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Resolution No. 8706 , . .' .' , . ...' 1 2 3 4 5 6 7 WHEREAS, the City Council of the City of Vernon adopted RESOLUTION NO. 8706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING ACTIONS TAKEN REGARDING RENEWAL OF POLLUTION LEGAL LIABILITY INSURANCE FROM AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY 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, the City of Vernon developed a Standard Non- 12 Exclusive Franchise Agreement for Solid Waste Management Services 13 (~Franchise Agreement") for solid waste collection businesses operating 14 in the City of Vernon; and 15 WHEREAS, the City of Vernon has evaluated its liability 16 insurance policies in light of the City's limited role in the 17 placement of waste in solid waste landfills; and 18 WHEREAS, the City's current Pollution Legal Liability 19 Insurance Policy with American International Specialty Lines Insurance 20 Company (~American") for insurance in excess of insurance coverage 21 required in the Franchise Agreement expires on March 23, 2005; and 22 WHEREAS, the City desired to renew the policy of insurance 23 with American to protect the City; and 24 WHEREAS, the City employed the services of Arthur J. 25 Gallagher & Co. Insurance Brokers of California, Inc. (~Arthur J. 26 Gallagher") to act as the City's broker to structure and obtain the 27 appropriate insurance coverage; and 28 WHEREAS, Arthur J. Gallagher has recommended that the City ~ . .' . k t . ~. 1 enter into an arrangement with American for the provision of 2 insurance; and 3 WHEREAS, in order to meet the urgent need for renewal of the 4 insurance policy, the City Administrator authorized the annual payment 5 of $40,051.30 and the execution of any document necessary to implement 6 the insurance policy, subject to ratification by the City Council; and 7 WHEREAS, on April 5, 2005, the Finance Committee considered 8 the recommendation of Bruce V. Malkenhorst, the Director of Finance, 9 dated March 31, 2005, that the actions of the City Administrator 10 pertaining to obtaining the necessary insurance coverage for the 11 Pollution Legal Liability Insurance, issuing the annual premium 12 payment and executing any forms necessary to implement the insurance 13 with American, be ratified; and 14 WHEREAS, the City Council desires to approve and ratify any 15 document executed by the City Administrator and/or his designee and 16 the annual premium payment in accordance therewith; and 17 WHEREAS, the City Council of the City of Vernon has 18 determined that, pursuant to the provisions of subsection (a) of 19 Section 2.27 of the Vernon City Code, it is in the public interest and 20 necessity to ratify renewal of the Pollution Legal Liability Insurance 21 with American, through Arthur J. Gallagher. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 23 CITY OF VERNON AS FOLLOWS: 24 SECTION 1: The City Council of the City of Vernon hereby 25 finds and determines that the recitals contained hereinabove are true 26 and correct. 27 SECTION 2: The City Council of the City of Vernon hereby 28 ratifies and authorizes the City Administrator, or his designee, to - 2 - f . . ." . -, It.. 1 execute any and all documents necessary for the purpose of securing 2 the renewal of the insurance and to implement and carry out the 3 purposes specified in the insurance renewal on behalf of the City of 4 Vernon. 5 SECTION 3: The City Council of the City of Vernon hereby 6 approves and ratifies the annual premium payment of $40,051.30 in 7 accordance with the terms of the insurance renewal. 8 9 10 SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send a copy of this Resolution to: 11 12 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Attn. James C. Falbo, Account Executive 505 N. Brand Blvd., Suite 600 Glendale, CA 91203-3944 13 14 SECTION 5: The City Clerk of the City of Vernon shall 15 16 17 18 19 20 21 22 23 24 25 26 certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 13th day of April, 2005. . /"~~~~. ATTEST: ~/~ BRUCE V. MALKENHORST, City Clerk 27 28 - 3 - .. 2' 1 2 3 4 5 6 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8706, was duly adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Wednesday, April 13, thereafter was duly signed by the Mayor of the City of 8 2005, and 9 Vernon. 10 11 12 13 ( SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE V. MALKENHORST, City Clerk - 4 -