HomeMy WebLinkAbout2003-12 - Commercial Solid Waste Franchise AgreementRESOLUTION NO, 2003- 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ASSIGNING THE COMMERCIAL SOLID
WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND WASTE MANAGEMENT OF ORANGE
COUNTY, A DIVISION OF WASTE MANAGEMENT COLLECTION
AND RECYCLING, INC.
WHEREAS, on January 2, 1996, the City of Newport Beach entered into a
commercial solid waste collection services Franchise Agreement with Waste Management
of Orange County; and
WHEREAS, on June 14, 1999, Resolution Number 99 -40 was approved assigning
the Waste Management of Orange County Franchise Agreement to Waste Management of
Orange County, a division of Waste Management Collection and Recycling (hereinafter
"Waste Management "); and
WHEREAS, Waste Management has requested the Franchise Agreement be
assigned to USA Waste of California, Inc. (hereinafter "USA Waste ") who intends to
operate within the City of Newport Beach under the dba of Waste Management of Orange
County. USA Waste has agreed to assume all of the obligations, conditions and
responsibilities for all operations of Waste Management and all predecessor entities
operations under the Franchise Agreement; and
WHEREAS, without USA Waste's agreement to assume responsibility for
obligations Waste Management under the Franchise Agreement and pay any outstanding
fees and penalties as provided in the Agreement attached hereto as Exhibit "A" and
incorporated herein by reference, the City Council would not approve assignment of the
Franchise.
NOW, THEREFORE, the City Council of City of Newport Beach resolves as
follows:
1. The City Council hereby approves the assignment of the Waste Management
of Orange County, a division of Waste Management Collection and Recycling, Inc.
Franchise Agreement to USA Waste of California, Inc., dba Waste Management of Orange
County.
2. The Agreement to assign the Franchise Agreement to USA Waste is attached
hereto as Exhibit "A ", and hereby approved. The City Manager is authorized to execute the
Agreement as written.
ADOPTED this 251" day of February, 2003.
Dated: ssz ( I's /() _`) By:
ATTEST:
CITY CLERK
'CITY"
CITY OF NEWPORT BEACH,
A Municipal Corporation
EXHIBIT (A)
AGREEMENT TO ASSIGN THE WASTE MANAGEMENT OF
ORANGE COUNTY, A DIVISION OF WASTE MANAGEMENT
COLLECTION AND RECYCLING, INC., FRANCHISE TO USA
WASTE OF CALIFORNIA, INC., DBA WASTE MANAGEMENT
OF ORANGE COUNTY
This Agreement is entered into on this day, the day of February, 2003 and
executed by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "CITY "), AND USA Waste of California, Inc.
RECITALS
A. On January 2, 1996, the City of Newport Beach entered into a Commercial
Solid Waste Collection Franchise Agreement with Waste Management of
Orange County, Inc..
B. On June 14, 1999, Resolution Number 99 -40 was approved assigning the
Waste Management of Orange County Franchise Agreement to Waste
Management of Orange County, a division of Waste Management
Collection and Recycling, ( "WASTE MANAGEMENT FRANCHISE ").
C. The assets of Waste Management Collection and Recycling are
scheduled to be transferred to USA Waste of California, Inc. who has
agreed to assume all of the obligations, conditions and responsibilities for
all operations of all predecessor operations under the Waste Management
Franchise.
E. The CITY agree to the assignment of the Waste Management
Franchise to USA Waste of California, dba Waste Management of
Orange County.
NOW THEREFORE, the CITY and USA Waste of California, Inc. dba Waste
Management of Orange County agree as follows:
1. USA Waste of California, Inc., dba Waste Management of Orange County
hereby stipulates that the above- referenced recitals are true and accurate
representations of the corporate status of Waste Management Collection
and Recycling and USA Waste of California, Inc. dba Waste Management
of Orange County. USA Waste represents and agrees that Waste
Management of Orange County, Inc., a division of Waste Management
Collection and Recycling corporate entities operations have been merged
with and transferred to the corporate entity, USA Waste of California, Inc.,
dba Waste Management of Orange County (hereinafter "USA Waste ") and
USA Waste of California has authorization and legal standing to execute
this Agreement and to assume all responsibility of the Waste Management
Franchise.
2. By signing this Agreement, Waste Management of Orange County, Inc., a
division of Waste Management Collection and Recycling has surrendered
all rights to operate solid waste collection services within the CITY limits
and will hereafter operate all solid waste collection services under the
name of USA Waste of California, Inc., dba Waste Management of
Orange County.
3. CITY hereby consents to the assignment of the WASTE MANAGEMENT
FRANCHISE from Waste Management of Orange County, a division of
Waste Management Collection and Recycling, Inc. to USA Waste
(hereinafter referred to as Franchise Agreement). USA Waste agrees to
the following conditions of assignment:
(a) All terms and conditions of the Franchise Agreement shall remain in
full force and effect and the full and complete obligation of USA
Waste. USA Waste agrees to fully comply with all terms and
conditions of the Franchise Agreement.
(b) USA Waste agrees that all solid waste collected by USA Waste of
California, Inc., dba Waste Management of Orange County will be
disposed of per the provisions of the Franchise Agreement at a
location identified by City.
(c) USA Waste agrees that the Franchise Agreement shall terminate on
January 9, 2006 and no extension of the Agreement is granted by
this Assignment.
(d) USA Waste shall pay to CITY any and all deficient franchise fees, or
other fees, or penalties, or obligations incurred under the Franchise
Agreement, as provided in #4, below.
4. USA Waste shall be liable for payment to CITY of all applicable fees and
penalties associated with the Waste Management Franchise and all solid
waste collection services performed by or under the name of Waste
Management of Orange County, Inc., Waste Management Collection and
Recycling, Inc. or USA Waste of California, Inc. dba Waste Management of
Orange County or any other predecessor or subsidiary entities under the
Franchise Agreement through and including the effective date of this
Agreement. USA Waste of California, Inc. dba Waste Management of
Orange County agrees that liability shall include, but not be limited to, the
following:
E
(a) All current and outstanding franchise fees;
(b) All applicable charges associated with late payment of franchise
fees pursuant to Section 4 of the Franchise Agreement
(c) All applicable charges associated with reporting delinquencies
pursuant to Section 6 of the Franchise Agreement;
5. USA Waste agrees to submit any outstanding Disposal Reports per
Section 6 of the Franchise Agreement.
6. The Board of Directors of USA Waste has authorized execution of this
Agreement.
3
WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN
BELOW EACH SIGNATURE:
CITY OF NEWPORT BEACH,
a Municipal Corporation
Dated: By:
Homer Bludau
City Manager
ATTEST
LaVonne Harkless
City Clerk
Dated: USA WASTE OF CALIFORNIA, INC.
By:
Name:
Title:
APPROVED AS TO FORM:
ROBIN CLAUSON
Assistant City Attorney
C!
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2003 -13 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
25th day of February, 2003, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of February, 2003.
(Seal)
City Clerk
Newport Beach, California