HomeMy WebLinkAboutGreenWaste Recovery, Inc. (2) RESOLUTION 07-15
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS
HILLS APPROVING A THREE YEAR EXTENSION OF THE AGREEMENT
WITH GREENWASTE RECOVERY, INC.
WHEREAS, the City Council of the Town of Los Altos Hills regulates the collection and
disposal of garbage to protect the physical health and safety of its inhabitants; and, Town is
acting under clearly expressed policies of the State of California empowering Cities to regulate
the collection and disposal of Garbage,and Town and Franchisee desire to extend the term of the
current Franchise Agreement for the collection of garbage, recyclable and compostable materials
generated in Town; and
WHEREAS, the collection services provided by the Franchisee GreenWaste Recovery
continues to be responsive,high quality,and cost effective; and
WHEREAS, the Agreement was entered into on May 22, 2008 and is for an 8-year period
terminating on July 1,2016; and
WHEREAS Section 2.2 of the Agreement authorizes one additional 3-year extension of the
Agreement upon the request of the Franchisee and the approval of the Town;
NOW THEREFORE,the City Council of the Town of Los Altos Hills does hereby approve a 3-
year extension to the Agreement
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a special meeting held on the 9th day of February,2015 by the following vote:
AYES: Corrigan, Harpootlian,Larsen,Radford, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None /`
BY:
Courte"Corrig:. , ayor
ATTEST:
- -- Deborah Padovan City Clerk
Resolution 07-15 Page 1
Premium. $2,700 00
Bond No.CS8784530
GREAT AMERICAN INSURANCE COMPANY®
Renewable Performance and Payment Bond
KNOW ALL MEN BY THESE PRESENTS: That Greenwaste Recovery, Inc.
1500 Berger Dr., San Jose, CA 95112
(hereinafter called the Principal),and GREAT AMERICAN INSURANCE COMPANY,301 E.Fourth Street,Cincinnati,Ohio 45202
(hereinafter called the Surety),are held and firmly bound unto Town of Los Altos Hills
26379 Fremont Rd., Los Altos Hills, CA 94022
(hereinafter called the Obligee),in the full and just penal sum of Three Hundred Thousand Dollars and 00/100
($ 300,000 00 )dollars for the payment of which sum,well and truly to be made,the said Principal and Surety bind
themselves,and each of their heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the above bounden Principal has entered into a certain written contract with the above mentioned Obligee for
DisposalFrspose of Garbaget,for the Collection and (the"Contract")which Contract is hereby referred to and made a part hereof
Garbage,Recyclables and Plant Trimmings.
as fully and to the same extent as if copied at length herein with annual renewal at Surety's discretion.and
NOW,THEREFORE,THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,that if the above bounden Principal 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 the said Principal kept,done and performed,at the time and in the manner in said Contract specified during the term of this bond,
and pay all persons who have furnished labor or material for use in and shall indemnify,and shall pay over,and 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 Principal,then this obligation shall be void otherwise to be and remain in full force and effect.
PROVIDED,however that this bond is subject to the following conditions and provisions:
1 This bond is for the terms beginning June 1, 2017 and ending May 31, 2018
2. In the event of a default by the Principal in the performance of the Contract during the terms of this bond,the Surety shall
be liable only for the loss to the Obligee due to actual excess costs of the Contract up to the termination of this bond. The
Surety,after investigation,shall with reasonable promptness determine the amount for which it may be liable to the Owner
as soon as practicable after the amount is determined,tender payment therefore to the Owner,or find an acceptable
principal to complete the Contract. This does not provide coverage to any indirect loss or costs by the Obligee including,
but not limited to legal fees,court costs,expert fees or interest.
3 No claim,action,suit or proceeding,except as hereinafter set forth,shall be had or maintained against the Surety on this
instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of
the stated terms of this bond.
4. Neither non-renewal by the Surety,nor failure,nor inability of the Principal to file a replacement bond shall constitute loss
to the Obligee recoverable under this bond,not with=standing any language in the Contract to the contrary
S. The bond may be extended for an additional year at the option of the Surety,by Continuation Certificate executed by the
Surety
6. This shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated herein.
7 No right of action shall accrue on this bond to or for the use of any person,entity or corporation other than the Obligee
named herein and this bond cannot be assigned to any other party without the written consent of the Surety
Signed and sealed this 1st day of May , 2017
Greenwaste Recovery, Inc. GREAT AMERICAN INSURANCE a i, I'A `
-
_Principal `�. t ge
• �; �' � 3
b
BY. _ (Seal) BY. ) :
4•Yi
—2-)>6/� /1G/Ci rJ - G Natalie Ann Horder,Attorney-in-Fact
Name?;td Title'_'` Attorney-in-Fact-
Surety Phone No (650)570-6155
,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Sonoma }
On May 01, 2017 before me, Nancy L.Wallis , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared . Natalie Ann Horder
Name(s)of Signer(s)
,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to methat he/she/they
executed the same in his/her/their authorized capacity(ies),
,..o NANCY L.WALLIS and that by his/her/their signature(s) on the instrument the
Aili }1 . NotabHc.CaHforni1z acted, executed the instrument.
z 4 "�:�. Sonoma County z
E 4 '' Commission#2161736 n I certify under PENALTY OF PERJURY under the laws of
Co [�
7_ _ ___ ..1111!_ mm.._Expires Es, p_ Aug_o26 v 2020_C the State of California that the foregoing paragraph is true
and correct.
Witness my han nd official seal.
Signature
Place Notary Seal Above Signatur of Notary blic Nancy L.Wallis
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above.
Capacity(ies)Claimed by Signer(s)
Signer's Name. Signer's Name.
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s) ❑ Corporate Officer—Title(s)'
❑ Partner 0 Limited 0 General ❑ Partner 0 Limited 0 General
O Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
O Trustee OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other El Other
Signer is Representing: Signer is Representing:
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than 1
Bond No. CS8784530
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-
fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,the specific bond,undertaking or contract of suretyship referenced
herein;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed
the limit stated below.The bond number on this Power ofAttomey must match the bond number on the bond to which it is attached or it is invalid.
Name Address Limit of Power
Natalie Ann Horder 1039 A North McDowell Blvd. $100,000,000.00
Petaluma, CA 94954
Principal: Greenwaste Recovery, Inc.
Obligee: Town of Los Altos Hills
IN WITNESS WHEREOF the-GREAT AMERICAN INSURANCE COMPANY has caused these presetts to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 1st day of May,2017
Attest GREAT AMERICAN INSURANCE COMPANY
4-L e 3 oulde Aeizi.,:,
- tWii I
Assistant Secretary Divisional SeniorVice President
DAVID C.KITCHIN(877377-2405)
STATE OF OHIO,COUNTY OF HAMILTON-ss:
On this 1st day of May 2017 ,before me personally appeared DAVID C.KTTCHIN,to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
Susan A.!Cahoot
a 47424,614.Lay
=?;- -_ No�rl►Pl�tr,Si�MafOhio a.,1,
j.,.i t" NyCoardegonEcires1:648-2020
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008.
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice
Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligationsin the nature thereof;to prescribe their respective duties and
the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and sealed this 1st day of May,2017
"Y•5Z1..t. 4c. e 3
,.....,
.. !,,
s„. . 4 •
Assistant Secretary
S1194C(6/15)