part of this Agreement and
shall have no effect upon the construction or interpretation of any part of this
Agreement.
Section 20.14 Entire Agreement
This document contains the entire Agreement of the parties hereto with respect
to matters covered hereby, and no other agreement, statement or promise made by
any party hereto, or agent of such party, which is not contained herein, shall be
binding or valid. No purported modification, amendment or other change in this
Agreement shall be valid unless set forth in writing, and signed by both Contractor and
the City.
Section 20.15 Subcontracting
This Agreement, or any portion thereof, shall not be subcontracted except with
the prior written consent of the City. No such consent shall be construed as making
the City a party to such subcontract, or subjecting said City to liability of any kind to
any subcontractor.
Section 20.16 Compensation to Contractor
A full compensation to the Contractor for all the services to be performed by it
under this Agreement, including but not limited to those required by Articles ll, III, IV
and VII, the Contractor shall be entitled to collect the service fee then in effect for all
MSW collected by the Contractor under the terms of this Agreement. No payment is
due Contractor from the City.
Section 20.17 Fees for Refuse Collection
Fees for refuse collection shall be set by resolution of the City Council and shall
continue in full force and effect until amended by resolution of the City Council.
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Section 20.18 Fees for Unusual Conditions
For collections requiring special equipment or otherwise not set forth in the
Agreement, fees may be charged as shall be agreed upon by the Contractor and the
customer. The Contractor shall notify City of said consent in writing.
Section 20.19 Change of Ownership
The City, in entering this Agreement, has placed a special value, faith and
confidence upon the experience, background and expertise of Contractor in the field
of MSW collection, hauling, recycling and marketing. Such faith and confidence being
a substantial consideration in the granting of this Agreement, the parties hereto agree
therefore that no change of ownership or transfer of stock in the Contractor's business
in an amount equal to or grater than ten (10) percent of such ownership or stock shall
take place without the prior written consent of the City.
Section 20.20 Contractor's Employee Relations
Amounts of pay, vacation leave, sick leave, holiday leave, fringe benefits, and
other employee -related matters applicable to Contractor's employees shall be wholly
within the discretion of Contractor, subject to applicable law.
Section 20.21 Bankruptcy
If Contractor shall at any time during the term of this Agreement become
insolvent, or if proceedings in bankruptcy shall be instituted by or against Contractor,
or if Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver
or trustee in bankruptcy or a receiver of any property of Contractor shall be appointed
in any suit or proceeding brought by or against Contractor, or if Contractor shall make
an assignment for the benefit of creditors, then and in each and every such case, this
Agreement and the rights and privileges granted thereby shall immediately cease,
determine, and be forfeited and canceled without notice and without suit or other
proceeding.
Section 20.22 Invalid Provisions
The parties agree that in the event any covenant, condition or provision herein
contained is held to be invalid by any court of competent jurisdiction, the invalidity
hereof shall in no way affect any other provision in this Agreement if the provision
does not materially prejudice either Contractor or the City in their respective rights and
obligations hereunder and to that extent the provisions of this Agreement are
severable.
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Section 20.23 Waiver of Performance
The failure of either party to insist in any instance upon a strict performance by
the other party of any of the provisions, terms, covenants, reservations, conditions or
stipulations contained in the Agreement, shall not be considered a waiver thereof, and
the same shall continue and remain in full force and effect. No waiver by the City of
any provision term, covenant, reservation, condition or stipulation contained in this
Agreement shall be deemed to have been made in any instance unless expressed in the
form of a resolution by the City Council.
Section 20.24 Warranty
The Contractor warrants that it has not employed any officer or employee of the
City nor offered any gift, gratuity, contingent fee nor any other thing of value to such
officer or employee of the City in order to secure his or her assistance in obtaining this
contract. The Contractor agrees that it will not, during the Term, give or offer
anything of value to a City officer or employee, the offer or receipt of which would
violate California law.
Section 20.25 Exhibits
Exhibits A and B attached hereto are incorporated herein by this reference.
Section 20.26 Guaranty by Waste Management, Inc.
Concurrently with the execution of this Agreement, the Contractor shall furnish
a written guaranty of its performance hereunder, in form and substance satisfactory
to the City, executed by Waste Management, Inc.
ARTICLE XXI
OTHER OPERATIONAL REQUIREMENTS
Section 21.1 Rules and Regulations Governing Recyclable Materials
Contractor shall comply with Chapter 6.04 of the City Municipal Code and any
amendments thereto.
Section 21.2 Cooperation with Subsequent Providers
At the expiration of the Term, or in the event of the Agreement's earlier
termination under Section 9.1, Contractor, at its own expense, shall cooperate fully
with the City to ensure an orderly transition to any and all new service providers.
Such cooperation shall include, but not be limited to, providing route maps, route lists
and other similar information.
C:\My Documents\WPDOCS\ContWaste2000.wpd 39 July 11, 2000
Upon expiration, or earlier termination, the City shall have no continuing
obligations to Contractor other than those expressly provided for in this Agreement.
In connection therewith, Contractor acknowledges that Public Resources Code Section
49520 affords it no rights to notice or continuation of service greater than or different
from those provided under this Agreement and agrees to waive whatever rights it may
be afforded by Section 49520.
Section 21.3 Indemnification Regarding Lawsuits Challenging This
Agreement
If any lawsuit by any third party is commenced challenging the legality of this
Agreement, or challenging the action of the City Council in approving this Agreement,
Contractor shall, at its sole cost, and with counsel approved by City, defend, indemnify
and hold harmless the City, its officers, employees and agents against such lawsuit(s).
If a final judgment of a court of competent jurisdiction determines that this Agreement
is illegal or was unlawfully entered into by City, City may elect to terminate this
Agreement and in such event Contractor shall have no claim against City for damages
of any kind (including but not limited to loss of profits) on any theory.
This Agreement, consisting of forty (40) pages, not including Exhibits A and B
attached hereto, shall be executed in triplicate, of which each executed copy shall
have the full force and effect of an original.
Date: 4 7 L-:zc,-o0
ATTEST:
APPROVED AS TO FORM:
K TH INE JEN N, City Attorney
Date: -7 I (OV
Date: 71ZS 12.006
CITY OF LA QUINTA
WASTE
FORNIA, INC.
By: V V V u r N
Vice President �—
By: �.
Se
C:\Mv Documents\WPDOCS\ContWaste2000.Wod 41 July 12, 2000
Guaranty
THIS GUARANTY (the "Guaranty") is given as of the 5th day of July, 2000, by
WASTE MANAGEMENT, INC., a corporation organized under the laws of the State of
Delaware (hereafter "Guarantor"), to the CITY OF LA QUINTA, a municipal corporation
(hereafter the "City").
THIS GUARANTY is made with reference to the following facts and
circumstances:
A. Waste Management of California, Inc. (hereafter "Contractor") is a
corporation organized under the laws of the State of California.
B. Contractor and the City have negotiated an Agreement for the Collection,
Transportation and Disposal of Solid Waste, and Recycling of Recyclable Materials,
dated as of July , 2000, (hereafter collectively referred to as the "Agreement"), under
which the Contractor is granted the right to and assumes the duty of collecting Solid
Waste and certain Recyclable Materials generated within the City and arrangement for
their transport, processing, disposal or reuse. A copy of the Agreement is attached
hereto and incorporated herein by this reference.
C. It is a requirement of the Agreement, and a condition to the City's
entering into the Agreement, that Guarantor guaranty Contractor's performance of the
Agreement.
D. Guarantor is providing this Guaranty to induce the City to enter into the
Agreements.
NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as
follows:
1. Guaranty of the Agreements. Guarantor hereby irrevocably and
unconditionally",guarantees to the City to take necessary actions, including, but not
limited to the payment of funds, necessary to assure the complete and timely
performance, satisfaction and observation by Contractor of each and every term and
condition of the Agreement which Contractor is required to perform, satisfy or
observe. In the event that Contractor fails to perform, satisfy or observe any of the
terms and conditions of the Agreement, Guarantor will promptly and fully cause the
performance of the Contractor's obligations, either through an affiliate of Guarantor
or a third party satisfactory to the City in its reasonable judgement. Guarantor hereby
guarantees payment to the City of any damages, costs or expenses which might
become recoverable by the City from Contractor due to its breach of the Agreement.
C:\My Documents\WPDOCS\ContWaste2000.wpd 1 July 12, 2000
2. Guarantor's Obligations are Absolute. The obligations of the Guarantor
hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and
with respect to any payment obligation of Contractor under the Agreement, shall
constitute a guarantee of payment and not of collection.
3. Waivers. The Guarantor shall have no right to terminate this Guaranty or
to be released, relieved, exonerated or discharged from its obligations under it for any
reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy,
reorganization or cessation of existence of the Contractor; (2) any amendment,
modification or waiver of any provision of the Agreement; (3) the actual or purported
rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim
in bankruptcy resulting from the actual or purported termination of the Agreement; (4)
any waiver, extension, release or modification with respect to any of the obligations
of the Agreement guaranteed hereunder or the impairment or suspension of any of the
City's rights or remedies against Contractor; or (5) any merger or consolidation of the
Contractor with any other corporation, or any sale, lease or transfer of any or all the
assets of the Contractor. Without limiting the generality of the foregoing, Guarantor
hereby waives the rights and benefits under California Civil Code Section 2819.
The Guarantor hereby waives any and all benefits and defenses under California
Civil Code Sections 2845, 2849 and 2850, including, without limitation, the right to
require the City to (a) proceed against Contractor, (b) proceed against or exhaust any
security or collateral the City may hold now or hereafter hold, or (c) pursue any other
right or remedy for Guarantor's benefit, and agrees that the City may proceed against
Guarantor for the obligations guaranteed herein without taking any action against
Contractor or any other guarantor or pledgor and without proceeding against or
exhausting any security or collateral the City may hold now or hereafter hold.
Guarantor hereby waives any right which it may have to reimbursement from
Contractor for amounts disbursed by Guarantor and any right of subrogation to the
rights of the City against Contractor, including, without limitation, such rights as may
be provided under California Civil Code Sections 2847 and 2848. Guarantor agrees
that the City may unqualifiedly exercise in its sole discretion any or all rights and
remedies available to it against Contractor or any other guarantor or pledgor without
impairing the City's rights and remedies in enforcing this Guaranty.
The Guarantor hereby expressly waives diligence, presentment, demand for
payment or performance, protest and all notices whatsoever, including, but not limited
to, notices of non-payment or non-performance, notices of protest, notices of any
breach or default, and notices of acceptance of this Guaranty. If all or any portion of
the obligations guaranteed hereunder are paid or performed, Guarantor's obligations
hereunder shall continue and remain in full force and effect in the event that all or any
part of such payment or performance is avoided or recovered directly or indirectly from
the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice
of revocation given by Guarantor or Contractor prior to such avoidance or recovery,
and (b) payment in full of any obligations then outstanding.
C:\My Documents\WPDOCS\ContWaste2000.wpd 2 July 12, 2000
4. Term. This Guaranty is not limited to any period of time, but shall
continue in full force and effect until all of the terms and conditions of the Agreement
have been fully performed by Contractor, and Guarantor shall remain fully responsible
under this Guaranty without regard to the acceptance by the City of any performance
bond or other collateral to assure the performance of Contractor's obligations under
the Agreement. Guarantor shall not be released of its obligations hereunder so long
as there is any claim by the City against Contractor arising out of the Agreement based
on Contractor's failure to perform which has not been settled or discharged.
5. No Waivers. No delay on the part of the City in exercising any rights
under this Guaranty or failure to exercise such rights shall operate as a waiver of such
rights. No notice to or demand on Guarantor shall be a waiver of any obligation of
Guarantor or right to the City to take other or further action without notice or demand.
No modification or waiver of any of the provisions of this Guaranty shall be effective
unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be
effective except in the specific instance or matter for which it is given.
6. Attorney's Fees. In addition to the amounts guaranteed under this
Guaranty, Guarantor agrees to pay actual attorneys' fees and all other costs and
expenses incurred by the City in enforcing this Guaranty, or in any action or
proceeding arising out of or relating to this Guaranty, including any action instituted
to determine the respective rights and obligations of the parties hereunder.
7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be
a contract entered into in and pursuant to the laws of the State of California and shall
be governed and construed in accordance with the laws of California without regard
to its conflicts of laws rules for all purposes, including, but not limited to, matters of
construction, validity and performance. Guarantor agrees that any action brought by
the City to enforce this Guaranty may be brought in any court of the State of California
and Guarantor consents to personal jurisdiction over it by such courts. Guarantor
appoints the following person as its agent for service of process in California:
CT Corporation System
818 West Seventh Street, 2nd Floor
Los Angeles, CA 90017
8. SeveraL ty. If any portion of this guaranty is held to be invalid or
unenforceable, such invalidity shall have no effect upon the remaining portions of this
Guaranty, which shall be severable and continue in full force and effect.
9. Binding on Successors. This Guaranty shall inure to the benefit of the
City and its successors and shall be binding upon Guarantor and its successors,
including transferee(s) of substantially all of its assets and its shareholder(s) in the
event of its dissolution or insolvency.
C:\My Documents\WPDOCS\ContWaste2000.wpd 3 July 12, 2000
10. Authority. Guarantor represents and warrants that it has the corporate
power and authority to give this Guaranty, that its execution of this Guaranty has been
authorized by all necessary action under its Articles of Incorporation and By-laws, and
that the person signing this Guaranty on its behalf has the authority to do so.
11. Subordination. Any claims Guarantor may have against Contractor are
hereby subordinated to any and all claims of the City against Contractor until such time
as the obligations of Contractor to the City are fully satisfied and discharged.
12. Notices. Notice shall be given in writing, deposited in the U.S. mail,
registered or certified, first class postage prepaid, addressed as follows:
To the City: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
with a copy: City Attorney, at the same address.
To the Guarantor: Waste Management, Inc.
1001 Fannin, Suite 4000
Houston, TX 77002
Attention: General Counsel
IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and
year first above written.
WASTE MANAGEMENT, INC.
By:
Vice President
By:
%W J. idw
Vice President & Assistant Secretary
C:\My Documents\WPDOCS\ContWaste2000.wpd 4 July 12, 2000
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100% FRANCHISED JULY 2000
2 YARD SERVICE
$
48.34
$
17.47
$
3.88
$
69.69
2
$
84.20
$
33.29
$
7.76
$
125.25
3
$
118.30
$
49.21
$
11.63
$
179.14
4
$
152.21
$
64.99
$
15.51
$
232.71
5
$
186.18
$
77.59
$
19.39
$
283.16
6
$
220.41
$
96.54
$
23.27
$
340.22
EXTRA EMPTY
$
28.68
3 YARD SERVICE
1
$
60.67
$ 25.01
5.82
$
91.50
2
$
104.42
$ 48.28
11.63
$
164.33
3
$
147.22
$ 70.90
17.45
$
235.57
4
$
186.84
$ 93.46
23.27
$
303.57
5
$
228.98
$ 116.54
29.07
$
374.59
6
$
269.68
$ 138.96
34.89
$
443.53
EXTRA EMPTY
$
39.39
4 YARD SERVICE
1
$
82.96
$ 33.69
7.76
$
124.41
2
$
129.77
$ 63.37
15.51
$
208.65
3
$
178.35
$ 92.94
23.27
$
294.56
4
$
227.11
$ 122.84
31.01
$
380.96
5
$
273.22
$ 152.32
38.76
1 $
464.30
6
$
318.29
$181.661
46.51
$
546.46
EXTRA EMPTY
$
53.30
6 YARD SERVICE
1
$
124.46
$ 50.10
11.63 $
186.19
2
$
194.67
$ 96.18
23.27
$
314.12
3
$
267.49
$ 141.13
34.89
$
443.51
4
$
340.90
$186.09
46.51
$
573.50
5
231.85
58.14
$
699.83
g
M79.51
EXTRA EMPTY
NEW START FEE
$
5.71
RESTART FEE
$
15.00
DELIVERY FEE
$
16.16
LOCKED ENCLOSURE OR BIN PULL-OUT > 35' (per pick-up)
$
4•64
BIN PULL-OUT > 20'
$
26.55
LOCKING CONTAINER
$
51.81
REPLACEMENT LOCKING BAR
$
34.58
SATURDAY (for service < 6xlwk)
$
21.54
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE RESTATED
AND AMENDED AGREEMENT FOR THE COLLECTION,
TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND
WASTE MANAGEMENT OF CALIFORNIA, INC.
WHEREAS, Chapter 6.04 of the La Quinta Charter and Municipal Code
authorizes the collection, transportation and disposal of municipal solid waste; and
WHEREAS, City staff has negotiated. a Restated and Amended
Agreement, pursuant to City Council direction, with Waste Management of California,
Inc., for the collection, transportation and disposal of municipal solid waste.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta that the Restated and Amended Agreement for Collection,. Transportation
and Disposal of Municipal Solid Waste by and between the City of La Quinta and
Waste Management of California, Inc., (Attachment 1 ) is hereby approved.
PASSED, APPROVED and ADOPTED at an adjourned regular meeting of
the La Quinta City Council, held on this 5' day of July, 2000, by the following vote,
to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
JOHWJJ. PENA, or
City of La Quinta, California
Resolution No. 2000-83
Waste Management
Collection, Transportation & Disposal of Municipal Solid Waste
July 5, 2000
Page 2
ATTEST:
JU . GREEK, CMC%AA , City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
. KATHERI E JENSON ity Atto ney
City of La Quinta, California
B-2
RESOLUTION NO. 2000-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE RESTATED
AND AMENDED AGREEMENT FOR THE COLLECTION AND
RECYCLING OF RECYCLABLE MATERIALS BY AND
BETWEEN THE CITY OF LA QUINTA AND WASTE
MANAGEMENT OF CALIFORNIA, INC.
WHEREAS, Chapter 6.05 of the La Quinta Charter and Municipal Code
authorizes the removal and conveyance of recyclable materials; and
WHEREAS, City staff has negotiated a Restated and Amended
Agreement, pursuant to City Council direction, with.Waste Management of California,
Inc., for the collection and recycling of recyclable materials.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta that the Restated and Amended Agreement for Collection and Recycling of
Recyclable Materials by and between the City of La Quinta and Waste Management
of California, Inc., (Attachment 1) is hereby approved.
PASSED, APPROVED and ADOPTED at an adjourned regular meeting of
the La Quinta City Council, held on this 5t' day of July, 2000, by the following vote,
to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
B-3
— ()Q� -
JOHN W PEN ayor
City of La Quinta, California
Resolution No. 2000-84
Waste Management
Collection and Recycling of Recyclables
July 5, 2000
Page 2
ATTEST:
JUNE RE , CMC/AAE, Ity CI rk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHER E JENSOCity Att ey
City of La Quinta, California
C .l
This., bond replAces and supersedes Fireman's Fund Bond No. 11127317813 effective 8/1/2002.
CHUBB GROUP OF INSURANCE COMPANIES
& I
CHUBB 15 Mountain View Road, P.O. Box 1615, Warren, New Jersey 07061-1615
FEDERAL INSURANCE COMPANY
PERFORMANCE BOND
Bond No. 8145 59 69 Amount $1, 000, 000.00
Know All Men By These Presents,
Thatwe, Waste Management of California, Inc.
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly orga-
nized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly
bound unto City of La Quinta, CA
(hereinafter called the Obligee),
in the sum of One Million and No/ 100 ---
Dollars
($ 1, 000, 000.00 --- ), for the payments of which we, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
Sealed with our seals and dated this 12th
day of August
X1Y9 2002
WHEREAS, the Principal entered into a certain Contract with the Obligee, dated August 1 '46
for
Trash Disposal
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part
hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Prin-
cipal shall well and truly keep, do and perform each and every, all and singular, the matters and things in
said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in
the manner in said Contract specified, or shall pay over, make good and reimburse to the above named
Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of
the said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and
effect, subject, however, to the following conditions:
NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE CONTRARY, THE LIABIL-
ITY OF THE PRINCIPAL AND THE SURETY UNDER THIS BOND IS LIMITED TO THE TERM OF THE
CONTRACT FROM August 1, 2002 TO August 1, 20C13 . ANY EXTENSIONS
OR RENEWALS OF THIS BOND MUST BE CONSENTED TO IN WRITING BY THE PRINCIPAL AND
THE SURETY. FAILURE TO EXTEND OR RENEW THIS BOND BY THE PRINCIPALAND THE SURETY
SHALL NOT CONSTITUTE A DEFAULT UNDER THIS BOND.
(over)
Contracts with Renewal Options
Form 15-02-0300 (Rev. 4-95)
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
Waste Management of California, Inc.
I Principal
Terri Morris n, Attorney-i1-.Fact
FEDE� INS NCE COMPANY
annis MattfsoAi, -Attorne3k-jn-Fact
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS that each of the entities listed on
Exhibit A attached hereto (individually, the "Corporation') does hereby constitute and
appoint Robert Bruce, Donald R. Gibson, Melissa Haddick, Jacqueline Kirk, Tannis
Mattson, Terri Morrison, and Sandra Parker of Marsh USA Inc. as its true and lawful
agent to execute and deliver, in the Corporation's name and on the Corporation's behalf,
surety, performance, bid and payment bonds and to affix thereon the Corporation's seal.
IN WITNESS WHEREOF, the Corporation has caused this instrument to be
signe Vice Pre 'a ent and asurer and its corporate seal to be affixed hereto
this Mday of , 2002.
Witness:
Donna L. Meals
Director, FinanaaI surance
Waste Management, Inc.
Ronald. H. Jones
Vice President and Treasurer
1328
1329409 Ontario Inc.
NA 0000001
Active
1329
3368084 Canada Inc.
NA-0000003
Active
1330
635952 Ontario Inc.
NA-0000005
Active
1331
709292 Alberta Ltd.
NA-0000006
Active
1332
730810 Alberta Ltd.
NA-0000007
Active
1333
740922 Alberta Ltd.
NA-0000008
-Active
1334
.762570 Alberta Ltd.
NA-0000009
Active
0105
A 1 Compaction Inc.
13-2631473
Active
1336
Acaverde SA de C.V.
NA-0000010
Active
1337
jAcaverde Senddos, SA de C.V.
NA-0000011
Active
1448
Adam J. Deitrick and Sons Disposal & Coal Hauling, Inc.
23-2569755
Active
0109
Advanced Environmental Technical Services, L.L.C.
36-4016575
Active
0112
Akron R tonal Landfil, Inc.
31-1595650
Active
0113
Alabama Waste Disposal Solutions, L.L.C.
76-0641853
Active
0116
Alliance SanitaryLandfill, Inc.
23-2383025
Active
1480
Afstate Disposal Service, Inc.
39-1254020
Active
0118
All -Waste Systems, Inc.
13-2722291
Active
0121
American Landfill Gas Company
34-1817578
Active
0122
American LandfiN, Inc.
34-1355783
Active
0123
American RRT Fiber Supply, L.P.
23-2790769
Active
0124
American Waste Control of New York, Inc.
13-3469448
Active
0127
Anderson Landfill, Inc.
76-0590137
Active
0128
Anderson -Cottonwood Disposal Services, Inc.
68-0114107
Active
0133
Antelope Valley Recycling and Disposal Facility, Inc.
95-3344381
Active
0132
Arden Landfill, Inc.
25-1249512
Active
0142
Atlantic Waste Disposal, Inc.
36-3852536
Active
0145
Automated Salvage.Transport, Inc.
W1292409
Active
1339
Awdwaste Services SA
NA-000W13
Active
1567
AZ Newco, L.L.C.
69-000498
Active
1042
Azusa Land Reclamation, Inc.
95-2908438
Active
0150
B & E Cartage Inc.
55-0664208
Active
0151
B & L Disposal Co.
88-0087834
Active
0149
B&B Landfill, Inc.
58-2437473
Active
1029
Bads Pressure Turbine, LLP
74-2957622
Active
0153
Baltimore Environmental Recovery Group, Inc.
52-1913640
Active
0155
Bayside of Marion, Inc.
22-3479629
Active
0159
Bentofic Technologies (Canada), Inc.
NA-0000016
Active
1469
BentD& Technologies (USA), Inc.
88-0388292
Active
0161
Best Recyding & Disposal, Inc.
41-1801671
Active
1343
Bestan Inc.
NA-0000017
Active
0284
Big Dipper Enterprises, Inc.
45-0325454
Active
0162
Big Valley Transport Inc.
55-0697385
Active
0163
Bio-Energy Partners
36-3500224
Active
0165 jBisig
Disposal Service, Inc.
16-1118480
Active
1454
Bland Disposal Service, Inc.
59-1662042
Active
1489
Blue Water Fiber Limited Partnership
38-3158273
Active
0376
Bluegrass Containment, L.LC.
76-0641298
Active
0169
Boone Waste Industries, Inc.
59-2978195
Active
0170
Booths Creek Sanitation, Inc.
55-0647125
Active
0171
Bosarge & Edmonds Contractors, Inc.
64-0715724
Active
0172
Boudin's Waste & Recycling, Inc.
64-0641846
Active
0173
Braddon Enterprises, Inc.
55-0625131
Active
0176
Brand Scaffold, Inc.
UK-0000003
-Active
0177
Brazoria County Recycling Center, Inc.
76-0196W9
Active
0181
Bumsville Sanitaq Landfill, Inc.
41-1882463
Active
0185
C & L Disposal Company, Inc.
68-0130033
Active
0186
C.D.M. Sanitation, Inc.
41-1295804
Active
0167
ICID. Landfill, Inc.
16-1091396
Active
0188
C.I.D. Refuse Service, Inc.
16-1262429
Active
1568
CA Newco, LLC.
69-0003500
Active
0191
Cal Sierra Disposal
94-2349727
Active
0193
Califomia Asbestos Monofill, Inc.
68-0232434
Active
1481
Carifomia Waste Recovery Systems, Inc.
UK-0000005
Active
0195
Campbell Wells Norm Corporation
76-0383660
Active
1346
lCanadian Waste Services Holdings, Inc.
NA-0000020
Active
1347
Canadian Waste Services, Inc.
NA 0000021
Active
1311
CAP/CRA, LL.C.
UK-0000007
Active
0197.
Capital Sanitation Company
88-0121888
Active
0196
lCapitol CiV Disposal, Inc.
84-0645674
Active
0377
Capitol Disposal, Inc.
76-0638591
Active
0198
Caramella-Balls rdini, Ltd.
88-0173055
Active
0199
Cardinal Ridge Development, Inc.
38-3020653
Active
1030
Carleton Farms Landfill, Inc.
38-3406996
Active
0200
Cannel Marina Corporation
9472643722
Active
0201
Carolina Grading, Inc.
57-=3608
Active
0202
Carver Transfer & Processing, LLC
41-1767917
Active
0203
Cedar Hammock Refuse Disposal Corporation
59-0804577
Active
0204
Cedar Ridge Landfill, Inc.
62-1727570
Active
0205
Central Disposal Systems, Inc.
42-0995450
Active
0206 lCentral
Missouri Landfill, Inc.
43-1397423
Active
entral Val Waste Services, Inc.
06-1487145
Active
hadwick Road Landfill, Inc.
58-1798581
Active
hambers Clearview Environmental Landfill, Inc.
25-1652556
Active
E
hambers Development Company, Inc.
25-1214958
Active
hambers Development of Ohio, Inc.
76-0694900
Active
hambers of Asia
NA-0000159
Active
0168
Chambers of Georgia, Inc.
58-2397639
Active
1587
Chambers of Hong Kong, Inc.
NA-0000156
Active
0217
Chambers of Mississippi, Inc.
25-1628285
Active
0219
Chambers of West Virginia, Inc.
25-1588129 1
Active
0220
Chambers Services, Inc.
25-1653548
Active
0221
Charlotte Landscaping and Sanitation Services Inc.
59-0862386
Active
1478
Chaska Sanitation, Inc.
41-1738897
Active
1010
ChastangLandfill, Inc.
76-0638602
Active
0224
Chemical Waste Management of Indiana, L.L.C.
36-4067587
Active
0227
Chemical Waste Management of the Northwest, Inc.
91-1089393
Active
0223
Chemical Waste Management, Inc.
36-2989152
Active
0231
Chesser Island Road Landfill, Inc.
58-2364490
Active
0233
Chiquita Canyon Landfill, Inc.
94-2993437
Active
0235
CID MRRF, Inc.
36-3970169
Active
0236
City D' stems, Inc.
37- . 7001
Active
0237
iCity Environmental Services Landfill, Inc. of Florida
58-1931257
Active
0239
City Environmental Services Landfill, Inc. of Hastings
38-3058445
Active
0240
City Environmental Services Landfill, Inc. of Lapeer
38-3278399
Active
0241
C' Environmental Services Landfill, Inc. of Panama C'
38-3261426
Active
0238
City Environmental Services Landfill, Inc. of Saginaw
38-3259281
Active
1561
City Environmental Services, Inc. of Florida
59-3503469
Active
0246
City Environmental Services, Inc. of Waters
38-=0069
Active
1560
City Environmental, Inc.
38-3407576
Active
0247
lCky Management Corporation
38-2056600
Active
0248
Clayton -Ward Company, Inc.
68-0253945
Active
0250
Cleburne Landfill Company Corp.
59-3069374
Active
0251
Cleburne Landfill Corporation
38-3125468
Active
0253
Cloverdale Disposal, Inc.
94-2668608
Active
0254
CNS Holdings, Inc.
36-4132352
Active
0255
CNSI Sub, Inc.
58-2140641
Active
0256
Coast Waste Managernent Inc.
95-2557952
Active
0257
Cocopah Landfill, Inc.
86-ON9420
Active
0259
Colorado Landfill, Inc.
76-0639312
Active
0264
Columbia Geosystems Ltd.
MA40000024
Active
1031 lColumbia
Regional Transportation, Inc.
764)648501
Active
1027
Commercial Disposal Service, Inc.
55-0521601
Active
0268
Connecticut Valley Sanitary Waste Disposal, Inc.
04-2796580
Active
0269
Conservation Services, Inc.
84-0915035
Active
0270
Container ReWcling Alliance, L.P.
36-3730138
Active
1312
Continental Waste Industries Arizona, Inc.
22-3146904
Active
0272
CopperMountain Landfill, Inc.
86-0697738
Active
0274
Coshocton Landfill, Inc.
31-1214800
Active
0275
Cougar Landfill, Inc.
76-0211843
Active
0276 lCountryside
LandfiN, Inc.
36-2838336
Adve
1450
Cuyahoga Landfill, Inc.
76-0680496
Active
0280
CWM Chemical Services, L.L.C.
36-4203347
Active
0281
CWM Resource Recovery, Inc.
31-0951369
Active
1458
D & T Refuse Service, Inc.
34-1536941
Active
0283
Dafter Sanitary Landfill, Inc.
38-2754804
Active
0285
Dakota Resource Recovery, Inc.
41-1428516
Active
0286
Dauphin Meadows, Inc.
23-2390183
Active
0289
Deep Valley Landfill, Inc.
23-2886200
Active
0290
Deer Track Park Landfill, Inc.
39-1802678
Active
0291
DELand Landfill, Inc.
76-0590138
Active
0292
Delaware Recyclable Products, Inc.
51-0334417
Active
0293
Dickinson Landfill, Inc.
76-0325384
Active
0294
Disposal Service, Inc.
55-0618479
Active
1032
Don's Garbage Service, Inc.
93-0796632
Active
1594
Donahue/JRP Asia Pacific Ltd
NA-0000163
Active
0299
Donno Company, Inc.
11-1734007
Active
0301
Duluth Waste Marketing, Inc.
76-05MI52
Active
0325
E.C. Waste, Inc.
664)523535
Active
0305
Earthcorp, L.L.C.
61-1342589
Active
0306
Earthmovers Landfill, L.LC.
61-1342691
Active
0307
East Live Landfill, Inc.
34-1637446
Active
0309
Eastern Development Services, Inc.
22-3576242
Active
0310
Eastern Disposal of Georgia, Inc.
76-0639270
Active
1559
Eastern One Land Corporation
76-0695122
Active
0319
Eastern Transfer of New York, Inc.
22-3535642
Active
0322
Eastern Waste of New York Inc.
22-3476672
Active
0324
Eastern Waste of West Virginia, Inc.
55-0758221
Active
1581
Ecolbec SA de CV
NA-0000150
Acfive
0331
EI Coqui de San Juan
664)525083
Active
0332
1 El Coqui Landfill Company, Inc.
66-0555785
Active
0333
El Coqui Waste Disposal, Inc.
7640480500
Active
1033
ELDA Landfill, Inc.
76-0639272
Active
0335
Elk River Landfill, Inc.
41-1283941
Alive
1446
Envirofil Illinois Acquisition Corp.
91-2155129
Active
0339
Envirofil of Illinois, Inc.
37-0957555
Adive
0342
Environmental Control, Inc.
85-0325898
Active
0346
Equipment Credit Corporation
76-"71150
Alive
0347
Evergreen Landfill, Inc.
76-0472693
Active
loll
Evergreen Recyding and Disposal Facility, Inc.
76-0638587
Active
0354
F F F, Inc.
4140943545
Active
1355
F.U. International Ltd.
NA4X00029
Active
0350
Farmers LandfiN, Inc.
434KNO 0
Adivee
0351
Feather River Disposal, Inc.
06-1479349
Alive
0353
FernleyDisposal, Inc.
AF-0000023
Active
1479
Field of Dreams Recyding Center Inc.
41-1875126
Active
0358
Front Ra Landfill, Inc.
76-0479974
Acute
0359
Frontier Environmental, Inc.
59-3221517
Active
0361
G.C. Environmental, Inc.
764=898
Alive
0367
G.I. Industries
87-0430285
Active
0362
GA Landfills, Inc.
58-2293782
Alive
0363
Gallia Landfill, Inc.
31-1509605
Active
0364
Garnet of Maryland, Inc.
52-1916417
1 Alive
1595
GCP Engineering Ltd
NA-0000164
Active
1359
Geolining Abdichtungstechnik GmbH
NA-0000032
Active
0366
Georgia Waste Systems, Inc.
58-1028526
Active
1360
Gestion Des Rebuts D.M.P.
NA-0000033
Active
0369
Glen's Sanitary Landfill, Inc.
38-2065407
Active
0371
Graham Road Recycling & Disposal Facility, Inc.
76-0412397
Active
0373
lGrand Central Sanitary Landfill, Inc.
23-2049337
Active
1477
Greater Midwest, Inc.
76-0697217
Active
0378
Green Valley Disposal Company, Inc.
94-2148643
Active
1596
Greenworks, Inc.
58-2330502
Active.
0381
Ground Sea Air International Forwarder Inc.
NA-0000038
Active
1363
Grupo WMX, SA De C.V.
NA-0000039
Active
0382
Guadalupe Rubbish Disposal Co., Inc.
95-2746842
Active
0383
Guam Resource Recovery Partners, L.P.
36-4149976
Active
0384
Gulf Disposal, Inc.
59-1052056
Active
0385
Guyan Transfer and Sanitation Service, Inc.
55-0487165
Active
1597
H.W. Ward Trash Co.
71-0684338
Active
0388
Ham Lake Haulers, Inc.
41-1704537
Active
0393
Harris Sanitation, Inc.
59-1219741
Active
arwood Landfill, Inc.
52-1637402
Alive
V
edco Landfill, Ltd.
NA-0000040
Active
illsboro Landfill Inc.
93-0760239
Active
0400
Holyoke Sanitary Landfill, Inc.
04-2481863
Active
0402
IN Landfills, L.L.C.
61-1342588
Active
0404
Independent Sanitation Company
88-0126699
Active
1368
Intersan Inc.
NA-0000041
Active
0408
jJahner Sanitation, Inc.
45-0410330
Active
0409
jJay County Landfill, L.L.C.
61-1342592
Active
0411
John Smith Landfill, Inc.
77-0462653
Active
1370
Johnson Filtration Syskems Limited
NA-0000044
Active
0414
Jones Sanitation, L.L.C.
61-1342583
Active
0415
Junker Sanitation Services, Inc.
4140963253
Active
0416
K and W Landfill Inc.
38-2504167
Active
0417
Kahle Landfill, Inc.
43-1682575
Active
0418
Keene Road Landfill, Inc.
59-2044226
Active
0420
Kelly Run Sanitation, Inc.
25-1696669 1
Active
0421
Ken's Pickup Service, Inc.
38-3132789
Active
1372
Key Disposal Ltd.
NA-0000045
Active
0422
Kimmins Recycling Corp.
59-2984276
Acute
0423
King George Landfill, Inc.
54-1632806
Active
1313
KN Industrial Services, Inc.
76-0697201
Active
0425
Knutson Material Recovery Facility, Inc.
41-1671543
Active
0426
Knutson Services, Inc.
41-0971940
Active
1482
Kubasch & Sons, Inc.
41-1247801
Active
1
0427 JUM
Landfill, Inc.
84-1492401
Active
0430
Land Reclamation Company, Inc.
36-3640284
Active
1012
Landfill of Pine Ridge, Inc.
76-0638593
Active
0431
Landfill Services of Charleston, Inc.
55-0731302
Active
0432
Landfill Systems, Inc.
85-0444532
Active
0433
La 's Sanitary Service, Inc.
94-2362392
Active
0436
Laurel Highlands Landfill, Inc.
25-1640583
Active
0437
Laurel Ridge Landfill, L.L.C.
61-1342582
Active
0438
LCS Services, Inc.
55-0673745
Active
0440
LFG Production, L.P.
36-4191460
Active
0441
LG-Gamet of Maryland JV
52 2059945
Active
0443
Liberty Landfill, L.L.C.
61-1342590
Active
0444
Liberty Lane West Owners' Association
36-4163829
Alive
1325
Liberty Street Development Company, Inc.
76-0697202
Active
1565
jUghtning Disposal, Inc.
37-1332993
Active
0445
ILiquid Waste Management, Inc.
95-2779930
Active
1569
Longmont Landfill, L.L.C.
69-0003501
Active
1577
M.S.T.S. AG
NA-0000146
Active
0452
M.S.T.S., Inc.
36-3542321
Active
0451
M.S.T.S., Limited Partnership
36-3790528
Active
0456
Mahoni Landfill, Inc.
34-1047662
Active
0457
Maplewood Landfill, Inc.
25-1636549
Active
0458
Mara i Bros., Inc.
22-1406M
Active
0459
Mass Gravel Inc.
04-3117495
Active
0462
Mc Ginnes Industrial Maintenance Corporation
74-1532790
Active
0461
McDaniel Landfill, Inc.
45-0399545
Active
0753
McGill Landfill, Inc.
38-3076718
Active
0463
Meadowfill Landfill, Inc.
31-1509701
Active
0464
Michigan Environs, Inc.
38-2434760
Active
0466
Middle Island Ente , Inc.
55-0525092
Active
0467
Midwest Transport, Inc.
39-1829967
Active
0469
Minneapolis Refuse, Incorporated
UK 40000017
Acute
0470
M-L Comrnenial Garbage Service, Inc.
55-0673425
Active
0472
Modesto Garbage Co., Inc.
94-1643145
Active
0475
Moor Refuse, Inc.
33-0622768
Active
0476
Mountain Indemnity Insurance Cornpny
03-0328445
Active
1378
Mountain Indemnity International Limited
NA4XXX)W3
Active
0479
Mountainview Landfill, Inc.
76-0548746
Active
0478
Mountainview Landfill, Inc.
25-1538716
Active
0481
Napa Valley Disposal Service, Inc.
94-2220649
Active
1570
Nassau Landfill, L.L.C.
69-0003502
Active
0482
National Guaranty Insurance Company of Vermont
36-3643756
Active
1460
Naue Serrot Beteiliguns GmbH & Co. KG.
NA4)000055
Active
1461
Naue Serrot Europe GmbH & Co. KG.
NA40000056
Acdve
0483
Neal Road Landfill Corporation
94-2678091
Active
0486 1
New England CR Inc.
04-2771350
Active
0487
New Milford Landfill, L.L.C.
76-0641312
Active
1571
New Orleans Landfill, L.L.C.
69-0003503
Active
0489
NH/VT Energy Recovery Corporation
02-0390004
Active
0490
Nichols Sanitation, Inc.
59-0973855
Active
0494
North Hennepin Recycling and Transfer Corporation
41-1243824
Active
0499
lNorthem Recycling, Inc.
13-3653031
Active
0500
INorftwmtem Landfill, Inc.
52-2023458
Active
0504
Nu -Way Live Oak Landfill, Inc.
68-0236308
Active
0507
Oakridge Landfill, Inc.
25-1547187
Active
0508
Oakwood Landfill, Inc.
57-0974474
Active
0509
Oil & Solvent Process Company
95-1864361
Active
0511
Okeechobee Landfill, Inc.
25-1628636
Active
0524
Orange CountyLandfill, Inc.
25-1683729
Acute
1028
P & R Environmental industries, Inc.
56-1803010
Active
1314
Pacific Waste Management, L.L.C.
98-0227312
Alive
0530
Palo Alto Sanitation Company
94-1075868
Active
0532
Pappy, Inc.
52-1561430
Active
0534
Peerless Landfill Company
59-3179491
Active
0536
Penn Wamer Club, Inc.
51-0114842
Active
0539
Pennwood Crossing, Inc.
22 2260307
Active
0537
Pen -Rob, Inc.
86-05M13
Active
0538
Penuelas Valley Landfill, Inc.
66-0560251
Active
0540
People's Landfill, Inc.
38-3406M
Active
0541
Peterson Demolition, Inc.
41-1625867
Active
0543
Phoenix Resources, Inc.
23-2483102
Active
0545
Pine Grove Gas Development LLC
51-0372609
Active
0547
Pine Grove LandfiN, Inc.
23-2388139
Active
0648
Pine Grove Landfill, Inc.
31-1509609
Active
0550
Pine RLandfiN, Inc.
76-0680343
Active
0551
Pine Tree Acres, Inc.
38-2544258
Active
1014
Plantation Oaks Landfill, Inc.
76-0638592
Active
0552
Poly -Jon of Savannah, Inc.
58-1160814
Active
1015
Prairie Bluff LandfiN, Inc.
76-0638590
Active
1578
Promotora Ambientai SA de CV
NA-WW147
Active
1582
Protocol SA de CV
NA-0000151
Active
1016
Pulaski Grading, L.L.C.
76-0638043
Active
0559
Pullman Power Products Corporation
23-2146479
Active
0563
Quail HoNow Landfill, Inc.
62-1727567
Active
0564 lQuality
Waste Control, Inc.
41-1249787
Active
1388
Questquill Ltd.
98-0221631
Active
0565
R & B Landfill, Inc.
25-1754371
Active
0567
R.S.W. Recycling, Inc.
88-0195598
Active
1390
Rail Cycle North Ltd.
NA-0000064
Active
0569
Rail -Cycle L.P.
36-3830481
Active
0571
RCC Fiber Company, Inc.
63-1084653
Active
0572
RCI Hudson, Inc.
04-3044820
Active
0573
Reco Ventures, L.P.
76-0503271
Active
0574
Recycle & Recover, Inc.
58-1836132 1
Active
0575
Recycle America, Inc.
16-13529M
Active
0576
Recycle Minnesota Resources, Inc.
41-1687537
Active
0579
RE-CY-CO, Inc.
41-0992714
Active
0581
lRedwood Landfill, Inc.
94-1443150
Active
0583
lRefuse Disposal, Inc.
55-0722986
Active
0585
Refuse Removal Systems, Inc.
94-2787728
Active
0587
Refuse Services, Inc.
59-1 098850
Active
0588
Refuse, Inc.
88-0094235
Active
0589
Regional Recycling Corporation
22 2631395
Active
0591
REI Holdings Inc.
36-4124520
Active
0593
Reliable LandfiQ, L.LC.
72-1407945
Active
0594
Remote LandfN Services, Inc.
62-1421307
Active
0595 1
Reno Disposal Co.
88-0087833
Active
0596
Resco Holdings Inc.
02-0424331
Active
0600
Resource Control Composting, Inc.
04-3044833
Active
0601
Resource Control, Inc.
04-2655361
Active
0604
Reuter Recycling of Florida, Inc.
59-2376090
Active
0605
Richland County Landfill, Inc.
58-1708996
Active
0606
Ridge Generating Station Limited Partnership
59-3048697
Active
0607
RIH Inc.
36-3870138
Active
0610
RIS Risk Management Inc.
764)308664
Active
0611
Riverbend Landfill Co.
93-07248M
Active
0612
Rolling Meadows Landfill, Inc.
76-0325383
Active
1315
Ronnie's Sanitation Service, Incorporated
56-1289528
Active
1316
Rose Fine Reafty Corp.
11-1944881
Active
0614
RRT Design & Construction Corp.
16-1353118
Active
0615
RRT Empire of Monroe County, Inc.
16-1409567
Active
0617
RRT of New Jersey, Inc.
16-1336968
Active
0621
RTS Landfill, Inc.
58-1924102
Active
1585
Rust Associates
NA-0000154
Active
0624
Rust Capital Corporation
63-1056011
Active
0625
Rust China Ltd.
364044887
Active
1586
Rust Construcciones Mexico
NA-0000155
Active
1393
Rust Controladora, SA de C.V.
NA-0000066
Active
1589
Rust Engineering
NA-0000158
Active
1584 1
Rust Engineering - Brazil
NA-0000153
Active
0626
Rust Engineering & Construction Inc.
63-1081016
Active
1593
Rust Engirmdng (Thailand) Ltd
NA-00WI62
Active
0628
Rust Intemational Holdings Inc.
36-3777345
Active
0629 1
Rust International Inc.
63-1081055
Active
1691
Rust Sweden Holdings
NA-0000160
Active
1592
Rust VAR Projekt AB
NA-0000161
Active
0635
S & S Grading, Inc.
58-1858013
Active
0632
SW Landfill Limited Partnership
76-0404581
Active
0636
IS. V. Farming Corp.
22 2976860
Active
1394
S.E.R.B.S.A. de C.V.
INA-0000067
Active
1396
Salutec SA
NA-0000069
Active
0642
Sanifill de Mexico (US), Inc.
76-0419331
Active
1397
Sanifill de Mexico, S.A. de C.V.
NA-0000070
Active
0644
Sanifill of Florida, Inc.
59-3366098
Active
1317
Sanifill of San Juan, Inc.
NA-0000071
Active
0649
Sanifill Power Corporation
76-0496422
Active
0652
SC Holdings, Inc.
36-2898300
Active
1459
Serrot Corporation (Europe) GmbH
NA-0000075
Active
0659
Serrot International, Inc.
36-3053263
Active
0503
Serrot International, Inc. Sales Corp
66-0490113
Active
1400
Serubam Servicos Urbanos E Ambientais Ltda
NA-0000077
Active
1580
Servicios de Tech is Ambiental SA de CV
NA-0000149
Active
1583
Servidos Integrales Proteccion Ambiental SA de CV
NA-0000152
Active
0660
SES Bridgeport L.L.C.
36-4057298
Active
0661
SES Connecticut Inc.
02-0390443
Active
0662
ISF, Inc.
76-0472287
Active
0663
IShade Landfill, Inc.
23-2886198
Active
0665
Shoreline Disposal Service, Inc.
94-2680045
Active
0666
Sierra Estrella Landfill, Inc.
86-0717293
Active
0667
Signal Capital Sherman Station Inc.
02-0390302
Active
0668
iSignal Resco, Inc.
02-0361368
Active
0669
ISffryma Landfill, Inc.
25-1562752
Active
0673
Sonoma-Marin Waste Management, Inc.
68-0016286
Active
0676
ISouthem Alleghenies Landfill, Inc.
25-1249160
Active
0677
South6m Plains Landfill, Inc.
73-1384828
Active
1455
Southem Services of TN, L.L.C.
62-1612922
Active
1456
Southern Services of TN, L.P.
62-1443617
Active
0679
Southem Waste Services, L.L.C.
61-1342585
Active
0681
Spruce Ridge, Inc.
41-1591957
Active
1017
Stony Hollow Landfill, Inc.
76-0638597
Active
0685
Storey County Sanitation, Inc.
88-02,64671
Active
1018
Suburban Landfill, Inc.
76-0638596
Active
0692
Super Cycle, Inc.
41-1642303
Active
1566
Texarkana Landfill, L.L.C.
69-0003497
Active
0700
The Waste Management Charitable Foundation
04-3073733
Active
0701
The Woodlands of Van Buren, Inc.
36-3791221
Active
0703
Three Rivers Disposal, Inc.
81-0483309
Active
0705
TNT Sands, Inc.
57-0937314
Active
0706
Tonitown Landfill, Inc.
71-0811099
Active
0707
Town and Country Refuse, Inc.
59-1224889
Active
0708
Trail Ridge Landfill, Inc.
36-3667296
Active
0710
Transamerican Waste Central Landfill, Inc.
76-0463386
Active
0713
Transamerican Waste Industries Southeast, Inc.
76-0438549
Active
0714
Transamerican Waste Industries, Inc.
13-3487422
Active
0717
Transwaste, Inc.
72-1175292
Active
0719
Trash Hunters, Inc.
64-0852590 1
Active
0720
Td-County Sanitary Landfill, L.L.C.
61-0959217
Active
0723
Twin City Sanitation, Inc.
41-1535952
Active
1572
TX Newco, LLC
69-OW3504
Active
0727
United Waste Systems Leasing, Inc.
38-3324M
Active
0728
United Waste Systems of Gardner, Inc.
04-3320949
Active
0730
United Waste Systems of Minneapolis, Inc.
41-1858816
Active
0731
United Waste Systems of Minnesota, Inc.
41-0837593
Active
0735
United Waste Systems, Inc.
41-1829772
Active
0736
United Waste Transfer, Inc.
41-1808172
Active
0739
USA South Hills Landfill, Inc.
25-1139448
Active
0740
USA VaNey Facility, Inc.
23-2886199
Active
0743
USA Waste Geneva Landfill, Inc.
34-1802751
Active
0746
USA Waste Industrial Services, Inc.
76-0555049
Active
1023
USA Waste Landfig Operations and Transfer, Inc.
76-0435557
Active
0741
USA Waste- Ma nt Resources, L.L.C.
13-3853086
Active
0749
USA Waste of California, Inc.
68-0306154
Active
0747
USA Waste of DC, Inc.
52-1884250
Active
0750
USA Waste of Ken", L.L.C.
61-1342584
Active
0751
USA Waste of Maryland, Inc.
52-1965713
Active
0754
USA Waste of Minnesota, Inc.
41-1824399
Active
0756
USA Waste of Mississippi, Inc.
64-0806536
Active
0761
USA Waste of New York City, Inc
11-3301809
Active
0766
USA Waste of Pennsylvania, L.L.C.
74-2921886
Active
0769
USA Waste of Texas Landfills, Inc.
76-0322548
Alive
0770
USA Waste of Virginia Landfills, Inc.
58-1932248
Active
0772
USA Waste of Virginia, Inc.
25-1578667
Active
0767
USA Waste San Antonio Landfill, Inc.
91-2155334
Active
0774
USA Waste Services North Carolina Landfills, Inc.
56-1982455
Active
0775
USA Waste Services of Nevada, Inc.
76-0656629
Active
0776
USA Waste Services of NYC, Inc.
1l1-3a01808
Active
0777
USA Waste Services -Hickory Hills, L.L.C.
61-1342594
Active
0737
USA-Crinc, Inc.
04-3299253
Active
0781
JUWS Barre, Inc.
04-3320948
Active
0787
lValley Garbage and Rubbish Company, Inc.
95-2090787
Active
0789
Van Handel Waste, Inc.
39-1575458
Active
0791
Vem's Refuse Service, Inc.
45-0435644
Active
0792
VHG, Inc.
UK-0000023
Alive
0993
Vickery Environmental, Inc.
31-1153176
Active
0794
Voyageur Disposal Processing, Inc.
41-1734827
Active
0795
Voyageur Leasing, Inc.
41-1822351
Active
0796
Voyageur Services, Inc.
41-1766783
Active
0797
W/W Risk Management, Inc.
06-1165313
Active
0801
lWarner Company
51-0281233
Active
0802
lWarner Hill Development Company
34-1043478
Active
1
0805
Wasco Landfill, Inc.
68-0236309
Active
0811
Waste Away Group, Inc.
1 63-0898842
Active
0812
Waste Control Systems, Inc.
41-1800466
Active
0742
Waste Management Arizona Landfills, Inc.
86-0683003
Active
1417
Waste Management Austria mbH
NA-0000092
Acute
0814
Waste Management Collection and Recycling, Inc.
95-2621587
Active
1418
Waste Management Controladora, S.A. de C.V.
NA-0000093
Active
1419
Waste Management de Mexico S.A. de C.V.
NA-0000094
Acute
0816
Waste Management Disposal Services of Colorado, Inc.
84-1004487
Active
0817
0818
Waste Management Disposal Services of Maine, Inc.
Waste Management Disposal Services of Maryland, Inc.
01-0392888
36-2898301
Active
Active
0819 linc.
04-2320990
Active
0820 lWaste
Management Disposal Services of Oregon, Inc.
36-3548405
Active
0822 lWaste
Management Disposal Services of Pennsylvania, Inc.
23-1665318
Active
0823 lWaste
Management Disposal Services of Virginia, Inc.
36-3791008
Active
0824 lWaste
Management Disposal Services of Washington,. Inc.
36-3743343
Active
1421 lWaste
Ma merit Environmental Services B.V.
98-0356001
Active
0825 lWaste
Management Environmental, L.L.C.
36-4290120
Active
0829 lWaste
Management Financing Corporation
36-4200855
Active
0831 lWaste
Management Holdings, Inc.
36-2660763
Active
0903 lWaste
Ma meet Inc. of Florida
59-1094518
Active
1422
lWaste Management International B.V.
NA4)000096
Active
1424
lWaste Ma International plc
NA-0000097
Active
1425
Waste Management International Services (UK) Limited
NA-0000098
Active
1426
Waste Management International Services Ltd.
98-0336025
Active
0832
Waste Management International, Inc.
36-3255004
Active
1423
Waste Management International, Ltd.
NA-0000099
Active
0833
Waste Management Municipal Services of California, Inc.
77-0151385
Active
1476
Waste Management National Services, Inc.
764*86861
Acute
1024
Inc.
04-3509618
Active
0834
Waste Management of Alameda County, Inc.
94-0727420
Active
0748
Waste Management of Alaska, Inc.
91-1879241
Active
0835
Waste Management of Arizona, Inc.
86-0.198265
Active
0836
Waste Management of Arkansas, Inc.
04-2814811
Active
0837
Waste Management of California, Inc.
95-1735737
Active
0839
Waste Management of Carolinas, Inc.
56-0731307
Active
0840
lWaste Ma t of Central Florida, Inc.
59-199WO
Active
0841
lWaste Ma t of Colorado, Inc.
84-0523684
Active
0843
lWaste Man of Connecticut, Inc.
06-1485581
Active
0844
lWaste Management of Delaware, Inc.
51-0094505
Active
0845
Inc.
37-1035820
Active
0846
Waste Management of Flint, Inc.
91-2155354
Active
0847
Waste Management of Florida Holding Company, Inc.
36-3993947
Active
0848
Waste Management of Georgia, Inc.
36-3319564
Active
1019
Waste Management of Hawaii, Inc.
76-0638599
Active
0852
Waste Management of Idaho, Inc.
82-0364976
Active
0853
Waste Management of Illinois, Inc.
36-2660859
Active
0854
lWaste Management of Indiana Holdings One, Inc.
J 36-4039079
Active
0855
Waste Management of Indiana Holdings Two, Inc.
36�059574
Active
0856
Waste Management of Indiana, L.L.C.
36-4071447
Active
0858
Waste Management of Iowa, Inc.
42-0824220
Active
0859
Waste Management of Kansas, Inc.
48-0634806
Active
0860
Waste Management of Kentucky Holdings, Inc.
36-4059575
Active
0861
Waste Management of Ken" L.L.C.
36-4035849
Active
0862
Waste Management of Leon County, Inc.
36-3319565
Active
0863 lWaste
Management of Louisiana Holdings One, Inc.
36-4142119
Acute
0865
Waste Man t of Louisiana, L.L.C.
36-4119910
Active
0866 lWaste
Management of Maine, Inc.
01-0267739
Active
0W8 lWasW
IIA of Maryland, Inc.
52-02504M
Active
0869 lWaste
Ma t of Massachusetts, Inc.
04-2535063
Active
0544
Waste Management of Metro Atlanta, Inc.
58-1937966
Active
0870
Waste Management of Michigan, Inc.
38-1214786
Active
0871
Waste Ma of Minnesota, Inc.
36-2698820
Acute
0872
Waste Ma t of Mississippi, Inc.
36-3005295
Active
0873
Waste Ma t of Missouri, Inc.
43-0992367
Active
0874
Waste Management of Montana, Inc
36-3564773
Active
0875
lWaste t of Nebraska, Inc.
36-3469702
Active
0758
Waste Management of Nevada, Inc.
88-0394159
Active
0876
Waste Management of New Hampshire, Inc.
04-2482447
Alive
0877
Waste of New Jersey, Inc.
36-37W143
Active
0878
Waste t of New Mexico, Inc.
85-0229020
Active
0879
Waste Management of New York, L.LC.
36-4206797
Active
0880
Waste Ma of North Dakota, Inc.
36-3798294
Active
0763
lWaste t of Ohio, Inc.
25-1673264
Active
0883
lWaste t of Oklahoma, Inc.
734XM5975
Active
0764
lWaste Management of Oregon, Inc.
93-0612655
Active
0885
lWaste Management of Penn Ivania, Inc.
25-1232336
Active
0886
Waste Management of Rhode Island, Inc.
36-3668109
Active
0887
Waste Management of South Carolina, Inc.
36-2945124
Active
08M
Waste of South Dakota, Inc.
464)348394
Active
0889
Waste Man t of Texas, Inc.
75-1223528
Active
0718
Waste Ma t of Tunica Landfill, Inc.
644869334
Active
0890
Waste t of Utah, Inc.
874=156
Active
0892 IVVaste
of Virginia, Inc.
54-0755417
Active
0806 lWaste
of Washington, Inc.
36-3846342
Active
0893
Waste Manageffent of West Virginia, Inc.
36-3553198
Active
0894
Waste t of VVlsconsin, Inc.
39-0957466
Active
0895
Waste t of Wyoming, Inc.
36-3828554
Active
0896
lWaste Management Paper Stock Company, Inc.
36-3726719
Active
0897
Waste Management Partners, Inc.
36-3220911
Active
0898
Waste Management Plastic Products, Inc.
36-3761543
Active
1558
Waste Management Quebec Holdings, Inc.
764)695141
Active
0899
ICalifomia, Inc.
95-2370376
Active
0773
lWaste Management Recycling of New Jersey, Inc.
22-2508079
Active
Waste Management Service Center, Inc.
Waste Management Services SA
Waste Management South America B.V.
Waste Management Technob9Y Center, Inc.
Waste Management Thailand B.V.
Waste Management Transfer of New Jersey, Inc.
Waste Management, Inc.
Waste Management, Inc. of Tennessee
Waste Resource Technologies
Waste Resources of Tennessee, Inc.
Waste to Energy Holdings, Inc.
Waste to Energy1, LLC
Waste to Energy 11, LLC
Wastech Inc.
Webster Parish Landfill, L.L.C.
WEST Baltimore Inc.
WEST Capital Inc.
Peekskill Inc.
WEST Westchester Inc.
West Essex Disposal Co., Inc.
Westchester Resco Associates, L.P.
Westchester Waste Services Co., L.L.C.
Western One Land Corporation
Western U.P. Landfill, Inc.
Western Waste Industries
Westem Waste of Texas, LLC
Wheelabrator Alloy Castings Ltd
Wheelabrator Baltimore, L.L.C.
Wtteelabrator Baltimore, L.P.
Wheelabrator Bridgeport, L.P.
VVheelabrafior Carteret Inc.
VVheelabrator Cedar Creek Inc..
Wheelabrator Claremont Company, L.P.
VVlteelabrator Concord Comps . L. P.
Wheelabratior Concord Inc.
Wheelab Mtor Connecticut Inc.
jWheelabrator Culm Services Inc.
m
VN�eelabrator Emrironental Systems Inc.
Wheelabrator Falls Inc.
Wheeiabratior Frackville E Company Inc.
Wteelabrator Frackville Properties Inc.
lWheelabrator Fuel Services Inc.
Wheelabrator Gloucester Company, L.P.
Wheelabrator Gloucester Inc.
Wheelabrator Guam Inc.
lWheelabrator Hudson Energy Company Inc.
76-0659309
NA-0000�01
NA-0000102
36-3519386
98-0204718
22-2564195
73-1309525
36-2935128
94 3115054
54-0838353
7640652923
02-0519035
02-0519036
93-0936732
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Awe
E1431
1432
0901
1441
0779
0902
0904
0905
0906
1035
1036
1037
0908
62-1772690
02-0357495
363861933
02-0363274
02-0360305 '
22-1844476
02-0367753
13-4064749
764688224
38-3110170
95-1946054
69-0003505
NA-0000157
36�057301
36�057307
36-4057309
' 3�148540
02�143870
OZ-0390003
02-0394017
OZ-0393450
363908786
02-0442574
02-0412779
04-3024782
02-0393452
04-3100742
02-0442576
02-0396724
02-0391601
36-3926262
04-3048379
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
Alive
Active
Active
Active
Acute
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
ActiVe
Active
Active
Active'
Active
0912
0913
0914
0915 1WESI
0916
0917
0919
0921
1475
0924
0925
1573
1588
0929
0154
0180
0930
0931
0932
0935
0936
0937
0938
0940
0941
0942
0943
0944
0946
0947
0948
0949
0950 lWheelabrator
Land Resources Inc.
04-3036313
Active
0951 lWheelabrator
Lassen Inc.
36-3926261
Active
0609 lWheelabrator
Lisbon Inc.
61-1167063
Active
0952
Wheelabrator Martell Inc.
36-4051558
Active
0953
Wheelabrator McKay Bay Inc.
36-3240315
Active
0954
Wheelabrator Millbury Inc.
02-0412788
Active
0955 lWheelabrator
New Hampshire Inc.
02-0390002
Active
0956
Wheelabrator New Jersey, Inc.
02-0391598
Active
0957
Wheelabrator NHC Inc.
02-0393448
Active
0460
Wheelabrator North Andover Inc.
36-3062971
Active
0958
Wheek&ator North Broward Inc.
04-3030218
Active
0959
Wheelabrator North Shore Inc.
02-0416066
Active
0960
VVheelabrator Norwalk Energy Company Inc.
02-0395269
Active
0961 lWheelabrator
Penacook Inc.
02-0393449
Active
0962 IVVheelabrator
Pinellas Inc.
36-3110153
Active
0963 lWheelabrator
Polk Inc.
36-3820155
Active
0966 lWheelabrator
Putnam Inc.
36-3908789
Active
0967 lWheelabrator
Ridge Energy Inc.
36-3820153
Active
0968 IVYheelabrator
Saugus Inc.
13-2740971
Active
0584
lWheelabrator Saugus, J.V.
04-2530905
Active
0969
lWheelabrator Shasta Energy Company Inc.
02-0395274
Active
0970
lWheelabrator Sherman Station Energy Company, G.P.
02-0390349
Active
0971
lWheelabrator Sherman Station One Inc.
024)390312
Active
0972
lWheelabrator Sherman Station Two Inc.
02-0390311
Active
0973
Wheelabrator Shrewsbury Inc.
02-0416064
Active
0974
Wheelabrator South Broward Inc.
02-0410164
Active
0975
Wheelabrator Spokane Inc.
02-0416522
Active
0977
Wheelabrator Technologies Inc.
22 2678047
Active
0976
Wheelabrator Technologies International, Inc.
364965264
Active
0920
Wheelabrator Westchester, L.P.
02-0367751
Active
0980
White Lake Landfill, Inc.
38,1889893
Active
0985
Williams Landfill, L.L.C.
61-1342579
Active
1556
WM Enefgy Solutions, Inc.
76-0695139
Active
0987
JWM International Holdings, Inc.
76-0607203
Active
1020
WM Landfills of Georgia, Inc.
764)638601
Active
1021
WM Landfills of Michigan, Inc.
76-0638598
Active
0613
WM Landfills of Ohio, Inc.
31-1509696
Active
0647
lWM Landfills of Tennessee, Inc.
62-1462526
Active
1579
WM Mexico Services SA de CV
NA-00MI48
Active
0989
WM Partnership Holdings, Inc.
36-3974344
Active
0990
WM Resources, Inc.
25-1536159
Active
1440
WM Services SA
NA-0000108
Active
1013
jWM Trading, Inc.
76-0638594
Active
0991
JWM Transportation Services, Inc.
76-0639311
Active
0992
WMI Medical Services of Indiana, Inc.
35-1724992
Active
1
0994
IWMI Mexico Holdings, Inc.
36-3912290
Active
0996
WMNA Container Recycling, Inc.
36-3716971
Active
0997
WMNA Rail -Cycle Sub, Inc.
36-3706246
Active
1575
WMST Illinois, L.L.C.
AF-0000034
Active
1576
WMST Nevada, L.L.C.
AF-0000035
Active
0928
WTI Air Pollution Control Inc.
36-4110833
Active
1002
WTI International Holdings Inc.
36-3908839
Active
1005
WTI Rust Holdings, Inc.
02-0351425
Active
1006
Wynne's Rubbish & Recycling, Inc.
41-1619393
Active
1007
Yell County Landfill, Inc.
71-0692520
Active
ZenWVKremer Material Recovery, Inc.
41-1735813
Active
1008
Zenith/Kremer Waste Systems, Inc.
41-1405460
Active
Chubb POWER Federal insurance Company Attn.: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know M by These Prew ts, That FEDERAL INSURANCE COMPANY. an Irda o" poration, VMMT INSURANCE COMPANY. a Now York
corporatlon. and PACFIC tNDEMNTY COMPANY, a Wisoorn:in corporation, do each hereby coretihrte and appoint Donald R. Gibson,
Robert L. Bruce, Sandra Parker, William Martin, Melissa Haddick and Tannis Mattson of
Houston, Texas ------------------------------------------------------------------- ----
each ss #wk true and law kA Atto ney-Ni-Fact to execute under such desigretion in their names and to aft their corporate seals to and deer for and
on thek behalf as surety thereon or otlnaMn. bonds and undertakings and other writings obligetwy in the nature thereof (other than baa bonds) given
or executed In the course of business, and any iratrurnernts amerndirg or attenirg the same, and co iseMs to fhe modification or alteraW of any
kaburrnernt referred to In said bonds or oblgadora.
in WKnww Whereof, said FEDERAL INSURANCE COMPANY, VKM ANT INSURANCE COMPANY, and PACFIC INDEMNITY COMPANY have each
e oectrted and:attested these prawft and affinad their corporate some on this 14th day of December, 2001
L), - N- 117"
- '4-2yz z Is
RwwmM C. Wendel, Assistant e.E. Robertson,
STATE OF NEW JERSEY 1
Counq d Somerset j
on tree 14 th dw d December, 2001 . before nos, a Notary Pubk of Nsw Jersey. pwoonWV eame Kenn@& C. WendW,
b nw knows b be Asskntant SewWwy of FEDERAL *WJRANCE COMPANY. VKwANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY. the
— w -0 w which sooecubd the kmgoinp Power of Mlornsy. and the said Keoonetb C. Wen" bent by me d* swan. did depose and say that he is Ibskntant
Sea slimy of FEDERAL INSURANCE COMPANY, VKW ANT *WJRANCE COMPANY. and PACIFIC INIX3 eTY COMPANY and knows the oa pand seals thereof,
that the seals atf , bow foregoing Power d AMomey are each corporate seek and were anereto sffi n by audxxft d the By4Am d said Companies; and that he
sipped said Powir, of Attorney as Aa dwd Secntay d said Companies by No art wkr., and that he is acquainted wkh Frank E. Robertson, and knaves him to be
Vfo ii of ands eipnturo �(frankE. � � to said Panzer of Mtaney is in aos genuine hndwn'tinp d Fr�k E.
IAA .
Nokq Pok Site of New Jersey
410-0-aw ra
PUBitC � No. 2MI647
E)q*eSOERTFI N Notay PodMic
Extract from the By -Laws of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY.
'Alpo nm of attorney for and on bd of the Comparny may and steal be executed In the nan and on behalf of the Canpeny, eloper by the
Chairman or the President ar a Vice President or an Ankft t Vice President. )** with tins Secretary or an Assistant Secretary, under #wk
respective desIg netiorns. The signatureof such oAbers may be engraved, printed or Iti-cpaphed. The signature of each of the folowirng
dneem Chairman. President, any Vice President, any Assistant Vice Presiders. any Secretary. any Assistant Secretary and the seal of the
Company may be eftboed by facelnift to any power of attorney or to any cuffcale relating thereto appoirslrg Assistant Sec reteries or
Attomaysdn-Fad for purposes ortfy of execulirg and attesting'bands and undertel irgs and other writings obligatory in the nature tlweof. and
any such power of dWmey or cerbiats bewft such facsirrnle sWddt ra or facsimile seat snap be valld and binding upon the Company and
any such power so executed and canNitisd by such facsimile signature and f esirrnile seal shah be veld and binding upon the Company with
respect to any bond or untderteldrg to which k b attached."
1, Kenneth C. Wendel. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the `Comnpantes) do hereby cw* that
(Q the foregoing extract of the By -Lawn of the Corrpernin Is true and correct,
(Ii) the Ca rp miss are duly loeraed end aulfnortaed to tiarnsed suety buss nees in al 50 of ft Urxted Stales of America and the District of
Cd nft and are sultabed by the U. S. Treseury Depertrnernt; tin 2w, Federal and VVw t are ioanaeA in Puerb Rion and the U. S. Virgin
islernrim and Federal k ioer-e n InArnerican Sunnca. Guam, and each of the ProWnces of Canada Prince Edinwd Islar4 and
(IQ the foregoing Power of Attorney Is true, correct and in ful force and
GMen under rnny hand and seek of said Comnparnies at Warren, NJ this day of
�►al�ett► � + e'I'Ew Yoa�`
Kemeln C. Wendel. Assistant Secxattery
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: suretyQchubb.com
ts404ns Md. 4-0 CONSEW
k
WASTE MANAGEMENT
41-575 Eclectic Street
Palm Desert, CA 92260
(760)340-2113
(760)340-0417 Fax
www.wmdesert.com
June 14, 2004
Mr. Jerry Herman
Community Development Director
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Re: Updated Performance Bond No. 6224770
Dear Mr. Herman:
Please find enclosed an updated Performance Bond as required in the contract for Trash
DisposaL This bond will remain in effect until August 1, 2005.
If you have any questions, please contact me.
Sincerely,
Frank Orlett
District Manager
Enclosure
FO/ph
•� SAFECO0
CONTINUATION
CERTIFICATE
SAFECO INSURANCE COMPANY OF AMERICA
a certain Bond No. 6224770
dated effective August 12003
(MONTH -DAY -YEAR)
on behalf of Waste Management of California, Inc.
(PRINCIPAL)
and in favor of City of LaQuinta
(OBLIGEE)
does hereby continue said bond in force for the further period
beginning on August 12004
(MONTH -DAY -YEAR)
and ending on August 1 2005
(MONTH -DAY -YEAR)
Amount of bond $1,000,000.00
Description of bond Trash Disposal
Premium: N/A
, Surety upon
PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision
that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative
and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults
committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the
amount of said bond as hereinbefore set forth.
Signed and dated on June 4 2004
(MONTH -DAY -YEAR)
SAFECO INSURANCE COMPANY F AMERICA
PO Box _526, Stele, WA 9812,(15 6
ATTORNEY
MATTSON
MARSH USA, INC.
Agent
1000 MAIN, SUITE 3000, HOUSTON, TX 77002
Address of Agent
713-276-8528
Telephone Number of Agent
SEAL
.1953
S-0157/SAEF 01/02
®A registered trademark of SAFECO Corporation
FRP
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company
of America, General Insurance Company of America, First National Insurance Company, American States
Insurance Company of American Economy Insurance Company), it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain
circumstances we may be eligible for reimbursement of certain surety bond losses by the United States
government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of
terrorism that exceed a statutorily established deductible to be paid by the insurance company providing
the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers
for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying
agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally
applicable rules of law.
At this time there is no premium charge resulting from this Act.
S-6248 2103
'� Cr POWER SAFECO Insurance Company
PO Box 34526
i OF ATTORNEY Seattle, WA 98124-1526
No. 5713
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
**********DONALD R. GIBSON; SANDRA PARKER; wELLIAM L. POWER; MELISSA HADDICK; TANNIS MATTSON; JACQUELINE KIRK; CURTIS WILLEFORD;
JOE MARTINEZ; TERRI MORRISON; MARY ANN GARCIA; Houston, Texes************************+****+**+*****+»**sw**sr********+***s**s***s****a *vas*****
its true and lawful attomey(s)4ri-fact with full authority to execute on its behaff fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th
R.A. PIERSON, SECRETARY
CERTIFICATE
day of November
, 2001
4 �' C;��' 'f"
MIKE M GAVICK. PRESIDENT
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executect by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V, Section 13 of the By -Laws, and
01) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(111) Certifying that said power-of-attomey appointment is in full force and effect,_
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a.facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By -taws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this day of 4'—'ffL&U
SEAS, � SEAL
S-09741SAEF Vol
R.A. PIERSON, SECRETARY
® A registered trademark of SAFECO Corporation
11f7101 PDF
,1 ?
WASTE MANAGEMENT
41-575 Eclectic Street
Palm Desert, CA 92260
(760)340-2113
(760)340-0417 Fax
www.wmdesert.com
June 16, 2005 U !
Mr. Torn Genovese �1
City Manager `
City of La Quinta
78-495 Calle Tampico
La Quinta, CA '92253
Re: Updated Bond Numbers 6224770 and 6224783
Dear Mr. Genovese:
Please find enclosed the updated bond #6224770 for Trash Disposal as well as bond
#6224783 for Recycling Services, both required in the contract between the City of La
Quinta and Waste Management Inc.
These bonds will both remain in effect until August 1, 2006.
If you have any questions, please contact me.
Sincerely,
Frank Orlett
District Manager
Enclosures
FO/ph
Gina A. Rodriguez Marsh USA, Inc.
1000 Main
MARSH Suite 3000
Houston, Texas 77002
713 276-8661 Fax: 713 276-8538
gina.a.rodriguez@marsh.com
June 10, 2005
Porsche Hughes
WM of California, Inc.
41-575 Eclectic Street
Palm Desert, CA 92260
Subject: City of La Quinta
Bond No. 6224770
Dear Porsche:
Enclosed please find the renewal for the referenced bond. It is ready for submission to
the Obligee.
Should you have any questions please do not hesitate to call me.
Sincerely,
cv
Gina A. Rodriguez
Client Representative
/gar
enclosure
\\USHOUFPOI \grodri06$\ WORD\ W M FORMS\RENE WAL CO V ER.doc
F�l - �
SAFECO'
CONTINUATION
CERTIFICATE
SAFECO INSURANCE COMPANY OF AMERICA
a certain Bond No. 6224770
dated effective August 1 2003
(MONTH -DAY -YEAR)
onbehalfof Waste Management of California, Inc.
(PRINCIPAL)
and in favor of City LaQuinta
(OBLIGEE)
does hereby continue said bond in force for the further period
beginning on August 1 2005
(MONTH -DAY -YEAR)
and ending on August 1 2006
(MONTH -DAY -YEAR)
Amount of bond $1,000,000.00
Description of bond Trash Deposit
Premium: N/A
, Surety upon
PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision
that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative
and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults
committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the
amount of said bond as hereinbefore set forth.
Signed and dated on
June 9 2005
(MONTH -DAY -YEAR)
SAFECO INSURANCE COMPANY OF AMERICA
PO Box 3415 6, Seattle, WA,98124-1526 r\
TTORNEY-IWFACTI Tdnnis M
Marsh USA, Inc.
Agent
1000 Main St., Suite #3000, Houston, TX 77002
Address of Agent
713-276-8000
Telephone Number of Agent
/ O$P0, �G
SEAL
ey, 195
1 p
S-0157/SAEF 01/02 ® A registered trademark of SAFECO Corporation
FRP
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance
Company of America, General Insurance Company of Americas, First National Insurance
Company, American States Insurance Company or American Economy Insurance Company), it is
our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance".
This means that under certain circumstances, we may be eligible for reimbursement of certain
surety bond losses by the United States government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of
terrorism that exceed a statutorily established deductible to be paid by the insurance company
providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid
by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to
this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying
agreement guaranteed by this bond, any statutes governing the terms of this bond, or any
generally applicable rules of law.
At this time, there is no premium charge resulting from this Act.
A F E C Cr POWER SAFECO Insurance Company
PO Box WA 9
� OF ATTORNEY Seattle, WA 8124-1526
No. 5713
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
**********DONALD R. GIBSON; SANDRA PARKER; WILLIAM L. POWER; MELISSA HADDICK; TANNIS MATTSON; JACQUELINE KIRK; CURTIS WILLEFORD;
JOE MARTINEZ; TERRI MORRISON; MARY ANN GARCIA; Houston, Texas***************************************************************************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th
R.A. PIERSON, SECRETARY
CERTIFICATE
day of November
2001
4 �C_ cyl?_,
G`
MIKE M GAVICK, PRESIDENT
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
a� 19513
OP
this Q+ �-
SEAL
x 14
or
day of _j �-
R.A. PIERSON, SECRETARY
2a�S
S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation
11/7/01 PDF
BE
McGRIFF SEIBELS & WILLIAMS OF TEXAS
10375 Richmond Ave., Suite 1700 9 Houston, Texas 77042-4143 9 TEL — (713) 877-8975 * FAX — (713) 877-8974
1111X"WFAW��4"N,' it oo'Q
August 12, 2005
Porsche Hughs
Waste Management of California, Inc.
41-575 Eclectic Street
Palm Desert, CA 92260
RE: Requested Surety Bond
Please find enclosed your requested surety bond. Should you have any questions, please feel free
to give us a call.
Regards,
Mary Aln'nVarcia
Senior Account Service Representative
C\Documents and Settings\mgarcia\My Documents\Bond Cover Lettff.doc
Fa SAFECO°
State of Texas Surety Bond Claim Notice
In accordance with Section 2253.021(f) of the Texas Government Code and
Section 53.202(6) of the Texas Property Code, any notice of claim to the named
surety under this bond(s) should be sent to:
SAFECO Surety
Adams Building
4634 154th PL NE
Redmond, WA 98052
Mailing Address:
SAFECO Surety
PO Box 34526
Seattle, WA 98124
Phone: (425) 376-6535
Fax: (425) 376-6533
www.SAFECO.com
S-6128/SAEF 8/01 ® A registered trademark of SAFECO Corporation
FRP
PTgC0
CONTINUATION
CERTIFICATE
SAFECO INSURANCE COMPANY OF AMERICA
a certain Bond No. 6224770
dated effective August 1 2003
(MONTH -DAY -YEAR)
on behalf of Waste Management of California, Inc.
(PRINCIPAL)
and in favor of City of LaQuinta
(OBLIGEE)
does hereby continue said bond in force for the further period
beginning on August 1 2005
(MONTH -DAY -YEAR)
and ending on August 1 2006
(MONTH -DAY -YEAR)
Amount of bond One Million and NO/100------------------ (1,000,000.00)
Description of bond Trash Disposal
Washington
, Surety upon
PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision
that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative
and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults
committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the
amount of said bond as hereinbefore set forth.
Signed and dated on August 12 2005
(MONTH -DAY -YEAR)
SAFECO INSURANCE COMPANY OF AMERICA
McGriff, Seibels & Williams of Texas, Inc.
Agent
Pr -
SEAL
10375 Richmond Ave., Suite 1700, Houston, Texas 77042-4143
Address of Agent
(713) 877-8975
Telephone Number of Agent
S-0157/SA 06/04 OdICUL W anU LIIV Q01
FRP
EXHIBIT B
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company, American States Insur-
ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be
eligible for reimbursement of certain surety bond losses by the United States government under a formula
established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement
guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
IZAMR 2/03
Safeco Insurance Companies
POWER PO Box 34526
OF ATTORNEY Seattle, WA 98124-1526
No. 10104
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
****************************MARC W. BOOTS; MARY ANN GARCIA; JOY HAJOVSKY; LESLIE K. HUDGENS; BEVERLY A. IRELAND; VICKIE LACY;
MISTY MEEHAN; P. T. OSBURN; STEPHEN R. SMITH; AMY SUSTAIRE; Houston, Texas; SUSAN SHOEMAKE; San Antonio, Texas***************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
A this 3rd day of August 2005
�✓4ru, �ofec1t__z
STEPHANIE DALEY-WATSON, SECRETARY MIKE PETERS, PRESIDENT, SURETY
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Stephanie Daley -Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do
hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
S-0974/DS 4/05
this day of ZLJ,, I
)%Sr
A L � %Wlot%anrue,t' STEPHANIE DALEY-WATSON, SECRETARY
Safeco and the Safeco logo are registered trademarks of Safeco Corporation.
WEB PDF
CITY OF LA QUINTA
SCOPE OF WORK FOR ASSIGNMENT REVIEW
Background
The City of La Quinta (City) contracts with Waste Management of the Desert
(WM) for exclusive residential and commercial solid waste services. The existing
contract expires on July 30, 2008. WM has notified the City that it intends to
assign the La Quinta contract and other operations of Waste Management of the
Desert to Burrtec Waste Industries, Inc.
Article VIII of the City's agreement with WM describes the assignment
provision. The City "may deny or approve such request in its complete
discretion." As described in that section, in response to a request for an
assignment:
a) The company shall pay the City its reasonable expenses to investigate the
suitability of the proposed assignee;
b) The company shall furnish the City with audited financial statements of
the proposed assignee's operations for the past three years;
c) The company shall furnish the City with satisfactory. proof that it has the
experience and regulatory track record required by Section 8.1(C) of the
agreement.
The City has requested Hilton, Farnkopf & Hobson, LLC (HF&H) to assist in
its review of the proposed assignment.
Study Objective
The objective of our study is to review the information to be provided by WM
and its proposed assignee as required by Section 8.1 of the agreement, and to
report to the City on the qualifications and financial resources of the
proposed assignee to take over the Palm Desert operations.
Scope of Work
Our scope of work shall consist of the following tasks:
1) Preparing a request for information to be sent to WM on City letterhead
identifying the information required to review the proposed assignment.
3/6/2006 Page 1 City of La Quinta
We anticipate that this request will include information about both WM
and the proposed assignee.
2) Reviewing relevant sections of the existing franchise agreement, and
reports submitted by WM to the City documenting the scope of the
current operations in the City.
3) Reviewing the information provided by WM, the proposed assignee and
the City.
4) Calculating financial ratios based on the financial statements provided by
WM and the assignee in order to compare the financial resources of the
two companies.
5) Asking follow-up questions of WM and the proposed assignee to clarify
any unclear or missing information.
6) Contacting a sample of other jurisdictions that contract with the proposed
assignee in Southern California as references.
7) Preparing a brief report describing the results of our review. We
anticipate that this report will include:
■ A summary of the experience and operating history of the proposed
assignee.
• The financial resources of the proposed assignee compared to WM.
■ A comparison of the La Quinta contract revenues to the assignee's
overall operations.
• The results of reference checks of the proposed assignee.
■ General areas of the franchise agreement that might be updated to help
the City effectively monitor the contractor's performance in the future.
■ Whether the assignee maintains the level of insurance coverage
required under the agreement.
8) Meeting once with City staff or other City officials to discuss the report.
UrnitatinnS
WM, its proposed assignee, and the City must provide all of the required
information in the format requested in order for us to perform the scope of work.
The scope of work does not include negotiating or preparing language to amend
the existing agreement, or preparing staff reports to present the proposed
assignment to the City Council.
3/ 6/ 2006 Page 2 City of La Quinta
Project Costs
We will perform the scope of work described above for a fixed fee of $20,000.
The fixed fee includes preparing the request for information, reviewing the
submitted information, performing the financial statement analysis, performing
the reference checks, preparing the report and revising it once, and attending one
meeting.
We will bill the City $15,000 upon submittal of the draft report and $5,000 upon
submittal of the final report.
If we are requested to perform any additional activities that are not described in
the scope of work (such as attending additional meetings, or
modifying/negotiating changes to the existing waste hauling agreement) we will
provide the requested services for an additional fee based on time and materials.
Hourly rates for our consultants for additional work are as follows:
Senior Vice President $220
Senior Manager $185
Senior Associate $175
Associate $115
Expenses for additional work will be billed as follows:
Mileage:
, In-house document reproduction:
Postage/ overnight mail/ other
Schedule
$0.445 per mile (or as adjusted by IRS)
$0.15 per page
Actual
We will prepare the request for information after receipt of written authorization
to proceed. We anticipate it will take approximately 30 to 45 days from receipt of
all requested information from the contractor to complete the review.
AGREED TO AND ACCEPTED BY:
Thomas P. Genovese, City Manager
CITY OF LA QU I NTA, CA Page 3 City of La Quinta
Date: April 5, 2006