Resolution No. 77621
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RESOLUTION NO. 7762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSENT TO ASSIGNMENT OF THE SOLID WASTE FRANCHISE
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
J.J.V. DISPOSAL, INC. TO NORCAL WASTE SERVICES,
INC.
WHEREAS, on March 30, 1999, the City Council of the City of
Vernon adopted Resolution No. 7299 approving and authorizing the
execution of a City of Vernon Standard Non-exclusive Franchise
Agreement for Solid Waste Management Services (the "Franchise
Agreement") with J.J.V. Disposal, Inc. for the collection,
transportation and disposal of solid waste generated within the City
of Vernon and ,the payment of franchise fees to the City of Vernon; and
WHEREAS, J.J.V. Disposal, Inc. filed a Certificate of
Amendment of Articles of Incorporation with the California Secretary
of State on May 8, 2000, changing its name to Norcal Waste Services,
Inc.; and
WHEREAS, in accordance with Section 7.5 of the Franchise
Agreement, the reorganization of J.J.V. Disposal, Inc. to Norcal Waste
Services, Inc. constitutes an assignment of the Franchise Agreement
and requires the written consent of the City of Vernon; and
WHEREAS, Norcal Waste Services, Inc. has agreed to provide
the collection and transportation of solid waste services in
accordance with the Franchise Agreement by and between J.J.V.
Disposal, Inc. and has provided an Agreement Bond No. SUR3513086 in
the sum of Ten Thousand Dollars and No Cents ($10,000.00); and
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WHEREAS, by letter dated May 3, 2001, Bruce V. Malkenhorst,
the City Administrator/City Clerk, has recommended that the transfer
of the Franchise Agreement be granted to Norcal Waste Services, Inc.
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 hereby
approves the Consent to Assignment with Norcal Waste Services, Inc., a
copy of which is attached hereto as Exhibit "A" and made a part
hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Consent for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Consent to:
Norcal Waste Services, Inc.
Attn. Roxanne Frye, Executive Assistant
160 Pacific Avenue, Suite 200
San Francisco, CA 94111
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 23rd day of May, 2001.
(ATTEST:
IBRUCE V. MALKENHORST, City Clerk
LEONIS C. MA URG, Ma or
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1 STATE OF CALIFORNIA }
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7762, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Wednesday,
8 May 23, 2001, and thereafter was duly signed by the Mayor of the City
9 of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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CONSENT TO ASSIGNMENT
THIS CONSENT TO ASSIGNMENT is made, entered into and executed
in duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this day of May,
2001, in the City o.f Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND NORCAL WASTE SERVICES, INC.
(hereinafter referred to as
"Franchisee")
160 Pacific Avenue, Suite 200
San Francisco, CA 94111
I
WHEREAS, the City and J.J.V. Disposal, Inc. ("J.J.V.")
entered into a City of Vernon Standard Non-exclusive Franchise
Agreement for Solid Waste Management Services (the "Franchise
Agreement") effective April 1, 1999, for the collection and
transportation of solid waste in the City; and
WHEREAS, on May 8, 2000, J.J.V. filed a Certificate of
Amendment of Articles of Incorporation with the Secretary of State of
California changing its name to Norcal Waste Services, Inc.; and
WHEREAS, pursuant to Section 7.5 of the Franchise Agreement,
neither party shall assign its rights nor delegate or otherwise
transfer its obligations under the• Franchise Agreement without the
prior written consent of the other party.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
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1. The City of Vernon hereby consents to.the assignment
by J.J.V. of its interests, rights and obligations under the Franchise
Agreement to Franchisee.
2. The Franchisee agrees to be bound by and to perform
the Franchise Agreement in accordance with the conditions contained in
the Franchise Agreement. The Franchisee also assumes all duties,
obligations, liabilities and responsibilities, and shall be entitled to,
all rights and benefits of J.J.V. arising under the Franchise
Agreement, as if the Franchisee were the original party to the
Franchise Agreement.
3. In all other respects, the terms and conditions of the
Franchise Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the.parties have caused this Consent to be
executed by and through their authorized officers on the date, month
and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPRO D AS TO FORM:
EDUARDO OLIVO, City A orney
CITY OF VERNON
r
LEONIS C. MALB RG, May r
NORCAL WA TE SERVICES, INC.
B y : A"A'wj?�21=
Title: a c�
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Title: Corp o CA-rG S C2e" nfN
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 21, 2001
Ms. Roxanne Frye
Executive Assistant
Norcal Waste Services, Inc.
160 Pacific Avenue, Suite 200
San Francisco, CA 94111
Re: Consent to Assignment
Dear Ms. Frye:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
VIA FEDERAL EXPRESS
vowllf.", 11
Enclosed please find two duplicate originals of the
aforementioned Consent which needs to be signed by the
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal Department, by Wednesday morning, May 23,
2001. The Consent is scheduled to be considered by the City
Council at its meeting on May 23, 2001.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter.
1
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM'. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
EDUARDO OLiVO
City Attorney
/ FAX: (562) 927-8722
CITY HALL C�
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 23, 2001
Norcal Waste Services
901 S. Maple Avenue
Montebello, CA 90640
Attn: Mike Urane, General Manager
RE: Consent to Request to Transfer Franchise
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Dear Mr. Urane: , d�
You have notified the City of Vernon that you wished to transfer your franchise to provid soid-
waste collection in the City to another corporate entity. Under Section 7.5 of the Franc se
Agreement such transfer requires prior written consent. Given the fact your past performance
has been satisfactory and you will continue to operate under this franchise, through the corporate
structure is changing, the City consents to the transfer of your franchise from J.J.V. Disposal,
Inc. to Norcal Waste Services, Inc.
If you have any questions, do not hesitate to contact my office.
Very truly yours,
Bruce V. Malkenhorst,
City Administrator
BVM:cd
3cd\solidwaste\transferfranchise.ltr
Me o
Environmental Health
To: Bruce V. Malkenhorst
Pozzebon,
Date:
Re: Corporate Changes fo(J.J.V. Disposal, Inc.
Attached is a notice from J.J.V. Disposal, Inc. that notifies us of changes in J.J.V.'s
corporate structure. As required by the terms of the agreement, the firm has asked
for written permission to transfer their City Of Vernon Non-exclusive Franchise
Agreement into the name of the new corporation.
Following the City Attorneys previous advice with respect to such transfers, we
reviewed our records on J.J.V. before making a recommendation to you on the
proposed transfer. Specifically, we reviewed J.J.V.'s performance history, and
assessed J.J.V.'s bond and insurance instruments to determine whether they would
be affected by the corporate change.
Our review shows that J.J.V. has performed adequately and is currently in
compliance. The company has updated its bond and insurance instruments to show
the name of the successor corporation, Norcal Waste Services. Based on these
facts, we recommend approval of the transfer of J.J.V: s City of Vernon Non-
exclusive Franchise to Norcai Waste Services, Inc.
If you concur with our recommendation, please sign the attached letter at the
appropriate location and return the letter to the Health Department for processing.
Attachments
Cc;Eduardo olivo, City Attomey
4cIp:SW/N0rcapMemo
J . f
To: Downing, Dan; Pozzebon, Lewis
qc: Lehr, Judy; eddie; Giron, Nelly
abject: RE: SOLID WASTE FRANCHISE AGREEMENTS
Regarbing our conversation on "company name changes" of solid waste companies who presently hold francise
qq
pWn4hts with the city, I'm afraid we will have to take this to city council. As discussed, since we approve the original
+dents by resolution which, by title, incorporates the company name then it is in our best interest to also record the
age by resolution. Sorry for any inconvenience this may cause you.
gf
Is
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
June 5, 2001
Norcal Waste Services, Inc.
Attn: Roxanne Frye, Executive Assistant
160 Pacific Avenue, Suite 200
San Francisco, CA 94111
Re: Solid Waste Franchise Agreement
Dear Ms. Frye:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Transmitted herewith is a fully executed consent to assignment of the
solid waste franchise agreement by and between the City of Vernon and
J.J.V. Disposal, Inc. to Norcal Waste Services approved at the Vernon
City Council meeting held May 23, 2001.
If you have any questions regarding this matter, please call Mr.
Pozzebon at 323/583-8811 ext. 229.
Very truly yours,
Gloria J. osco /7
Chief Deputy City 'Clerk
GJO:ng
CC: Lewis Pozzebon
'3 TO
r CITI COUNCIL
LEONIS C. MALBUItG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
�A
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 3, 2001
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
City Council
City of Vernon V \ l(
Honorable Members: V
J.J.V. Disposal Inc., had previously been granted a Solid Waste
Franchise Agreement. Due to corporate structure changes, J.J.V.
Disposal Inc. is requesting to transfer its agreement to Norcal Waste
Services Inc., its new corporate name. Under Section 7.5 of the
Franchise Agreement such transfer requires prior written consent from
the City.
Staff of the Health Department and the City Attorney have reviewed
this and have concurred that the new corporate entity has met all the
requirements, and it is hereby recommended that the transfer of a Non -
Exclusive Franchise Agreement for Solid Waste be granted to Norcal
Waste Services, Inc.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng
r
Memo
i OF V&
c �a�
G1~ O'Z•
�`GB��SLY 1N0J6,t
Environmental Health Depar ment
To: Gloria Orosco, Chief Deputy City Clerk
From: Lewis Pozzebon, Director ,, ¢,
Date: 04/30/01 �%" "
Re: J.J.V./Norval Waste Services Performance Bond
J.J.V. Disposal recently changed its corporate name to "Norcal Waste Services, Inc."
Due to the name change, they were required to submit a performance bond that
includes its new corporate name.
Please file the attached performance bond for Norval Waste Services in the franchise
file for J.J.V., and, I suppose, change the file. name on the folder to Norcal Waste
Services, Inc. The submission of this bond brings Norcal into compliance with the
requirements for its solid waste franchise agreement.
Attachment
4cdd: sw/Norcal Bond
AGREEMENT BOND
Bond No SUR3513086
KNOW ALL MEN BY THESE PRESENTS:
That Norcal Waste Services, Inc., a California corporation, as Principal, and
American Guarantee and Liability Insurance Company, a New York corporation as
Surety, are held and firmly bound unto City of Vernon, 4305 Santa Fe Ave., Vernon, CA
90058, hereinafter called Obligee, in the penal sum of Ten Thousand and 00/100 Dollars
($10,000.00), 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; otherwise 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 agreement 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 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.
The term of this bond is March 8, 2001 to March 8, 2002
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to
be duly signed and sealed this 6th day of February, 2001.
American Guarantee and
Norcal Waste Services, Inc. Liability Insurance Company
160 Pacific Ave., Suite 200
San Francisco, CA 94111
By: (�2� � �
JbA4. Moor , Attorney -in -Fact
One Liberty Plaza, 30th Floor
New York, NY 10006
v
SCHEER`S INCOR VURATED
1023 West 55th Street
Countryside, IL 60525
Phone: 708-352-6282 708-352-1201
Norcal Waste Systems, Inc.
160 Pacific Ave. Ste. 200
San Francisco, CA 94111
INVOICE # 63673
Page 1
ACCOUNT NO. OP
DATE
NORCWA2 DM
02/06i01
Hauling Contractor Bond
POLICY#
SUR3513086
COMPANY
Zurich U.S. Construction
EFFECTIVE VMMATION BALANCE DUE ON
03/08/01 03/08/02 03/08/01
It PAm
AMOUNT DUE
*** PLEASE RETURN TOP PORTION WITH REMITTANCE ***
itm # Due DateTrn Type Policy # Description Company
]INVOICE # 63673
161810 03/08/01 NEW HAUL SUR3513086
-V Vernon, CA. $10,000
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#SUR3513086 - Hauling Bond Zurich U.S. Construction