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Ordinance No. 1226ORDINANCE NO. 1226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 12 OF THE VERNON MUNICIPAL CODE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on December 8, 1998, the City Council of the City of Vernon adopted Ordinance No. 1067 amending Chapter 12 of the Vernon Municipal Code regarding Waste Management and Recycling; and WHEREAS, the City Council of the City of Vernon desires to amend Chapter 12 of the Vernon Municipal Code. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct. Section 2: Chapter 12 of the Vernon Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 12. WASTE MANAGEMENT AND RECYCLING TABLE OF CONTENTS Article I. in General. Section 12.1. Definitions Commission Established Section 12.2. Public nuisance. Article II. Offal Vehicles Section 12.3. Offal vehicles. Section 12.4. Section 12.5. Section 12.6. Section 12.7. Section 12.28. Section 12.29. Section 12.10. Section 12.11. Article III. Rendering Plants. Sanitation of premises. Sanitation of rendering plant equipment. Floors, paved areas, and drains of rendering plants. Rendering material storage area. Rendering material storage time limitation. Rendering plant equipment breakdown. Vector control. Bird control. Article IV. Liquid Waste Pumping Vehicles. Section 12.12. Vehicle construction and maintenance. Section 12.13. Dumping prohibited. Section 12.14. Registration required. Section 12.15. Records required. Article V. Collection of Solid Waste. Section 12.16. Authority to Grant Non -Exclusive Franchises. Section 12.17. Subscription to Collection Service or Self -Hauling. Section 12.18. Public Nuisance. Section 12.19. Containers. Section 12.20. Frequency of Collection. Section 12.21. Unlawful and Prohibited Acts. Section 12.22. Use of Containers for Solid Waste Generated During Construction and Demolition. Section 12.23. Self Haulers. Section 12.24. Violations. Article VI. Collecting and Loading Recyclable Materials. Section 12.25. Definitions. Section 12.26. General requirements. Section 12.27. Design standards. Section 12.28. Location. Article VII. Recycling for Large Events and Large Venue. Section 12.29 Definitions. Section 12.30 Purpose. Section 12.31 Application of Chapter to Large Events and Large Venues. Section 12.32 Waste Management Plan Requirements. Section 12.33 Review of Waste Management Plan. Section 12.34 Waste Management Compliance Reporting. - 2 - r. "Large residential premises" means all premises with five (5) or more dwelling units. s. "Offal vehicle" means any vehicle used in whole or in part for the transportation of offal, tankage, blood, feathers, bones, hides, pelts and similar animal, fish or fowl by-products. t. "Person" shall mean any individual, firm, association, organization, partnership, corporation, group or other entity. u. "Premises" shall mean any land, building and/or structure within the City limits where solid waste is generated or accumulated. v. "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become 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 used in the marketplace. W. "Recyclable material" or "Recyclables" means that solid waste capable of being recycled, including but not limited to Green Waste, glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal. x. "Rendering materials" mean carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and other animal, fowl, or fish by- products. y. "Rendering plant" means an establishment where one or more rendering materials are cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer, or animal feed. A rendering plant shall - 6 - Article III. Rendering Plants. Section 12.4. Sanitation of premises. The premises of all rendering plants shall be cleaned at least once each day by scraping, brushing, or washing paved areas where required, and all such areas shall be kept free of refuse, trash, or accumulated rendering materials. Section 12.5. Sanitation of rendering plant equipment. All cooking equipment, barrels, bins, presses, conveyors, grinders, hogs, tanks, and other equipment which is used to convey, hold, or process rendering materials shall be thoroughly cleaned at least weekly. All other equipment shall be cleaned as often as necessary to maintain it in a sanitary condition and to prevent a nuisance from odors. Section 12.6. Floors, paved areas, and drains of rendering plants. Rendering plant floors, rendering material storage areas, processed material storage areas, truck washing areas, drive -ways, and truck parking and maneuvering areas shall be constructed of concrete or other hard paving material impervious to water. All such paved areas shall be sloped to drains which are connected to an approved clarifier which, in turn, is connected to the sewer. Drains in uncovered areas and those drains which may receive excessive runoff of flood waters during rainstorms shall be connected to the clarifier through an approved rain -diversion valve. Liquid waste runoff from rendering plant paved areas shall be contained on the plant premises by the use of curbing, slopes, troughs, driveway entrance drains or other methods which will effectively prevent such liquid waste from running onto public sidewalks, streets, or other public or private property. - 9 - Section 12.7. Rendering material storage area. All rendering materials shall be delivered to and stored only in a designated rendering material storage area. The rendering material storage area shall be paved, curbed, and sloped or roughed to prevent liquid waste from the rendering materials seeping or flowing to surrounding areas. Section 12.8. Rendering material storage time limitation. All rendering materials shall be processed within a forty-eight hour period after arrival at the rendering plant. If, for any reason, any rendering materials cannot be processed within the foregoing time limitation, the rendering plant operator shall notify the Vernon health department. The Health Department, after investigating the reasons for delay, may permit the rendering materials to be stored for additional time or may direct the rendering plant operator to dispose of all such material until such time as the rendering plant can again properly process rendering materials within the designated storage time period. Until such time as the rendering plant is again placed in normal operation and the health department has approved the resumption of rendering material deliveries, all rendering material deliveries to the rendering plant shall be immediately discontinued and no future rendering material deliveries shall be made. Any rendering materials remaining on site beyond the forty-eight hour time limitation with the approval of the health department shall be treated with a suitable chemical which will retard decay and mask odor emanating from such material. Section 12.9. Rendering plant equipment breakdown. If a delay in the normal processing of rendering materials is due to a major breakdown of equipment and such delay may be in excess of - 10 - seventy-two hours, all cookers shall be immediately emptied and all existing rendering materials, both raw and partially cooked, shall be removed from the rendering plant property and shall be disposed of by legal means. All rendering material deliveries to the rendering plant shall be immediately discontinued and no future rendering material deliveries shall be made until such time as the rendering plant is again placed in normal operation and the health department has approved the resumption of rendering material deliveries. Section 12.10. Vector control. All rendering plants shall continually maintain an effective vector control program within the plant and on the premises. Such control program shall include (1) a thorough inspection of the plant and premises at least once each week to detect vector activity and (2) use of rodenticides, insecticides, and other effective means to eliminate vectors and to prevent vector harborage. Section 12.11. Bird control. All rendering plants shall continually maintain an effective bird control program. Such control program shall prevent bird access to raw or processed rendering materials, and eliminate bird nesting and roosting sites. Article IV. Liquid Waste Pumping Vehicles. Section 12.12. Vehicle construction and maintenance. Liquid waste pumping vehicles shall comply with the following specifications: (a) All bodies and tanks shall be constructed of metal. All joints and seams shall be welded and the tank shall be leakproof. (b) All valves, couplings, hoses, and other appurtenances used to transfer material to and from the vehicle storage tank shall be so constructed, maintained, and stored as to preclude any dripping, draining, spilling, or splashing of pumped material during transfer or while the truck is traveling between places of collection and place of transfer or disposal. (c) Each vehicle shall have the permittee's name or firm name, telephone number, and street address in legible letters not less than three inches in height with a 3/8-inch stroke on both sides of the vehicle so as to be visible when in use. (d) Each vehicle shall be kept clean, sanitary, well painted, and in good repair at all times. Section 12.13. Dumping prohibited. No person operating or in charge of a liquid waste pumping vehicle shall pump, transfer, discharge, deposit, drain, or place any liquid waste from said vehicle directly or indirectly onto the surface of the ground or into any storm drain channel, natural or artificial drain, watercourse, gutter, river or tributary within the City of Vernon or into any public or private sewer, sump, tank, or clarifier in the City of Vernon without the proper permits. Industrial by-products transported in liquid waste pumping vehicles may be transferred to receiving tanks at rendering plants, oil refineries, reprocessors, and similar industrial establishments. Section 12.14. Registration required. All liquid waste pumping vehicles pumping or removing material from a location in the City of Vernon or delivering pumped material to a location in the City of Vernon shall comply with the provisions of sections 117405 to 117450 of the California Health and Safety Code and - 12 - shall register and obtain a permit from the health officer. Said registration shall be in addition to any other registration, permit, or license required by the City of Vernon or other governmental entity. The Health Officer shall register any liquid waste pumping vehicle which complies with the provisions of this article and shall issue a permit. A permit decal or plate shall be affixed in a conspicuous place on the rear of the vehicle or tank. if the Health Officer cancels or revokes the Health Department registration for such vehicle pursuant to section 117445 of the California Health and Safety Code, the permit decal or plate shall be removed or effaced. Section 12.15. Records required. Each operator of a liquid waste pumping vehicle in the City of Vernon shall maintain accurate records giving the date and listing each and every one of the premises by name and address where a septic tank, cesspool, sewage seepage pit, clarifier, chemical toilet, sump, or other receptacle was cleaned or pumped by said operator or its employees or others on its behalf, and said records shall also describe in precise terms the date and place where the cleanings or material were disposed and by whom. These records, or an exact copy, shall be furnished the Health Officer on demand (section 117435, California Health and Safety Code). Said record shall be maintained by each operator for at least one year. Article V. Collection of Solid Waste. Section 12.16. Authority to Grant Non -Exclusive Franchises. The City Council may, by resolution, grant one or more franchise(s) for solid waste handling services related to solid waste generated within the City. Any grant of a franchise by the City Council may be subject to such terms, conditions, rules, regulations, restrictions, and - 13 - limitations as the City Council deems necessary to protect the public health, safety, or welfare. Section 12.17. Subscription to Collection Service or Self -Hauling. a. Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the City shall either (i) subscribe to solid waste collection services with a Franchisee for said premises; or (ii) register as a self -hauler and obtain a self -hauler permit as set forth in this chapter in connection with said premises. b. Exception; Vacant Premises. The above requirement to arrange for solid waste collection services shall not apply in connection with any residential premises at which all dwelling units are vacant, or commercial premises that are vacant, for a period of forty-five (45) days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Administrator is hereby authorized to develop, demonstrating vacancy of the premises for the period in question. Section 12.18. Public Nuisance. a. It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the city for which arrangements have not been made and kept in full force and effect for solid waste collection services in a manner consistent with the provisions - 14 - hereof. b. The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances. It is unlawful to throw, place scatter, allow to accumulate or bury an garbage, waste, combustible or noncombustible rubbish, or contaminated dirt, in, upon or below the surface of any premises, highway, public street, public place, or catch basin in the city or on the premises of another. Section 12.19. Containers. a. Every owner, occupant or person in possession, charge or control of any premises within the city shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either (i) provided by, or acceptable to, a franchisee; or (ii) approved by City Administrator for self -hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste. b. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service prior to 6:00 p.m. on the evening preceding the normal collection time, and all containers so placed shall be removed from the street or right-of-way within twelve (12) hours after collection. C. Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers shall be utilized. d. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions: 1. The owner, property manager or person in charge or control of a premises upon which multiple dwellings exists may arrange for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises. 2. The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste collection services at a common location, subject to approval of the City Administrator, which approval may be delegated to a Franchisee. Approval by the City Administrator shall be based upon (i) the type of solid waste generated by each commercial premises; and (ii) the number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety. =t= e. It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such containers for other uses; or to intentionally damage or deface such containers. f. All containers used for the collection of solid waste at residential premises shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the premises does not allow for obscuring containers from public view, containers shall be stored in an area at the point furthest from the closest street or roadway. g. In all instances, a sufficient number of containers shall be provided to accommodate the volume of solid waste generated on the premises. Section 12.20. Frequency of Collection. a. Residential Premises. With the exception of vacant premises meeting the provisions of section 12.17(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the City shall remove or cause to be removed by subscription to services provided by a Franchisee all solid waste stored, generated, collected or accumulated on such premises. Such services for residential premises shall be provided solely by a Franchisee with an exclusive franchise, and if no exclusive franchise has been issued, then such service shall be provided by the same party that provides solid waste collection services to residential parcels - 17 - owned by the City or by another franchised hauler approved by the City, which approval shall not be unreasonably withheld. b. Commercial Premises. With the exception of vacant premises meeting the provisions of section 12.17(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the City shall remove by self -hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all solid waste stored, generated, collected or accumulated on such premises. C. Modifications to Collection Frequency. The City Administrator may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. The City Administrator may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule and/or that additional or larger containers shall be utilized. Section 12.21. Unlawful and Prohibited Acts. a. It is unlawful for any person other than a Franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, within the City. This prohibition shall not, however, apply to: 1. A person that obtains a self -hauler permit in accordance with this chapter; 2. the owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid waste collections services from a Franchisee, when such owner, tenant or occupant is collecting materials generated at his/her own premises for delivery to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a Franchisee, to collect solid waste from one's own premises; 3. the collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the collection of such materials; 4. the collection of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials; 5. any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non -monetary - 19 - consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation; 6. the collection, transportation or disposal of solid waste by City employees in the course and scope of their employment with the City; 7. containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, California Public Resources Code Section 14500, et seq.; 8. by products of sewage treatment, including sludge, sludge ash, grit, and screenings; 9. residue or non-processible waste from a facility with a solid waste facility permit granted by CalRecycle, including waste transfer material recovery, composting, and transformation facilities; and 10. the Collection, transportation, or disposal of Hazardous Waste; Universal Waste; E-Waste; bichazardous waste; untreated medical waste; infectious waste; animal waste (including carcases, dead animals and/or parts or portions of dead animals, but and excluding manure); used cooking fats, oils, grease and similar waste; or other materials which do not constitute Solid Waste. b. It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a - 20 - franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises. C. No person shall place solid waste adjacent to a street or public right-of-way for collection by a Franchisee without having first subscribed for solid waste collection services with such Franchisee. d. No person shall burn or process any solid waste within the City, except in an approved incinerator, digestor or other device for which a permit has been issued by the building official and fire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations. e. It is unlawful for any person, other than a Franchisee, to take, remove or appropriate for his/her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a Franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container. Section 12.22. Use of Containers for Solid Waste Generated During Construction and Demolition. Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste collection service with the use of containers from a Franchisee, be registered to self haul such solid waste in the manner set forth herein, or make arrangements - 21 - pursuant to section 12.40(a)(3). In addition to constituting a violation of this chapter, the failure to produce evidence of compliance with this section upon the request of a City building inspector, code enforcement officer or other City officer shall constitute a basis for the City Administrator to order that all work cease until compliance with this section occurs. Section 12.23. Self Haulers. a. Self haulers holding a self -hauler permit and operating in accordance with this chapter are only permitted to collect, transport and dispose of solid waste generated by and upon the self hauler's own premises. Under no circumstances may a self hauler collect, transport or dispose of solid waste generated upon premises that are not owned, operated or controlled by the self hauler. Notwithstanding any other provision of this chapter, self haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business. b. Permit. All self haulers shall subscribe to the following requirements: 1. Each self hauler shall obtain a permit from the City Administrator. Self haulers must renew their permit at the commencement of each fiscal year. Initial applications for a permit following the adoption of these regulations, for the 2014-2015 fiscal year, must be submitted to the City Administrator on or before January 30, 2015. 2. The application for a self -hauler permit, whether upon initial application or renewal, shall include the - 22 - following: (i) a list of all bins, carts, rolloff boxes and other containers to be used by the self hauler; (ii) a list of all transportation and disposal equipment to be used by the self hauler; (iii) a written explanation of where all solid waste will be delivered for disposal and diversion; (v) a written plan explaining to the reasonable satisfaction of the City Administrator how not less than fifty percent (50W) of solid waste collected will be diverted from disposal in compliance with AB 939 or other higher diversion requirements as may be imposed by applicable laws; and (vi) any other information deemed necessary by the City Administrator to ensure protection of public health, safety and sanitary needs. 3. Applications to renew a self -hauler permit shall additionally include: (i) receipts from self -hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50g) of all solid waste collected from its premises from landfills in a manner that complies with the requirements of AB 939 and any other higher requirements as may be imposed by applicable laws; and (ii) receipts from self -hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Administrator. - 23 - 4. The City Administrator shall approve the application for a self -hauler permit if it meets the requirements of this section, and if the equipment, containers, diversion plan and disposal plan are to his/her reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty -percent (50%) diversion requirement, or such other diversion requirements as may be imposed by applicable laws, and otherwise complied with all laws related to collection, transportation and disposal of solid waste. C. Containers. Each self hauler shall provide its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self hauler must conform to industry standards for solid waste disposal and must be approved by the City Administrator in writing prior to issuance of a self - hauler permit. In addition, any containers utilized by a self hauler shall comply with the following requirements: 1. All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Administrator. 2. All containers shall be maintained in a sealed, watertight condition; 3. Self haulers shall remove any graffiti that appears on containers within twenty-four (24) hours after becoming aware of it. d. Collection and Transport Equipment. Collection and transport equipment, including but not limited to transport trucks and - 24 - e f vehicles, utilized by a self hauler must be approved by the City Administrator in writing prior to issuance of a self -hauler permit, and must be appropriate for their intended purpose. Non -Commercial Venture. It is the intent of this chapter to prevent and proscribe self -hauling activities undertaken as a commercial enterprise. Self haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. Stated otherwise, a self hauler may not pay a solid waste enterprise an amount that exceeds fair market value for equipment, and then claim to receive collection, transportation and disposal services at no cost from such solid waste enterprise. A self hauler may utilize its own employees to undertake self -hauling activities, but under no circumstance may a self hauler utilize an independent contractor or any other person or entity for solid waste collection services (other than a franchisee). Other recycling Obligations. Self haulers shall recycle all recyclable materials not otherwise addressed by this section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by state law. g. Collection Frequency. Unless otherwise specifically provided in this chapter, self haulers shall remove solid waste from their premises at least once per week. However, upon application to the City for a self -hauler permit, the City Administrator may determine a different frequency for solid waste collection, transport and disposal from the self hauler's premises. This - 25 - no i. determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self hauler as demonstrated by information in the application. Hazardous and Special Wastes. Unless lawfully and currently licensed under state, federal and local laws, no self hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes. Revocation The City Administrator may immediately and temporarily suspend a self -hauler permit if the permittee: (i) fails to divert at least fifty percent (50%), or other higher diversion requirements as may be imposed by applicable laws, of all solid waste collected from its premises from landfills in a manner that complies with the requirements of AB 939, AB 341 and all other applicable laws; (ii) fails to deliver solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Administrator, or (iii) fails to comply with any section in this code or other applicable law regarding the collection, hauling, transportation, or disposal of solid waste. Upon issuance of the temporary suspension, the City Administrator shall give the self -hauler written notice of the following (aa) the permit has been temporarily suspended and no self -hauling is permitted pursuant to suspended permit; (bb) a brief statement of the grounds for the suspension; (cc) on a date and time certain, which date shall be at least 5 calendar days after the date of the issuance of the notice, the City Administrator shall determine whether the permit should be revoked - 26 - or reinstated; and (iv) the self -hauler has the right to submit information to the City Administrator before that date to attempt to demonstrate that the suspension was in error and the permit should be reinstated. Section 12.24. Violations A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of section 12.21 (hereinafter "unauthorized container(s)") may be impounded as set forth herein. 1. The City Administrator may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to owner of s�� the unauthorized container once said owners identity is ascertained by the City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder. 2. If within twenty-four hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Administrator may direct the removal and storage of the unauthorized container. In addition, if the contents of the container is either comprised of a substantial amount of putrescible solid waste, or determined by the City Administrator to create a threat to health and safety if not disposed of immediately, the City Administrator may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal, including any administrative costs incurred by the City. All amounts due to the City for the cost of removal, storage and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts. - 28 - 3 4 Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the unauthorized container may request a hearing to appeal the City's determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Administrator shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to city shall be forgiven and any amounts paid reimbursed. If the identity of the owner of an unauthorized container that has been removed by the City is known to the City Administrator, the City Administrator shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the unauthorized container is not claimed within ninety-five days after mailing of the notice to the owner, or ninety days after removal if the identity of the owner is unknown to the City Administrator, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the forgoing procedure related to abandonment will apply. - 29 - B. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Administrator, consistent with Section 1.8 of the municipal code. C. Violations Deemed to be a Public Nuisance In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. D. Attorneys' Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs other such expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the person found to have violated any provisions of this chapter. Article VI. Collecting and Loading Recyclable Materials. Section 12.25. Definitions. The following definitions shall apply to the provisions of this article: (a) Development project means any of the following: (1) A project involving development for which a building permit will be required for a commercial, industrial, or institutional building, or residential building having five or more living units, where solid waste is collected and loaded and any residential project involving development where solid waste is collected and loaded in a location servicing five or more units. i 14= (2) Any new public facility where solid waste will be collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste. (b) Development means the construction or addition of new building square footage which exceeds 25,000 square feet or the price of which exceeds ten percent (10W) of the current assessed value for the subject parcel. All calculations shall be based on gross square footage of new buildings or of additions to existing buildings. (c) Recycling areas mean space allocated for collecting and loading of recyclable materials. Section 12.26. General requirements. Any development project for which an application for a building permit is submitted on or after September 1, 1994, shall include an adequate, accessible, and convenient recycling area. Section 12.27. Design standards. Recycling areas shall be adequate in capacity, number, and distribution to serve the development project. (a) Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the development project is to be located. (b) An adequate number of bins or containers to allow for the collection and loading of each kind of recyclable material generated by the development project shall be maintained. (c) The design and construction of recycling areas shall be compatible with surrounding land uses. (d) Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing - 31 - authorized persons access for collection and loading of materials. (e) Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable. (f) A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted and maintained adjacent to all points of access to the recycling areas. Section 12.28. Location. (a) A recycling area shall not be placed in any location which is required by local law or regulation to be maintained unencumbered or unoccupied in accordance with fire regulations, applicable building codes, and/or public safety laws. (b) A recycling area shall be located so that it is at least as convenient as the location(s) where solid waste is collected and loaded. Whenever feasible, a recycling area shall be adjacent to such trash collection area. (c) Driveways or travel aisles shall provide unobstructed access for personnel and for vehicles collecting and loading recyclable materials and shall provide at least the minimum clearance required by the collection methods and vehicles utilized for other solid waste. Article VII. Recycling for Large Events and Large Venue. Section 12.29 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: - 32 - a. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for a permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter. b. "Large event" means any large event that charges an admission price or for which an applicant seeks temporary or periodic use or occupancy in or on a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by more than 250 persons, including workers, per day of operation. C. "Large venue" means a facility that annually seats or serves an average of more than 250 individuals per day of operation, including workers, such as, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located within the City and any other facility or place that is a "venue facility" for purposes of Public Resources Code section 42648. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. d. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting items that would otherwise be disposed of in a landfill. - 33 - e. "Waste management plan" means a plan for reducing and managing solid waste, submitted to the City Administrator or his/her designee for review in compliance with this chapter. Section 12.30 Purpose. The City Council declares that the purpose of this chapter is to reduce solid waste from large events and large venues by requiring those who operate large events and large venues to develop and implement waste management plans to reduce solid waste placed in landfills and to report diversion and recycling to the City. The following large events and large venues are subject to the requirements of this chapter: a. All events charging an admission price or for which an applicant seeks temporary or periodic use or occupancy of a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by or anticipated to be attended by an average of more than 250 individuals per day of operation. b. All venues that annually seat or serve an average of more than 250 individuals per day of operation, including but not limited to convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located with the City. Section 12.31 Application of Chapter to Large Events and Large Venues. Large events and large venues shall meet the requirements of and shall comply with all provisions of this chapter. Section 12.32 Waste Management Plan Requirements. a. All large event applicants shall develop and submit to the City a waste management plan for reducing and recycling solid - 34 - waste as part of the application for a permit. The waste management plan shall include the following information: 1. An estimate of the anticipated amount and type of solid waste generated and material disposed and diverted from the event. 2. Proposed actions to reduce, reuse and recycle the amount of solid waste generated from the event. 3. Arrangements for the separation, collection and diversion from landfills of reusable and recyclable materials. b. All large venues shall develop and submit to the City a waste management plan on an annual basis on or before January 1 of each year. The waste management plan shall include the following: 1. An estimate of the amount and type of solid waste generated and material disposed and diverted from the venue. 2. The existing solid waste reduction, reuse and recycling programs that the operator of the large venue utilizes. C. All large event applicants and large venue operators shall, on or before July 1, 2015, and on or before July 1, biennially thereafter, meet with recyclers and solid waste service providers of the large event or large venue to determine the appropriate solid waste reduction programs to meet the requirements of this chapter. Section 12.33 Review of Waste Management Plan. a. Time for Review. A waste management plan shall be approved or rejected no later than 20 business days after a complete - 35 - application is made for a large event and or a waste management plan is submitted for a large venue. b. Approval. The City Administrator or his/her designee may approve the plan subject to conditions reasonably necessary to meet the standards of this chapter and may consult with the City's solid waste hauler concerning the viability of the waste management plan and compliance by large events and large venues with diversion requirements: C. Rejection. If the City Administrator or his/her designee rejects the waste management plan, the grounds for rejection shall be clearly stated in writing. Section 12.34 Waste Management Compliance Reporting. Within 30 days of receiving a written request for information from the City, the large event or large venue operator shall provide a written report to the City Administrator or his/her designee containing the following documentation: a. A listing of solid waste reduction, reuse, recycling and diversion programs implemented for the event or venue. b. The type and weight of materials diverted and disposed at the event or venue. Section 12.35 Actions by the City. a. When issuing a permit to an operator of a large event or large venue, the City shall provide information to the operator that can be implemented to reduce, reuse and recycle solid waste materials generated at the event or venue and provide contact information about where solid waste materials may be donated, recycled or composted. This information may include, but is not limited to, providing information - 36 - directing the operator of the large event or large venue to the CalRecycle website or any other appropriate website. b. As part of the City's annual report submitted pursuant to Public Resources Code section 41821 to CalRecycle, City shall include an estimate and description of the top 10% of its large events and large venues based upon the amount of solid waste generated at such events and venues as submitted by operators of large events and large venues. To the extent that the information is readily available to the City, the information shall include the name, location and a brief description of the event or venue, a brief description of the types of solid waste generated, types and estimated amount of materials disposed and diverted by weight, and existing solid waste reduction, reuse and recycling programs that the operator of the large event or large venue utilizes to reduce, reuse and recycle the solid waste. C. The City may charge and collect a fee from an operator of a large event or large venue in an amount to be established by resolution of the City Council to recover the City's estimated costs incurred in complying with this chapter. Section 12.36 Penalty. In addition to any other available penalties and/or remedies, any event or venue identified under this chapter as a large event or large venue not complying with the waste management plan approved by the City Administrator or his/her designee may be subject to solid waste audits by the City or its designated representatives or contractors at the expense of the operator of the large event or large venue. Based on such audits, the City may require additional processing of solid waste - 37 - generated by the event or venue, at an additional cost to the operator, to meet the diversion goals of the City. SECTION 3: Repeal. Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 4th day of November, 2014. ATTEST: Ana B cia ri4y cI.am 1 Deputy City Clerk Name: W. Michael McCormick Title: Mayor / - - 39 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, ANA BARCIA, Deputy City Clerk of the .City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1226 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, October 21, 2014, and thereafter adopted at a meeting of said City Council held on Tuesday, November 4, 2014, by the following vote: AYES: Councilmembers: Mayor McCormick, Mayor Pro-Tem Davis, Maisano, NOES: Councilmembers: None ABSENT: Councilmembers: Martinez And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2014, at Vernon, California. Ana B rc Deputy City Cle (SEAL) TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 6, 2014 TO: Leonard Grossberg, Director of Health & Environmental Control FROM: Deborah Juarez, Records Management Assistant RE: Ordinance No. 1226 — An Ordinance of the City Council of the City of Vernon Amending Chapter 12 of the Vernon Municipal Code and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith Transmitted herewith is a copy of Ordinance No. 1226 referenced above, which was approved by City Council on November 6, 2014. Thank you. Attachment c: Ana Barcia Ordinance No. 1226 STAFF REPORT RECEIVE® OCT 16 ZM4 CITY CLERK'S OFFICE i D-i IlQud 09 SA_ PUPTa IUPI &l //NXRECEIVED OCT 16 2014 CITY ADMINISTRATION r� STAFF REPORT HEALTH & ENVIRONMENTAL CONTROL DEP DATE: October 21, 2014 TO: Honorable Mayor and City Council FROM: Leonard Grossberg, Director of Health & Environmental Control RE: Ordinance amending Chapter 12 of the Vernon Municipal Code regarding Waste Management and Recycling It is recommended that the City Council: 1. Find that approval, and subsequent adoption, of the proposed ordinance is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections [a] 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Hold the first reading of, and subsequently adopt the proposed Ordinance amending Chapter 12 of the Vernon Municipal Code regarding Waste Management and Recycling. 3. Approve the general form of the Non -Exclusive Franchise Agreement for Commercial Solid Waste Collection, in substantially the same form as submitted herewith. Background: The current Waste Management and Recycling Ordinance and Non -Exclusive Franchise Agreement ("Franchise Agreement") have been in effect since 1998. Several sections of Chapter 12 of the Vernon Municipal Code require revisions and/or corrections. With the existing Franchise Agreements expiring December 31, 2014, it would be prudent to update the Vernon Municipal Code and form of Franchise Agreement at this time. With the assistance of outside legal counsel Patrick Munoz of Rutan & Tucker, LLP and the City Attorney's Office, the proposed ordinance was drafted to amend the Vernon Municipal Code to clarify some definitions and conditions, expand on the self -haul permitting requirements, and add recycling requirements for large venues. The ordinance would maintain the existing non- exclusive franchise hauling system, and would not mandate reductions in the number of franchised solid waste haulers. Changes to the current Franchise Agreement include improvements intended to: facilitate quarterly reporting, increase insurance requirements, increase the certificate of deposit limits, better protect City finances, and require electronic reporting for quarterly reports. Also, language was added to further define the self -hauling provisions, and to establish recycling requirements for large venue events. FISCAL IMPACT: No direct fiscal impact is expected as a result of the amendments proposed in this staff report. It is anticipated that the increased deposit requirements would further protect the City from potential loss due to late or non -payments, and that the electronic reporting requirements would make administrative processing more efficient. 9CLG:H/Leonards/Health Dept/Staff Reports/Solid Waste Ordinance Oct 2014.doc ORDINANCE NO. 1226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 12 OF THE VERNON MUNICIPAL CODE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on December 8, 1998, the City Council of the City of Vernon adopted Ordinance No. 1067 amending Chapter 12 of the Vernon Municipal Code regarding Waste Management and Recycling; and WHEREAS, the City Council of the City of Vernon desires to amend Chapter 12 of the Vernon Municipal Code. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct. Section 2: Chapter 12 of the Vernon Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 12. WASTE MANAGEMENT AND RECYCLING TABLE OF CONTENTS Article I. In General. Section 12.1. Definitions Commission Established Section 12.2. Public nuisance. Article II. Offal Vehicles Section 12.3. Offal vehicles. Section 12.4 Section 12.5 Section 12.6 Section 12.7. Section 12.28 Section 12.29 Section 12.10 Section 12.11 Article III. Rendering Plants. Sanitation of premises. Sanitation of rendering plant equipment. Floors, paved areas, and drains of rendering plants. Rendering material storage area. Rendering material storage time limitation. Rendering plant equipment breakdown. Vector control. Bird control. Article IV. Liquid Waste Pumping Vehicles. Section 12.12. Vehicle construction and maintenance. Section 12.13. Dumping prohibited. Section 12.14. Registration required. Section 12.15. Records required. Article V. Collection of Solid Waste. Section 12.16. Authority to Grant Non -Exclusive Franchises. Section 12.17. Subscription to Collection Service or Self -Hauling. Section 12.18. Public Nuisance. Section 12.19. Containers. Section 12.20. Frequency of Collection. Section 12.21. Unlawful and Prohibited Acts. Section 12.22. Use of Containers for Solid Waste Generated During Construction and Demolition. Section 12.23. Self Haulers. Section 12.24. Violations. Article VI. Collecting and Loading Recyclable Materials. Section 12.25. Definitions. Section 12.26. General requirements. Section 12.27. Design standards. Section 12.28. Location. Article IX. Recycling for Large Events and Large Venue. Section 12.29 Definitions. Section 12.30 Purpose. Section 12.31 Application of Chapter to Large Events and Large Venues. Section 12.32 Waste Management Plan Requirements. Section 12.33 Review of Waste Management Plan. Section 12.34 Waste Management Compliance Reporting.. - 2 - Section 12.35 Actions by the City. Section 12.36 Penalty. Article I. In General. Section 12.1. Definitions. The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows: a. Agreement means the non-exclusive franchise agreement between City and Franchisee for collection, transfer, transportation, recycling, processing and disposal of commercial and industrial and/or solid waste, including all exhibits and attachments, and any amendments thereto. b."AB 341" shall mean Assembly Bill 341 from the 2011-2012 Regular Session of the California Legislature (Chapter 476, Statutes. 2011). c."AB 939" shall mean that state legislation commonly known as the California Integrated Waste Management Act (Chapter 1095, Statutes 1989, as amended) as codified in Public Resources Code section 40000, et seq. d."Bins" shall mean a container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards. e."Cart" means a plastic container provided by a Franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting - 3 - and dumping, having a capacity of under one hundred fifty (150) gallons. f. "City" means the City of Vernon. g."City Administrator" means the City Administrator of the City of Vernon or his/her duly authorized representative or designee. Unless otherwise directed by City Administrator, the Director of Health and Environmental Control shall be the City Administrator's designee. h. "Collect" or "Collection" or "Collecting" shall mean to take physical possession of, transport, and remove solid waste from a premises. i."Commercial premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. j. "Container" means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes. k. "Franchisee" means a person, persons, firm or corporation that has been issued a non-exclusive franchise by City to provide solid waste handling services related to solid waste generated within the City. 1."Harborage" means any condition which provides shelter, protection, or a breeding place for vectors, thus favoring their multiplication and continued existence. - 4 - m."Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code sections 25110.02, 25115 and 25117, or in the future amendments to or re -codifications of such statutes, or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seg.), all future amendments thereto, and all rules and regulations promulgated thereunder. n."Health Department" or "Department" means the City's Health and Environmental Control Department. o."Health officer" means the Director of Health and Environmental Control, or his duly authorized representative. The duties of Health Officer are those set forth in the Health and Safety Code of the State. Whenever a power is granted to or a duty imposed upon Health Officer in this article, the power may be exercised or the duty performed by a duly authorized representative of Health Officer, unless this article expressly provides otherwise. p."Liquid waste" means all those materials which are liquid or mostly liquid and which the generator no longer considers of sufficient value to retain, including but not limited to, sewage, industrial by-products, waste water, and the cleanings from septic tanks, cesspools, chemical toilets, sewage seepage pits, sewage clarifiers, sumps and from similar sewage interceptors. q. "Liquid waste pumping vehicle" means any vehicle used in whole or in part for the transportation of liquid waste. - 5 - r. "Large residential premises" means all premises with five (5) or more dwelling units. s. "Offal vehicle" means any vehicle used in whole or in part for the transportation of offal, tankage, blood, feathers, bones, hides, pelts and similar animal, fish or fowl by-products. t. "Person" shall mean any individual, firm, association, organization, partnership, corporation, group or other entity. u. "Premises" shall mean any land, building and/or structure within the City limits where solid waste is generated or accumulated. v. "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become 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 used in the marketplace. w."Recyclable material" or "Recyclables" means that solid waste capable of being recycled, including but not limited to Green Waste, glass, newsprint, newspaper, aluminum, cardboard certain plastics or metal. x. "Rendering materials" mean carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and other animal, fowl,.or fish by- products. y. "Rendering plant" means an establishment where one or more rendering materials are cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer, or animal feed. A rendering plant shall - 6 - not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor any similar process in connection with, and incidental to, a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption. z. "Residential premises" shall mean all premises upon which dwelling units exist. aa. "Rodent" means rats, mice, and other rodents which may serve as hosts of diseases communicable to man, or which, by their filthy characteristics, are offensive to man. bb. "Rolloff box" means solid waste collection containers of ten (10) cubic yards or larger, including compactors. cc. "Self hauler" means any person or entity that, pursuant to section 12.23 of this chapter, provides for the collection, transportation and disposal of solid waste generated by his/her/its own premises. dd. "Solid waste" shall mean and include all solid waste as defined in Public Resources Code section 40191, as it may be amended from time to time. Solid waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein. ee. "Special wastes" shall mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal waste, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which requires special handling. - 7 - ff. "Vector" includes rodents, fleas, flies, bedbugs, cockroaches, lice, mosquitoes, ticks, or other vermin which could transmit pathogens. gg. "Yard Waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions. Section 12.2. Public nuisance. In addition to any other legal remedy, whether civil or criminal, a violation of the provision of this chapter is a public nuisance and may be enjoined and abated as such. Article II. Offal Vehicles Section 12.3. Offal vehicles. Offal vehicles, truck beds, tanks, barrels, and other containers used for transporting offal and other renderings intended for a rendering plant shall be (1) made of durable materials, (2) water -tight, (3) constructed so that the rendering materials transported cannot fall, drip, seep, drain, or splash from the conveyance during transportation, (4) covered during transport or storage of rendering materials, (5) constructed in such a manner as to permit thorough cleaning, and (6) thoroughly cleaned each time following delivery a load of rendering materials to a rendering plant. Any metal joints and seams shall be welded. Offal vehicles shall be maintained in good repair and in a sanitary condition. All offal vehicles shall be well painted and shall have the permittee's name or firm name, telephone number, and street address in legible letters not less than three inches in height with a 3/8-inch stroke on both sides of the vehicle or other conveyance so as to be visible when in use. - 8 - Article III. Rendering Plants. Section 12.4. Sanitation of premises. The premises of all rendering plants shall be cleaned at least once each day by scraping, brushing, or washing paved areas where required, and all such areas shall be kept free of refuse, trash, or accumulated rendering materials. Section 12.5. Sanitation of rendering plant equipment. All cooking equipment, barrels, bins, presses, conveyors, grinders, hogs, tanks, and other equipment which is used to convey, hold, or process rendering materials shall be thoroughly cleaned at least weekly. All other equipment shall be cleaned as often as necessary to maintain it in a sanitary condition and to prevent a nuisance from odors. Section 12.6. Floors, paved areas, and drains of rendering plants. Rendering plant floors, rendering material storage areas, processed material storage areas, truck washing areas, drive -ways, and truck parking and maneuvering areas shall be constructed of concrete or other hard paving material impervious to water. All such paved areas shall be sloped to drains which are connected to an approved clarifier which, in turn, is connected to the sewer. Drains in uncovered areas and those drains which may receive excessive runoff of flood waters during rainstorms shall be connected to the clarifier through an approved rain -diversion valve. Liquid waste runoff from rendering plant paved areas shall be contained on the plant premises by the use of curbing, slopes, troughs, driveway entrance drains or other methods which will effectively prevent such liquid waste from running onto public sidewalks, streets, or other public or private property. - 9 - Section 12.7. Rendering material storage area. All rendering materials shall be delivered to and stored only in a designated rendering material storage area. The rendering material storage area shall be paved, curbed, and sloped or roughed to prevent liquid waste from the rendering materials seeping or flowing to surrounding areas. Section 12.8. Rendering material storage time limitation. All rendering materials shall be processed within a forty-eight hour period after arrival at the rendering plant. If, for any reason, any rendering materials cannot be processed within the foregoing time limitation, the rendering plant operator shall notify the Vernon health department. The Health Department, after investigating the reasons for delay, may permit the rendering materials to be stored for additional time or may direct the rendering plant operator to dispose of all such material until such time as the rendering plant can again properly process rendering materials within the designated storage time period. Until such time as the rendering plant is again placed in normal operation and the health department has approved the resumption of rendering material deliveries, all rendering material deliveries to the rendering plant shall be immediately discontinued and no future rendering material deliveries shall be made. Any rendering materials remaining on site beyond the forty-eight hour time limitation with the approval of the health department shall be treated with a suitable chemical which will retard decay and mask odor emanating from such material. Section 12.9. Rendering plant equipment breakdown. If a delay in the normal processing of rendering materials is due to a major breakdown of equipment and such delay may be in excess of - 10 - seventy-two hours, all cookers shall be immediately emptied and all existing rendering materials, both raw and partially cooked, shall be removed from the rendering plant property and shall be disposed of by legal means. All rendering material deliveries to the rendering plant shall be immediately discontinued and no future rendering material deliveries shall be made until such time as the rendering plant is again placed in normal operation and the health department has approved the resumption of rendering material deliveries. Section 12.10. Vector control. All rendering plants shall continually maintain an effective vector control program within the plant and on the premises. Such control program shall include (1) a thorough inspection of the plant and premises at least once each week to detect vector activity and (2) use of rodenticides, insecticides, and other effective means to eliminate vectors and to prevent vector harborage. Section 12.11. Bird control. All rendering plants shall continually maintain an effective bird control program. Such control program shall prevent bird access to raw or processed rendering materials, and eliminate bird nesting and roosting sites. Article IV. Liquid Waste Pumping Vehicles. Section 12.12. Vehicle construction and maintenance. Liquid waste pumping vehicles shall comply with the following specifications: (a) All bodies and tanks shall be constructed of metal. All joints and seams shall be welded and the tank shall be leakproof. (b) All valves, couplings, hoses, and other appurtenances used to transfer material to and from the vehicle storage tank shall be so constructed, maintained, and stored as to preclude any dripping, draining, spilling, or splashing of pumped material during transfer or while the truck is traveling between places of collection and place of transfer or disposal. (c) Each vehicle shall have the permittee's name or firm name, telephone number, and street address in legible letters not less than three inches in height with a 3/8-inch stroke on both sides of the vehicle so as to be visible when in use. (d) Each vehicle shall be kept clean, sanitary, well painted, and in good repair at all times. Section 12.13. Dumping prohibited. No person operating or in charge of a liquid waste pumping vehicle shall pump, transfer, discharge, deposit, drain, or place any liquid waste from said vehicle directly or indirectly onto the surface of the ground or into any storm drain channel, natural or artificial drain, watercourse, gutter, river or tributary within the City of Vernon or into any public or private sewer, sump, tank, or clarifier in the City of Vernon without the proper permits. Industrial by-products transported in liquid waste pumping vehicles may be transferred to receiving tanks at rendering plants, oil refineries, reprocessors, and similar industrial establishments. Section 12.14. Registration required. All liquid waste pumping vehicles pumping or removing material from a location in the City of Vernon or delivering pumped material to a location in the City of Vernon shall comply with the provisions of sections 117405 to 117450 of the California Health and Safety Code and - 12 - shall register and obtain a permit from the health officer. Said registration shall be in addition to any other registration, permit, or license required by the City of Vernon or other governmental entity. The Health Officer shall register any liquid waste pumping vehicle which complies with the provisions of this article and shall issue a permit. A permit decal or plate shall be affixed in a conspicuous place on the rear of the vehicle or tank. If the Health Officer cancels or revokes the Health Department registration for such vehicle pursuant to section 117445 of the California Health and Safety Code, the permit decal or plate shall be removed or effaced. Section 12.15. Records required. Each operator of a liquid waste pumping vehicle in the City of Vernon shall maintain accurate records giving the date and listing each and every one of the premises by name and address where a septic tank, cesspool, sewage seepage pit, clarifier, chemical toilet, sump, or other receptacle was cleaned or pumped by said operator or its employees or others on its behalf, and said records shall also describe in precise terms the date and place where the cleanings or material were disposed and by whom. These records, or an exact copy, shall be furnished the Health Officer on demand (section 117435, California Health and Safety Code). Said record shall be maintained by each operator for at least one year. Article V. Collection of Solid Waste. Section 12.16. Authority to Grant Non -Exclusive Franchises. The City Council may, by resolution, grant one or more franchise(s) for solid waste handling services related to solid waste generated within the City. Any grant of a franchise by the City Council may be subject to such terms, conditions, rules, regulations, .restrictions, and - 13 - limitations as the City Council deems necessary to protect the public health, safety, or welfare. Section 12.17. Subscription to Collection Service or Self -Hauling. a. Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the City shall either (i) subscribe to solid waste collection services with a Franchisee for said premises; or (ii) register as a self -hauler and obtain a self -hauler permit as set forth in this chapter in connection with said premises. b. Exception; Vacant Premises. The above requirement to arrange for solid waste collection services shall not apply in connection with any residential premises at which all dwelling units are vacant, or commercial premises that are vacant, for a period of forty-five (45) days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Administrator is hereby authorized to develop, demonstrating vacancy of the premises for the period in question. Section 12.18. Public Nuisance. a. It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the city for which arrangements have not been made and kept in full force and effect for solid waste collection services in a manner consistent with the provisions - 14 - hereof. b. The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances. It is unlawful to throw, place scatter, allow to accumulate or bury an garbage, waste, combustible or noncombustible rubbish, or contaminated dirt, in, upon or below the surface of any premises, highway, public street, public place, or catch basin in the city or on the premises of another. Section 12.19. Containers. a. Every owner, occupant or person in possession, charge or control of any premises within the city shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either (i) provided by, or acceptable to, a franchisee; or (ii) approved by City Administrator for self -hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste. b. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service prior to 6:00 p.m. on the evening preceding the normal collection time, and all containers so placed shall be removed - 15 - from the street or right-of-way within twelve (12) hours after collection. C. Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers shall be utilized. d. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions: 1. The owner, property manager or person in charge or control of a premises upon which multiple dwellings exists may arrange for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises. 2. The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste collection services at a common location, subject to approval of the City Administrator, which approval may be delegated to a Franchisee. Approval by the City Administrator shall be based upon (i) the type of solid waste generated by each commercial premises; and (ii) the number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety. =W-M e f 0 It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such containers for other uses; or to intentionally damage or deface such containers. All containers used for the collection of solid waste at residential premises shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the premises does not allow for obscuring containers from public view, containers shall be stored in an area at the point furthest from the closest street or roadway. In all instances, a sufficient number of containers shall be provided to accommodate the volume of solid waste generated on the premises. Section 12.20. Frequency of Collection. a. Residential Premises With the exception of vacant premises meeting the provisions of section 12.17(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the City shall remove or cause to be removed by subscription to services provided by a Franchisee all solid waste stored, generated, collected or accumulated on such premises. Such services for residential premises shall be provided solely by a Franchisee with an exclusive franchise, and if no exclusive franchise has been issued, then such service shall be provided by the same party that provides solid waste collection services to residential parcels iU� owned by the City or by another franchised hauler approved by the City, which approval shall not be unreasonably withheld. b. Commercial Premises. with the exception of vacant premises meeting the provisions of section 12.17(b) above, not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the City shall remove by self -hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all solid waste stored, generated, collected or accumulated on such premises. C. Modifications to Collection Frequency. The City Administrator may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. The City Administrator may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule and/or that additional or larger containers shall be utilized. Section 12.21. unlawful and Prohibited Acts. a. It is unlawful for any person other than a Franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, within the City. This prohibition shall not, however, apply to: 1. A person that obtains a self -hauler permit in accordance with this chapter; 2. the owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid waste collections services from a Franchisee, when such owner, tenant or occupant is collecting materials generated at his/her own premises for delivery to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a Franchisee, to collect solid waste from one's own premises; 3. the collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the collection of such materials; 4. the collection of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected by a third party hired for the primary purpose of collecting said materials; 5. any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non -monetary - 19 - consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation; 6. the collection, transportation or disposal of solid waste by City employees in the course and scope of their employment with the City; 7. containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, California Public Resources Code Section 14500, et seq.; 8. by products of sewage treatment, including sludge, sludge ash, grit, and screenings; 9. residue or non-processible waste from a facility with a solid waste facility permit granted by CalRecycle, including waste transfer material recovery, composting, and transformation facilities; and 10. the Collection, transportation, or disposal of Hazardous Waste; Universal Waste; E-Waste; biohazardous waste; untreated medical waste; infectious waste; animal waste (including carcases, dead animals and/or parts or portions of dead animals, but and excluding manure); used cooking fats, oils, grease and similar waste; or other materials which do not constitute Solid Waste. b. It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a - 20 - franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises. C. No person shall place solid waste adjacent to a street or public right-of-way for collection by a Franchisee without having first subscribed for solid waste collection services with such Franchisee. d. No person shall burn or process any solid waste within the City, except in an approved incinerator, digestor or other device for which a permit has been issued by the building official and fire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations. e. It is unlawful for any person, other than a Franchisee, to take, remove or appropriate for his/her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a Franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container. Section 12.22. Use of Containers for solid Waste Generated During Construction and Demolition. Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste collection service with the use of containers from a Franchisee, be registered to self haul such solid waste in the manner set forth herein, or make arrangements pursuant to section 12.40(a)(3). In addition to constituting a violation of this chapter, the failure to produce evidence of compliance with this section upon the request of a City building inspector, code enforcement officer or other City officer shall constitute a basis for the City Administrator to order that all work cease until compliance with this section occurs. Section 12.23. Self Haulers. a. Self haulers holding a self -hauler permit and operating in accordance with this chapter are only permitted to collect, transport and dispose of solid waste generated by and upon the self hauler's own premises. Under no circumstances may a self hauler collect, transport or dispose of solid waste generated upon premises that are not owned, operated or controlled by the self hauler. Notwithstanding any other provision of this chapter, self haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business. b. Permit. All self haulers shall subscribe to the following requirements: 1. Each self hauler shall obtain a permit from the City Administrator. Self haulers must renew their permit at the commencement of each fiscal year. Initial applications for a permit following the adoption of these regulations, for the 2014-2015 fiscal year, must be submitted to the City Administrator on or before January 30, 2015. 2. The application fora self -hauler permit, whether upon initial application or renewal, shall include the - 22 - following: (i) a list of all bins, carts, rolloff boxes and other containers to be used by the self hauler; (ii) a list of all transportation and disposal equipment to be used by the self hauler; (iii) a written explanation of where all solid waste will be delivered for disposal and diversion; (v) a written plan explaining to the reasonable satisfaction of the City Administrator how not less than fifty percent (50%) of solid waste collected will be diverted from disposal in compliance with AB 939 or other higher diversion requirements as may be imposed by applicable laws; and (vi) any other information deemed necessary by the City Administrator to ensure protection of public health, safety and sanitary needs. 3. Applications to renew a self -hauler permit shall additionally include: (i) receipts from self -hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) of all solid waste collected from its premises from landfills in a manner that complies with the requirements of AB 939 and any other higher requirements as may be imposed by applicable laws; and (ii) receipts from self -hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Administrator. - 23 - 4. The City Administrator shall approve the application for a self -hauler permit if it meets the requirements of this section, and if the equipment, containers, diversion plan and disposal plan are to his/her reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty -percent (50%) diversion requirement, or such other diversion requirements as may be imposed by applicable laws, and otherwise complied with all laws related to collection, transportation and disposal of solid waste. C. Containers. Each self hauler shall provide its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self hauler must conform to industry standards for solid waste disposal and must be approved by the City Administrator in writing prior to issuance of a self - hauler permit. In addition, any containers utilized by a self hauler shall comply with the following requirements: 1. All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Administrator. 2. All containers shall be maintained in a sealed, watertight condition; 3. Self haulers shall remove any graffiti that appears on containers within twenty-four (24) hours after becoming aware of it. d. Collection and Transport Equipment. Collection and transport equipment, including but not limited to transport trucks and - 24 - e f. N vehicles, utilized by a self hauler must be approved by the City Administrator in writing prior to issuance of a self -hauler permit, and must be appropriate for their intended purpose. Non -Commercial Venture. It is the intent of this chapter to prevent and proscribe self -hauling activities undertaken as a commercial enterprise. Self haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. Stated otherwise, a self hauler may not pay a solid waste enterprise an amount that exceeds fair market value for equipment, and then claim to receive collection, transportation and disposal services at no cost from such solid waste enterprise. A self hauler may utilize its own employees to undertake self -hauling activities, but under no circumstance may a self hauler utilize an independent contractor or any other person or entity for solid waste collection services (other than a franchisee). Other recycling Obligations. Self haulers shall recycle all recyclable materials not otherwise addressed by this section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by state law. Collection Frequency. Unless otherwise specifically provided in this chapter, self haulers shall remove solid waste from their premises at least once per week. However, upon application to the City for a self -hauler permit, the City Administrator may determine a different frequency for solid waste collection, transport and disposal from the self hauler's premises. This - 25 - determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self hauler as demonstrated by information in the application. h. Hazardous and Special Wastes. Unless lawfully and currently licensed under state, federal and local laws, no self hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes. i. Revocation. The City Administrator may immediately and temporarily suspend a self -hauler permit if the permittee: (i) fails to divert at least fifty percent (50%), or other higher diversion requirements as may be imposed by applicable laws, of all solid waste collected from its premises from landfills in a manner that complies with the requirements of AB 939, AB 341 and all other applicable laws; (ii) fails to deliver solid waste collected from its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Administrator, or (iii) fails to comply with any section in this code or other applicable law regarding the collection, hauling, transportation, or disposal of solid waste. Upon issuance of the temporary suspension, the City Administrator shall give the self -hauler written notice of the following (aa) the permit has been temporarily suspended and no self -hauling is permitted pursuant to suspended permit; (bb) a brief statement of the grounds for the suspension; (cc) on a date and time certain, which date shall be at least 5 calendar days after the date of the issuance of the notice, the City Administrator shall determine whether the permit should be revoked - 26 - or reinstated; and (iv) the self -hauler has the right to submit information to the City Administrator before that date to attempt to demonstrate that the suspension was in error and the permit should be reinstated. Section 12.24. Violations A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of section 12.21 (hereinafter "unauthorized container(s)") may be impounded as set forth herein. 1. The City Administrator may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to owner of - 27 - the unauthorized container once said owners identity is ascertained by the City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder. 2. If within twenty-four hours after a notice to remove is posted on an unauthorized container a request for an appeal has not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Administrator may direct the removal and storage of the unauthorized container. In addition, if the contents of the container is either comprised of a substantial amount of putrescible solid waste, or determined by the City Administrator to create a threat to health and safety if not disposed of immediately, the City Administrator may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal, including any administrative costs incurred by the City. All amounts due to the City for the cost of removal, storage and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts. 3 0 Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the unauthorized container may request a hearing to appeal the City's determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Administrator shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to city shall be forgiven and any amounts paid reimbursed. If the identity of the owner of an unauthorized container that has been removed by the City is known to the City Administrator, the City Administrator shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the unauthorized container is not claimed within ninety-five days after mailing of the notice to the owner, or ninety days after removal if the identity of the owner is unknown to the City Administrator, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the forgoing procedure related to abandonment will apply. 14 - 29 - B. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Administrator, consistent with Section 1.8 of the municipal code. C. Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. D. Attorneys' Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs other such expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the person found to have violated any provisions of this chapter. Article VI. Collecting and Loading Recyclable Materials. Section 12.25. Definitions. The following definitions shall apply to the provisions of this article: (a) Development project means any of the following: (1) A project involving development for which a building permit will be required for a commercial, industrial, or institutional building, or residential building having five or more living units, where solid waste is collected and loaded and any residential project involving development where solid waste is collected and loaded in a location servicing five or more units. - 30 - (2) Any new public facility where solid waste will be collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste. (b) Development means the construction or addition of new building square footage which exceeds 25,000 square feet or the price of which exceeds ten percent (10t) of the current assessed value for the subject parcel. All calculations shall be based on gross square footage of new buildings or of additions to existing buildings. (c) Recycling areas mean space allocated for collecting and loading of recyclable materials. Section 12.26. General requirements. Any development project for which an application for a building permit is submitted on or after September 1, 1994, shall include an adequate, accessible, and convenient recycling area. Section 12.27. Design standards. Recycling areas shall be adequate in capacity, number, and distribution to serve the development project. (a) Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the development project is to be located. (b) An adequate number of bins or containers to allow for the collection and loading of each kind of recyclable material generated by the development project shall be maintained. (c) The design and construction of recycling areas shall be compatible with surrounding land uses. (d) Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing - 31 - authorized persons access for collection and loading of materials. (e) Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable. (f) A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted and maintained adjacent to all points of access to the recycling areas. Section 12.28. Location. (a) A recycling area shall not be placed in any location which is required by local law or regulation to be maintained unencumbered or unoccupied in accordance with fire regulations, applicable building codes, and/or public safety laws. (b) A recycling area shall be located so that it is at least as convenient as the location(s) where solid waste is collected and loaded. Whenever feasible, a recycling area shall be adjacent to such trash collection area. (c) Driveways or travel aisles shall provide unobstructed access for personnel and for vehicles collecting and loading recyclable materials and shall provide at least the minimum clearance required by the collection methods and vehicles utilized for other solid waste. Article VII. Recycling for Large Events and Large Venue. Section 12.29 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: - 32 - a. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for a permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter. b. "Large event" means any large event that charges an admission price or for which an applicant seeks temporary or periodic use or occupancy in or on a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by more than 250 persons, including workers, per day of operation. C. "Large venue" means a facility that annually seats or serves an average of more than 250 individuals per day of operation, including workers, such as, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located within the City and any other facility or place that is a "venue facility" for purposes of Public Resources Code section 42648. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. d. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting items that would otherwise be disposed of in a landfill. - 33 - e. "Waste management plan" means a plan for reducing and managing solid waste, submitted to the City Administrator or his/her designee for review in compliance with this chapter. Section 12.30 Purpose. The City Council declares that the purpose of this chapter is to reduce solid waste from large events and large venues by requiring those who operate large events and large venues to develop and implement waste management plans to reduce solid waste placed in landfills and to report diversion and recycling to the City. The following large events and large venues are subject to the requirements of this chapter: a. All events charging an admission price or for which an applicant seeks temporary or periodic use or occupancy of a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by or anticipated to be attended by an average of more than 250 individuals per day of operation. b. All venues that annually seat or serve an average of more than 250 individuals per day of operation, including but not limited to convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located with the City. Section 12.31 Anvlication of Chanter to Larae Events and Larae Venues. Large events and large venues shall meet the requirements of and shall comply with all provisions of this chapter. Section 12.32 Waste Management Plan Requirements. a. All large event applicants shall develop and submit to the City a waste management plan for reducing and recycling solid - 34 - waste as part of the application for a permit. The waste management plan shall include the following information: 1. An estimate of the anticipated amount and type of solid waste generated and material disposed and diverted from the event. 2. Proposed actions to reduce, reuse and recycle the amount of solid waste generated from the event. 3. Arrangements for the separation, collection and diversion from landfills of reusable and recyclable materials. b. All large venues shall develop and submit to the. City a waste management plan on an annual basis on or before January 1 of each year. The waste management plan shall include the following: 1. An estimate of the amount and type of solid waste generated and material disposed and diverted from the venue. 2. The existing solid waste reduction, reuse and recycling programs that the operator of the large venue utilizes. C. All large event applicants and large venue operators shall, on or before July 1, 2015, and on or before July 1, biennially thereafter, meet with recyclers and solid waste service providers of the large event or large venue to determine the appropriate solid waste reduction programs to meet the requirements of this chapter. Section 12.33 Review of waste Management Plan. a. Time for Review. A waste management plan shall be approved or rejected no later than 20 business days after a complete - 35 - application is made for a large event and or a waste management plan is submitted for a large venue. b. Approval. The City Administrator or his/her designee may approve the plan subject to conditions reasonably necessary to meet the standards of this chapter and may consult with the City's solid waste hauler concerning the viability of the waste management plan and compliance by large events and large venues with diversion requirements: C. Rejection. Tf the City Administrator or his/her designee rejects the waste management plan, the grounds for rejection shall be clearly stated in writing. Section 12.34 Waste Management Compliance Reporting. Within 30 days of receiving a written request for information from the City, the large event or large venue operator shall provide a written report to the City Administrator or his/her designee containing the following documentation: a. A listing of solid waste reduction, reuse, recycling and diversion programs implemented for the event or venue. b. The type and weight of materials diverted and disposed at the event or venue. Section 12.35 Actions by the City. a. When issuing a permit to an operator of a large event or large venue, the City shall provide information to the operator that can be implemented to reduce, reuse and recycle solid waste materials generated at the event or venue and provide contact information about where solid waste materials may be donated, recycled or composted. This information may include, but is not limited to, providing information - 36 - directing the operator of the large event or large venue to the CalRecycle website or any other appropriate website. b. As part of the City's annual report submitted pursuant to Public Resources Code section 41821 to CalRecycle, City shall include an estimate and description of the top 10%s of its large events and large venues based upon the amount of solid waste generated at such events and venues as submitted by operators of large events and large venues. To the extent that the information is readily available to the City, the information shall include the name, location and a brief description of the event or venue, a brief description of the types of solid waste generated, types and estimated amount of materials disposed and diverted by weight, and existing solid waste reduction, reuse and recycling programs that the operator of the large event or large venue utilizes to reduce, reuse and recycle the solid waste. C. The City may charge and collect a fee from an operator of a large event or large venue in an amount to be established by resolution of the City Council to recover the City's estimated costs incurred in complying with this chapter. Section 12.36 Penalty. In addition to any other available penalties and/or remedies, any event or venue identified under this chapter as a large event or large venue not complying with the waste management plan approved by the City Administrator or his/her designee may be subject to solid waste audits by the City or its designated representatives or contractors at the expense of the operator of the large event or large venue. Based on such audits, the City may require additional processing of solid waste - 37 - generated by the event or venue, at an additional cost to the operator, to meet the diversion goals of the City. SECTION 3: Repeal. Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 6: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 4th day of November, 2014. ATTEST: City Clerk / Deputy City Clerk Name: Title: Mayor / Mayor Pro-Tem - 39 - STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1226 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, October 21, 2014, and thereafter adopted at a meeting of said City Council held on Tuesday, November 4, 2014, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2014, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) AGREEMENT BY AND BETWEEN CITY OF VERNON AND [INSERT HAULER NAME) FOR NONEXCLUSIVE FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION EFFECTIVE ,2015 TABLE OF CONTENTS Page SECTION1. RECITALS...........................................................................................7 SECTION2. DEFINITIONS......................................................................................................7 2.1 AB 341..................................................................................................................7 2.2 AB 939..................................................................................................................7 2.3 Affiliate.................................................................................................................7 2.4 Animal Waste........................................................................................................8 2.5 Applicable Laws...................................................................................................8 2.6 Billings..................................................................................................................8 2.7 Bins....................................................................................................................... 8 2.8 Cart. ....................................................................................................................... 8 2.9 City Administrator................................................................................................8 2.10 City Limits............................................................................................................ 8 2.11 Collect/Collection.................................................................................................8 2.12 Commercial Premises...........................................................................................9 2.13 Construction and Demolition Debris....................................................................9 2.14 Container...............................................................................................................9 2.15 Customer...............................................................................................................9 2.16 Environmental Laws............................................................................................. 9 2.17 Franchise Area......................................................................................................9 2.18 Franchise Fee........................................................................................................9 2.19 Franchisee...........................................................................................................10 2.20 Gross Receipts....................................................................................................10 2.21 Hazardous Substance..........................................................................................10 2.22 Hazardous Waste................................................................................................10 2.23 Large Residential Premises...............................................................................101 2.24 Person..................................................................................................................11 2.25 Premises..............................................................................................................11 2.26 Recyclable Material............................................................................................11 2.27 Residential Premises...........................................................................................11 2.28 Rolloff Box.........................................................................................................11 2.29 Solid Waste.........................................................................................................11 2.30 Solid Waste Handling Services...........................................................................11 2.31 Special Wastes....................................................................................................11 2.32 Temporary Service..............................................................................................12 2.33 Transformation....................................................................................................12 SECTION 3. GRANT OF NONEXCLUSIVE FRANCHISE FOR SOLID WASTE HANDLING SERVICES FROM COMMERCIAL PREMISES AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING SERVICE............................................................................................................12 3.1 Scope of Franchise..............................................................................................12 3.1:1 General Grant..........................................................................................12 3.1.2 Limitations on Scope of Franchise.........................................................12 -i- Page 3.1.3 Matters Excluded from Scope of Franchise............................................12 3.1.4 City's Right to Designate Solid Waste Facility .....................................124 SECTION 4. ACCEPTANCE; WAIVER................................................................................14 SECTION5. TERM.................................................................................................................14 SECTION 6. CONDITIONS TO EFFECTIVENESS OF AGREEMENT..............................14 6.1 Accuracy of Representation................................................................................14 6.2 Furnishing of Insurance and Bond or Letter of Credit........................................15 6.3 Effectiveness of City Council Action.................................................................15 6.4 Payment of Fees and Costs..............................................................I..................15 SECTION 7. SOLID WASTE HANDLING SERVICES PROVIDED BY FRANCHISEE....................................................................................................15 7.1 General................................................................................................................15 7.1.1 Equipment...............................................................................................15 7.1.2 Performance Standards...........................................................................15 7.1.3 Noise and Disruption..............................................................................15 7.1.4 Replacement of Containers.....................................................................15 7.1.5 Franchisee's Containers...........................................................................15 7.1.6 Missed Pick-ups ......................................................................................16 7.1.7 Record of Non-collection........................................................................16 7.1.8 Health Permit..........................................................................................17 7.2 Solid Waste Handling Services...........................................................................17 7.2.1 Bins and Rolloff Boxes...........................................................................17 7.2.2 Carts........................................................................................................17 7.2.3 Recycling Services..................................................................................17 7.3 Temporary Services............................................................................................18 7.4 Recycling Obligations and Public Education Program.......................................18 7.4.1 Minimum Requirements for Recyclable Materials and Rolloff Boxes.......................................................................................................18 7.4.2 Extent of Applicable Franchise Rights...................................................18 7.4.3 AB 939 Obligations, Guarantee, and Indemnification ............................19 7.4.4 Waste Generation/Characterization Studies...........................................20 7.4.5 Implementation of Additional Diversion Services.................................20 7.5 Additional Services.............................................................................................21 7.5.1 Monitoring and Cleaning of Bin Enclosures..........................................21 7.5.2 Handling of Electronic Waste.................................................................21 7.6 Special Services..................................................................................................21 SECTION 8. MINIMUM STANDARDS FOR FRANCHISEE'S SOLID WASTE HANDLING SERVICE COLLECTION VEHICLES.......................................21 8.1 General................................................................................................................21 8.2 Air Quality/Fuel Requirements...........................................................................21 8.3 Specific Requirements........................................................................................22 Page 8.4 Costs of Operation and Damages........................................................................23 8.5 City Inspection....................................................................................................23 SECTION 9. FRANCHISEE'S SOLID WASTE HANDLING SERVICE PERSONNEL....................................................................... 9.1 Training and Legal Compliance ............................................ 9.2 Customer Service.................................................................. 9.2.1 Office Hours.............................................................. 9.2.2 Telephone Customer Service Requirements ............. 9.2.3 Complaint Documentation ........................................ 9.2.4 Government Liaison .................................................. 9.3 Education and Public Awareness .......................................... 9.3.1 General...................................................................... 9.3.2 Written Program Materials ....................................... 9.3.3 Public Outreach......................................................... 9.3.4 On -going Education Requirements ........................... ............................ 24 ............................ 24 ............................ 24 ............................ 24 ............................ 24 ............................ 24 ............................ 24 ............................25 SECTION 10. FRANCHISEE'S CONSIDERATION...............................................................25 10.1 Franchise Fee......................................................................................................25 10.2 Franchise Fee Review.........................................................................................25 SECTION 11. CHARGE FOR LATE PAYMENTS..................................................................25 SECTION 12. FRANCHISEE'S BILLING SERVICES AND SYSTEMS...............................26 12.1 Billing.................................................................................................................26 12.2 Payment, Accounting Systems............................................................................26 SECTION 13. FAITHFUL PERFORMANCE...........................................................................26 13.1 Surety ..................................................................................................................26 13.1.1 Forfeiture of Surety.................................................................................26 13.1.2 Use of Surety by City ..............................................................................26 13.2 Replacement Letter of Credit..............................................................................27 SECTION 14. INSURANCE COVERAGE...............................................................................27 14.1 Minimum Scope of Insurance.............................................................................27 14.2 Minimum Limits of Insurance............................................................................27 14.2.1 Comprehensive General Liability ...........................................................27 14.2.2 Automobile Liability...............................................................................27 14.2.3 Workers' Compensation and Employers Liability ..................................27 14.2.4 Environmental Pollution Control Insurance........................................278 14.3 Deductibles and Self -Insured Retentions............................................................28 14.4 Other Insurance Provisions.................................................................................28 14.4.1 General Liability and Automobile Liability Coverage ...........................28 14.4.2 Workers' Compensation and Employers Liability Coverage..................28 14.4.3 All Coverages..........................................................................................28 14.5 Acceptability of Insurers.....................................................................................28 Page 14.6 Verification of Coverage.....................................................................................29 14.7 Loss or Reduction in Insurance ...........................................................................29 SECTION 15. ASSIGNMENT, SUBLETTING, AND TRANSFER; REQUIREMENTS AND LIMITATIONS.........................................................29 15.1 Assignment.........................................................................................................29 SECTION 16. REVIEW OF SERVICES AND PERFORMANCE...........................................29 16.1 Performance Hearing..........................................................................................29 SECTION 17. CITY'S REMEDIES; DEFAULT AND TERMINATION................................30 17.1 Notice of Default.................................................................................................30 17.2 Failure to Cure....................................................................................................30 17.3 Review by City Administrator............................................................................30 17.4 City Council Review...........................................................................................30 17.5 Termination without Right to Cure.....................................................................30 SECTION 18. FRANCHISEE'S REMEDIES; ADMINISTRATIVE HEARING.....................32 18.1 Administrative Hearing.......................................................................................32 18.2 Other Remedies; Claims.....................................................................................32 18.3 Actions for Damages...........................................................................................32 SECTION 19. CITY'S ADDITIONAL REMEDIES.................................................................32 SECTION 20. RIGHTS OF CITY TO PERFORM DURING EMERGENCY .........................33 20.1 Provision of Service............................................................................................33 20.2 Possession of Equipment....................................................................................33 20.3 Exclusions from Right to Possession of Equipment without Compensation.....................................................................................................33 SECTION 21, REPORTS AND ADVERSE INFORMATION.................................................33 21.1 Quarterly Reports................................................................................................34 21.2 Annual Reports................................................................................................... 34 SECTION 22. INDEMNIFICATION.........................................................................................35 22.1 General................................................................................................................35 22.2 Hazardous Substances Indemnification..............................................................35 SECTION 23. FRANCHISEE'S BOOKS AND RECORDS; AUDITS....................................36 23.1 Maintenance and Inspection of Records.............................................................36 23.2 CERCLA Defense Records.................................................................................37 23.3 Ongoing Compliance Review.............................................................................37 23.4 Discretionary Audits...........................................................................................37 SECTION 24. RULES AND REGULATIONS OF CITY ADMINISTRATOR .......................37 SECTION 25. GENERAL PROVISIONS.................................................................................37 -iv- Page 25.1 Force Majeure .....................................................................................................37 25.2 Independent Contractor.......................................................................................38 25.3 Property Damage................................................................................................38 25.4 Right of Entry.....................................................................................................38 25.5 Law to Govern; Venue........................................................................................38 25.6 Amendment.........................................................................................................38 25.7 Notices................................................................................................................39 25.8 Savings Clause....................................................................................................39 25.9 Attorneys' Fees and Litigation Costs..................................................................39 25.10 City's Authorized Agent......................................................................................39 25.11 Franchisee's Authorized Agent...........................................................................39 25.12 Waiver.................................................................................................................40 25.13 Entire Agreement................................................................................................40 25.14 Headings.............................................................................................................40 25.15 Reference to Laws...............................................................................................40 25.16 Compliance with Law.........................................................................................40 -v- AGREEMENT This Nonexclusive Franchise Agreement ("Agreement") is entered into to be effective as of the 1 st day of 2015, by and between the City of Vernon, a California charter City and California municipal corporation ("City") and jMR RT NAME -,I OF FRANCHISEE], ("Franchisee") (collectively, the "Parties") to provide for commercial solid waste handling services within the City. RECITALS: A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all solid waste within their jurisdictions. B. Pursuant to California Public Resources Code Section 40059(a), the City Council of the City has determined that entering into a nonexclusive franchise for commercial Solid Waste Handlings Services within the City limits is in the best interest of City to comply with AB 939 while at the same time fostering competition. C. City and Franchisee are mindful of the provisions of the laws governing the safe collection, transport, recycling, and disposal of Solid Waste, including AB 939, AB 341, the Resource Conservation and Recovery Act ("RCRA"), and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"). City and Franchisee desire to leave no doubts as to their respective roles, and to memorialize that by entering into this Agreement, City is not thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, and that it is Franchisee, not City, who is "arranging for" the collection, transport for disposal, composting, and recycling of municipal Solid Waste in the City which may contain hazardous substances. City and Franchisee understand and agree that it is Franchisee, and not City, who will arrange to collect Solid Waste, that City has not, and, by this Agreement does not, instruct Franchisee on its collection methods, nor supervise the collection process, nor do the Parties intend to place title to such Solid Waste in City, but rather intend that whatever, if any, title in and to such Solid Waste that otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Franchisee, and further that if Franchisee gains title to such Solid Waste it is by operation of law and agreement with its Customers and is not the result of this Agreement. By entering this Agreement City and Franchisee further desire to confirm that Franchisee has agreed to indemnify the City in connection with any claims relating to the inadvertent or intentional collection, transportation and/or disposal of hazardous materials that may occur in connection with Franchisee's performance under this Agreement. D. Franchisee has agreed, as part of this Agreement, to provide such services as are necessary or desirable to ensure City complies with the requirements of AB 939, AB 341 and Public Resources Code Section 40000, et se . 10 COVENANTS: Based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the Parties, City and Franchisee hereby agree as follows: SECTION 1. RECITALS The Parties acknowledge the above recitals are true and correct and incorporate them herein as if they were fully restated. SECTION 2. DEFINITIONS Whenever any term used in this Agreement has been defined by the California Public Resources Code or Chapter 12 of the City's Municipal Code, the definition of such term set forth therein shall apply unless the term is otherwise defined in this Agreement. 2.1 AB 341 "AB 341" shall mean Assembly Bill 341 from the 2011-2012 Regular Session of the California Legislature (Chapter 476, Statutes 2011). 2.2 AB 939 "AB 939" shall mean that state legislation commonly known as the California Integrated Waste Management Act (Chapter 1095, Statutes 1989, as amended), as codified in California Public Resources Code Section 40000 et sea. 2.3 Affiliate "Affiliate" means a business in which Franchisee owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Franchisee and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Franchisee. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. -7- 2.4 Animal Waste "Animal Waste" shall mean animal carcasses, dead animals, and/or parts or portions of dead animals. Animal Waste shall not include manure. 2.5 Annlicable Laws "Applicable Laws" shall mean all federal, state, county, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over an aspect of this Agreement that are in force on the effective date, and as may be enacted, issued or amended thereafter, including without limitation City's Municipal Code, AB 939 and AB 341. 2.6 Billings "Billings" or "Billing" or "Bill" means the statements of charges provided to Customers for services rendered by Franchisee pursuant to the terms of this Agreement. 2.7 Bins "Bins" shall mean a Container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards. 2.8 Cart "Cart" means a plastic container provided by Franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping, having a capacity of under one hundred fifty (150) gallons. 2.9 City Administrator "City Administrator" shall mean the City Administrator of the City of Vernon or his/her duly authorized representative or designee. Unless otherwise directed by the City Administrator, the Director of Health and Environmental Control shall be the City Administrator's designee. 2.10 City Limits "City Limits" shall mean the territorial boundaries of the City together with all amendments and changes thereto, which boundaries are depicted on maps, incorporated herein by reference. 2.11 Collect/Collection "Collect" or "Collection" shall mean to take physical possession of, transport, and remove Solid Waste from a Premises. -8- 2.12 Commercial Premises "Commercial Premises" means Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. 2.13 Construction and Demolition Debris "Construction and Demolition Debris" means Solid Waste generated, produced, or discarded in connection with construction, demolition, landscaping, land clearing, or general clean-up activities within the City, including, but not limited to, concrete, plaster, drywall, green waste, wood, wood scraps, metals, dirt, rock and rubble, without regard to whether such materials are recycled. 2.14 Container "Container" means any and all types of Solid Waste receptacles, including Carts and Bins, and Rolloff Boxes. 2.15 Customer "Customer" or "Customers" shall mean any person receiving Solid Waste Collection services from Franchisee within the Franchise Area. 2.16 Environmental Laws "Environmental Laws" means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; and the Federal Clean Water Act, 33 USC §1251 et sea.. 2.17 Franchise Area "Franchise Area" shall mean all Premises within the City Limits, including Premises which may be annexed and thereby added to the City limits following the effective date. 2.18 Franchise Fee "Franchise Fee" shall mean the franchise fee set forth and more fully defined in Section 10 hereof. In 2.19 Franchisee "Franchisee" shall mean [INSERT NAME OF FRANCHISEE], the entity granted the nonexclusive franchise pursuant to this Agreement, or any party permitted pursuant to the terms hereof permitted to become the successor or assignee thereof. 2.20 Gross Receipts "Gross Receipts" shall mean and include all monies, fees, charges, consideration, and revenue received by or imputed to Franchisee and any Affiliate, in connection with, arising from, or in any way attributable to the Solid Waste Handling Services carried out by or on behalf of Franchisee pursuant to this Agreement. Gross Receipts includes, without limitation, monthly or quarterly Customer charges that are received by Franchisee for Collection of Solid Waste, without subtracting Franchise Fees, fees imposed and collected pursuant to this Agreement, sums collected in connection with Temporary Services, charges imposed and collected related to disposal and processing of Solid Waste, and transportation charges. Gross Receipts does not include revenue from the collection or sale of Recyclable Material, Green Waste, food waste, and other material which is diverted from disposal. Gross receipts includes any compensation for Solid Waste Collection in which the material is delivered for Transformation. 2.21 Hazardous Substance "Hazardous Substance" shall mean any of the following: (a) any substances defined, regulated or listed as "Hazardous Substances," "hazardous materials," "Hazardous Wastes," "toxic waste," "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et se . (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §5101, et sea.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seg.; (iv) the Clean Water Act, 33 USC §1251 et sea.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7401 et seq.; and (vii) California Water Code §13050; and (b) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local laws or regulations, including any of the Environmental Laws, currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products. 2.22 Hazardous Waste "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seg.), all future amendments thereto, and all rules and regulations promulgated thereunder. -10- 2.23 Large Residential Premises "Large Residential Premises" means residential premises with five or more dwelling units. 2.24 Person "Person" shall mean any individual, firm, association, organization, partnership, corporation, group or other entity. 2.25 Premises "Premises" shall mean any land, building, and/or structure within the City limits where Solid Waste is generated or accumulated. 2.26 Recyclable Material "Recyclable Material" or "Recyclables" shall mean that Solid Waste capable of being recycled, including but not limited to Green Waste, glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal. 2.27 Residential Premises "Residential Premises" shall mean all premises upon which Dwelling Units exist. 2.28 Rolloff Box "Rolloff Box" means Solid Waste Collection Containers of ten (10) cubic yards or larger, including compactors. 2.29 Solid Waste "Solid Waste" shall mean and include all solid waste as defined in Public Resources Code section 40191, as it may be amended from time to time. Solid Waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein. 2.30 Solid Waste Handline Services "Solid Waste Handling Services" means the Collection, transfer, transport, recycling, processing, and disposal of Solid Waste for Premises within the City. 2.31 Special Wastes "Special Wastes" shall mean wastes other than Solid Waste including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, Hazardous Waste, Animal Waste, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling. -11- 2.32 Temporary Service "Temporary Service" shall mean Solid Waste Handling Services provided by Franchisee on an as -needed and temporary basis to any Premises within the City in conjunction with construction, demolition, cleanup or other projects, and by use of temporarily placed Bins or Rolloff Boxes. 2.33 Transformation "Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. "Transformation" does not include composting. SECTION 3. GRANT OF NONEXCLUSIVE FRANCHISE FOR SOLID WASTE HANDLING SERVICES FROM COMMERCIAL PREMISES AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING SERVICE 3.1 Scope of Franchise 3.1.1 General Grant. City hereby grants to Franchisee and Franchisee hereby accepts from City, for the Term, the nonexclusive contract, right, and privilege to Collect, transport, and dispose of Solid Waste generated or accumulated within the Franchise Area. The rights granted pertain to: (1) Solid Waste Handling Services occurring on a regular schedule (such as weekly service) at Commercial Premises and Large Residential Premises, and (2) Temporary Services, including the collection of Construction and Demolition Debris, at any Premises in the City. The nonexclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Franchisee by this Agreement shall be interpreted to be consistent with all applicable state and federal laws. In the event that future interpretations of current law or future enactments limit the ability of City to lawfully grant Franchisee the scope of services as specifically set forth, Franchisee agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Franchisee as a result thereof. 3.1.2 Limitations on Scope of Franchise. This Franchise Agreement shall be nonexclusive, and no provision hereof shall be deemed to require City to grant similar franchises to one or to any particular number of franchisees, nor to restrict or prohibit City from doing so. 3.1.3 Matters Excluded from Scone of Franchise Notwithstanding any other contrary provisions set forth in this Agreement, the nonexclusive franchise granted herein shall exclude the Collection, transportation, recycling, and disposal of: -12- (A) any Solid Waste otherwise within the scope of this Agreement which is transported by a Self Hauler as that term is used in the City's Municipal Code, or any other City ordinance, resolution, regulation or policy; (B) the sale or donation of Recyclable Material by the person or entity that generated such Recyclable Material (the "Generator") to any person or entity other than Franchisee; provided, however, to the extent permitted by law, if the Generator is required to pay monetary or non -monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Material to any person or entity other than Franchisee, the fact that the Generator receives a reduction or discount in price (or in other terms of the consideration the Generator is required to pay) shall not be considered a sale or donation; (C) any Solid Waste otherwise within the scope of this Agreement which is Collected or transported to a disposal or recycling facility by City employees in the course and scope of their employment with City; (D) the Collection, transportation, or disposal of Hazardous Waste; Universal Waste; E-Waste; biohazardons waste; untreated medical waste; infectious waste; Animal Waste; used cooking fats, oils, grease and similar waste; or other materials which do not constitute Solid Waste; (E) the Collection, transportation, and disposal of Construction and Demolition Debris by a contractor, handyman, repairman, or other similar service provider, using its own equipment, as an incidental part of the services provided to its Customers, rather than as a hauling service, provided that such waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials; (F) the Collection, transportation, and disposal of green waste and related Solid Waste by a gardener, or landscaper, as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service provided that such Solid Waste is not collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials; and (G) Solid Waste Handling Services provided by any Person having a legal right to continue doing so, as long as and to the extent such legal right continues to exist; except that to the degree any territory in which Franchisee has a franchise granted by another governmental entity is annexed into City during the Term, Franchisee agrees the provisions of this Agreement shall apply to such territory and further acknowledges that this Agreement constitutes any notice required by the Public Resources Code in connection therewith. (H) By products of sewage treatment, including sludge, sludge ash, grit and screenings. -13- (I) Residue or non-processible waste from a facility with a solid waste facility permit granted by CalRecycle, including waste transfer material recovery, composting, and Transformation facilities. 3.1.4 City's Right to Designate Solid Waste Facility The City reserves the right to direct or prohibit the Franchisee to deliver solid waste to any waste processing facility, waste transfer station, or disposal facility designated by the City. Franchisee agrees to comply with any written directions by the City to use, or refrain from using, any particular waste processing facility, waste transfer station, or disposal facility. SECTION 4. ACCEPTANCE; WAIVER Franchisee agrees to be bound by and comply with all the requirements of this Agreement. Franchisee waives Franchisee's right to challenge the terms of this Agreement under federal, state, or local law, or administrative regulation. Franchisee waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 5. TERM The term of this Agreement (the "Term") shall be for five (5) years. The Term shall end at midnight on December 31, 2019, unless this Agreement is terminated sooner pursuant to Section 17, or otherwise. The Term shall be automatically extended on January 1, 2020, and on January 1 of each subsequent year for a total of five (5) one (1) year extensions, unless the City has provided written notice to Franchisee to terminate the automatic extensions on or by December 31st date immediately preceding the automatic renewal date (i.e. at least one year before). While it is the present intent of the City Council to permit the Agreement to automatically renew so that the Term is extended, the decision to terminate the automatic extensions shall be subject to the City Council's sole, absolute and unfettered discretion. SECTION 6. CONDITIONS TO EFFECTIVENESS OF AGREEMENT The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement, and a condition of Franchisee's continued right to the benefits conveyed herein: 6.1 Accuracy of Representation All representations and warranties made by Franchisee and set forth in this Agreement shall be accurate, true, and correct on and as of the Effective Date of this Agreement. -14- 6.2 Furnishing of Insurance and Bond or Letter of Credit Franchisee shall have furnished evidence of the insurance and Surety required by Sections 13 and 14 hereof, and shall comply with all ongoing requirements relating thereto. 6.3 Effectiveness of City Council Action The City Council's Ordinance approving this Agreement shall have become effective pursuant to California law. 6.4 Payment of Fees and Costs Franchisee shall have made payment to City of all fees, costs and other payments due as more fully set forth in Section 10. SECTION 7. SOLID WASTE HANDLING SERVICES PROVIDED BY FRANCHISEE 7.1 General 7.1.1 Equipment Franchisee shall furnish all labor, supervision, materials, supplies, and equipment necessary to provide for all services required by the terms of this Agreement. 7.1.2 Performance Standards Franchisee shall perform Solid Waste Handling Services as required hereunder in a workmanlike manner consistent with good housekeeping standards and all relevant provisions of Applicable Laws. 7.1.3 Noise and Disruption Franchisee shall perform Solid Waste Handling Services in such a manner as to minimize noise and other disruptive impacts including, without limitation, those upon traffic. Franchisee shall use its best efforts to coordinate its Collection schedules such that street sweeping on any given street shall occur the business day following Collection of Solid Waste by Franchisee. 7.1.4 Replacement of Containers Franchisee shall replace all Containers in the location upon the property of each Customer designated for storage thereof, and shall secure gates, doors, and/or enclosures when applicable. 7.1.5 Franchisee's Containers (A) Franchisee shall maintain Containers in good repair, and any question as to the meaning of this standard shall be resolved by the City Administrator. By way of -15- example, and not limitation, seams in the container interior shall be ground to a finish which will prevent the accumulation of organic matter. Wheels, forklift slots, and other appurtenances which were designed for the movement, loading or unloading of the container shall be maintained in good repair. (B) Franchisee shall deliver replacement Containers to each Customer at no additional charge. (C) All Containers Carts shall be maintained reasonably watertight condition so as to ensure all NPDES permit requirements are met. (D) Within twenty-four (24) hours after becoming aware of it (Sundays and holidays excepted), Franchisee shall repair and maintain, remove graffiti from, and replace lost, stolen or damaged Containers at no charge to Customers. Franchisee shall be entitled to charge Customers for the replacement of any Container that has been damaged by a Customer's willful neglect or abuse, ordinary wear and tear excepted. (E) Franchisee shall at Customer's request annually refurbish, replace, and steam clean as necessary all Bins and Rolloff Boxes at no charge to Customers. City may require the steam cleaning or replacement of Bins utilized at restaurants, bars and grocery stores/markets more frequently if it determines such action is needed to protect public health and safety. When requested or required, Franchisee shall provide a replacement Bin/Rolloff Box to Customers at no charge. (F) All Bins and Rolloff Boxes shall be kept painted in a uniform fashion and shall be identified with Franchisee's name and phone number in letters not less than three inches high with a 3/8 inch stroke on its exterior so as to be visible when the Container is placed for use. (G) At a Customer's request, Franchisee shall provide Bins with locking lids and locks. 7.1.6 Missed Pick-ups In case of a missed pick-up called in by a Customer, Franchisee shall Collect Solid Waste and Recyclable Material from such Customer no later than the next day of the pick-up week following the date of the call. Franchisee shall maintain records of the addresses of all missed pick-ups. The Customer service phone system required by Section 9.2.2 hereof is intended, among other things, to serve as a "hotline" for Customers to call in the event Solid Waste placed for Collection is not Collected by Franchisee and to facilitate having such Solid Waste Collected as soon as reasonably possible. 7.1.7 Record of Non -collection As more fully set forth herein, Franchisee shall Collect all Solid Waste placed for Collection by Customers in Containers, excepting materials that do not meet the definition of Solid Waste (such as hazardous materials) or which are commingled with such materials. Whenever Franchisee determines not to Collect any Solid Waste deposited for Collection, -16- Franchisee shall leave a tag at least 2" by 6" in size, indicating the reason for Franchisee's refusal to do so. This information may be either handwritten or left by means of a check system (i.e., checking off boxes on a preprinted form). The tag shall provide Franchisee's business name and local telephone number and shall be securely fastened to the Container or the article refused. Franchisee shall maintain a record of all such taggings at its place of business. Such record shall contain the date of such notice, street address, reason for non -collection, and a summary of any communications between Franchisee and the Customer involved. Such notice may be inspected by representatives of City upon request. 7.1.8 Health Permit Franchisee agrees to obtain annually a City of Vernon Health Permit and affix a City - issued permit verification plate, decal, or gummed sticker to each of its Collection Vehicles operating in the City. 7.2 Solid Waste Handling Services 7.2.1 Bins and Rolloff Boxes Franchisee shall provide all of its Customers with at least one Bin and/or Rolloff Box for Collection of mixed Solid Waste, and shall Collect all Solid Waste placed therein for Collection not less than once per week. Franchisee shall provide additional Containers and Collections to Customers upon request, or as may be required by City's Municipal Code, health and safety requirements, or by the City Administrator. Bins and Rolloff Boxes shall be Collected by Franchisee from the location upon each Customer's property designated for their storage, and replaced to that location with gates and/or doors secured, as applicable, after Collection is completed, unless different arrangements are agreed upon by the Customer and Franchisee. 7.2.2 Carts As an alternative to the requirements of Section 7.2.1 and upon written approval of the City Administrator, Franchisee shall offer Collection in refuse Carts to Customers that do not have space for, or do not generate enough waste to require the use of Bins for Collection. If Franchisee and Customer have a disagreement as to whether a refuse Cart is appropriate, or if City determines the Collection in a Refuse Cart causes health and safety or other concerns, the City Administrator shall make the final determination as to whether Collection in a refuse Cart may occur. 7.2.3 Recycling Services Franchisee shall offer and provide a recycling program (the "Recycling Program") that meets the standards required under AB 341 and enables the City to achieve the required diversion rates specified by Applicable Laws. Franchisee shall promptly notify the City if it has reason to suspect that the City will not be able to achieve the required diversion rates. Franchisee shall produce, keep current, and provide public information specifically outlining its Recycling Program, which shall specifically include the annual publication and distribution of a brochure describing this service to all applicable Customers in City. The City Administrator may require Franchisee to modify its Recycling Program as deemed appropriate to ensure City is -17- in compliance with all Applicable Laws. In such event the City Administrator may require the Franchisee to achieve state specified diversion rates, and failure to achieve such rates shall constitute a material breach of the franchise. In addition to any other minimum requirements of the Recycling Program, Franchisee shall, prior to landfilling, process all mixed waste from Bins or Rolloff Boxes to recover Recyclable Materials. Franchisee shall be required to achieve any minimum recovery rate for processing mixed waste which is required by CalRecycle or any Applicable Laws. 7.3 Temnorary Services Franchisee shall provide Temporary Services on an on call basis to any Customer requesting such service pursuant to the following conditions: (A) Temporarily placed three (3) cubic yard Bins may be used for small cleanup type projects; provided, however, Bins used for such purposes shall not remain at the same address for a period that exceeds four consecutive weeks. Bins used for Temporary Service shall not remain in any public rights -of -way for a period exceeding two consecutive weeks. Bins may not be placed in any public rights -of -way so as to create a safety hazard or so as to block any right-of-way to a degree that it is not reasonably usable. Bins placed in City's rights -of -way shall be subject to such requirements as may be imposed by City, and at a minimum shall be equipped with reflectors, reflective tape, reflective paint, or other reflective devises which, to the satisfaction of the City Administrator, make such Bins reasonably visible to vehicle traffic at night. (B) Franchisee shall work with Customers requesting Construction and Demolition Debris Collection services to ensure compliance with the City's ordinance regulating the recycling and disposal of construction and demolition waste. (C) Franchisee shall also make all reasonable efforts to recycle all construction and demolition waste it Collects, especially to the degree such loads contain clean inert materials. If applicable, Franchisee shall make available to Customers involved in construction separate containers within which to Collect different types of marketable materials, such as dirt, steel, concrete and wood. 7.4 Recycling Obligations and Public Education Program 7.4.1 Minimum Requirements for Recyclable Materials and Rolloff Boxes All Rolloff Boxes, whether for regular weekly service or Temporary Service shall be delivered to a properly permitted facility for recycling and reuse purposes. 7.4.2 Extent of Applicable Franchise Rigiits Nothing in this Agreement shall be construed as giving Franchisee the right to Collect Recyclable Material which has not been discarded and placed for Collection by Franchisee in the location designated for that purpose. -18- 7.4.3 AB 939 Obligations, Guarantee, and Indemnification 7.4.3.1 Warranties and Representations Franchisee warrants and represents that it is aware of and familiar with City's Source Reduction and Recycling Element (the "SRRE") and City's waste stream, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the diversion goals set forth in AB 939 and AB 341. Stated otherwise, Franchisee acknowledges that it is responsible for ensuring that its various programs achieve the diversion requirements. Franchisee specifically acknowledges that the City's current mandated diversion goal as set forth pursuant to the Applicable Laws is 50%, and that this is subject to possible modification pursuant to the provisions of AB 341. 7.4.3.2 Mutual Cooperation. City and Franchisee shall reasonably cooperate in good faith with all efforts by each other to meet City's diversion and other compliance requirements imposed by AB 939, AB 341 and other Applicable Laws. In this regard, City's obligations shall include, without limitation, making such petitions and applications as may be reasonably requested by Franchisee for time extensions in meeting diversion goals, or other exceptions from the terms of AB 939, AB 341 and Applicable Laws. 7.4.3.3 Waste Reduction and Program Implementation Franchisee shall implement the programs identified in the SRRE of the City's General Plan immediately upon the Effective Date. Franchisee shall provide City with monthly, quarterly and annual written reports in a form adequate to meet City's AB 939 and AB 341 related filing and reporting requirements to CalRecycle and to the County of Los Angeles. . 7.4.3.4 Guarantee and Indemnification Franchisee warrants and guaranties that it will carry out its obligations under this Agreement such that, with respect to the Customers it services under this Agreement: (i) both it and City will at all times be in compliance with the requirements of all Applicable Laws including specifically AB 939 and AB 341, and (ii) City will meet or exceed the diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in AB 939, AB 341. In this regard, Franchisee agrees that it will, in addition to any other requirement contained herein, at its sole cost and expense: (A) to the extent legally permitted, defend, with counsel approved by City, indemnify, and hold harmless City against all fines and/or penalties and liabilities imposed by CalRecycle or any other regulatory agency if: (1) Franchisee fails or refuses to timely provide information relating to its operations pursuant to this Agreement or any Applicable Laws and such failure or refusal prevents City from submitting timely reports as required by Applicable Laws; or (2) the source reduction and recycling goals, diversion goals, program implementation requirements, or any other requirements of -19- Applicable Laws are not met with respect to the waste stream Collected under this Agreement; (B) assist City in responding to inquiries from CalRecycle; (C) assist City in preparing for, and participating in, any review of City's SRRE pursuant to Applicable Laws; (D) assist City in applying for any extension, including under Public Resources Code Section 41820; (E) assist City in any hearing conducted by CalRecycle relating to City's compliance with Applicable Laws; (F) assist City with the development of and implement a public awareness and education program that is consistent with the City's SRRE and requirements of Applicable Laws; (G) provide City with recycling, source reduction, and other technical assistance related to compliance with Applicable Laws; (H) defend, with counsel acceptable to City, City and City's officials, employees, and agents against the imposition of fines and/or penalties, or liabilities, issued by CalRecycle pursuant to AB 939; and (I) be responsible for and pay, any fees, penalties or other costs imposed against the City by CalRecycle, and indemnify and hold harmless City from and against any fines, penalties, or other liabilities, levied against it for violation of AB 939's diversion requirements, or any Applicable Laws, arising from or related to Franchisee's performance of its obligations under this Agreement. 7.4.4 Waste Generation/Characterization Studies City must perform Solid Waste generation and disposal characterization studies periodically to comply with the requirements of AB 939. Franchisee agrees to participate and cooperate with City and its agents to accomplish studies and data collection and prepare reports, to determine weights and volumes of Solid Waste Collected and characterize Solid Waste generated, disposed, transformed, diverted or otherwise handled/processed to satisfy the requirements of AB 939. 7.4.5 Implementation of Additional Diversion Services In the event City does not meet the current diversion goal of 50% imposed by AB 939, or other Applicable Laws, City may direct Franchisee to perform additional services (including the implementation of new diversion programs) or modify the manner in which it performs existing services. Pilot programs and innovative services which may entail new Collection methods, and use of new or alternative waste processing and disposal technologies are included among the kinds of changes which City may direct. 6►dlII 7.5 Additional Services Franchisee shall provide the following additional services at no charge, unless otherwise specified below. Franchisee shall not adjust its rates to Customers to offset costs incurred in providing any of the following services: 7.5.1 Monitoring and Cleanin¢ of Bin Enclosures Franchisee shall work with the City Administrator in identifying and resolving continual problems with overflowing Bins or Bin enclosures, and/or other unsanitary conditions caused by Customers. Franchisee shall clean out any overflowing Bins or Bin enclosures within City within twenty-four (24) hours of notification by City. Franchisee may reasonably bill Customers for any such services when they are required by City. 7.5.2 Handling of Electronic Waste Franchisee shall Collect electronic waste, or "e-waste," and/or universal waste, from any Customer in the manner set forth herein, but shall handle and dispose of such materials in accordance with all Applicable Laws. 7.6 Special Services Franchisee may provide special pickup procedures or services in addition to the services described herein for Customers who request or require such services at reasonable rates established by Franchisee. Franchisee shall notify the City Administrator of any such services prior to such time as they are provided in order to allow the City an opportunity to conduct necessary inspections and impose appropriate regulations. SECTION 8. MINIMUM STANDARDS FOR FRANCHISEE'S SOLID WASTE HANDLING SERVICE COLLECTION VEHICLES 8.1 General Franchisee shall provide vehicles for the Collection of Solid Waste ("Collection Vehicles") that are sufficient in number and capacity to perform the work required by this Agreement Franchisee shall have available on Collection days sufficient back-up vehicles for each type of Collection Vehicle used to respond to complaints and emergencies. Upon or prior to the Effective Date of this Agreement and prior to the start of any extension period of this Agreement pursuant to Section 5, Franchisee shall provide City with a report containing the information required under South Coast Air Quality Management District's Rule 1193(d)(7). 8.2 Air Ouality/Fuel Requirements Franchisee's Collection Vehicles shall comply with all rules and regulations of the South Coast Air Quality Management District, the Air Resource Board, and any other federal, state and local laws and regulations that may be enacted during the Term. -21- 8.3 Specific Requirements Each Collection Vehicle shall meet the following minimum standards: (A) Each Collection Vehicle shall be registered with the California Department of Motor Vehicles. (B) Franchisee shall inspect regularly each Collection Vehicle to ensure compliance with the California Vehicle Code and the California Highway Patrol. Franchisee shall provide copies of its Biannual Inspection of Terminal ("BIT") inspection reports to City within 30 days of its receipt of such reports and shall make all records related to its vehicles available to City upon request. (C) Each Collection Vehicle shall be continuously maintained to: (1) meet the highest industry standards to prevent liquid from leaking and to ensure each Collection Vehicle is "watertight" and "leak -proof' and, (2) at all times complies with the provisions of all Applicable Laws. All bodies and tanks shall be constructed of metal. All joints and seems shall be welded and the tank shall be leakproof. Franchisee shall be responsible to promptly clean any spillage or Solid Waste that leaks or otherwise escapes the vehicle. (D) Each Collection Vehicle shall be cleaned and painted regularly if so that such vehicles do not become unsightly, as determined by the City Administrator. (E) Franchisee's name, local or toll free telephone number, street address, and a vehicle number shall be visibly printed or painted in letters not less than three (3) inches in height with a 3/8 inch stroke on both sides of each Collection Vehicle. Any other information or signage printed, painted, or displayed on Franchisee's Collection Vehicles, when such Vehicles are providing Collection services within City Limits, shall be subject to approval by City. (F) Each Collection Vehicle shall be maintained in a clean and sanitary condition both inside and out. (G) Each Collection Vehicle shall carry a broom, shovel, and operable fire extinguisher, and shall be equipped with a communication device to allow the driver to communicate directly with Franchisee's dispatcher and/or main office. (H) Each Collection Vehicle shall be kept in good repair and working order, and shall be equipped with appropriate safety equipment, including any new safety related technologies that become standard in the waste industry (I) Franchisee shall inspect each Collection Vehicle to ensure that all equipment is operating properly. Collection Vehicles which are not operating properly shall be removed from service until repaired and operating properly. Franchisee shall keep accurate records of all Collection Vehicle maintenance and repair, and shall make such records available to City upon request. _22_ (J) No Collection Vehicle shall be utilized if it is leaking brake, hydraulic, or other fluids, and Franchisee shall clean up any leaks or spills from their vehicles per the NPDES permit in effect at the time. No fluids shall be washed into storm drains at any time. All NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be equipped with absorbent for such cleanup efforts. (K) Upon request, Franchisee shall furnish City a written inventory of all equipment, including Collection Vehicles, used in providing service pursuant to this Agreement. This inventory shall list all equipment by manufacturer, ID number, date of acquisition, type and capacity. (L) Franchisee shall utilize Collection Vehicles of a size, weight, nature, and type so as to not be unreasonably intrusive on the community with respect to noise, emissions, maneuverability, safety, and other factors to avoid or minimize pavement damage and wear and tear of the street or adjacent properties, as approved by the City Administrator. (M) Franchisee shall not load Collection Vehicles in excess of the manufacturer's recommendations or limitations imposed by Applicable Laws. 8.4 Costs of Operation and Damaees Franchisee shall be responsible for any costs incurred in connection with ensuring all Collection Vehicles comply with all Applicable Laws, including without limitation any such laws that may be adopted relating to noise, fuels, emission standards, or weight limits. 8.5 City Inspection City may cause or require any Collection Vehicle used in performance of this Agreement to be inspected and tested at any time and in such manner to determine that the vehicle is being maintained in compliance with the provisions of this Agreement. SECTION 9. FRANCHISEE'S SOLID WASTE HANDLING SERVICE PERSONNEL 9.1 Training and Legal Compliance Franchisee shall provide operating and safety training that meets minimum OSHA standards for all personnel, and shall comply with all Applicable Laws. 9.2 Customer Service 9.2.1 Office Hours Franchisee shall maintain a local office that at a minimum will be open from 8:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturday, holidays excepted ("Office Hours") with at least one qualified representative to communicate with the public -23- regarding Billings, complaints, customer service inquiries, etc. A similarly qualified person shall be available by phone during any times other than Office Hours when Collection is occurring. 9.2.2 Telephone Customer Service Requirements Franchisee shall maintain a local or toll free telephone number at all times during Office Hours. Franchisee shall provide City with a 24-hour emergency number to a live person, not voice -mail. 9.2.3 Complaint Documentation All service complaints shall be directed to Franchisee. Franchisee shall log all complaints received with date and time the complaint was received, the name, address and telephone number of the complaining party, a description of the complaint, the name of the employee recording the complaint and the action taken by Franchisee to respond to and remedy the complaint. All complaints shall be initially responded to within one (1) business day (Monday through Friday) of receipt. Logs of complaints shall be retained for a minimum of twenty-four (24) months and must be made available to City upon request. Franchisee shall provide to City on a monthly, quarterly, and annual basis, a complaint log. 9.2.4 Government Liaison Franchisee shall designate in writing a "Government Liaison" who shall be responsible for working with City and/or City's designated representative(s) to resolve Customer complaints. 9.3 Education and Public Awareness 9.3.1 General Franchisee acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve the requirements of AB 939 and AB 341. Accordingly, Franchisee agrees to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and recycle Solid Waste and to cooperate fully with City in this regard. 9.3.2 Written Program Materials Franchisee shall make available information to reduce, reuse and recycle Solid Waste. . 9.3.3 Public Outreach Franchisee shall promote recycling through presentations and educational materials to the Chamber of Commerce, construction contractors and other similar groups. -24- 9.3.4 On -going Education Requirement — Corrective Action Notice Franchisee shall have available a corrective action notification form for use in instances where a Customer sets out inappropriate materials for Collection that explains the appropriate manner for disposal of such items. SECTION 10. FRANCHISEE'S CONSIDERATION 10.1 Franchise Fee Franchisee shall pay to City, a franchise fee equal to 10 percent (10%) of Franchisee's Gross Receipts, or portion thereof, during the entire Term (the "Franchise Fee"). Said Franchise Fee shall be paid to City in four (4) quarterly payments, due on or before the last day of the month following after the end of each calendar quarter (i.e., on or before April 30, July 31, October 31, and January 31). Should any such due date fall on a day the City's business offices are closed, payment shall be due on the first day thereafter in which the City's business offices are open. The amount of each payment shall be equal to ten percent (10%) of Franchisee's Gross Receipts in the preceding calendar quarter. Franchise Fees shall be accompanied by a statement certified by an officer of Franchisee attesting to the accuracy of the amounts paid, and setting forth the basis for their calculation in a manner acceptable to City. 10.2 Franchise Fee Review The Franchise Fee rate will be reviewed by City on an ongoing basis, but not more often than annually, and if deemed necessary by City may be reduced or increased by approval of a resolution of the City Council. City shall provide Franchisee with ninety (90) days advance written notice of any fee adjustment before taking effect. SECTION 11. CHARGE FOR LATE PAYMENTS If any Franchise Fee payment or other payment provided for in this Agreement (whether reimbursements, payments of funds collected in connection with billing services, or otherwise) is not received by the City, as set forth in Section 10 of this Agreement, Franchisee shall pay to the City a late payment fee in an amount equal to ten percent (10%) of the amount owing for that quarter. Franchisee shall pay an additional ten percent (10%) owing on any unpaid balance for each month following the initial thirty (30) day period the franchise fee remains unpaid. In no event shall the total late payment requirements exceed 60%. This amount is required in order to defray those additional expenses and costs incurred by City by reason of the delinquent payment. If a court of competent jurisdiction determines the late fees or other charges provided for herein exceed the limits permitted by Applicable Law, then: any such fees or charges shall be reduced by the amount necessary to reduce the fee or charge to the permitted limit. lKil SECTION 12. FRANCHISEE'S BILLING SERVICES AND SYSTEMS 12.1 Billing Franchisee shall provide services at rates it sets, charges to, and collects from Customers. Franchisee shall provide all Customers with itemized Bills. Franchisee's Bills shall not include separate itemization of a "Franchise Fee" or other similar designation relating to fees which Franchisee is required to pay to City. Franchisee shall reproduce and include in any Billing, at no additional cost, one page informational "inserts" provided by City. 12.2 Payment, Accounting Systems All payments received by Franchisee shall be appropriately credited to Customer accounts and segregated from Gross Receipts from other jurisdictions, deposited in a bank account and accounted for utilizing generally accepted accounting principles. SECTION 13. FAITHFUL PERFORMANCE 13.1 Swety As security for Franchisee's faithful performance of all obligations of this Agreement, Franchisee shall provide a surety mechanism (the "Surety") in the greater of the two following amounts: (a) Ten Thousand Dollars ($10,000); (b) two and a half times the required average quarterly franchise payment from the prior numbered calendar year. The Surety may be comprised of either a performance bond and/or an irrevocable letter of credit, in a form approved by the City Attorney. The cost of the Surety shall be the sole responsibility of Franchisee. The Surety shall be released within thirty (30) days after both (i) the expiration of the Term; and (ii) Franchisee's satisfactory performance of all obligations hereunder. 13.1.1 Forfeiture of Surety In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the Surety, as may be necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the Surety, Franchisee shall restore the Surety to its original amount within thirty (30) days of the City's notice to do so. Failure to restore the Surety to its full amount within thirty (30) days shall be a material breach of this Agreement. 13.1.2 Use of Surety by City Notwithstanding any provision hereof to the contrary, thirty (30) days following City providing Franchisee with written notice of its failure to pay City any amount owing under this Agreement, either the letter of credit or performance bond comprising the Surety may be utilized by City for purposes including, but not limited to: (1) Payment of sums due under the terms of this Agreement, including specifically liquidated damages; and (2) Reimbursement of City's costs to correct violations of this Agreement. -26- 13.2 Replacement Letter of Credit City may draw upon the entire letter of credit (if any) utilized to meet Franchisee's obligations pertaining to the Surety, and convert it to a cash deposit, if Franchisee fails to cause the letter of credit to be extended or replaced with another satisfactory letter of credit no later than sixty (60) days prior to its expiration. SECTION 14. INSURANCE COVERAGE Franchisee shall procure and maintain the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Franchisee's performance hereunder. The insurance requirements hereunder in no way limit Franchisee's various defense and indemnification obligations, or any other obligations as set forth herein. 14.1 Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 1001 covering Automobile Liability, code 1 "any auto". 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 14.2 Minimum Limits of Insurance Franchisee shall maintain in force for the Term limits no less than: 14.2.1 Comprehensive General Liability Five Million Dollars ($5,000,000.00) limit aggregate and Five Million Dollars ($5,000,000.00) limit per occurrence for bodily injury, personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 14.2.2 Automobile Liability Five Million Dollars ($5,000,000.00) limit aggregate and Five Million Dollars ($5,000,000.00) limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 14.2.3 Workers' Compensation and Employers Liability Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of One Million Dollars ($1,000,000.00) per accident. _27_ 14.2.4 Environmental Pollution Control Insurance Franchisee shall maintain either an endorsement to its general liability policy, or a separate policy of insurance covering environmental pollution and contamination that names the City as an additional insured. Said coverage shall be in the amount of not less than Five Million Dollars ($5,000,000) per occurrence, and Five Million Dollars ($5,000,000) in the aggregate. 14.3 Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by City. If, Franchisee does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self -insured retentions Franchisee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 14.4 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 14.4.1 General Liability and Automobile Liability Coverage City shall be named as additional insureds in connection with liability arising out of activities performed by or on behalf of Franchisee; Premises owned, leased or used by Franchisee; and vehicles owned, leased, hired or borrowed by Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to City. Franchisee's insurance coverage shall be the primary insurance for the City in connection with the above enumerated categories. Any insurance or self-insurance maintained by City shall be in excess of Franchisee's insurance and shall not contribute with it. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to City. Coverage shall state that Franchisee's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 14.4.2 Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City for losses arising from work performed by Franchisee for City. 14.4.3 All Coverages Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 14.5 Acceptability of Insurers The insurance policies required by this Section shall be issued by an insurance company or companies authorized.to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better, unless otherwise approved by the City Administrator. _28_ 14.6 Verification of Coverage Franchisee shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this Article. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements must be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.7 Loss or Reduction in Insurance In the event that Franchisee fails to retain or maintain insurance with the scope and amounts of coverage required hereunder, City shall have the right to either terminate this Agreement, or utilize funds from the Surety to obtain insurance coverage on behalf of Franchisee. SECTION 15. ASSIGNMENT, SUBLETTING, AND TRANSFER; REQUIREMENTS AND LIMITATIONS 15.1 Assignment Franchisee shall not assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement (collectively referred to as an "Assignment") to any other Person without the prior approval by the City Council. The City Council has unfettered discretion to approve or deny such an Assignment. Should the City consent to any Assignment request, such Assignment shall not take effect until all conditions relating to the City's approval have been met. SECTION 16. REVIEW OF SERVICES AND PERFORMANCE 16.1 Performance Hearing (A) Commencing in or about July 2017, and on a biennial basis thereafter, City may hold a hearing to review Franchisee's Solid Waste Collection efforts, source reduction, processing and other diversion services and overall performance under this Agreement (the "Solid Waste Services and Performance Review Hearing"). The purpose of the Solid Waste Services and Performance Review Hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, recycling, processing and disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and recycling and disposal system; and to ensure services are being provided by Franchisee with adequate quality, effectiveness and economy. If the number of Customer complaints regarding Franchisee's Solid Waste Collection are deemed by City to be excessive, City may also, at any time, with at least ninety (90) days advance notice, hold a Solid Waste Services and Performance Review Hearing. -29- SECTION 17. CITY'S REMEDIES; DEFAULT AND TERMINATION 17.1 Notice of Default If the City Administrator determines that Franchisee has defaulted in the performance of any obligation hereunder, or that Franchisee's performance has not been in conformity with reasonable industry standards obtained in similar cities in Southern California, the requirements of the City's Municipal Code, the requirements of CalRecycle, or any other Applicable Laws, the City Administrator may provide written notice to Franchisee of such default. The City Administrator may, in such written notice, set a reasonable time within which correction of such default shall be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the date such written notice is given. 17.2 Failure to Cure If Franchisee fails to cure default, to the satisfaction of the City Administrator, all deficiencies contained in the written notice thereof within the specified time, or if it, is not reasonably possible to correct such deficiencies within the specified time, and Franchisee fails to commence to correct or remedy such deficiencies within the specified time, then the City Administrator may refer the matter to the City Council for review, or review the matter himself. 17.3 Review by City Administrator If the City Administrator reviews the matter and determines that Franchisee has failed to properly or adequately cure any default set forth above, the City Administrator, in the exercise of his discretion, may terminate this Agreement, or take such other action as he deems appropriate to pursue any remedy available to City. A decision or order of the City Administrator shall be final and binding on Franchisee unless Franchisee files a "Notice of Appeal" with the City Clerk within five (5) business days of the date the notice of the City Administrator's decision is given. The City Administrator shall schedule any appeal for consideration by the City Council at the earliest feasible City Council Meeting following the date a Notice of Appeal is given to City. 17.4 City Council Review In the event an appeal of a decision of the City Administrator is filed, or if the City Administrator refers the matter to the City Council without rendering a decision, the City Council shall set the matter for consideration before the City Council as a regular agenda item. In reviewing the matter the City Council may consider any information reported by the City Administrator regarding the deficiencies, and shall give Franchisee, a reasonable opportunity to be heard. Upon review, the City Council may terminate the Agreement, or to pursue any other remedy available to City. 17.5 Termination without Right to Cure The above right of termination as a result of Franchisee's failure to timely cure any deficiency is in addition to City's right to terminate this Agreement without affording Franchisee an opportunity to cure in circumstances where Franchisee is determined by City to have -30- materially breached this Agreement. City shall thus be afforded the right to terminate this Agreement in the event of any material breach hereof by Franchisee without affording Franchisee the right to cure as a result of any action, inaction or circumstance which is a legally defined material breach, or is defined herein as a material breach, and/or under any of the following circumstances which are hereby specifically defined as material breaches: (A) If Franchisee practices, or attempts to practice, any fraud upon City (B) If Franchisee becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Franchisee in a bankruptcy proceeding. (C) If Franchisee willfully violates any orders or rulings of any regulatory body having jurisdiction over Franchisee relative to this Agreement. So long as City's rights are not prejudiced during the pendency of any challenge to such orders or rulings by Franchisee, Franchisee may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no material breach of this Agreement shall be deemed to have occurred until a final ruling has been rendered. (D) If Franchisee ceases to provide Solid Waste Handling Services, including Collection of Solid Waste and/or Recyclable Material, as required under this Agreement with respect to all or any of the Customers it services under this Agreement for a period of seven (7) days or more, for any reason not specified as a force majeure event hereunder. (E) If Franchisee fails to materially comply with any insurance or indemnification requirement set forth in this Agreement. (F) If City is required to pay any fine or penalty, which is not paid on its behalf by Franchisee or which Franchisee fails, refuses, neglects or is unable to pay or indemnify City against, relating to any diversion or other requirement of AB 939 and/or AB 341. (G) If Franchisee, or any management level employee of Franchisee is convicted of a Criminal Matter (as defined herein). For purposes of this Section the term Criminal Matter refers to any felony or misdemeanor offense having any relationship to either Solid Waste Handling Services or public corruption (including, without limitation, bribery, conflict of interest related allegations, vote selling, or any similar type charges). (H) If Franchisee submits quarterly payments to City, which are returned by the bank due to insufficient funds, on two (2) or more occasions in any consecutive 12 month period. -31- SECTION 18. FRANCHISEE'S REMEDIES; ADMINISTRATIVE HEARING 18.1 Administrative Hearing Should Franchisee contend that City is in breach of any aspect of this Agreement, it shall give notice to the City Administrator requesting an administrative hearing. The hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the parties, and shall be held before an impartial hearing officer to be determined by the City Administrator. The hearing officer shall make an advisory ruling on Franchisee's allegations, and suggest a remedy if a breach by City is determined to exist. The hearing officer's ruling and recommendations shall become final and binding if the parties so agree in writing within thirty (30) days of the date notice of the decision is given to both parties. Otherwise, the hearing officer's ruling shall have no further force or effect. 18.2 Other Remedies; Claims Franchisee shall be entitled to all available remedies in law or equity for City's breach of this Agreement; provided, however, Franchisee shall not file or otherwise commence any action against City, in law or equity, in any court, until after an administrative hearing as set forth above has been completed, and the above noted thirty (30) day period to accept the hearing officer's decision has passed, or either City or Franchisee has given timely written notice to the other that it will not accept the hearing officer's decision. 18.3 Actions for Damages As a prerequisite to the filing and maintenance of any action for damages by Franchisee against City arising out of this Agreement, Franchisee shall present a claim to City, as required by Government Code Section 910 et sea., within 30 days of the date of the occurrence giving rise to the claim for damages. SECTION 19. CITY'S ADDITIONAL REMEDIES In addition to any other remedies set forth herein, City shall be entitled to any or all of the following rights and remedies in the event of a breach of this Agreement by Franchisee: (A) The right to use Franchisee's equipment for the purpose of Collecting, transporting, and/or disposing of Solid Waste, including Recyclable Material, for a period not to exceed six (6) months. In the case of equipment not owned by Franchisee, Franchisee shall assign to City, to the extent Franchisee is permitted to do so under the instruments pursuant to which Franchisee possesses such equipment, the right to use and possess the equipment. If City exercises its rights under this Section, City shall pay to Franchisee the reasonable rental value of the equipment for the period of City's possession thereof (although payment may, if appropriate, occur in the form of a set off against damages otherwise owed by Franchisee pursuant to the terms hereof); -32- (B) The right to license others to perform the services otherwise to be performed by Franchisee hereunder, or to perform such services itself; and (C) The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach of this Agreement by Franchisee, City will suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to specifically enforce the provisions of this Agreement, and to enjoin the breach hereof. SECTION 20. RIGHTS OF CITY TO PERFORM DURING EMERGENCY 20.1 Provision of Service Should Franchisee, for any reason whatsoever, refuse or be unable to provide Solid Waste Handling Services for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste should accumulate in City to such an extent or in such a manner that the City Administrator finds that such accumulation endangers or menaces the public health, safety, or welfare, City shall have the right, upon twenty-four (24) hours prior written notice to Franchisee, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Franchisee previously used in providing Collection, transportation, and disposal of Solid Waste and provide, through its own forces or otherwise, Solid Waste Handling Services which Franchisee otherwise would be obligated to provide pursuant to this Agreement. Franchisee agrees that in such event it shall fully cooperate with City to affect such a transfer of possession for City's use. 20.2 Possession of Equipment Franchisee agrees, that in the event of circumstances described in Section 20.1 above, City may take temporary possession of and use all of said equipment and facilities without paying Franchisee any rental or other charge. Upon Franchisee giving City notice that it is able to resume its normal responsibilities under this Agreement City shall either relinquish possession of all of the above mentioned property to Franchisee. 20.3 Exclusions from Right to Possession of Equipment without Compensation Specifically excluded from the circumstances in which City may possess and utilize Franchisee's equipment without compensation are circumstances in which Franchisee fails or refuses to provide Solid Waste Handling Services hereunder for any reason which is not a force majeure event as defined herein. In such circumstances City's right to utilize and possess Franchisee's equipment shall be subject to the provisions of the above Section 19. SECTION 21. REPORTS AND ADVERSE INFORMATION City will require reporting at various intervals by which information important to City can be complied and analyzed. The frequency and content of the reports called out below may be changed by agreement of the parties; provided any such change is approved by the City D1911 Administrator in writing. Quarterly reports shall be submitted within thirty (30) calendar days after the end of the calendar quarter. 21.1 Quarterly Reports Franchisee shall report the following to City on a quarterly basis: (A) Solid Waste Collected by Franchisee within City Limits for each month, sorted by type of Solid Waste in tons broken down at a level acceptable to City segregated from tons collected from other jurisdictions (which at a minimum may include: refuse, a -waste and universal waste item counts, types of recyclables including PET, HDPE, mixed plastics, aluminum, cardboard, mixed paper, sand, wood, metal, and concrete), as well as by customer type (i.e., commercial, roll -off, etc.); the source of the waste, whether residential commercial, industrial, governmental or other; the facilities where all Solid Waste Collected was processed or disposed and in what tonnages and what categories. (B) Gross Receipts broken down by customer type (i.e., commercial, roll -off, etc.); and such other information or reports that the City may reasonably request. Franchisee shall promptly, upon demand by City, provide true and accurate copies of landfill tipping receipts, records showing delivery at processing or reuse facilities, and similar such documents in order to enable City to verify Franchisee's quarterly reports. 21.2 Annual Reports Upon the City's request, within 30 days of the end of each calendar year during the Term and within thirty (30) days after the end of the Term, Franchisee shall submit a written annual report in a form approved by City, which may include, but is not limited to, the following information: (A) A summary of the previous year's activities including, but not limited to, services begun or discontinued during the reporting year, and the number of Customers broken down on a monthly basis; (B) A summary of the total tons of Solid Waste Collected in City in the preceding year as well as a summary of the total tonnage diverted from the State's landfill systems during that time frame; (C) Information and reports required by City to meet its reporting obligations imposed by AB 939 and the regulations implementing AB 939, in a form and content approved by the City Administrator; (D) A revenue statement, certified by the chief financial officer of Franchisee, setting forth Franchise Fees paid and the basis for the calculation thereof, including specifically a breakdown of sources of revenue included in Gross Receipts and the amount of revenue derived from each such source comprising Gross Receipts; and -34- (E) A list of the number of Customers that received routine commercial service, the number of Customers that received Temporary Service, all categorized and listed by business type (if applicable), and type of Customer (i.e., commercial or Temporary Service). (F) All reports and records required under this or any other Section hereof SECTION 22. INDEMNIFICATION 22.1 General (A) Franchisee hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively the "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 arising out of, resulting from, and/or in any way connected with this Agreement including: (1) the negligence or willful misconduct of Franchisee in performing services under this Agreement; (2) the failure of Franchisee to comply with the provisions of this Agreement, all Applicable Laws, and/or ordinances and regulations; (3) the acts of Franchisee in performing services under this Agreement for which strict liability is imposed by law; and (4) any challenge to the award of, or any provisions of this Agreement (including any claim that the application of any provision hereof violates any provision of the California Constitution). The foregoing indemnity and hold harmless provisions shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of Indemnities' negligence, but shall not extend to matters resulting from Indemnities' sole negligence, or willful misconduct. Franchisee further agrees to and shall, upon demand of City, at Franchisee's sole cost and expense, defend (with attorneys acceptable to City) City against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse City for any and all costs and expenses City incurs in providing any such defense. 22.2 Hazardous Substances Indemnification (A) Without regard to any insurance coverage or requirements, and any general indemnification obligation, Franchisee specifically agrees to defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Franchisee that: -35- (1) results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or (2) relates to material Collected, transported, recycled, processed, treated or disposed of by Franchisee. (B) Franchisee's obligations pursuant to this Section shall apply, without limitation, to: (1) any Claims brought pursuant to or based on the provisions of applicable Environmental Laws; (2) any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation by Franchisee of any facility; (3) any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Franchisee; and (4) any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. (C) The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Franchisee. (D) The term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(o); any Hazardous Substance; any Hazardous Waste; any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product; and any asbestos or asbestos containing material. SECTION 23. FRANCHISEE'S BOOKS AND RECORDS; AUDITS 23.1 Maintenance and Inspection of Records Franchisee shall maintain all records relating to the services provided hereunder (the "Records"), for the full Term, and an additional period thereafter of not less than three (3) years, or any longer period required by law. City shall have the right, upon five (5) business days advance notice, to inspect the Records. Such Records shall be made available to City at Franchisee's regular place of business, but in no event outside the County of Los Angeles. -36- 23.2 CERCLA Defense Records Franchisee shall maintain data retention and preservation systems which can establish where Solid Waste Collected in the City was landfilled (and therefore establish where it was not landfilled) for not less than five (5) years following the termination of this Agreement, and agrees to notify City Administrator before destroying such records thereafter. At any time, including after the expiration of the Term, upon request by the City Administrator, Franchisee shall provide copies of such records to City. The requirements of this Section shall survive the expiration of the Term of this Agreement. 23.3 Ongoing Compliance Review City intends review Franchisee's performance on an ongoing basis to ensure compliance with the terms and provisions of this Agreement. Franchisee shall provide any and all information reasonably requested by the City Administrator in connection with its efforts to ensure compliance with the terms hereof, regardless of whether such information is specifically otherwise called out herein as an item that Franchisee is required to maintain and provide to City. 23.4 Discretionary Audit From time to time the City Administrator may request Franchisee to make available any or all of its records related to performance hereunder available to an independent auditor or examiner, to be selected by the City, for auditing and examination purposes (a "Discretionary Audit"). City shall bear the cost of any Discretionary Audit except as otherwise provided herein. Should any Discretionary Audit reveal an underpayment of any Franchise Fee required pursuant to this Agreement, the amount of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Franchisee by City, complete with any additional late charges as set forth herein. If a Discretionary Audit reveals inaccuracies or inconsistencies in more than five percent (5%) of all Customer accounts, either with Franchisee's operations or billing systems, or an underpayment of Franchise Fees of more than three percent (3%), Franchisee shall bear the entire cost of such Discretionary Audit. SECTION 24. RULES AND REGULATIONS OF CITY ADMINISTRATOR The City Administrator shall have the power to establish rules and regulations respecting Solid Waste Handling Services, provided they augment and are not inconsistent with the provisions of this Agreement. SECTION 25. GENERAL PROVISIONS 25.1 Force Mai eure Franchisee shall not be in default under this Agreement in the event that its ability to provide Solid Waste Handling Services or Temporary Services, in compliance with its obligation to do so hereunder, is temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, strikes or other labor disturbances lasting -37- five (5) days or less, explosion, natural disasters such as floods; earthquakes, landslides, and fires, or "other catastrophic events" which are beyond the reasonable control of Franchisee. The term "other catastrophic events" does not include: (i) the financial inability of Franchisee to perform; (ii) failure of Franchisee to obtain any necessary permits or licenses from other governmental agencies; (iii) the failure to obtain the right, or the loss of the right, to use the facilities of any public utility where such failure is due in substantial part to the acts or omissions of Franchisee; or (iv) strikes or other labor disturbances lasting longer than five (5) days. 25.2 Independent Contractor Franchisee is an independent contractor and not an officer, agent, servant, or employee of City. Franchisee is solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Franchisee. 25.3 Property Damage Any physical damage caused by the negligent or willful acts or omissions of employees, agents, or subcontractors of Franchisee to private or public property shall be promptly repaired or replaced at Franchisee's expense. 25.4 Right of Entry Franchisee shall not have the right, until Franchisee receives permission from the property owner, to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Temporary Services and/or Solid Waste Handling Services pursuant to this Agreement. 25.5 Law to Govern; Venue The laws of the State of California shall govern this Agreement. In the event that any provision of this Agreement conflicts with the City's Municipal Code, the City's Municipal Code shall prevail. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 25.6 Amendment This Agreement is intended to carry out City's obligations to comply with the provisions of AB 939 and AB 341, as implemented by regulations of CalRecycle. In the event that, after the effective date of this Agreement, AB 939 or AB 341 is amended, or other state or federal laws or regulations are enacted and prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Except as otherwise expressly stated herein, no other amendment of this Agreement shall be valid unless it is in writing and duly executed by the parties. -38- 25.7 Notices All notices required or permitted to be given under this franchise shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and addressed as follows: To City: City of Vernon Attn: City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 To Franchisee: [NAME OF THE FRANCHISEE] or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed given on the date served if served personally between the hours of 7:00 a.m. to 5:30 p.m. on any regular business day for City's business offices. If mailed, notice shall be deemed given three (3) business days from the date esuch notice is deposited in the United States mail in the manner proscribed above. 25.8 Savings Clause If any non -material provision of this Agreement is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 25.9 Attorneys' Fees and Litigation Costs In the event either party brings any action or proceeding to enforce or interpret the terms of this Agreement, the prevailing party in any such action or related proceeding shall be entitled to recover its reasonable attorneys' fees and other litigation costs and expenses. 25.10 City's Authorized Age Notwithstanding anything contained herein to the contrary, and excepting amendments hereto and such actions set forth herein specifically calling for City Council action or approval, the City Administrator is designated as the City's authorized agent to take any action with regard to any matter, or enforce any right, set forth herein requiring action by the City. 25.11 Franchisee's Authorized Agent Franchisee shall, by the Effective Date of this Agreement, designate in writing a authorized agent who shall serve as the representative of Franchisee in all matters relating to this Agreement. -39- 25.12 Waiver The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 25.13 Entire Agreement This Agreement represents the full and entire agreement between the parties with respect to the matters covered herein. Parties, whether written or oral. 25.14 Headings The section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 25.15 Reference to Laws All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 25.16 Compliance with Law In providing the services required under this Agreement, Franchisee shall at all times, at its sole cost, comply with all Applicable Laws, including the laws and regulations of the United States, the State of California, the provisions of the City's Municipal Code, and any federal, state, regional or local administrative and regulatory agencies. [Signatures Begin on Next Page]. IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. ATTEST: LE Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: Lo Hema Patel, City Attorney "City" CITY OF VERNON W. Michael McCormick, Mayor "Franchisee" [NAME], LLC By: Its: I0 Its: -41- CITY OF VERNON CITY COUNCIL MEETING OCTOBER 21, 2014 ORDINANCE NO. 1226 SUMMARY (Amending Chapter 12 of the Vernon municipal code and repealing all ordinances or parts of ordinances in conflict therewith) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1226 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1226 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 21, 2014. Ordinance No. 1226 is scheduled to be considered for adoption by said Council at a regular meeting to be held on November 4, 2014. The proposed Ordinance No. 1226 would amend Chapter 12 of the Vernon municipal code and repealing all ordinances or parts of ordinances in conflict therewith. Ana Barcia, Deputy City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1226 was duly introduced to the City Council of the City of Vernon at a regular meeting held on October 21, 2014, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on November 4, 2014. Dated: j a�� ' Ana Bar ' , eput Cit erk This space is for the County Clerk's Filing Stamp The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITY TERRACE COMET, MONTEBELLO COMET MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 8 4861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: OCTOBER 23, all in the year 2014. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 23r-d day of OCTOBER, 2014. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting October 27, 2014 Ordinance No. 1226 Summary mith. )P. Ana Barda, Deputy City Clerk Si nature CITY OF VERNON CITY COUNCIL MEETING NOVEMBER 4, 2014 ORDINANCE NO. 1226 SUMMARY (Amending Chapter 12 of the Vernon Municipal Code and repealing all ordinances or parts of ordinances in conflict therewith) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1226 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On November 4, 2014, the City Council of the City of Vernon approved and adopted Ordinance No. 1226 amending Chapter 1.2 of the Vernon Municipal Code and repealing all ordinances or parts of ordinances in conflict therewith. I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1226 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on November 4, 2014, and passed by said Council by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Dated: McCormick, Davis, and Maisano None Martinez Ana Barc' ' , �Py ity Clerk This space is for the County Clerk's Filing Stamp '�Zaztr:rtt (5roup Jiuhlirtttiians, Alt-rr- The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 84861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: NOVEMBER 06, all in the year 2014. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 06111day of NOVEMBER, 2014. T�Mc��, Signature CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting November 4. 2014 Ordinance No. 1226 Summary