HomeMy WebLinkAbout99-76 - Commercial Solid Waste Collection Franchise Agreements• RESOLUTION NO. 99- 76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH TERMINATING /ASSIGNING THE
COMMERCIAL SOLID WASTE COLLECTION
FRANCHISE AGREEMENTS BETWEEN THE CITY OF
NEWPORT BEACH AND ZAKAROFF SERVICES,
BRIGGEMAN DISPOSAL, ORANGE DISPOSAL, AND
ALLIANCE WASTE & RECYCLING.
WHEREAS, on January 27, 1997, the City Council adopted Ordinance 97 -4
granting a Non - exclusive Solid Waste Franchise to Zakaroff Services; and
WHEREAS, on November 27, 1995, the City Council adopted Ordinance 95 -64
granting a Non - exclusive Solid Waste Franchise to Orange Disposal Service: and
WHEREAS, on September 22, 1997, the City Council adopted Ordinance 97 -32
granting a Non - exclusive Solid Waste Franchise to Alliance Waste and Recycling; and
WHEREAS, on October 20, 1999 the City was notified that Zakaroff Services
• was no longer operating within the City of Newport Beach, and has been acquired by
Briggeman Disposal; and
WHEREAS, On November 15, 1999 was informed that both Briggemen Disposal
and Zakaroff Services were wholly owned by Consolidated Disposal Services LLC., dba
Briggemen Disposal
WHEREAS, on October 4, 1999 the City was notified that Orange Disposal was
acquired by Waste Management of Orange County, and is no longer operating within the
City of Newport Beach; and
WHEREAS, on April 15, 1999, the City was notified that Alliance Waste &
Recycling has been acquired by Waste Management of Orange County, and is no longer
operating within the City of Newport Beach; and
WHEREAS, Orange Disposal, and Alliance Waste & Recycling have requested
that the City terminate their respective Franchise Agreement and Consolidated Disposal
Services has asked that the Briggeman Disposal Franchise and Zakaroff Services
• Franchise be assigned to Consolidated Disposal Services., LLC. Dba Briggeman Disposal
Services; and
• WHEREAS, the City Council has been presented with agreements to terminate/
assign the Franchise Agreements;
NOW THEREFORE, the City Council resolves as follows:
1. The City Council hereby approves the termination of the Orange Disposal
and Alliance Waste Franchise Agreements. The City Council approves the
assignment of the Zakaroff Services and Briggeman Disposal Franchises
to Consolidated Disposal Services, LLC., dba Briggeman Disposal
Services.
2. Each of the following Agreements is hereby approved and the City
Manager is authorized to execute each Agreement as written:
a. Agreement to assign the Commercial Solid Waste Collection
Franchise Agreements between the City of Newport Beach and
Zakaroff Services and Briggeman Disposal Services, Inc to
Consolidated Disposal Services, LLC. Dba Briggeman Diposal
Services (Exhibit A).
• b. Agreement
Between the
City of
Newport
Beach
and
Waste
Management
of Orange
County,
Inc., a
Division
of
Waste
Management Collection and Recycling, Inc. to terminate the
Commercial Solid Waste Collection Franchise Agreement between the
City of Newport Beach and Orange Disposal Services (Exhibit B).
c. Agreement Between the City of Newport Beach and Waste
Management of Orange County, Inc., a Division of Waste
Management Collection and Recycling, Inc. to terminate the
Commercial Solid Waste Collection Franchise Agreement between the
City of Newport Beach and Alliance Waste and Recycling (Exhibit Q.
ADOPTED this22ndday of November '1999.
"CITY"
• CITY OF NEWPORT BEACH,
a Municipal Corporation
• / Dated: // a q % By:
ATTEST
LaVonne Harkless, City Clerk
F:\ USERS \GSV\NEIdndge\NOVENMER 99 \Comcil- FrmchRew1uau.doc
C
EXHIBIT A
REVISED
AGREEMENT TO ASSIGN THE COMMERCIAL SOLID WASTE
• COLLECTION FRANCHISE AGREEMENTS BETWEEN THE CITY
OF NEWPORT BEACH AND ZAKAROFF SERVICES AND
BRIGGEMAN DISPOSAL SERVICES, INC. TO CONSOLIDATED
DISPOSAL SERVICES, LLC., DBA BRIGGEMAN DISPOSAL
SERVICES, INC.
This the , Agreement is entered into on this day, n \
g y � day of NiJXhX 1999 and
executed by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "CITY "), AND CONSOLIDATED DISPOSAL SERVICES, LLC., DBA BRIGGEMAN
DISPOSAL SERVICES ( "CONSOLIDATED DISPOSAL ").
RECITALS
A. On January 27, 1997, the CITY entered into a Commercial Solid Waste
Collection Franchise Agreement with Zakaroff Services ( "ZAKAROFF
FRANCHISE "). On March 22, 1999, the CITY entered into a Commercial
Solid Waste Collection Franchise with Briggeman Disposal Services. Inc.
( "BRIGGEMAN FRANCHISE "). The two franchises will be referred to
herein collectively as "FRANCHISES ".
B. On October 20, 1999 Zakaroff Services notified the City that it was
• acquired by Briggeman Disposal Services, Inc. and that it is no longer
operating within the City of Newport Beach. The CITY was requested to
terminate the Zakaroff Franchise.
C. On November 15, 1999 the CITY was informed by Consolidated Services
that Briggeman Disposal Services, Inc., is a wholly owned entity of
Consolidated Disposal Services, LLC and that the BRIGGEMAN
FRANCHISE should be assigned to Consolidated Disposal Services,
LLC., DBA Briggeman Disposal Services.
D. The CITY desires to clarify the operations of both the ZAKAROFF
FRANCHISE and BRIGGEMAN FRANCHISE and to terminate
unnecessary agreements.
NOW THEREFORE, the CITY and CONSOLIDATED DISPOSAL agree as
follows:
1. CONSOLIDATED DISPOSAL hereby represents and agrees that the
above - referenced recitals are true and accurate representations of the
corporate status of Zakaroff Services and Briggeman Disposal Services,
Inc. CONSOLIDATED DISPOSAL agrees that the Zakaroff Services and
• Briggeman Disposal Services, Inc. corporate entities operations have
been merged with and transferred to the corporate entity, Consolidated
Disposal Services, LLC., and that Consolidated Services operates within
the City under DBA, Briggeman Disposal and that CONSOLIDATED
e
DISPOSAL has authorization and legal standing to execute this
Agreement, and to request assignment of the FRANCHISES and to
• assume all responsibility of the FRANCHISES.
2. Except for obligations of CONSOLIDATED DISPOSAL described below,
the FRANCHISES are hereby assigned to CONSOLIDATED DISPOSAL
effective November 22, 1999.
3. By signing this Agreement, CONSOLIDATED DISPOSAL and Zakaroff
Services shall have surrendered all rights to operate commercial solid
waste collection services under the name of Zakaroff Services in the CITY
limits.
4. By signing this Agreement, Briggeman Disposal Services, Inc. has
surrendered all rights to operate commercial solid waste collection
services within the CITY limits and will hereafter operate all commercial
solid waste collection services under the name of Consolidated Disposal
Services, LLC., DBA Briggeman Disposal.
5. CITY hereby consents to the assignment of the FRANCHISES to
Consolidated Disposal Services, LLC. DBA Briggeman Disposal
(hereinafter referred to as Franchise Agreement) CONSOLIDATED
DISPOSAL agrees to the following conditions of assignment:
• (a) All terms and conditions of the Franchises shall remain in full force
and effect and the full and complete obligation of CONSOLIDATED
DISPOSAL. CONSOLIDATED DISPOSAL agrees to fully comply
with all terms and conditions of the Franchise Agreement.
(b) CONSOLIDATED DISPOSAL agrees that all solid waste collected
by CONSOLIDATED DISPOSAL will be disposed of per the
provisions of the Franchise Agreement at a location identified by
the City.
(c) CONSOLIDATED DISPOSAL agrees that the Franchise Agreement
shall terminate on December 31, 2005 and no extension of the
Agreement is granted by this Assignment.
(d) CONSOLIDATED DISPOSAL shall pay to CITY any and all
deficient franchise fees, or other fees, or penalties, or obligations
incurred under the FRANCHISES, as provided in #6 below.
6. CONSOLIDATED DISPOSAL shall be liable for payment to CITY of all
applicable fees and penalties associated with the ZAKAROFF
FRANCHISE and the BRIGGEMAN FRANCHISE and all solid waste
• collection services performed by or under the name of Zakaroff Disposal
Services, Briggeman Disposal Services, Inc., or any other predecessor or
subsidiary entities under the FRANCHISES during the term of the
FRANCHISES through and including November 22, 1999.
CONSOLIDATED DISPOSAL agrees that liability shall include, but not be
• limited to the following:
(a) All current and outstanding franchise fees;
(b) All applicable charges associated with late payment of franchise
fees pursuant to Section 4 of the FRANCHISES;
(c) All applicable charges associated with reporting delinquencies
pursuant to Section 6 of the FRANCHISES;
7. CONSOLIDATED DISPOSAL agrees to submit any outstanding Disposal
Reports per Section 6 of the FRANCHISES.
8. The Board of Directors of CONSOLIDATED DISPOSAL has authorized
execution of this Agreement, which authorization has been documented
and provided to City prior to execution of this Agreement.
WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN
BELOW EACH SIGNATURE:
CITY OF NEWPORT BEACH,
a Municipal Corporation
•
Dated: ..a DOO By:
Homer Mdau
City Manager
APP V AS TO FORM:
ROBIN CLAUSON
Assistant City Attorney
Dated: CONSOLIDATED DISPOSAL SERVICES, LLC.,
DBA BRIGGEMAN DISPOSAL SERVICES, INC.
By:
Name:'Jsc /I -F.71 IX
• Title:6e(L-roe MGwlaob✓ 1/17/�O
F:\ users\ cat \shared\Ag\Briggem Disposal.doc
11 -18 -99
•
EXHIBIT (B)
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND WASTE MANAGEMENT OF ORANGE COUNTY, A
DIVISION OF WASTE MANAGEMENT COLLECTION AND
RECYCLING, INC. TO TERMINATE THE COMMERCIAL
SOLID WASTE COLLECTION FRANCHISE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND ORANGE
DISPOSAL.
This Agreement is entered into on this day, the day of %LOda-nL -1999 and
executed by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "CITY "), AND WASTE MANAGEMENT OF ORANGE COUNTY, A DIVISION OF
WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( "WMOC).
RECITALS
A. On November 27, 1995, the CITY entered into a Commercial Solid Waste
Collection Franchise Agreement with Orange Disposal Services
( "ORANGE DISPOSAL FRANCHISE ").
is B. On January 2, 1996 the CITY entered into a Commercial Solid Waste
Collection Franchise with Waste Management of Orange County, Inc.
which was assigned to "Waste Management of Orange County, Inc, a
Division of Waste Management Collection and Recycling, Inc. on June 14,
1999 ( "WASTE MANAGEMENT FRANCHISE ").
C. On October 4, 1999 Orange Disposal Services notified the City that it was
acquired by WMOC, and that it is no longer operating within the City of
Newport Beach. The CITY was requested to terminate the ORANGE
DISPOSAL Franchise.
D. The CITY desires to clarify the operations of both the ORANGE
DISPOSAL FRANCHISE and WASTE MANAGEMENT FRANCHSE and
to terminate unnecessary agreements.
NOW THEREFORE, the CITY and WMOC agree as follows:
1. WMOC hereby represents and agrees that the above - referenced recitals
are true and accurate representations of the corporate status of ORANGE
DISPOSAL and WMOC, and that WMOC has authorization and legal
• standing to execute this Agreement, and to surrender the ORANGE
DISPOSAL FRANCHISE and to assume all responsibility of the ORANGE
DISPOSAL FRANCHISE.
•
•
•
2. Except for obligations of WMOC described below, the ORANGE
DISPOSAL FRANCHISE is hereby terminated effective November 22,
1999.
3. By signing this Agreement, WMOC shall have surrendered all rights to
operate commercial solid waste collection services under the name of
Orange Disposal Services in the CITY limits.
4. WMOC shall be liable for payment to CITY of all applicable fees and
penalties associated with the ORANGE DISPOSAL FRANCHISE and all
solid waste collection services performed by or under the name of Orange
Disposal Services or any other predecessor or subsidiary entities under
the ORANGE DISPOSAL FRANCHISE during the term of Franchise
through and including November 22, 1999. WMOC agrees that liability
shall include, but not be limited to, the following:
(a) All current and outstanding franchise fees;
(b) All applicable charges associated with late payment of franchise
fees pursuant to Section 4 of the ORANGE DISPOSAL
FRANCHISE;
(d) All applicable charges associated with reporting delinquencies
pursuant to Section 6 of the ORANGE DISPOSAL FRANCHISE;
5. WMOC agrees to submit any outstanding Disposal Reports per Section 6
of the ORANGE DISPOSAL FRANCHISE.
6. The Board of Directors of WMOC has authorized execution of this
Agreement, which authorization has been documented and provided to
City prior to execution of this Agreement.
•
•
•
WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN
BELOW EACH SIGNATURE:
CITY OF NEWPORT BEACH,
a Municipal Corporation
Dated: By:
Homer BILuKau
City Manager
ATTEST
LaVonne Harkless
City Clerk
Dated: / a I/ �q
APP ED AS TO FORM:
ROBIIN CLAUSON
Assistant City Attorney
WASTE MANAGEMENT OF ORANGE COUNTY,
INC., A DIVISION OF WASTE MANAGEMENT
COLLECTION AND RECYCLING, INC.
By:
Narn� Clo vke
Title: -STOIC r I I A,,3AGe'R
FAUSeMXGSVVVAEIdddgeWOVEMBER 99 \Counci1- FmnchAssignml.doc
E
EXHIBIT (C)
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND WASTE MANAGEMENT OF ORANGE COUNTY, A
DIVISION OF WASTE MANAGEMENT COLLECTION AND
RECYCLING, INC. TO TERMINATE THE COMMERCIAL
SOLID WASTE COLLECTION FRANCHISE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
ALLIANCE WASTE AND RECYCLING.
This Agreement is entered into on this day, the day of /1/DJ- , 1999 and
executed by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "CITY "), AND WASTE MANAGEMENT OF ORANGE COUNTY, A DIVISION OF
WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( "WMOC ").
RECITALS
A. On September 22, 1997, the CITY entered into a Commercial Solid Waste
Collection Franchise Agreement with Alliance Waste and Recycling
• ( "ALLIANCE FRANCHISE ").
B. On January 2, 1996 the CITY entered into a Commercial Solid Waste
Collection Franchise with Waste Management of Orange County, Inc.
which was assigned to "Waste Management of Orange County, Inc, a
Division of Waste Management Collection and Recycling, Inc. on June 14,
1999 ( "WASTE MANAGEMENT FRANCHISE ").
C. On April 15, 1999 Alliance Waste and Recycling ( "ALLIANCE ") notified the
City that it was acquired by WMOC, and that it is no longer operating
within the City of Newport Beach. The CITY was requested to terminate
the ALLIANCE FRANCHISE.
D. The CITY desires to clarify the operations of both the ALLIANCE
FRANCHISE and WASTE MANAGEMENT FRANCHSE and to terminate
unnecessary agreements.
NOW THEREFORE, the CITY and WMOC agree as follows:
1. WMOC hereby represents and agrees that the above - referenced recitals
are true and accurate representations of the corporate status of
ALLIANCE and WMOC, and that WMOC has authorization and legal
• standing to execute this Agreement, and to surrender the ALLIANCE
FRANCHISE and to assume all responsibility of the ALLIANCE
FRANCHISE.
• 2. Except for obligations of WMOC described below, the ALLIANCE
FRANCHISE is hereby terminated effective November 22, 1999.
3. By signing this Agreement, WMOC shall have surrendered all rights to
operate commercial solid waste collection services under the name of
Alliance Waste and Recycling in the CITY limits.
4. WMOC shall be liable for payment to CITY of all applicable fees and penalties
associated with the ALLIANCE FRANCHISE and all solid waste collection
services performed by or under the name of Alliance Waste and Recycling or
any other predecessor or subsidiary entities under the ALLIANCE
FRANCHISE during the term of Franchise through and including November
22, 1999. WMOC agrees that liability shall include, but not be limited to, the
following:
(a) All current and outstanding franchise fees;
(b) All applicable charges associated with late payment of franchise
fees pursuant to Section 4 of the ALLIANCE FRANCHISE;
(e) All applicable charges associated with reporting delinquencies
• pursuant to Section 6 of the ALLIANCE FRANCHISE;
5. WMOC agrees to submit any outstanding Disposal Reports per Section 6 of
the ALLIANCE FRANCHISE.
6. The Board of Directors of WMOC has authorized execution of this
Agreement, which authorization has been documented and provided to City
prior to execution of this Agreement.
•
•
•
•
WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN
BELOW EACH SIGNATURE:
Dated: A-Cwp .
ATTEST
'& '�l .���
LaVonne Harkless
City Clerk
Dated: —a / q Iq�
A P P;'r AS TO FORM:
ROI AUSON
Assistant City Attorney
CITY OF NEWPORT BEACH,
a Municipal Corporation
By: 94wj —
ofiomer Bludpp
City Manager
WASTE MANAGEMENT OF ORANGE COUNTY,
INC., A DIVISION OF WASTE MANAGEMENT
COLLECTION AND RECYCLING, INC.
Name:
Title:
F1Usem \GSVUAEIdHdgeW0VEMBER WCouncil- FranchAssignm[Aw
•
•
11
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARIiLESS, 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. 99 -76, 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 22nd
day of November, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of November, 1999.
(Seal)
City Clerk
Newport Beach, California