Resolution No. 7332L
1
RESOLUTION NO. 7332
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 ONE ADDITIONAL NON-EXCLUSIVE SOLID WASTE FRANCHISE
AGREEMENT PURSUANT TO ARTICLE VI OF CHAPTER 12 OF
5 THE VERNON CITY CODE BY AND BETWEEN THE CITY OF
VERNON AND ALL SERVICE DISPOSAL, INC.
6
7 WHEREAS, the City Council of the City of Vernon adopted
8 Ordinance No. 1067 on December 8, 1998, which added Article VI to
9 Chapter 12 of the Vernon City Code, establishing a non-exclusive
10 franchise system for solid waste collection in the City; and
11 WHEREAS, one purpose for establishing the non-exclusive
12 franchise system is to improve the accuracy of the data needed for
13 compliance with the source reduction and recycling requirements of
14 Public Resources Code $ 40000, et sew. (commonly referred to as "AB
15 93911); and
16 WHEREAS, on February 2, 1999, the City Council adopted
17 Resolution No. 7271, establishing a franchise fee for franchises
18 issued pursuant to the aforesaid Article VI of Chapter 12; and
19 WHEREAS, the Environmental Health Department has contacted
20 all solid waste collection businesses that operated in the City at the
21 time of the adoption of Ordinance No. 1067, and has provided them with
221 information about the franchise application process; and
23 WHEREAS, applications from forty-one (41) firms were
24 originally received by the Director of the Environmental Health
25 Department, twenty-one (21) of which were granted franchises by the
26 City by adoption of Resolution No. 7299 on March 30, 1999; and
27 WHEREAS, an additional four (4) firms were determined
28 qualified and were granted franchises by adoption of Resolution No.
1 7314 on April 13, 1999; and
2 WHEREAS, an additional five (5) firms were determined
3 qualified and were granted franchises by adoption of Resolution No.
4 7320 on April 27, 1999; and
5 WHEREAS, All Service Disposal, Inc. has since applied for
6 and/or has been determined to be qualified to hold a franchise from
7 the City; and
8 WHEREAS, the City Administrator has recommended that the City
9 enter into a solid waste franchise agreement with All Service
10 Disposal, Inc.
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
12 CITY OF VERNON AS FOLLOWS:
131 SECTION 1: The City Council of the City of Vernon does
14 hereby find and determine that the recitals contained hereinabove are
15 true and correct.
16 SECTION 2: The City Council of the City of Vernon hereby
17 approves a solid waste franchise agreement with All Service Disposal,
18 Inc. A copy of said agreement has been presented to the City Council
19 concurrently with this resolution, and the City Council hereby orders
20 said Agreement to be received and filed by the City Clerk.
21 SECTION 3: The City Council of the City of Vernon hereby
22 authorizes the Mayor and the City Clerk to execute said Agreement for,
23 and on behalf of, the City of Vernon.
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1 SECTION 4: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution and thereupon and thereafter
3 the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 18th day of May, 1999.
5 �w
`f LEONIS C. MALBURG,yMayor
6
ATTEST:
7
8 BRUCE V. MALKENHORST, City Clerk
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-3-
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7332, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, May 18,
1999, and thereafter was duly signed by the Mayor of the City of
Vernon.
v
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-4-
t r
City of Vernon
Standard
Non-exclusive
Franchise Agreement
for
Solid Waste
Management Services
rtht.•tI V t--0
MAY U 4 1999
HEALTH
nrr)Ar+ 44r_NT
STANDARD NON-EXCLUSIVE
-FRANCHISE AGREEMENT
TABLE OF CONTENTS (CONTINUED)
Pie
SECTION 6.
DEFAULT AND REMEDIES
6.1
Events of Default
17
6.2
Right to Terminate Upon Default
17
SECTION 7.
OTHER AGREEMENTS OF THE PARTIES
7.1
Relationship of Parties
18
7.2
Compliance with Law
18
7.3
Governing Law
18
7.4
Jurisdiction
19
7.5
Assignment and Transfer
19
7.6
Binding on Successors
19
7.7
Parties in Interest
19
7.8
Waiver
20
7.9
Notice
20
7.10
Representatives of the Parties
20
7.11
Franchisee to Defend Agreement
21
7.12
Declared State of Emergency
21
SECTION 8.
MISCELLANEOUS AGREEMENTS
8.1
Entire Agreement
22
8.2
Subsection Headings
22
8.3
References to Laws
22
8.4
Interpretation
22
8.5
Amendment
22
8.6
Severability
22
8.7
Counterparts
23
SECTION 1
GENERAL TERMS
1.1 Definitions
For the purposes of this agreement, the following definitions shall apply:
AB 939
"AB 939" means the California Integrated Waste Management Act of 1989
(California Public Resources Code Section 40000 et seq.), as it may be amended from
time to time.
Agreement
"Agreement" means this non-exclusive franchise agreement between the City and
Franchisee, including any exhibits, attachments, and amendments thereto.
"City" means the City of Vernon, a municipal corporation, and all the territory lying
within the municipal boundaries of the City as presently existing or as such
boundaries may be modified in the future.
City Administrator
"City Administrator" means the City Administrator of the City of Vernon, or a duly
authorized representative, who may also be the Director of Environmental Health
except in the case of an appeal of the director's decision.
City Council
"City Council" means the City Council of the City of Vernon.
Code of the City of Vernon
"Code" means the Code of the City of Vernon, California, 1959, as now written or
hereafter amended or recodified.
Collect/Collection
"Collect" or "collection" means to take physical possession and transport, solid
waste within the City.
Page 2
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 seq.(CERCLA); (ii) the Hazardous Materials
Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and
Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v)
California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the
Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b) any
amendments, rules or regulations promulgated thereunder to such enumerated
statutes or acts currently existing or hereafter enacted; and (c) 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 environmental
laws currently existing or hereinafter enacted, including, without limitation, friable
asbestos, polychlorinated biphenyls ("PCBs"), petroleum, natural gas and synthetic
fuel products, and by-products.
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 §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 seq.), all future amendments i4
thereto, and all rules and regulations promulgated thereunder.
Parties
"Parties" means the City of Vernon and the Franchisee.
Person
"Person" means any individual, firm, association, organization, partnership,
corporation, business trust, joint venture, the United States, the State of California,
the County of Los Angeles, the City of Vernon, towns, cities, and special purpose
districts.
Premises
"Premises" means any land or building in the City where solid waste is generated or
accumulated.
Recyclable Materials
"Recyclable materials" means residential, commercial or industrial source separated
by-products of some potential economic value, set aside, handled, packaged, or
offered for collection in a manner different from solid waste.
Page 4
City and offered for collection, and to deliver that solid waste to waste processing
facilities, waste transfer stations, or disposal facilities. Such granting of franchise,
right and privilege to Franchisee shall be in accordance with this agreement and
Chapter 12 of the Code of the City of Vernon. Franchisee hereby accepts the
franchise on the terms and conditions set forth in this agreement.
1.3 Conditions to Effectiveness of Agreement
Franchisee's rights and City's obligations under this franchise are subject to the
following conditions, each of which, with the exception of subsection 1.3 D, may be
waived in whole or in part by the City:
A. Accuracy of Representations. That the representations and warranties made
by the Franchisee in its application for this franchise are true and correct on
and as of the effective date of this agreement.
B. Absence of Litigation. That there shall be no litigation pending on the
effective date of this agreement in- any court challenging the award or
execution of this agreement or seeking to restrain or enjoin its performance.
C. Furnishing of Insurance and Bonds. That the Franchisee shall have
furnished evidence of the insurance and bond required by section 5 of this
agreement.
D. Adoption of Ordinance. That a City ordinance authorizing the City Council
to approve and authorize the execution of this agreement on behalf of the
City shall have become effective.
1.4 Effective Date and Term of Agreement
The effective date of this agreement shall Zd
i Iff . The initial term of the
agreement shall begin on the effective date end five (5) years from the following
December 31'. Annually, on each January 1" occurring during the initial term, or an
extended term, of this agreement, beginning on January 15', 2000, this agreement
shall be automatically extended for an additional period of one (1) year. If either
party notifies the other in writing prior to December 1' of any year during the initial
or extended term of this agreement that it objects to such an extension, the
agreement shall end on the last day of the then existing term, or on an earlier date
mutually agreed upon by the parties.
1.5 Non-exclusive Nature of Franchise
Franchisee acknowledges and agrees that the City may permit other persons besides
Franchisee to collect any or all types of solid waste including those listed in this
section, including recyclable materials, without seeking or obtaining approval of
Franchisee.
Page 6
SECTION 2
COLLECTION OPERATIONS
2.1 Compliance with the Code of the City of Vernon
The Franchisee is subject to, and shall conduct its collection operations in
compliance with Chapter 12 of the Code of the City of Vernon, which is herein
incorporated by reference. If the Franchisee violates the provisions in Chapter 12 of
the Code of the City of Vernon, as determined by the Director of Environmental
Health, Franchisee shall be considered in default pursuant to subsection 6.1 of this
agreement.
2.2 Hazardous Waste
A. Employee Education. Franchisee agrees to establish and vigorously enforce
an educational program which will train Franchisee's employees in the
identification and proper handling of hazardous waste. Franchisee's
employees shall not knowingly place such hazardous waste in the collection
vehicles, nor knowingly deliver any such hazardous wastes to any waste
processing facility, waste transfer station, or disposal facility.
B. Identification and Notification. If the Franchisee determines that solid waste
placed in any container for collection is hazardous, infectious, not legally
disposable at the disposal site, or potentially hazardous to Franchisee's
employees, the Franchisee shall have the right to refuse to accept such waste.
The Franchisee shall contact the customer and request that proper handling
of such waste be arranged. If the customer cannot be reached immediately,
the Franchisee shall, prior to leaving the premises, leave a bilingual,
Spanish/English tag at least YxY indicating the reason for refusing to collect
the waste, and deliver a copy of the tag, along with the address of premises
(and the name of the customer, if known) to the Director of Environmental
Health no later than the following business day.
C. Proper Disposal of Mistakenly Collected Hazardous Waste. If the hazardous
waste is delivered to the disposal facility before its presence is detected and the
customer cannot be identified or fails to remove the hazardous waste after
being requested to do so, the Franchisee shall arrange and pay for its proper
delivery to a permitted hazardous waste treatment, storage, or disposal
facility.
2.3 Report Unauthorized Dumping
Franchisee shall direct its drivers to note (1) the addresses of any premises at which
they observe that solid waste is accumulating and is not being delivered for
collection; and (2) the address, or other location description, at which solid waste has
Page 8
SECTION 3
FRANCHISE FEES
3.1 Franchise Fee
Franchisee, agrees to pay to the City a franchise fee based on a percentage of its gross
receipts from providing solid waste collection service to its customers in the City.
Compensation received for providing recyclable collection service is not subject to
the fee. Franchisee agrees to bill its customers appropriately for each type of service
based on the Franchisee's cost for each type of service. The franchise fee rate shall be
determined by resolution of the City Council.
3.2 Timing of Franchise Fee Payments
On or before the last day of each month following the end of a calendar quarter,
Franchisee shall remit to City the franchise fee payment based on the gross receipts
for the previous calendar quarter. If the franchise fee payment is not received by the
City on or before last day of any month following the end of a calendar quarter,
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.
Page 10
Gross receipts by customer
collected by customer type;
tonnage delivered to each
disposal facility.
4.5 Billing Format
type (e.g., front-end loader,
recycling tonnage collected
waste processing facility, w
rolloff); refuse tonnage
by customer type; and,
aste transfer station, and
The Director of Environmental Health shall have the right to require changes to the
billing format to itemize certain appropriate charges or to otherwise clarify the
billing and/or the expected impact of City fees on rates. The Franchisee will
cooperate with the City to revise its billing format as necessary to itemize
appropriate charges from time to time.
4.6 Inspection by City
The Director of Environmental Health or his/her agents, shall have the right to
observe and review Franchisee's operations and enter Franchisee's premises for the
purposes of such observations and review at all reasonable hours with reasonable
notice. Additionally, the City reserves the right to review and/or audit the
Franchisee's financial and operating records, including, but not limited to, gross
receipts and tonnage records, upon reasonable notice during business hours. The
scope of the review and/or audit shall be limited to verifying the proper payment of
franchise fees and the accurate reporting of tonnage. Franchisee shall comply with
such review or audit.
Page 12
f
C. Indemnity Agreement Pursuant to CERCLA. The foregoing indemnity is
intended to operate as an agreement pursuant to 107(e) of the Comprehensive
Environmental Response, Compensation and Liability Act, "CERCLA," also
known as "Superfund, " 42 U.S.C. 9607(e), and California Health and Safety
Code 25364, to defend, protect, hold harmless, and indemnify the City from all
forms of liability under CERCLA, other applicable statutes or common law for
any and all matters addressed in this provision. This provision shall survive
the expiration of the term of this agreement.
5.2 Insurance
A. Minimum Scope and Limits of Insurance
During the term of this agreement, the Franchisee shall maintain the
following insurance coverage with limits no less than:
1. Commercial General Liability Insurance: minimum $1,000,000 per occurrence
for all coverages. Total general liability coverage, including excess or
umbrella coverage, shall be not less than $2,000,000 general aggregate.
2. Business Auto Liability Insurance: minimum $1,000,000 bodily injury and
$1,000,000 property damage, per accident. Primary coverage with combined
single limit of $1,000,000 per accident may be used if supplemented by excess
or umbrella insurance with an aggregate limit of not less than $3,000,000,
provided the total coverage available for any one accident for bodily injury
and property damage shall be a minimum of $2,000,000; and,
3. Worker's Compensation as required by California law and Employers
Liability with limits of no less than $1,000,000 per accident or disease.
B. Deductibles and Self -Insured Retentions. Any significant deductibles or self -
insured retentions must be declared to and approved by the City
Administrator. At the option of the City Administrator, either: the insurer
shall reduce or eliminate such deductibles or self -insured retentions with
respect to the City, its officials, employees, agents, or volunteers; or the
Franchisee shall procure an additional letter of credit or bond guaranteeing
payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its officers, agents, and employees shall be named as
additional insureds on these policies.
Page 14
consistent with prevailing insurance practices for comparable enterprises
insuring against the same or similar risks. Upon ninety (90) days notice from
the City to the Franchisee, the revised requirements shall be deemed a part of
this agreement, and it shall be the Franchisee's obligation to comply with the
same.
5.3 Faithful Performance Bond
Simultaneously with the execution of this agreement, Franchisee shall, at its sole
expense, deliver to the City a bond, payable to the City, securing the Franchisee's
faithful performance of its obligations under this agreement. The principal sum of
the bond shall be ten thousand dollars ($10,000). The bond shall be unconditional
and remain in force during the entire term of this agreement. The bond shall be
null and void at the end of the term of this agreement only if the Franchisee
promptly and faithfully performs its obligations under this agreement. The bond
shall be executed as surety by a corporation authorized to issue surety bonds in the
State of California, with a financial condition and record of service satisfactory to the
City.
In the alternative, Franchisee may deposit a letter of credit or open a certificate of
deposit in an amount of ten thousand dollars ($10,000) in the name of the City to be
held to secure this faithful performance.
The bond requirement in this subsection may be amended by resolution of the City
Council. Should the City exercise its right to modify this bond requirement, it shall
provide the Franchisee with ninety (90) days prior written notice.
Page 16
SECTION 7
OTHER AGREEMENTS OF THE PARTIES
7.1 Relationship of Parties
The parties intend that Franchisee shall perform the services required by this
agreement as an independent Franchisee and not as an officer or employee of the
City, nor as a partner of or joint venturer with the City. No employee or agent of
Franchisee shall be or shall be deemed to be an employee or agent of the City. Except
as expressly provided herein, Franchisee shall have the exclusive control over the
manner and means of conducting the solid waste collection services performed
under this agreement, and all persons performing such services. Franchisee shall be
solely responsible for the acts and omissions of its officers, employees,
subcontractors, and agents, and shall not obtain any rights to retirement benefits,
workers' compensation benefits, or any other benefits which accrue to the City
employees by virtue of their employment with the City.
The parties intend that the Franchisee and/or its customers, and not the City,
"arrange for" the transportation and disposal of solid waste as that term is used in
the context of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), 42 U. S. C. 9607 (a).
7.2 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 of the United States, the State
of California, the City and other states or counties which may have jurisdiction over
any service provided in this agreement and with all applicable regulations
promulgated by any federal, state, regional, or local administrative or regulatory
agency, now in force and as they may be enacted, issued, or amended during the
term of this agreement.
7.3 Governing Law
This agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of California.
In the event thatanyprovision of this agreement conflicts with the Code of the City
of Vernon, the Code of the City of Vernon shall prevail.
Page 18
7.8 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 which 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.
7.9 Notice Procedures
All notices, demands, requests, proposals, approvals, consents and other
communications which this agreement requires, authorizes or contemplates shall,
except as otherwise specifically provided, be in writing and shall be effective when
personally delivered to a representative of the parties at the address below or
deposited in the United States mail, first class postage prepaid, addressed as follows:
If to the City:
Mr. Lewis Pozzebon
Director of Environmental Health
City of Vernon
4305 Sante Fe Avenue
Vernon, CA 90058
If to Franchisee: j
Name: (- 4-Kk-i�1
Title: t Cx
Address: I-/Ec-l; t Et. O ba,
ZA-ci -
The address to which communications may be delivered may be changed from time
to time by a notice given in accordance with this subsection.
7.10 Representatives of the Parties
As allowed by the Code of the City of Vernon, all actions to be taken by the City
related to this agreement, shall be taken by the City Administrator except as
provided below. City Administrator may delegate, in writing, authority to other
Page 20
R
IN WITNESS WHEREOF, the City and Franchisee have executed this agreement as
of the day and year first above written.
CITY OF VERNON, a California
municipal corporation
BY.
t
LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO LEGAL FORM AND CONTENT:
By:
DAVID B. BREARLEY, City Attori rey
AL t- S'
Lt-S e9y�t C.e ,' I swstZ
By. -
Title:
By;
Note: If the franchisee is a corporation or limited liability company, the legal name of the corporation
or limited liability company shall be set forth above; together with the signatures of at least two (2)
officers, as follows: (1) the chairman of the board, president or any vice-president (first signature), and
(2) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer (second
signature). If the franchisee is a partnership, the true name of the firm shall be set forth above,
together with the signature of the partner or partners authorized to sign contracts cn behalf of the
partnership.
Page 23
ALL SERVICE 01SPOSAL INC. a
— ---------.—.. -- --- ----- — -- -- -----
P.O. BOX i�6
167E • MONTEBELLO, CALIFORNIA 90640
PHONE (213] 721 70B9 FAX (213j 721-9B94 ; [213) 721-70e9
---- ---- _---- - .
[2131722-3775
April 25, 1999
City of Vernon:
I am Self employed at this time, and have no employees.
So there for I have no need for Workmans Comp. at this
time. R ! E 0
Thank You �%,'i';'` 1999
HEALTH
Robert Sarkis n r,r7r]n..pwcP,T
BOND NO. S-700-668R h t., L I V
MAY 0 4
FAITHFUL PERFORMANCE BOND HEALTH
KNOW ALL MEN BY THESE PRESENTS:
That ALL SERVICE DISPOSAL, INC a California CORP. as
PRINCIPAL, and WASUNGTON INTERNATIONAL INSURAV6 orporation*organized and STATE OF AZ
doing business by virtue of the laws of the State of California, and duly licensed for the
purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings
required or authorized by the laws of the State of California, as SURM, are, held and
firmly bound to City of Vernon, hereinafter called OBLIGEE, in the penal sum of ten
thousand dollars ($ 10,000) lawful money of the United States, for the payment of which,
well and truly to be made, we and each of us hereby bind ourselves, and our and each of
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH
THAT:
WHEREAS, the above bounden PRINCIPAL has entered into an agreement
entitled "STANDARD NON-EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID
WASTE MANAGEMENT SERVICES" with the OBLIGEE, to do and perform the
following work, to wit: Collect, transport and dispose of solid waste generated within
City of Vernon, and remit franchise fees to the OBLIGEE in accordance with the
agreement.
NOW, THEREFORE, If the above bounden PRINCIPAL shall well and truly
perform, or cause to be performed each and all of the requirements and obligations of
said agreement to be performed by said PRINCIPAL, as in said agreement set forth, then
this BOND shall be null and void; 6therwige It will remain in full force and effect.
And the said SURETY, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same shall in
any wise affect its obligations on this BOND, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the
work or to the specifications.
IN WITNESS WHEREOF. said PRINCIPAL and said SURETY have caused
these presents to be duly signed and sealed this 27THDAY OF APRIL
1999
WASHINGTON INTERNATIONAL INSURANCE COMPANY
SURETY
A
BY=
(ATTORNEY IN FACT) VAI"JM X- PEARCE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of San Diego
On 4-27-99 before me, America San Martin, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC"
personally appeared Valerie M. Pearce ,
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/
subscribed to the within instrument and ac-
knowledged to me thatXiw/sheAWW executed
the same in his/her/their authorized
capacity(im), and that by gk Wher
signature(a) on the instrument the person(s),
or the entity upon behalf of which the
person(z) acted, executed the instrument.
O��..EAL
r rae—MY
AMERICA SAN MARTIN
NOTARY PUBLIC-CALIFORNIA v' WITNESS my hand and official se .
COMMISSION # 1200313 C
SAN DIEGO COUNTY ConttnWm Exp. Mtotw 31, 20012
c_
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
JEROLD D. HALL, SANDRA J. LITTLE, CHRIS A. LYDICK, LETiCIA SAN MARTIN,
CHRISTINE A. PATERSON, VALERIE M. PEARCE, BART B. STEWART AND J.T. WARNOCK
EACH IN THEIR SEPARATE CAPACITY
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule,
regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington
international Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its
President and its principal office.
This Power of Attorney shall be limited in amount to $5,500,000.00 for any single ob}igation.
This Power of Attorney is issued pursuant to authority granted by the resolutions_of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -Fact, and
authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized
to certify copies of any power-of-attomey issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any
time, any such-Attorney4n-Fact or Special Attorney -in -Fact and revoke the authority given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company, may affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such* Power
ofAttomey, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall
be valid,ar),04.Pq upon the Company.
IN TESTIM� VVFiEREC)Fl�he FIl,/ashington International Insurance Company has caused this instrument to be signed and its corporate seal to be
affixed b authorizeg officer �2th day of May 1 8>
- - TO TE ATiONAL INSURANCE COMPANY
C?Y' ;
t derson, Vice -President
4i��'�i1j7;�i•ir� ���1
STATE OF 111-1- bIS)w0l"
COUNTY OF DUPAGE)
Dn this 12th day of May, 1998, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
;worn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said
,istrument is the Corporate Seal of said Company;
V T r1-li&&rto set my hand and affixed my Official Seal, the day and year first above written.
"OFFICIAL SEAL"
ERICA R. JOHNSON c ,
;Co(=-,-1
ublic. State of Illinois c+
16
Ms .- Expires 10-15•nt �: Erica R. Johnson, Nota Public
11��y,„� My Commission Expir?§ October 15, 2001
TATE OF ILLiNOIS)
OUNTY OF DUPAGE)
the undersigned, Vice -President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
at the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article iII, Section 5
the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
fined and sealed in the County of Dupage. Dated the 27THday of APB• , 19 99 .
JafrfesA. CarperAr, Vice -President
I INSURED
All Service Disposal
PO Box 1678
Montebello CA 90640-7678
:::.:.QUA � E.....:................
T IMM/DD/YY)
4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Westport Insurance Corp.
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
I POLICY EXPIRATIONco
LIMITS
DATE iMM/DD/YY)
DATE iMM/DD/YY)
A
GENERAL LIABILITY
RF2020684
4/29/99
4/29/00
GENERAL AGGREGATE
$ 2000000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMP/OP AGG
$ 1000000
Fv
CLAIMS MADE OCCUR
PERSONAL& ADV INJURY
S 1000000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
1000000
$ 50000
MED EXP (Any one person)
$ 5000
A
AUTOMOBILE LIABILITY
X ANY AUTO
RF2020684
4/29/99
4/29/00
COMBINED SINGLE LIMIT
$
3000000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
S
X HIRED AUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
S
AGGREGATE
S
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
S
UMBRELLA FORM
S
OTHER THAN UMBRELLA FORM
•
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC STATU- OTH-
TORY LIMITS ER
i:.......... -
........:...............::..:
EL EACH ACCIDENT
$
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
EL DISEASE - POLICY LIMIT
S
EL DISEASE - EA EMPLOYEE
9
OFFICERS ARE: EXCL
OTHER
CL 246
(11-85)
POLICY NUMBER: RF2020684
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 11 85
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Vernon
4305 S. Santa Fe Avenue
Vernon, CA 90058
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
RE: Refuse Hauling
Insured: All'Service Disposal, Inc.
Producer: Robert F. Driver Co., Inc., San Diego, CA
Copyright, Insurance Services Office, Inc., 1984
Endorsement
THIS ENDORSEMENT CHANGES THE POUCG PLEASE READ rr CAREFULLY
ADDITIONAL. INSURED PRIMARY COVERAGE
This endorsement modlttes Irrsurancs provided under the kdowing:
CCMMEF(C:AL GENERAL LIABILITY CCVErqAGE PAFM
it is agreed that arty per3on or organization described below is an additional insured. but only with respect to
liatelty arising out of operations performred.far the additional Insured by or on behalf of the named insured.
The Insurance afforded to such additional insured Is primary and shall not contribute in any MY with any other
Insurance which such additional Insured may have.
All other endorsements, Provisions, conditions, and exx-4uslons of this insurance shall remain unchanged and
apply m the additional Insured described below.
ADDITIONAL INSURED TYPE OF OPERATION PROJECT LOCATION
CITY OF VERNON REFUSE HAULING
4305 S. SANTA FE AVENUE
VERNON, CA 90058
INSURED: ALL SERVICE DISPOSAL, INC.
AGENT: ROBERT F. DRIVER CO., INC., SAN DIEGO, CA
POLICY NO:RF2020684 (4/29/99-00)
CG 76 01 06 S7 }
Westport Insurance Corporation
2520 Venture Oaks Way
Sacramento, CA 95833
1-800-695-2470 Fax 916-614-1550
May 3,1999
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
RE: Insurance for City of Vernon — refuse hauling
Policy number RF2020684
Named Insured: All Service Disposal, Inc.
City Clerk:
I hereby certify that the certificate of insurance attached hereto and made a part
hereof by reference truly and accurately represents the above cited insurance policies and the
insurance coverage of each for the named insured issued by Westport Insurance Corporation.
The City of Vernon, its officers, and employees are included in said policies as
additional insureds and the City of Vernon will be provided with thirty(30) days written
notice of cancellation or material reduuction of coverage.
I certify that I am an officer of the insurance carrier named herein and that I am
authorized to sign this certificate on behalf of said insurance carrier.
SUBSCRIBED AND SWORN TO BEFORE ME
THIS —.-5 DAY OF 1999
a.............n..::::::::n:::::x;::ii:•iii:?i:{•iii;ryi:4:?4ii'4i:;:::.w.:�:::.i'::::::::::.i'::::x:?{n {.�::;::::+.: �:ni::?:::::::;: ?::•:::::.:,•{{.
;v .�:::::.:.�::::::-::.�:::•:::::.,,v,.:r::•i:{{•i:::.ii:•i:.::?i:�:•i:•i vi: ,rr.:::.-...::.�:::..:.::::::: :.::::::::.� -a
:•:4. •n •ii}::. v. ..a .: .. ..:: .v: ..:: ...ir:...�....w:.::::..::..:::ny::.:..:::;r.:
:< :.;:::•i, :.: . •.+: ;.:: ,:':: :::• .;. .::.:.:. .i:i :::• :: .:• :. is-::i
ORD
::::f:�:•iiiii'•isi:-i:.ii'?'::/.:n•.i'.:•:..:::.:::::::::::::::::::::::::::::::::::::::::.:::. �::::::- .................................................
. -. . .. ........................................................... r: is i:Q}i;.i r:::........:::{?
wf Ni{..v::::h,.::rn:•::.t:::.::-:r:::.:.ply:.vy:.�.:�:::::.v:.:::::::n�::::::.�:::::::: :w::::::: m::::: :n.
:>.i .:::: ? .i: f .:.,.:..::ii>iis>i:;isr:•::iii:{{?:i:;.i:;.::i:::;{{{.;;:. ATE (MM/DD/YY) .;i
6/20/00
PRODUCER::::.:........................................................................,.,................................................
619-238-1828
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ROBERT F. DRIVER COMPANY, INC.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1620 FIFTH AVENUE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SAN DIEGO, CA 92101
COMPANIES AFFORDING COVERAGE
COMPANY
A Westport Insurance Corp.
INSURED
All Service Disposal
COMPANY
B
PO Box 1678
Montebello CA 90640-7678
COMPANY
C
COMPANY
D
0 HAVE BEEN -ISSUED .TO.�THE INSURED •E,....A..... ••,•
THIS IS TO.CERTIFY THAT �. THE POLICIES -� OF INSURANCE LISTED.BELOW SU ED�NAM D BOVEFOR •THE �POLICY .PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
c0
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM/DD/YY)
POLICY EXPIRATION
DATE(MM/DD/YY)
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
RF20206841
4/29/00
4/29/01
GENERAL AGGREGATE
$ 2000000
X
PRODUCTS - COMP/OP AGG
$ 1000000
PERSONAL & ADV INJURY
_
$ 1000000
EACH OCCURRENCE
$ 1000000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE IAny one fire)
$ 100000
MED EXP IAny one person)
$ 5000
A
AUTOMOBILE LIABILITY
X ANY AUTO
RF20206841
4/29/00
4/29/01
COMBINED SINGLE LIMIT
$
3000000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
S
X HIRED AUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
S
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
S
RUMBRELLA FORM
g
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TORY LIMIT ER WC STATU OTH-....
; ;>'; :: '
::
EL EACH ACCIDENT
S
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
FIEXCIL
EL DISEASE - POLICY LIMIT
S
EL DISEASE - EA EMPLOYEE 1
$
OFFICERS ARE:
OTHER
• 10 DAYS FOR NON-PAYMENT
DESCRIPTION OF OPERATIONS/LOCATIONSNEMCLES/SPECUIL ITEMS
RE: REFUSE HAULING
CITY OF VERNON, ITS OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED AS
ADDITIONAL INSURED PER CG2010 ATTACHED. PRIMARY COVERAGE AND WAIVER
OF SUBROGATION APPLIES PER CG7601 AND CG2404 ATTACHED.
CITY OF VERNON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN: RISK MANAGEMENT DEPT.
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
4305 S. SANTA FE AVENUE
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
VERNON, CA 90058
OF KIND N E PANY, ITS AGENTS OR REPRESENTATIVES.
AUTH S TAT
,t� �} :%
r „ CL 246
(11-85)
POLICY NUMBER: RF20206841
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 11 85
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
PER CERTIFICATE ATTACHED
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
RE: REFUSE HAULING
Insured: ALL SERVICE DISPOSAL
Producer: -Robert F. Driver Co., Inc., San Diego, CA
Copyright, Insurance Services Office, Inc., 1984
d' POLItY NUMBER: RF20206841
COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
PER CERTIFICATE ATTACHED
(If no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER-
CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or ".your work" done
under a contract with that person or organization and included in the "products -completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
RE: REFUSE HAULING
INSURED: ALL SERVICE DISPOSAL
PRODUCER: ROBERT F. DRIVER CO., INC.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 0
Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED PRIMARY COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is agreed that any person or organization described below is an additional insured, but only with respect to
liability arising out of operations performed for the additional insured by or on behalf of the named insured.
The insurance afforded to such additional insured is primary and shall not contribute in any way with any
other insurance which such additional insured may have.
All other endorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and
apply to the additional insured described below.
ADDITIONAL INSURED TYPE OF OPERATION PROJECT LOCATION
PER CERTIFICATE ATTACHED
RE: REFUSE HAULING
POLICY NO.: RF20206841
INSURED: ALL SERVICE DISPOSAL
PRODUCER: ROBERT F. DRIVE CO., INC.
CG 76 01 06 87
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RESOLUTION NO. 10,054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO ALL SERVICE DISPOSAL, INC. BY
THE CITY OF VERNON PURSUANT TO RESOLUTION NO. 7332
WHEREAS, on May 18, 1999, the City Council of the City of
Vernon adopted Resolution No. 7332 approving a Non -Exclusive Franchise
Agreement for Solid Waste Management Services dated May 18, 1999, (the
"Agreement") by and between the City of Vernon and All Service
Disposal, Inc. ("All Service" or "Franchisee"); and
WHEREAS, Section 3.2 of the Agreement requires All Service to
submit timely payment of quarterly franchise fees to the City within a
month of the end of each quarter; and
WHEREAS, Section 4.4 of the Agreement requires All Service to
submit a quarterly report along with the corresponding franchise fee
payment; and
WHEREAS, a review of All Services' franchise fee and
quarterly report history shows that All Service has submitted franchise
fees and/or quarterly reports late seventy-five percent (75%) of the
time -since 1999; and
WHEREAS, Section 12.50 of the Vernon City Code authorizes
termination of a franchise by the City Council if it is determined that
the Franchisee has violated or has failed to comply with any of the
terms or conditions of the Agreement; and
WHEREAS, by letter dated August 11, 2009, the Director of
Health and Environmental Control, notified All Service of the-'City's
intent to conduct a public hearing on August 31, 2009, to consider
termination of the Agreement pursuant to Section 12.50 of the
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W-M
Vernon City Code; and
WHEREAS, the written notice to All Service cited the reasons
for the proposed termination as failure to submit timely franchise fee
payments and quarterly reports; and
WHEREAS, Section 6.1 of the Agreement provides that All
Service is in default of the Agreement if it fails to perform any
material obligation under the Agreement (Sec. 6.1.A), fails to submit
timely franchise fee -payments (Sec. 6.1.B), and fails to submit timely
reports (Sec. 6.1.C); and
WHEREAS, Section 6.2 of the Agreement provides that upon an
event of default by All Service, the City may terminate the Agreement
pursuant to Chapter 12 of the Vernon City Code; and
WHEREAS, on August 31, 2009, a duly noticed hearing on the
proposed franchise termination was conducted by the City Council of the
City of Vernon, at which time All Service was given an opportunity to
be heard; and
WHEREAS, the City Council has heard and considered all
evidence, both written and oral, presented in support and in opposition
to All Service's franchise termination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon further
finds that all persons have had the opportunity to be heard or to file
written objections to the proposed franchise termination, and having
heard and reviewed all such oral and written objections, determines
- 2 -
I that there are.compelling reasons to justify the termination of the
2 Non -Exclusive Franchise Agreement for Solid Waste Management Services
3 approved by Resolution No. 7332 as follows:.
4 (a) All Service has failed to submit timely payment of
5 quarterly franchise fees;
6 (b) All Service has failed to submit timely quarterly
7 reports with the corresponding franchise fee payment;
8 (c) All Service has failed to promptly and faithfully
9 perform its obligations under the Agreement; and
10 (d) All Service is in default of the Agreement pursuant to
11 Section 6.1 of the Agreement.
12 SECTION 3: The franchise granted to All Service is hereby
13 declared terminated pursuant to Section 12.50 of the Vernon City Code,
14 effective August 31, 2009.
15 SECTION 4: The City Council of the City of Vernon hereby
16 directs the City Clerk, or her designee, to send a copy of this
17 Resolution to:
18 All Service Disposal, Inc.
Attn. Robert Sarkissian
19 P.O. Box 1678
20 Montebello, CA 90640
21 SECTION 5: 'The City Council of the City of Vernon hereby
22 authorizes the City Administrator, or his designee, to take whatever
23 actiondeemednecessary or desirable for the purpose of implementing
24 and carrying out the purposes specified in this resolution, including,
25 without limitation, the execution of any and all documents necessary
26 for the purpose of securing the Performance Bond funds of All Service,
27 for, and on behalf of, the City of Vernon, if necessary.
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
her certification to be entered in the Book of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 31st day of August, 2009.
ATTEST:
IMANUELA GIRON,
ty Clerk
Hilario Gonzales
Name:
Title: Mayor
- 4
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 10,054, was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Monday,
August 31, 2009, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this�1ly'tday of August, 2009, at Vernon, California.
MANUELA GIRO , City Clerk
(SEAL)
- 5 -
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 2, 2009
Mr. Robert Sarkissian
All Service Disposal, Inc.
P.O. Box 1678
Montebello, CA 90640
Re: Termination of the Non -Exclusive Solid Waste Franchise
Dear Mr. Sarkissian:
Transmitted herewith is a copy of Resolution No. 10,054 regarding the above -referenced, which
was approved by City Council on August 31, 2009:
If you have any questions regarding this matter, please call Mr. Lewis Pozzebon, at (323) 583-
8811 ext. 229.
ery truly yours,
t
Nelly Giro
City Clerk
NG:dj
c: Lewis Pozzebon
Resolution No. 10,054
Resolution No. 7332
Exclusively Industfiaf
APPROVED AUG 31 '09 CITY COUNCIL
o: Nelly Giron, City Clerk
rom; Lewis Pozzebon, Director / Health Officer
ate: 8/27/2009
Re: Publication of Public Hearing Notice for Termination of Franchise Agreement
with All Service Disposal, Inc.
Attached is a copy of the Proof of Publication from the Vernon Sun regarding the
subject public hearing notice.
Please let me know if additional information is needed.
Attachment
Cc: City Attorney
Lp/mydodadmin/memo/public hearing publication transmittal
0 Page 1
08/27/2009 10:35 323-341-7976 EGP
PAGE 01
It � - LI r
� II r
1rliC�I�l:iTir[k��
The Only All ffi'spunic Owned C'ha /1BilingUal NCW5PaJ2ers
111 S. Avenue 59, Los Ang s, CA 90042-4211
Ph 323,341-7970 - Fax 323.341- 6 • Www,egpiiews,com
PROOF OF PLOLICATION
(2015.5 C I 1111..P.)
STATE OF CALIFOR iA,
COUNTY OF LOS ANGE S
I am a citizen of the Unite i States and a resident
of the County aforemention d; I am over the age of
eighteen years, and not a 1 Orty to or interested in
the above -entitled matter. am the principal clerk
of the printer of
EASTERN GROUP . UBLICATIONS'
newspapers of general ci culation, printed and
published THUBSiDAYS` i the County of Los
Angeles, and which newspapor has been adjudicated
a newspaper of general circ lation by the Superior
Court of the County of L s Angeles, State of
California, under the
date o�NK
UNE 1, 1m,
CASE 13 �;
that the notice, of which th annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regl lar and entire issue of
said newspaper and not in a y supplement thereof
on the following dates, to -wit, -
all in the year gM,
I certify (or declare) under lilenalty of perjury that
the foregoing is true and cor�ect.
Dated at LOS ANGELES, California,
this 201h day of AUGUST, 20R.
i
Signature !
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing:
Nan -Exclusive Franchise for
Solid Waste Management ervi
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you ma,y
attend.
PLACh: Vernon City Hell, City Counoil Chambers
4305 S. santa Fe Avenue, Vernon, CA 90058
DATE Monday. August 11, 2009, fsl 9:00 a.m. or as sooll Ihereaftrr las
& TIME: the matter may Oe heard.
PURPOSE: To Consider the termination of the Non-ExrlpSivg Franenlse for
Solid Waste Management 5erVI0ekAgreement between the Cily
of Vernon end All Service Dispvxai, Inc entered on May 18, 1999,.
/s,/ Lewis Pozzebon
Health Officer Date: AUa.Us1.1.t,„
This space is for the County Clerk's Filing Stamp
Ti;_�rstrru 05roup uhltcattx us, (�4jxrc_
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 884861;
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:
AUGUST 20,
all in the year 2009.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 20t—" day of AUGUST, 2009.
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing:
Non -Exclusive Franchise for
Solid Waste Management Services
Signature
S
flies ¢r: e �
AUG T 8 2009
ray rl_ERWS OFFICE
AVA U4 IZI:4
APPROVED AUG 3 I '09 CITY COUNCIL
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE:
TO:
ROM:
RE:
August 10, 2009 CITY CLERK DI
0
Honorable Mayor and City Council
Lewis Pozzebon, Director / Health Officer
Public Hearing to Consider Termination of Non-exclusive Franchise
Agreement for Solid Waste Management Services between the City
of Vernon and All Service Disposal, Inc.
On May 18, 1999, All Service Disposal, lnc.(All Service) entered into a Non-exclusive
Franchise Agreement for Solid Waste Management Services with the City of Vernon.
_ Section 3.2 of the Franchise Agreement requires All Service to submit timely payment of
quarterly franchise fees to the City within a month of the end of each quarter. Section
4.4 requires All Service to submit a quarterly report along with the corresponding
franchise fee payment. A review of All Services' franchise fee and quarterly report
history shows that All Service has not complied with the Agreement with its performance
of repetitive late submissions. The attached submission history indicates that, since
1999, seventy-five (75) per cent of the time All Service submitted franchise fees and/or
quarterly reports late. Records also reflect that our department has made repeated
efforts, including letters and meetings, to remind All Service of the requirement to make
timely submission of fee payments and quarterly reports. Our records also show that All
Service has failed to make timely payment of Health Permit fees in four out of the last
six years (Health Permit Fee History attached).
Section ,12.50 of the Vernon City Code authorizes termination of a franchise by the City
Council if it is determined that the franchisee has violated or has failed to comply with
any of the terms or conditions of the franchise. Based on the record of late payments
and report submissions by All Service as summarized above, I am recommending
termination of the Franchise Agreement with All Service.
Copies of the Notice of Public Hearing letter to All Service, Public Hearing Notice, and
documents related to the termination are attached.
Attachments
Hoalth and Enviror
Control Department
To: Donal O'Callaghan, City Administrator
From: Lewis Poaebon, Director / Health Officer
Date: August 10, 2009
Re: Request for Action to Terminate Non-exclusive Franchise Agreement for Solid Waste
Services with All Service Disposal, Inc.
I am requesting your review and concurrence with the attached staff report and related
documents to take action to terminate the Non-exclusive Franchise Agreement with All
Service Disposal, Inc. As noted in the staff report, All Service Disposal, Inc. has repeatedly
not complied with the terms of the Agreement which require timely submission of solid waste
Quarterly Reports and franchise fee payments. In addition, All Service has been frequently
late in paying Health Permit fees.
Pursuant to Section 12.50 of the Vernon City Code, I am requesting your issuance of a
Notice of Public Hearing to Terminate Franchise letter to All Service Disposal, Inc. Or if you
would prefer to designate me, I will issue the letter. A draft Notice of Public Hearing to
Terminate Franchise letter is attached for your consideration which includes the setting of a
time and place for a public hearing before the City Council. The hearing must be held not
less than ten, nor more than thirty days from the date of the Notice of Public Hearing to
Terminate Franchise letter. The City Attorney has conducted a preliminary review of the
attached documents and concurs with their content and the termination action. To allow time
for adequate preparation by the City Clerk, I have set a tentative date for the public hearing
date Monday, August 31, 2009. A draft Public Notice is attached. If this date is not suitable,
please notify me.
Please let me know if additional information is needed.'f
Thank you.
Attachments
Lp/mydoclAdmin/memo/City Admin Franchise Tennitation memo
ICECEIVED
AUG 1 0 2009
BY:
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may attend,
PLACE: Vernon City Hall
City Council Chambers
4305 S. Santa Fe Avenue
Vernon, CA 90058
DATE & TIME: Monday, August 31, 2009, at 9:00 a.m. or as soon thereafter as the matter
may be heard.
PURPOSE: To consider the termination of the Non -Exclusive Franchise for Solid
Waste Management Services Agreement between the City of Vernon and
All Service Disposal, Inc entered on May 18, 1999.
r
Lewis Pozzebo
Health Officer
Date: August 11, 2009
1/mydoc/sw/franchise/public notice term
To: Nelly Giron, City Clerk
From: Lewis Pozzebon, Director / Health Officer
Date: 8/18/2009
Re: Termination of Non-exclusive Franchise Agreement with All Service Disposal, Inc.
I am forwarding the following documents related to the subject action:
• City Administrator transmittal memo with Mr. O'Callaghan's approval notation.
• Staff Report with Mr. O'Callaghan's approval notation and attachments.
• Certified mail letter notifying All Service Disposal, Inc. of the public hearing for City
Council consideration of the termination of the agreement to be heard on Monday,
August 31, 2009.
• Certified mail receipt.
• Vernon Sun verification that public hearing notice to be published on Thursday,
August 20, 2009.
I will forward the proof of publication of the public hearing notice upon its receipt by our
department.
Please let me know if you have any questions, or need more information.
Attachments
Xc: City Attorney
0 Page 1
History of All Service Disposal, Inc.
Submission of Solid. Waste Quarterly Reports and Franchise Fee Payments
Year
Quarter
Due
Date
Date
Submitted
Comments/Late Penalty Payments
2009
1st
4/30/2009
7/6/2009
o Late Penalty, Insufficient 1-unds ec ;
Notified All Service
2nd
7/31/2009
7/6/2009
Insufficient Funds Check; 7/27/09 Notified All Service
3rd
10/31/2009
4th
1131 /2010
2008
1st
4/30/2008
5/20/2008
10% Late Penalty, $18.00
2nd
7/31/2008
10/22/2008
20% Late Penal , $18.00
3rd
10/31/2008
10/22/2008
4th
1 /31 /2009
2/5/2009
Late
2007
1st
3/30/2007
5/31/2007
10% Late Penalty, $10.50
2nd
7/31/2007
11/29/2007
40% Late Penalty, $42.00
3rd
10/31/2007
11/29/2007
10% Late Penalty, $11.85
4th
1 /31 /2008
2/4/2008
2006
1st
4/30/2006
7/12/2006
30% Late Penalty, $18.90
2nd
7/31/2006
7/12/2006
3rd
10/31/2006
3/6/2007
20% Late Penalty, $33.50
4th
1 /31 /2007
3/6/2007
10% Late Penalty, $13.90
2005
1 st
4/30/2005
4/5/2005
Franchise Fee Payment Rec'd, Quarterly Rpt Late,
7/7/05
2nd
7/31/2005
7/7/2005
3rd
10/31/2005
12/29/2005
20% Late Penalty, $11.80
4th
1 /31 /2006
12/29/2006
2004
1st
4/30/2004
5/19/2004
10% Late Penalty, $15.06
2nd
7/31/2004
3/29/2005
80% Late Penalty, $101.78
3rd
10/31/2004
3/29/2005
50% Late Penalty, $63.55
4th
1/31/2005
3/29/2005
20% Late Penalty, $20.72
2003
1 st
4/30/2003
5/5/2003
Late
2nd
7/31/2003
9/4/2003
10% Late Penalty, $15.06
3rd
10/31/2003
12/1/2003
10% Late Penalty, $12.71
4th
1/31/2004
5/19/2004
20% Late Penalty, $20.72
2002
1st
4/30/2002
7/8/2002
10% Late Penalty, $15.52
2nd
7/31/2002
7/8/2002
/term/AIIService Qrtly Summary
History of All Service Disposal, Inc.
Submission of Solid Waste Quarterly Reports and Franchise Fee Payments
Year
Quarter
Due
Date
Date
Submitted
Comments/Late Penalty Payments
3rd
10/31/2002
12/2/2002
10% Late Penalty, $17.41
4th
1/31/2003
2/19/2003
10% Late Penalty, $10.36
2001
1 St
4/30/2001
4/5/2001
2nd
7/31/2001
8/30/2001
10% Late Penalty, $15.22
3rd
10/31/2001
11/13/2001
Late
4th
1 /31 /2002
1 /31 /2002
2000
1st
4/30/2000
5/22/2000
10% Late Penalty,$17.57
2nd
7/31/2000
8/30/2000
10% Late Penalty, $17,56
3rd
10/31/2000
1/15/2001
106/6 Late Penalty, $17.56
4th
1/31/2001
4/5/2001
20% Late Penalty, $35.12
1999 1
1 St
4/30/1999
N/A
Franchise A reement Approved 5/18/99
2nd
7/31/1999
8/3/1999
3rd
10/31/1999
11/4/1999
4th
1 131 /2000
2/22/2000
Late
'term/All Service Qrtly Summary
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FILE COPY
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
Lewis Pozzebon, Director/Health Officer
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 588-4320
August 11, 2009
CERTIFIED MAIL
Mr. Robert Sarkissian
All Service Disposal, Inc.
P O Box 1678
Montebello; California 90640
Subject: Notice of Public Hearing to Consider Termination of City Of Vernon Non-exclusive
Franchise Agreement with All Service Disposal Inc.
Dear Mr. Sarkissian:
Based on a review of City of Vernon Health and Environmental Control records your company's
failure to comply with the requirements of the subject agreement, dated May 18, 1999,
constitutes an event of default (Section 6). Specifically, your company has failed to submit
timely franchise fee payments and quarterly reports.
Pursuant to 6.2 of the Agreement, and Section 12.50 of the Vernon City Code, this letter is to
notify youthat on Monday, August 31, 2009 at 9:00 a.m., or as soon thereafter as the matter may
be heard, in the City of Vernon City Council Chambers, 4305 Santa Fe Avenue, Vernon,
California, the City Council of the City of Vernon will conduct a public hearing to consider the
termination of the subject agreement. You may appear at the public hearing to discuss or submit
relevant information for the City Council's consideration.
If you have any questions or desire further information, please contact me.
Si ,
Lewis Pozz
Director / Health Officer
Utnydoc/sw/fran/term/notice of termination hearing letter
Excfusive(y Industriaf
Re Notice of Public Hearing for All Service Disposal
Page 1 of 2 --
Pozzebon, Lewis
From: Smith, Linda
Sent: Tuesday, August 18, 2009 3:54 PM
To: Pozzebon, Lewis
Subject: FW: Notice of Public Hearing for All Service Disposal
fyi
From: Bianca @ Eastern Group Emailto:advertise@egpnews.com)
Sent: Tuesday, August 18, 2009 3:53 PM
Tp; Smith, Linda
Subject: Re: Notice of Public Hearing for All Service Disposal
Hi Linda,
Thanks for your patience!
Confirming receipt. Cost: $87.50
The size is 2 col. x 1.75" totaling 3.5 column inches (ci). At $25.00 per ci, the
total is $87.50 per date.
Thank you,
Bianca Sanchez, Office Manager
for
Jonathan Sanchez, Associate Publisher
Eastern Group Publications, Inc.
111 S, Avenue 59, Los Angeles, CA 90042-4211
323-341-7970 / Fax 323-341-7976
On 8/13/09 12:30 PM, Smith, Linda<LSmith0d.vernon.ca.us> wrote:
Please find and print the attached public notice .in the next publishing of the Vernon Sun.
Please publish on August 20, 2009, contact me if you have any questions or concerns.
Thank you.
Linda Smith, Department Secretary
Health &Environmental Control Department
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811 Ext. 233
Fax (323) 588-4320
8/18/2009
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Re: -Notice of Public Hearing for All Service Disposal Page 2 of 2
From: Bianca @ Eastern Group [mailto:advertise@egpnews.c
Sent: Thursday, August 13, 2009 11:49 AM
To: Smith, Linda
Subject: Notice of Public Hearing for All Service Disposal
Hello Linda,
I received your fax for the Notice of Public Hearing.
I have two questions.
. Can you email the word format of this notice? If not, it is okay - it is
not a very large notice.
. When would you like this to publish (we publish on Thursdays)?
Our next publication date is August 20 with a deadline of Tuesday,
August 18, 5 p.m. Please let us know.
Thank you,
Bianca Sanchez, Office Manager
for
Jonathan Sanchez, Associate Publisher
Eastern Group Publications, Inc.
111 S. Avenue 59, Los Angeles, CA 90042-4211
323-341-7970 / Fax 323-341-7976
8/18/2009