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Resolution No. 9074
R1ESOLUTION NO. 9074 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF 4 A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND INNOVATIVE WASTE CONTROL, INC. FOR 5 SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING 1 SERVICES 6 7 WHEREAS, the City of Vernon needs the services of a solid g waste hauler to provide solid waste collection disposal and recycling 9 services for all City facilities and all residential 10 the City; and Properties within 11 WHEREAS, on November 16 ithe City ty Council of the City 12 of Vernon adopted Resolution No. 8902 approving a Request for Proposal 13 for Solid Waste Collection Disposal and Rec clin 14 and Y g Services ("RFP") ; 15 WHEREAS, the RFP was sent and responses were received from 16 Innovative Waste Control, Inc., Universal Waste Systems 17 Haul Away Rubbish American� Key Disposal, Reclamation Athens Services, Looney Bins 18 and BFI, all of which were reviewed and evaluated b 19 Services & Water De Y the Community Department; and 20 WHEREAS, after the Community Services & Water Department 21 reviewed and evaluated the eight responses, it de emed Innovative Waste 22 Control, Inc. ("IWC" to be the most qualified vendor meeting the 23 requirements and specifications of the Department base 24 following criteria: d on the costs, services, experience and qualifications; 25 and 26 WHEREAS, by memo dated June 6 2006, the Director of 27 Community Services & Water has recommended that 28 disposal be approved for solid waste collectionan agreement with IWC and recycling I services effective August 1, 2006. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 3 CITY OF VERNON AS FOLLOWS: COUNCIL OF THE 4 SECTION 1; The City Council of the City h of Vernon hereby 6 and correct, ereinabove are true 7 SECTION 2: The City Council of the City 8 accepts the of Vernon hereby proposal of IWC and approves the Services Agreement, a 9 copy of which is attached hereto as Exhibit A and incorporated by 11 SECTION 3; The City Council of 12 authorizes the Mayor the City of Vernon hereby Y to execute said Agreement for, and on behalf of, 13 the City of Vernon and the Acting City Clerk is her 14 attest thereto. ebY authorized to 15 SECTION 4; The City Council of 16 directs the Actin the City of Vernon hereby g City Clerk, or his desi nee 17 executed Agreement to: g to send one fully 18 Innovative Waste Control, Attn. Harold Arsenian Inc. 19 4133 Bandini Blvd. Owner 20 Vernon, CA 90023 21 SECTION 5: The Acting City Clerk of the City of Verno 22 shallacertif n y to the passage of this Resolution, and thereupon and 23 thereafter the same shall be in full force and effect. 24 APPROVED AND ADOPTED this 21st 25 day of June, 2006. 26 ATTEST: 27 THOMAS A. YB RRA, Mayor Tem 28 BRUCE V. City ClerkLRST, JR. Acting - 2 - I STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ) ss 3 4 I, BRUCE V. MALKENHORST JR., Acting City Clerk of the City 5 of Vernon, do hereby certify that the foregoing Resolution 6 Resolution No. 9074, was dui � being y adopted by the City Council of the City 7 of Vernon at a regular meeting of the City Council dui held ld on 8 Wednesday, June 21, 2006, and thereafter was signed by the Mayor 9 Pro Tem of the City of Vernon. 10 11 BRUCE V. MALKENHORST, JR. 12 Acting City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - SERVICES AGREEMENT This AGREEMENT ("Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof all purposes, as of this 21 S` day of June 2006, in the City of Vernon, County of Los Angeles, for California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue AND Vernon, California 90058 INNOVATIVE WASTE CONTROL, INC., an independent contractor, hereinafter referred to as the "Contractor" 4133 Bandini Boulevard Vernon, California 90023 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform solid waste collection, disposal and recycling services for all City and all residential properties within the City; and Y fac' ' ilities WHEREAS, Contractor has prepared a proposal dated December 15, 2005, for the Services, a copy of which is attached hereto as Exhibit A and incorporated b this "Proposal'); and Y reference (the WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the Cityrequires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth orth below; and WHEREAS, the Services have been bid, and Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to solid waste collection, disposal and recycling services for all City facilities and all residential Properties within the City on a contract basis as defined in the terms andallresidential conditions set forth Page 1 of 17 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on _August 1 2006 and will continue in effect for a period of one (1) year or until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Services Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire Agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Innovative Waste Control, Inc. and, where applicable its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, may have, but not necessarily, preceded executin of the Agreement, and including invitation to bid, or Proposal which the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Sections 4.01 and 4.02 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the work and, unless otherwise stated, to cover all costs whether materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Pro set forth in this Agreement. visions as G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. P Page 2 of 17 H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of Cit directly or indirectly, or which arises out of the Work, concerning the Work or y, proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the work, except information falling into any of the following categories: I • Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's, or any entity within Contractor's control, breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractors possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J.. "Work" or "Services" shall mean the services performed by Contractor as more specifically delineated in Section 3 below. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01. Contractor agrees to perform solid waste collection, disposal and recycling services for ntractor' all City facilities and all residential properties within the City. The Co ervices are more specifically described in the Proposal attached hereto as Exhibit."A" and incorporated herein by this reference. Page 3 of 17 r 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City, make than ges to extend the work duration and total compensation of Contractor's Work. Changesiny the scope of work, or duties and obligations, shall be authorized only by the City. 3.04. City may make changes by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached incorporated by reference. hereto and Timing of Services parties and shall continue for a period of one 3.05. Contractor's Services shall commence upon the execution of this Agreement by both (1) year unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended upon written agreement of both parties to this Agreement. Method of Performing Services 3.06. Contractor will determine the method, details, and means of performing the above - described Services. Status of Contractor 3.07. Contractor enters into this Agreement, and will remain throughout the term o f tis Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.08. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Page 4 of 17 Payment of Taxes 3.09. Contractor is responsible for paying when due all income taxes, including estimated under this Agreement. Contractor agrees to indemnify City for any claitaxes, incurred as a result of the compensation paid by City to the Contractor for Services ms, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.11. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION Paragraph 3.01, City agrees to pay Contractor the amount of One Thousa4.01. In consideration for monthly Services to be performed by Contractor, described in Hundred Thirty Two and no/100 Dollars ($1,232.00) per month for all Cind Two ty facilities and Eleven and no/l00 Dollars ($11.00) per month for each residence within the City for each month this Agreement is in effect and Contractor provides the Services ("Contract Price"). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overheads, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason, except as expressly provided for in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract price shall only be adjusted by formal, written Change Order or amendmentto this Agreement. Page 5 of 17 Payment of Compensation 4.03. For Services rendered under Paragraph 3.01 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15`h) of each month, for the prior calendar month's completed Work. The payment shall not exceed the sum set forth in Paragraph 4.01 of this Agreement. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established by a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. 5.02. Contractor is responsible for damage resulting from performing repair and clean up of the effected area. 5.03. Contractor will perform the services under this Agreement on City's Premises during regular business hours or as directed by City. Page 6 of 17 .. ' Tools, Materials, and Equipment 5.04. Contractor will supply all tools, materials, supplies and equipment required to perform the Services under this Agreement. Liability Insurance 5.05. Contractor and its subcontractor(s) if any,shall , P11017 and for the duration of this Agreement, obtain and maintain commencement ts own expense, tosek minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.06. The insurance coverage as listed herein shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured . 5.07. Contractor shall cause its insurers to issue,( including but not limited to, Certificates f Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.08. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and that the City is endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractors shall maintain in effect the following miniif a Form policy: mum insurance coverages on an Occurrence A. Workers Compensation within the statutory limits, or disease cincluding occupational illness Province exercising jurisdiction over the Contractor'overage in accordance with the laws of the nation, state, terr overa� ito or s employees. Workers � Compensation and Employers Liability Insurance shall have a minimum $1,000,000 per occurrence. Contractor further agrees to hold harmless and of indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $1,000,000 per occurrence. Page 7 of 17 C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess Policy. Such insurance shall at all times be on an occurrence form and provide Policy conditions as broad as those required in the primary insurance. 5.09. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.10. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.11. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.12. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and Page 8 of 17 qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.13. Contractor represents that it has the qualifications and skills necessary to perform the Work under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work underthisAgreement will be performed. 5.14. Contractor declares and states that it has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.15. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur a result of a breach by Contractor of any representation or provision contained in this as Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees. 5.16. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for perform part s Agreement at ance of Contractor's obligations hereunder. City may assign all or any of thi any time effective immediately upon written notification to Contractor. Work Injury 5.17. The treatment and care of injuries sustained by Contractor's employees, subcontractors, agents, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid or assistance to Contractor's employees, subcontractors, agents, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Page 9 of 17 . f J f Records, Inspection and Audit 5.18. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the Contractor's employees working full or part time on the Work; (b) invoices for purchases, receiving and issuing documents, and all the other unit - inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.19. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City, gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.20. Contractor agrees that all services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City. Indemnity Process 5.21. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the Page 10 of 17 i I I defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.22. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing Provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.23. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may Copy, in whole or part, such documents to the extent necessary for the performance of the Work, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. Compliance with Authority 5.24. Contractor shall comply with all laws, regulations, executive orders and other a requirements of any governmental agencies having jurisdiction including the Fairl Labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.25. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.26. Contractor shall indemnify City against, and hold City harmless from an y liability or including liability or loss from fines or penalties arising out of Contractor's failure to loss Perform the obligations imposed upon it by Sections 5.24 and 5.25 of the Agreement. Page 11 of 17 Progress Reports 5.27. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect for a period of one (1) year after the effective date of this Agreement, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non -Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Notice to Contractor and such termination shall be effective in the manner specified in such Notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Page 12 of 17 ( d , Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may terminate this Agreement by giving written notification to Contractor. Termination will take effect immediately on receipt of notice by the breaching party or three (3) days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to complete the Work specified in Paragraph 3.01 and 3.02 of this Agreement; or B. Contractor's material breach of any representation or provision contained in Section Five (5) of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (P) day after mailing, whichever occurs first. Page 13 of 17 Contractor: Innovative Waste Control, Inc, Attn: Harold Arsenian, Owner 4133 Bandini Boulevard Vernon, CA 90023 Fax: 323-264-0606 Telephone: 323-264-0202 City: City of Vernon Attn: Bruce V. Malkenhorst, Jr. Acting City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 323-826-1438 Telephone: 323-583-8811 Entire Agreement of the Parties 7.02. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A and B, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this. Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Page 14 of 17 Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims. shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration &Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Page 15 of 17 Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators and/or court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (S) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. Page 16 of 17 IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown below. City: Executed at City of Vernon Leonis C. Malburg, Mayor Date: ATTEST: California, on Bruce V. Malkenhorst, Jr., Acting City Clerk Contractor: Inno at' st Qwtrol, Inc. a Name f ,(� A—Yj Title: � I`P� Date: a Id (, Page 17 of 17 2006. APPROVED AS TO FORM: Eric T. Fresch, City Attorney Title: Date:f EXHIBIT A i t . •� t .. - EV.0 4biV r. v 'Wx" C _ `` ° r . Innovative Waste Control, Inc. Proposal for Solid Waste Collection, Disposal and Recycling Services For the City of Vernon Due December 15, 2005 at 2:00 P.M. Section 1: Executive Summary and Benefits in. Using Innovative Waste Control, Inc. Section 2: Understanding and Approach to the Project Section 3: Detailed Description of Scope of Work Section 4: Experience with Similar Projects and References. .Section 5: Qualifications of Firm Members + Harold Arsenian-Owner • Tynisha Dorhan-Lead Dispatcher • Tammy Griffiths-Office/Dispatch Manager • David Hopkins Jr.-Yard/Transportation Manager Section 6: Insurance Section 7: Biennial Inspection of Section S: Municipalities Contact Section 9: Proof of City of Vernon Stand Agreement Section 10: Disclosure Statement and Co C4 0 Executive Summary Innovative Waste Control, Inc. (IWC) was established in 1991 by Harold Arsenian the fourth generation of the Arsenians in the waste industry, in Los Angeles. Like many business owners Harold had aspirations of growth for his business. Soon the company was comprised of a solid waste collection department, a hazardous waste management department and solid waste transfer station and recycling yard all housed in the City of Vernon. The collection of solid waste was the primary and core focus of the company for many years. With roll -off and small container service available to commercial and industrial customers ranging from wire manufacturing and the aluminum industry to stevedores in the port of Long Beach. IWC has carved a nitch for large customers wanting personalized service at competitive rates. Providing superior customer service and quality collection programs has been a constant focus of IWC. A majority of the solid waste collection customers are located within the City of Vernon. For this reason the name Innovative Waste Control, Inc. has become synonymous with quality waste removal services in Vernon. The hazardous waste department of the company waste created to help clients meet the ever. -increasing regulatory requirements of both State and federal governments regarding proper hazardous waste management. This department offers quality hands on assistance to clients with hazardous waste issues of any type. In April 1998, IWC opened a transfer station in the City of Vernon. Seven years later, IWC still considers Vernon its home. Tonnage received in 1998 was 500 tons per day and now that facility receives 1,250 tons daily. Many waste haulers from all over Southern California utilize the transfer station's. convenient location. As the customer base continues to grow the transfer station is in a constant state of metamorphosis. IWC also is'concerned about the future of the trash and recycling businesses. As more landfills reach their maximum capacity, IWC searches for solutions. With the future implementation of an advanced waste sorting line and researching new techniques that would increase the number of recyclable materials removed from the transfer station, taking less tonnage to landfills is no longer a distance idea. Also, IWC is working with customers to increase their recycling quantities. IWC understands the importance of keeping business inside the vendors used by IWC are businesses located right here in Ve n. Company is located on 26a' street and would be the compa used containers needed to service the City contract. AUL Pipe d Su Place is the vendor that handles all steel repairs at IWM. is the company that IWC hires for the rental and mai n c repair company that services IWC is Nick's Tires and r The trailer repair company used by IWC is Mikes Fie al Blvd. The revenue spent with these Vernon based ven importantly, all waste that would be collected from the of Vernon. Many 11 taken to our Vernon transfer station, thus allowing the city to collect a host fee on tonnage received. To date the City of Vernon has received $1,057,800 from,this host fee. Finally, IWC fully understands that many haulers are qualified to service the City of Vernon. However, we are confident that IWC would be the best choice; Why? We provide Vernon based businesses with quality service at a below market price. We are concerned for the future of the waste industry and have relationships with many different landfill and waste to energy facilities to guarantee Vernon a home for its waste for years to come. Most importantly we are the only waste collection company that is located in Vernon; we consider Vernon our home. IWC has become a leader in the trash industry and we have no plans on slowing down t. our progress. We strive to become better than we are and consistently reach our = achievements without compromising our dignity. We pride ourselves on the fact that we are a large company that still treats our customers as individuals, not just numbers. Benefits in Using Innovative Waste Control, Inc. • Vernon based transfer station • Vernon based waste collection services • Vernon collects a host fee on all waste taken to IWC's transfer station • Vendors used by IWC are located in Vernon • IWC has a City of Vernon Standard Non -Exclusive Franchise Agreement for Solid Waste Management Services • IWC has received no citations from the California Division of Occupational Safety and Health • IWC looks for ways to keep business insid�iAf City of ernon g x • IWC has called Vernon its hom or se Mmow Y �- �• N Understanding and Approach of the Project IWC will provide the City of Vernon solid waste collection disposal p y , d�sposa and recycling services for all locations as specified in the Scope of Work. All collection of waste and recyclables will be made by IWC vehicles and personnel as required. The containers for all collections of both solid waste and recyclables will be provided by IWC. These containers will be of a design and quality concurrent with waste industry standards and will be kept in proper working order. IWC would schedule the collection dates to match the service requested by the City and outlined in the scope of work. All residential recycling and solid waste containers would be emptied on the same service day. All recycled and diverted material will be reported by IWC in a quarterly "Recycling and Diversion Report". This report will contain a list of all diversion quantities required by the City and used by the City for State AB 939 reporting requirements. This report would include all office and residential diversion totals. The report, would be sent to the City of Vernon no later than the 15°i of the month following the preceding service. quarter, i.e., the first quarter "Recycling and Diversion Report" would be due no later than the 15ffi of February. All recycled material will be prescreened at IWC, if necessary, and delivered_ to either of the following locations: Jefferson Smurfit 20502. So. _Denker Ave. Torrance, Ca 90501 Or Allen Company 14618 Arrow Highway. Baldwin a dwm Park, Ca 91706 All invoicing, receiving of payments, collection of accounts, conflict customer service issues will be handled directly from IWC's Verno g. would have a direct phone number to contact customer, service e. hours of 5 a.m. to 5 p.in. Monday through Friday. Customers ould i attention as opposed to an automated computer voice. IWC would dedicate the following staff members to Harold Arsenian, President Lead Contact for resolution. other . itives from the PAN Tynisha Dorhan Tammy Griffiths David Hopkins Lead contact for all service changes: Frequency, dates, container sizes and repairs. Lead contact for all service error and or customer service requests. Lead contact for all AR/AP resolution. Lead contact for all billing changes and/or special billing requests. Lead contact for all operational changes regarding routing and scheduling. IWC also fully understands the franchise and insurance requirements for this project and will continue to meet all General liability requirements as listed in both the RFP and City of Vernon Standard Non -Exclusive Franchise Agreement for.Solid Waste Management.. The City of Vernon would receive the same high quality commitment from each IWC employee, that all our customers receive. We would handle the city'.s trash pick-up schedule with attention to detail and concern for each of the customer's complete satisfaction. Other specifications: ADA: (American Disabilities Act) For any related ADA assistance, please call the office. Hazardous Materials: Placing hazardous and/or toxic materials in the containers is unlawful and the generator (s) is subject to state and federal regulations. F hazardous waste, please call the public informati time schedule to dispose of house Holiday Sched There will be no pick-up service on New Years Day Independenc Thanksgiving Day Christmas During holiday week only, if your pickup falls on i pickup will be one day later, resuming nortr Residential Refuse Regulations: Containers.must be out by 6:00 A.M. Automated Regulations: 1. During normal conditions, place containers at edge of street, on the asphalt or at the side of the alley for those streets that have no curbs. During rainy weather avoid placing containers on heavy run off areas. 2. Place containers at least three feet away form, and not behind, any parked vehicles or obstructions such as mailboxes or fire hydrants. 3. Place containers at least three feet apart and set them side by side, not behind each other. 4. All items to be collected must be,placed in'the automated containers. 5. Place items in the designated containers, refuse in black, recyclables in blue or gray, (areas that have green can, green waste only -please, no plastic bags in green can.) 6. Do not place refuse or any other object on top of the lid. Anything outside the container will not be taken. 7. Do not place unlawful toxic or hazardous waste in container. 8. All toxic and hazardous materials placed in containers are unlawful and the generator is subject to state and federal regulations. 9. Aerosol can containing any liquid are classified as a hazardous waste. 10. These items will not be taken on route: sod, dirt, rocks, construction materials, furniture, pool granules, appliances, used oil filters, oil and any othercontainers with liquid: 11. Animal waste- such as horse manure, dog waste and used cat litter could and should be placed in the black container in the manner that is not a health hazard. 12. A charge will be made if containers are lost; stolen or damaged due_ to neglect or malicious acts of the customer and/or unknown third party. . � 7 w Scope of Work 2vrd. 3vrd. & 4vrd. Containers: Street Address Service 3376-3390 50th Street 1-2yrd.xlwk. 3376-3390.50th Street 1-3yrd.xlwk. 271.5 East 54th Street 1-3yrd.x2wk. 4530 Bandini Blvd. 1-3yrd.xlwk. 2323 East Vernon Ave. 1-4yrd.x2wk. 3375 Fruitland Ave. 2-3yrd..xlwk. 4301 Santa Fe Ave. 1-3yrd.xlwk. 4305 Santa Fe Ave. 2-3yrd.xlwk. 4305 Santa Fe Ave. 4-3yrd.x4wk. 2800 Soto Street 2-3yrd.xlwk. 2800 Soto Street 1-3yrd.xlwk. 5001 Soto Street 1-3yrd.xlwk. 5001 Soto Street 1-3yrd.xlwk. Roll -off Containers: Street Address 2221 55th Street 2221 55th Street 2221 55th Street 2800 Soto Street Service 3-40yrd.xOn Call 1-40yrd.xOn Call 1-40yrd.xOn Call 1-40yrd.xOri Call Type Recyclable Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste Recyclable Solid Waste (Before 6 a.m.) Recyclable Solid Waste Recyclable Solid Waste Type 60 Gallon Containers: Street Address Service 3350 East Vernon Ave. 1-60gal.xlwk. 3350 East Vernon Ave. 1-60gal.xlwk. 3560 East Vernon Ave. 1-60gal.xlwk. s ;�. =.: 3560 East Vernon Ave. 1-60gal.xlwk. 3345 Fruitland Ave. 1-60gal.xlwk. 3345 Fruitland Ave. 1-60gal.xlwk. 3349 Fruitland Ave. 1-60gal.xlwk. 3349 Fruitland Ave. 1-60gal.xlwk. 3353 Fruitland.Ave. 1-60gal.xlwk. 3353 Fruitland Ave. 1-60gal.x.lwk. 3357 Fruitland Ave. 1-60gal.xlwk. 3357 Fruitland Ave. 1-60gal.xlwk. 3361 Fruitland Ave. 1-60gal.xlwk. ;. 3361 Fruitland Ave. 1-60ga1. x l wk. M1, 3365 Fruitland Ave. 1-60gal.xlwk. _- 3365 Fruitland Ave. 1-60gal.xlwk.. 4321 Furlong Pl. 1-60 al.xlwk. g ?` 4321 Furlong Pl. 1-60gal.xlwk. ' 4322 Furlong Pl, 1-60gal.xlwk. 4322 Furlong Pl. 1-60gal.xlwk. 4323 Furlong Pl. 1-60gal.xlwk. Tyne Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid. Waste OAR*' S— Ma 4323 Furlong Pl. 4324 Furlong Pl. 4324 Furlong Pl. 4325 Furlong Pl. 4325 Furlong Pl. ..4326 Furlong Pl. 4326 Furlong Pl. 4327 Furlong Pl. 4327 Furlong Pl. 4328 Furlong Pl. 4328 Furlong Pl. 4329 Furlong Pl. 4329 Furlong Pl. 4330 Furlong Pl. 4330 Furlong Pl. 1-60gal.x 1 wk. 1-60gal. x 1 wk. 1-60gal. x 1 wk. 1-60gal. x 1 wk. 1-60ga1. x 1 wk. 1-60ga1. x l wk. 1-60ga1. x 1 wk. 1-60gal.x 1 wk. 1-60gal.xlwk. 1-60gal.x l wk. 1-60gal.x l wk. 1-60gal.xlwk. 1-60gal.x 1 wk. 1-60gal.x l wk. 1-60gal.xlwk. Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Experience with Similar Projects and References Innovative Waste Control, Inc. has had the pleasure of helping numerous customers with their specific waste needs. Each company's solid waste needs are as unique as the companies themselves. Some businesses have small containers that are serviced only weekly, while others have multiple containers for various waste streams that are serviced daily. The following list contains a sample of our customers. The type of service and amount of bins are listed below the contact information. Aguilar Trucking Contact: Larry Aguilar 4567 Maywood Ave Ph. (323) 587-2246 Vernon, CA. 90058 1-3yrd.xlwk. (Solid Waste) Alart Mechanical Contractors Contact: Art Bruschera 445 Hampshire Street Ph. (415) 621-5220 ext. 21 San Francisco, CA. 94110 Various size bins for various waste streams. Bins used for construction jobs. American Apparel Contact: Jacob Gordon 747 Warehouse Street Ph. (213) 488-0226 Los Angeles, CA. 90021 2-40yrd.xOn Call (Solid Waste) Arcadia, Inc. Contact: Byron Bjork 3225 E. Washington Blvd. Ph. (323) 269-7300 Vernon, CA. 90023 3-20yrd.xOn Call (Solid Waste) 2-3yrd.Owk. (Solid Waste) Command Packaging 3740 East 26'h Street Vernon, CA. 90023 5-3yrd.x3wk. (Solid Waste) 1-40yrd.xOn Call (Recyclable) 1-40yrd.:xOn Call (Solid Waste) Contact: Rick Conlon Ph. (323) 26074800 Davis Wire Corp. Contact: Karla 5555 Irwindale Ave. Ph. (626) 815-: -Irwindale, CA. 91706 8-20yrd.xOn Call (Solid Waste) 3-10yrd.xOn Call (Solid Waste) 3-25yrd.xOn Call (Hazardous Waste) 6-40yrd.xOn Call (Recyclables) Douglas Steel Contact: George Russell 5764 Alcoa Ave. Ph. (323) 587-7676 Vernon; Ca. 90023 1-40yrd.xOn Call (Solid Waste) Farmer John 3049 East Vernon Ave. Vernon, CA. 90058 1-40yrd.x5wk. (Solid Waste) 1-40yrd.x5wk. (Recyclable) 2-40yrd.xOn Call (Solid Waste) 4-3yrd.x5wk. (Solid Waste) Four Star Chemical Company 3137 East 26a` Street Vernon, CA. 90023 1-3yrd.xlwk. (Solid Waste) 5-4yrd.xlwk..(Solid Waste) 2-6yrd.xlwk. (Solid Waste) Contact: George Hynes Ph. (323) 583-4621 Contact: Joshua Ulrich Ph. (323) 266-7111 Gateway Mattress Contact: Alex Franco 624 South Vail Ph. (323) 725-1923 Montebello, CA. 90640 1-40yrd.xOn Call (Recyclable) Inland Cold Storage Contact: Bobby Casarez 4100 Bandini Blvd. Ph. (323) 980-0556 Vernon; CA. 90023 3-3yrd.x5wk. (Solid Waste) International Transportation Service Inc. Contact: Mike Polphery <, 1281 Pier J Ave. Ph. (562) 435-7781 ext. 2334 Long Beach, CA, 90802 2-10yrd.x3wk. (Solid Waste) 1-25yrd.xOn Call (Recyclable) 1-25yrd.x3wk. (Solid Waste) 3-46yrd.x3wk. (Solid Waste) # ` Kaiser Aluminum Contact: Rick Medina: .6250 Bandini Blvd. Ph. (323) 720-8224 Vernon, CA. 90040 1-40yrd.x3wk. (Solid Waste) Various Hazardous Waste Jobs as Needed:#r R - 1 �»rf& pww`f - T�Ce'R`v's+MMin CIO ualifications of Firm Members Harold Arsenian-Owner Experience 1991-Present Innovative Waste Control, Inc. President and General Manage • Performed waste characterization for generators of RCRA, Non-RCRA, TSCA and California special wastes and debris. • From 1991-present have profiled thousands of tons of waste' material for disposal and treatment in California, Arizona and Nevada. • Worked with California DTSC and Arizona Department of Environmental Quality for the disposal of regulated wastes. • Performed sales and marketing for disposal facilities including the largest Non-RCRA soils treatment facility in the western states. Managed solid waste, hazardous waste and recycling activities in the southern California area. 1986-1991 Sav-Way Disposal Company Diverse responsibilities including general management, daily operations, purchasing, sales, marketing, and route development. General Manage • Managed structural operations of disposal company including direction of future growth. • Discovered areas of company weakness and worked directly with owners to correct problems. • Responsible for 135% increase in profit. - 1-W-V M, Daily Operations • NN Controlled daily operations of tru and 4 eW - elW." - 3053V-. • Controlled schedules and route Ictio • Directed waste to Recyclin tto facilities throughout the so Purchasing t • Purchased all equipment for*. containers and waste routes. Sales Marketing and Route Development • In charge of all sales and marketing growth for the company. • Responsible for 115% growth in route sales from 1986-1991. IndustLy Education • Techniques for collecting and analyzing samples during a remedial investigation. • Technologies for the management of hazardous waste. • Environmental bioremediation and advanced applied. bioremedial technologies. • Analytical chemistry for the characteristics of hazardous materials. • Chemistry of hazardous materials • Principals of hazardous materials. • Elements of health and safety for effective hazardous materials management. • Regulatory framework for hazardous and toxic substances. • Hazardous materials emergency preparedness. Tvnisha Dorhan-Lead Dispatcher Experience 2004-Present Innovative Waste Control, Inc. Lead Dispatcher • Build and maintain driver routes • Dispatch drivers • Receive dispatch calls • Handle service change orders • Review dispatch logs • Review driver's paperwork • Handle Customer. conflict or con 1999-2004"' First Class Limousine Services 3 General Office Clerk and. Dispatcher n "" • Route drivers R • Secure reservations _ • Management of clients accounts • Answer phones, • Handle customer conflicts Tammy Griffiths -Office and Dispatch Manager Experience 10/2000-Present Innovative Waste Control, Inc. Office Manager and Bookkeeper • Train and manage scale house and office workers, in customer service, computer software, and company protocol. Full charge bookkeeper. Including all accounts receivable and accounts payable tasks. • Manage billing for 37, 500 tons per month Solid Waste facility. • Customer service including setting up of new accounts, reconciliation, and special projects. • Work with various government agencies in compiling multiple reports to meet any and all local, county, and state and federal regulations. •. Handle collection calls for all past due accounts. • File and manage all interoffice data pertaining to customers, daily operations, recycling reports, and company information. • Manage Human Resource tasks including compiling employee files, payroll and workers compensation. • Maintain maintenance, service and inspection records for trucks, trailers and other on site machines. • Daily task of running the scale house including: logging in and. out vehicles, answering phones and interoffice data. Education Multiple classes in management, bookkeeping and accounting including: • Bookkeeping Principles/Practices , • Management: Theory, Practice, Applica" n r • Skills for Professional Developme • Organizational Behavior •. Critical Thinking: Strategies in $cisio • Economics for Business • Financial Accounting • Corporate Finance m. • Contemporary Business LaY= • Accounting Information Sys Other distinctive Classes include: 0 Probability & Statistics • Handling Conflict in Cross -Cultural Relationships • Logic &_ Critical Thinking 1999-2004 Associates Degree, Cypress Community College David Hopkins Jr. -Yard and Transportation Manager Experience 03/2005-Present Innovative Waste Control, Inc. Yard and Transportation Manager - • Daily Supervision of Drivers • Daily Supervision of Yard Workers • Route and Operational Changes • Upkeep of maintenance program • Schedules various repair services • Reviews drivers paperwork • Inspects job sites • Inspects containers • Onsite Collections of waste streams for testing Conflicts with employees or customers 1997-03/2005 David Hokpins Trucking POLICYHOLDER.'"OPY 1 STATE 'P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2005 GROUP: 000481 POLICY NUMBER: 0000253-2005 CERTIFICATE ID: 15 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 CITY OF VERNON Sc ATTN JOAN FRANCONE RISK MANAGER 4305 SANTA FE AVE VERNON CA 90058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - HAROLD ARTHUR ARSENIAN, PRS TR SC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER INNOVATIVE WASTE CONTROL, INC SC 4133 BANDINI BLVD LOS ANGELES CA 90023 PRINTED : 09-17-2005 M0409 S (REV.2-051 POLICYHOLDER-''!OPY STATE - P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2005 GROUP: 000481 POLICY NUMBER: 0000253-2005 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 CITY OF VERNON SC DEPT OF BUILDING & SAFETY BUSINESS LICENSE 4305 SANTA FE VERNON CA 90058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. k,,� e, wt, AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - HAROLD ARTHUR ARSENIAN, PRS TR SC - EXCLUDED. ENDORSEMENT ,#2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2000 IS �—'ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER INNOVATIVE WASTE CONTROL, INC SC 4133 BANDINI BLVD LOS ANGELES CA 90023 M0409 (Pry I_nrt PRINTED : 09-17-2005 ACORD- CERTIFICATE OF LIABILITY INSURANCE 0DATE 6I2416/241MlDDIYYYY 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Llc# 0351162 *** 818-251.3000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P(� cox 4367 Wbvdland Hills, CA 91367 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Steadfast Insurance Company Lemac Innovative Waste Control, Inc. INSURER e: Zurich American Ins. 4133 Bandini Boulevard INsuRERc: Fireman's Fund McGee Los Angeles, CA 90023 INSURER D: INSURER E: *Except 10 days non-pav COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD POLICY EXPIRATION DATE (MMIDD/YY1, LIMITS A GENERAL LIABILITY GPL377629406 04/28/05 04/28/06 EACH OCCURRENCE $2 000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DAMAGE TO RENTED MISE RE S (Fa occurrence) $50000 MED EXP (Any one person) $5 OOO PERSONAL & ADV INJURY $1 00O 000 X BFPD/XCU X Contractual GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2 000 000 POLICY n PRO- JE LOC B AUTOMOBILE LIABILITY X ANY AUTO BAP362909105 02/10/05 02/10/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE ]RETENTION $ $ Ka WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ C OTHER Leased/Rent MX198305872 06/24/05 06/24/06 $125,000 Special Form Equipment Subj to $1,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Solid Waste Franchise Agreement Certificate holder Is included as additional insured as evidenced by attached endorsement. City of Vernon Attn: Joan Francone, Risk Mgmt. 4305 Sant Fe Avenue Los Angeles, CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT14 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRI TO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALI IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Endorsement #2 Additional Insured — Owners, Lessees or Contractors — Automatic Status When Required in a Construction Agreement With You )VERAGE PART ONE — COMMERCIAL GENERAL LIABILITY 0 ZURICH Policy No. Eff Date of Pol. I Exp. Date of PoL ME Date of End. Broker Add'I Prem. Return Preen GPL3776294-06 04/28/2005 04/l8/2006 04/28/2005 09-796 None None Named Insured and Mailing Address Innovative Waste Control, Inc. 4133 Bardini Blvd. Vernon, CA 90023 Broker: Lemac & Associates, Inc. 600 City Parkway West, Ste 240 Orange, CA 92868 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy In consideration ofthe payment of premium and the Deductible by you and in reliance upon the statement in the Application made a part hereof; we agree with you, subject to all the terms, exclusions and conditions that with respect to COVERAGE PART ONE -COMMERCIAL GENERAL LIABILITY and the coverage provided by tins endorsement: 1. Who is an Insured (Section I.) in the COMMON POLICY PROVISIONS is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, prior to the performance ofthose operations, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising our ofyour ongoing operations performed for that insured and only if the "claim" or "suit' would otherwise be covered under the terms and conditions of this policy. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. The coverage provided by this endorsement shall not apply to "Claims" or "suits" based upon or arising from the negligence, or act, error or omission ofthe person or organization included as an additional insred by this endorsement Both you and the person or organization included as ad additional insured by this endorsement agree to cooperate with each other and us with respect to all aspects of coverage provided under this policy. In the event that you and the person or organization included as an insured by this endorsement are named as defendants in a "claim" or "suit", and are both entitled to defense under this policy for such "claim" or "suit", we shall provide common counsel to represent you and such person or organization in a joint defense. If you and such person or organization adopt positions materially adverse to each other vulflr respect to the "claim" or "suit", we shall provide the defense and make payments for "Claim expense(sy, or any other associated costs of defense payable under this policy, only to you from the point of adversity forward. The rights and obligations above shall apply in any proceeding and in any forum in which you and the person or organization included as an insured by this endorsement are a party to a "claim" or "suit". 2. Exclusions (Section 11) in Coverages A. and B. of COVERAGE PART ONE — COMMERCIAL, GENERAL LIABILITY is amended by the addition ofthe following exclusion: "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment finmished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf ofthe additional insured(s) at the site ofthe operations has been completed; or b. That portion of "your work" out of which the injury or "damage" arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operation for a principal as part ofthe same ro.ect ALL OTHER TE j1AND CONDI 0NI OF THE POLICY SHALL APPLY fined by:X.�f� /�.�-� Cl Authorized Representative Date Copyright 2002 by Zurich Insurance Company STF-ESP-101-A-CW (04/02) All rights reserved. No part of this document covered by the copyrights hereon may be reproduced or copied in any form by any means — graphic, electronic, or mechanical, including photocopying, taping or information storage and retrieval systems — without written permissions of the Zurich Insurance AND REMAIN UNCHANGED. Company. .1 ( 9 O M a STATE OF CALIFORNIA DEPARTMENfOFCALIFORNIA HIGHWAY P SAFETY COMPLIANCE TERMINAL RECORD UP CHP 343 (Rev. 10-00) OPI 062 ATROL REPORT/ NEW TERMINAL INFORMATION CA NUMBER FILE CODE NUMBER COUNTY CODE DATE 0 Yes ❑ No 189921 279073 19 CARRIER TYPE CODE OTHER PROGRAM LOCATION CODE _ SUBAREA tick ` _ W 535 S16 TERMINAL NAME TELEPHONE NUMBER (W/AREA CODE) Innovative Waste Control, Inc.. (323) 264-0202 STREET ADDRESS (NUMBER, STREET, CITY, ZIP CODE) --- 4133 Bandini Blvd., Vernon, CA 90023 MAILING ADDRESS (NUMBER, STREET, CITY, ZIP CODE) (IF DIFFERENT FROM ABOVE 1 It%CRICC ARIA CI CCT IRICA11MIR• ATI 1 HM LIC. NO. HVYr REG. NO. 3924 IMS LIC. NO. TRUCKS AND TYPES 6- S, X TRAILERS AND TYPES 6- V BUSES BY TYPE 1- 11- DRIVERS 4 ExP7-DATE-- 3/31/2005 ❑✓ Yes ❑ No Harold Arsenian cmcicvcrva, i wlv I Hv I S fin t;anrna vroer or vrererence► 264-0202 Cell# (323) 855-7153 ESTIMATED CALIFORNIA MILEAGE FOR THIS TERMINAL FOR LAST YEAR [ .2003 ❑A UNDER B 15,0A C 50,001 D 100,001 E 500,001 F 1,000,001 G 2,000,001 H 5,000,001 I MORE THAN 15,000 ❑ 50,000 ❑ 100,000 ❑ 500,000 ❑ 1,G00,000 ❑ 2,000,000 ❑ 5,000,000 ❑ 10,000,000 ❑ 10,000,000 ADCDA111"IRIr-1 AIITunolT.cc. PUC T- T- TCP -- - -- TCP US DOT PSC PSC 671232 ICC MC MC MCP REASON FOR INSPECTION Mx Mx_ y Yes 13 171 NIA Renewal BIT Inspection INSPECTION FINDINGS INSPECTION RATINGS: S=Satisfactory U=Unsatisfactory C=Conditional UR=Unrated N/A -Not Applicable REQMTS VIOL MAINTENANCE PROGRAM DRIVER RECORDS REG. EQUIPMENT HAZARDOUS MATERIALS TERMINAL MAINTENANCE PROGRAM 2 1 u/r 2 S 3 S 4 1 U/r 2 S 3 S 4 1 u/r 2 S 3 S 4 1 u/r 2 S 3 S 4 S S _ 1 u/r 2 3 4 DRIVER RECORDS No. 6 Time No. 4 Time _ No. 6 Time Time limeln me u DRIVER HOURS HAZARDOUS MATERIALS ❑ CONTAINERS/TANKS VEHICLES PLACED OUT OF SERVICE No HM Transported 0 No HM Violations Noted No. Time Vehicles Units BRAKES 3 REMARKS LAMPS & SIGNALS 3 34505.5(a) VC Carrier does not perform periodic vehicle inspections at least every 90 days, or CONNECTING 0 ICES more often if necessary to ensure safe operation. Carrier does not perform inspections on trailers.. 13CCR 1215(f) Carrier does not repair defect(s) reported on the driver's daily vehicle condition reports, and attest to the repair by signing or having an authorized agent sign the reports. Defects STEERING & SUSPENSION TIRES & WHEELS or deficiencies reported on drivers' daily vehicle condition reports that are likely to affect the safe EQUIPMENT REQUIREMENTS 6 p O eration of the motor vehicle or combination are required to be repaired prior to the returning to operation. The motor carrier or an authorized agent shall certify on the report that necessary repairs CONTAINERS & TANKS have been completed prior to the vehicle returns to operation. HAZARDOUS MATERIALS BIT NON -BIT FEE DUE CHP INSPECTION LOCATION (NUMBER, STREET, CITY OR COUNTY) I ❑ R ❑ JE1 Yes No ❑ =CHP1 INSPECTED BY (NAME) ID NUMBER INSPECTION DATES) 104/19/04 SUSPENSE DATE Lori Pielock A04266 0 Auto ❑ None ... v.� vry Mv_, VCri 11rn'A I IV►V I hereby certify that all violations described hereon and recorded on the attached p es (2 through) will be corrected in accordance with applicable provisions of the California Vehicle Code and the Calif la Code of Regulations. I derstand that I may request a review of an unsatisfactory rating by contacting the Motor Carrier Safety Unit Supervisor at (323 644-9557 within 5 c endar days of the rating. CURRENT TERMINAL RATING CA R EPRESENTATIVE'S SIG E DATE Satisfactory X 1 04/19/04 CARRIER REPRESENTATIVE'S PRINTED NAME ITL DRIVER LICENSE NUMBER STATE Tammy Griffiths O i e Manager Des roy Previous Editions Sl rkTE OF CAQFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CONTINUATION CHP 343-1 (REV 10-97) OPI 062 innovative Waste Control, Inc. 4133 Bandini Blvd., Vernon, CA 90023 REMARKS rage z of y rduetj 04/19/04 J CHP 343 189921 FC NUMBER 279073 13 CCR 1233.5 Carrier is required to notify the Department of any change of address or cessation of regulated activity at any terminal. Carrier shall notify the. Department in writing of any change of address or cessation of regulated activities at any of the carrier's terminals, Such notification shall be made within 15 days of the change and shall be forwarded to: California Highway Patrol Commercial Records Unit P: O. Box 942898 Sacramento, CA 94298-0001 CARRIER (NAME OR TERMINAL FILE CONTROL NUMBER) ` Innovative Waste Control, Inc. PAGE 3 OF 4 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL INSPECTION ADDRESS VEHICLE/EQUIPMENT INSPECTION REPORT 4133 Bandini Blvd. MOTOR CARRIER SAFETY OPERATIONS CHP 343A (Rev 4-91) OPI 062 CITY OR COUNTY Vernon, CA 90023 DATE 4/19/2004 MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUE 3 Axle Tractor White GMC 5601 9D02640 . I D MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TY� 2 Axle Trailer(V) Strick 1 4DE9644 TANK/CONTAINER MAKE SPEC./TYPE SERIAL NUMBER/UNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessea CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks **Level II Only ** V-1 Vehicle displays a current CVSA sticker 09885295, issued during inspection dated 2/19/04, CHIP 407F CA 90OC9514 reviewed. **Level II Only ** V-2 Vehicle displays a current CVSA sticker 09885295, issued during inspection dated 2/19/04, CHIP 467F CA 90OC9514 reviewed. 13 CCR 1232(a) Axle two left side one of ten lug nuts missing. 24608 VC Right and left side front side reflectors required. 3 Axle Front loader MAKE White GMC EQUIPMENT NUMBER 6C46773 LICENSE NUMBER VIN ODOMETER TYPE FUEL D MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUEL TANKICONTAINER MAKE SPEC./TYPE SERIAL NUMBER/UNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks V-1 13 CCR 1232(a) City horn inoperative. (Air horn okay) 24608 VC Right -and left side rear side reflectors required.. 13 CCR 1232(a) Cross member behind axle three left side cracked at frame. 26453 VC Applied air leak at axle three left side service brake chamber. 27600 VC Mud flaps two short. (Should be 10 inches from ground — bottom of flap 17 inches from ground) t3Y Lori Pielock _ A04266 previous " ' CARRIER (NAME OR TERMINAL FILE CONTROL NUMBER) Innovative Waste Control, Inc. PAGE 4 OF 4 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL INSPECTION ADDRESS VEHICLEIEQUIPMENT INSPECTION REPORT 4133 Bandini Blvd. MOTOR CARRIER SAFETY OPERATIONS CHIP 343A (Rev 4-91) OPI 062 CITY OR COUNTY DATE Vernon, CA 90023 4/19/2004 MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUI 2 Axle Trailer (V) 2 Axle Trailer (V) Star MAKE Star 1 WZ8051 EQUIPMENT NUMBER LICENSE NUMBER 1 WZ8052 VIN ODOMETER TYPE FUI D _ TANK/CONTAINER MAKE SPEC.1TYPE SERIAL NUMBER/UNIT NUMBER CT NUMBER _ VRS Test ❑ Certified ❑ witnesse( CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks V-1 24608 VC Left side rear side reflector required. 13 CCR 1245(k)(2) Applied air leak axle one left side at service brake fitting. V-2 13 CCR 1232(a) Several cross members cracked. 3 Axle Truck (RO) MAKE White GMC EQUIPMENT NUMBER 6X51951 LICENSE NUMBER VIN ODOMETER TYPE FUEI i D MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER I TYPE FUII TANKICONTAINER MAKE SPEC.ITYPF_ 1 SERIAL NUMBERIUNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE I CERTiFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks V-1 13 CCR 1232(c) Excessive oil and grease on chassis. 13 CCR 1245(c)(2) Air reservoirs between axle two and three have no drains. Plugs only. INSPECTED BY Lori Pielock ___ �A04266 STXg OF CA4IFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CARRIER INSPECTION CHP 343ri (Rev 7-9R) 'OPI ntii7 ❑ This report contains CONFIDENTIAL pages CARRIER NAME CA NUMBER LOC. CODE SUBAREA Innovative Waste Control, Inc. 189921 535 S16 STREET ADDRESS, CITY, STATE, ZIP CODE PHONE NUMBER DATE 4133 Bandini Blvd., Vernon, CA 90023 (323) 264-0202 4/19/2004 CARRIER REPRESENTATIVE TITLE TIME IN TIME OUT Tammy Griffiths Office Manger INSPECTION LOCATION (IF OTHER THAN THE CARRIER'S PRINCIPAL PLACE OF BUSINESS) CHP 100 D CARRIER TYPE COLUMN NUMBER P1 Truck ❑ Bus On this date, the above named motor carrier was inspected by the California Highway Patrol. The inspection evaluated the carrier's compliance with the following requirements: Q CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROGRAM IVC 34520 & 49 CFR 3821 ❑ OTHER: REMARKS 34520 VC (49 CFR 382.307(c)) Carrier's failed to have a supervisor or company official trained in accordance of 382.603 make the observation for controlled substance and/or alcohol reasonable suspicion testing. Carrier shall ensure that only supervisors and company officials trained in accordance with 382.603 be used for observation and determination of reasonable suspicion of controlled substance and/or alcohol noncompliance. Carrier is enrolled with the following consortium: Immediate Medical Care Facility 6538 Telegraph Road Commerce, CA 90040 (323) 726-3212 As a result of the inspection noted above, this carrier was assigned a compliance rating of Satisfactory . This rating applies only to carrier requirements - Terminals are rated separately. RATING HISTORY NUMBER OF RECORDS INSPECTED NUMBER OF VIOLATIONS CHP 345 ISSUED t u/r 2 S 3 4 3 1 uvorc. c� o r Irvnmc� ID NUMBER I INSE DATE Lori Pielock A04266 Auto None MOTOR CARRIER CERTIFICATION I hereby certify that all violations recorded hereon and on the attached pages 2 through will be corrected in accordance with applicable provisions of the California Vehicle Code and the California Code of Regulations. I understand that I may request a review of an unsatisfactory rating by contacting the Southern Division Motor Carrier Safety Unit Supervisor at (323) 644-9557 within 5 calendar days of the rating. Tamoy Griffiths Office Manager LICENSE NUMBER AND STATE DATE 4/19/2004 cn CD a• 0 0 00 Municipalities Contact Information and License The following is contact information for five municipalities: City of Commerce (Note: DBA: Sav-Way Disposal Company) 2535 Commerce Way Commerce, CA. 90040 Contact: Alice Castillo Ph. (323) 722-4805 ext. 2331 County of Los Angeles 900 South Fremont Ave. Annex 3`d Floor Alhambra, Ca. 91803 Contact: Siya Araumi Ph. (626) 458-4991 City of Los Angeles 433 S. Spring Street 5"' Floor, MS #944 Los Angeles, CA. 90013 Contact: Carol Parker Ph. (213) 473-8154 City of Long Beach . 333 West Ocean Blvd. Long Beach, CA. 90802 Contact: Sara Pruthi Ph. (562) 570-2851 City of Vernon 4305 South -Santa Fe Ave. Vernon, CA,, 90058 Contact: Lewis Pozzebon Ph. (323) 583-8811 ... b 33 tiy,..na.ua - ,y�_ � � �..h��::•- ¢� Leh . . . . . . . ....... . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . ......... . . . . . . . . . . . . . . . . . . ...... .A is W so Lu CO LU 0 W, Ci J: LU .q 10, LL 8 F (f) 0 -�S. ag. I- CD WLL, .0 ts LU IL mg Ul LL U) z 0 z R t3l' No- C tu AS R E 0 0. _ 2 ca .8 Im co w p 0 aW z 0 M E 0 4D (9 0, ID y E < IL ui co co m0 s < .0U z 0 z Ef P ao E i�7 2 < < LLJ (a C#) 0 w co 0 Ci) C3m , z C.) n-C'j (j) < cl w j) 10 LU z X w IL z 0 0— m w Lu� E Z - (0 Uw) US (1) V) 1 o U) a. w z LU z eL m Ro M, 3 W az wI-- wPL a a �- H C �a a G w� �x x ►- 0 E- H L' rYa� Fi rH rq I J O4hO 8° Z w a F- F t1 VI in BOARD OF 'PUBLIC WORKS COMMISSIONERS VALERIE LYNNE SHAW PRESIDENT ELLEN STEIN VICE PRESIDENT YOLANDA FUENTES RONALD LOW JANICE WOOD Innovative Waste Control, Inc. 4133 Bandini Blvd Vernon,, CA 90023- Attention: Harold Arsenian CITY OF Los ANGELES CALIFORNIA JAMES K. HAHN MAYOR June 10, 2005 SOLID WASTE HAULING PERMIT FOR YEAR 2005-2006 DEPARTMENT OF PUBLIC WORKS BUREAU OF SANITATION RITA L. ROBINSON DIRECTOR JOSEPH E. MUNDINE EXECUTIVE OFFICER VAROUJ S. ABKIAN TRACI J. MINAMIDE ENRIQUE C. ZALDIVAR ASSISTANT DIRECTORS NEIL M. GUGLIELMO DIVISION MANAGER 433 South Spring Street. Suite 500 Los Angeles. CA 90013 Telephone: (213) 473-8228 Facsimile: (213) 473-8232 E•mell: srcrdf�wwWsan. I acltv.ora W ehsit a' laril v can nrn Your application/renewal for a Private Waste Hauler Permit has been approved by the City of Los Angeles. Your permit number for fiscal year 2005-2006 is 06029. Please reference this number in any correspondence to the City related to the private waste hauler permit program. We have enclosed 5 decal(s), the same amount as the number of vehicles that was reported in your permit application/renewal. Should you need more decals for new or replacement vehicles, you may request additional decals in writing. Please be advised that this permit is good until June 30, 2006. All haulers and contractors that collect, transport, and/or dispose more than 1,000 tons of solid waste per year are required to pay the AB939 Compliance Fee equivalent to 10% of gross receipts. We have enclosed four copies of the Quarterly Payment form that must accompany the quarterly fee payments. Payments are due to our office within thirty days after the end of each calendar quarter. Permitted haulers that take materials to City -certified processors may be eligible for rebates. Please refer to the Permitted Hauler Rebate Program Instructions for details. Information is also available online at www.lacity.org/san/ab939-compliance-fee.htm. When submitting your quarterly payments please note that gross receipts are based on an accrual basis, not cash. In addition, when calculating gross receipts the passed on fee should not be included. For example, if a customer's bill was $100 and is now charged $100 plus the $10,fee ($110 total), the gross receipts is based on $100, not $110. Should you have any questions, please call Daniel K. Meyers of my staff at (213) 473-8158. Sincerely, Neil M. Guglielmo, Division Manager Solid Resources Citywide Recycling Division RLR:NMG:DKM:bsn Attachments File 4.2 R:\Hauler Fee\Permit Approval Lettgr Form Year 05-06.doc N Q a) <Co00 Co co °o Ln O rdi vi y N O d' U U) (� �-o ON QN dm N IO LL. €1 U Z J Z O w M j o coW W ZQ > pU > mo M zZ C,) w :m LD m v a z a c c JL N N in m U) co w z in z _O a toi W o J o oO J N a0 r W E o Q LL > J O U) U) W Z CO W 2 _Z w� w C9 U_ z OZ F- 0 E- O �w w CL f� o. Q w n o J z o w'� =O D)� U QH ZZ >O m Q z� O �-.in OU Q. U) Xw Oc UIx O> �Q LL z 0 w a w H LO �C) r- o —0 O N QO N LLa N y U— la LL 4-1 v 0(D _ J y 00 w U U� r• N r� z JO r r � d F- C Z r 0 ui ( in N jJ O CO OOi > pU rye > g p z w ILI LD o )q v v _ to CO W J U o 2 W Ln O Z N i N p a Z O M (V N t-- co c- �0)00 N OO � ~ W ~ U) O W o _M O J o CUD t}O O W N O0 0 N *kk z U - IL Z IL Lij U)i U)i co vWi U)i Z Z Z Z Z o Uj o W W W W W LL Q LL U U U U U > 0 > J O U) U) U) W Z U) D CIO _Z W O W C7 _U W OD .W uja aw I Q m ZQ OLU LU m 00 jL W 0p O� U O> �Q U- z O W a w F- m U 2 City of. Vernon ENVIRONMENTAL HEALTH DEPARTMENT DecemlSer 5, 2000 Innovative Waste Control, Inc. . 4133 Bandini Blvd. Vernon, CA 90023 Attn: Harold Arsenian, President 43Q5 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 APPROVED NON->EXCI,USIVE FRANCHISE AGREEMENT Dear Mr. Arsenian: The Vernon City Council has approved your firm's standard non-exclusive franchise agreement for solid waste management services within the City of Vernon. To complete the franchising process please do the following:. • Submit fee payment for a Vernon Health Permit for a waste collection business. • Contact this office to moe arrangements to have you waste collection vehicles inspected and certified. 4- Please remember that under the terms. of the agreement, your firm is required to do the following: ► Report the tonnage of solid waste hauled for Vernon customers. ► Report the gross receipts received from Vernon customers for solid waste hauling. ► Remit a franchise fee equal to a certain percentage of these gross receipts (10% by City Council Resolution). 1. ► On a quarterly basis, send the reports on tonnage and gross receipts, and the franchise fee to the city. (Address to: City of Vernon Health Department, 4305 S. Santa Fe Avenue, Vernon, CA 90058). Reports must be submitted even if you haul no solid waste during a particular quarter. y R cri-i t, -j:e oils and seees on or before the last day of the Inoiith following the end of he quai ier De:rig reported upon. Fees received after the last day of the month following the quarter are subject to a 10% per month late payment fee. You will soon be receiving blank forms which shall be used to report quarterly tonnage and gross receipts figures, and calculate the quarterly franchise fees. The first report and franchise fee for January, February, and March, 2001 will be due on or before April 30, 2001. If you have any questions, please contact David Davis of MSW Consultants at 909/296-2839 or the Vernon Health. Department at 323/583-8811. " ® xc: Mr. David Davis, MSW Consultants si i : solid wastelapproved agreement.ltr 1 rl Op Disclosure Statement and Conflict of Interest Agreement Harold. Arsenian is the owner and President of Innovative Waste Control, Inc. He is also the owner and President of Harold Arsenian, L.L.C., a consulting firm that under the Vernon City Council Resolution No. 8691 is assisting the City with various capital projects, including renewable energy projects. This disclosure is included to conform with the conflicts of interest portion (section 8) of the consulting agreement between The City of Vernon and Harold Arsenian, L.L.C. Section 8 Conflicts of Interest In the event that a potential. conflict should arise between the interests of the City and the interests of any one of Consultant's other clients, during Consultant's performance of services under this Agreement, Consultant shall notify City of such potential conflict. Notice of the existence of a potential conflict shall be given in writing to City within ten (10) days of the perceived conflict. Theconflict of interest letter shall specify when the potential conflict arose, the identity of the other party (ies) and the facts that give rise to the potential conflict. In the event that a potential conflict on interest is deemed by City to be an actual conflict of interest, City may, at its discretion, terminate this Agreement immediately. �g S $ P # io hid 9 S CITY OF VERNON BID FORM FOR SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES Price Quotes: Note: All quotes must take into account the City's franchise fee (Currently 10-percent on all gross receipts for solid waste collection and disposal). City Hall Item 1 - 4305 Santa Fe Avenue: Two (2) three (3) yard, bins to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 0.00 Item 2 — 4305 Santa Fe Avenue: Four (4) three (3) yard bins to be picked up five (5) times per week (Monday -Friday) for regular solid waste. Cost Per Month: $ 675.00 City Apartments _Item 3 — 3376-3390 501h Street: One (1) two (2) yard container to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 45.00 Item 4 — 3376-3390 501h Street: One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 45 .00 Recycline Center Item 5 — 2221 East 551h Street: Three (3) forty (40) yard roll -off containers to be picked up on an as needed basis for regular solid waste. Hauling Fee Per Load: $ 50.00 TON: Dumping Fee Per LNK(k $ 3 6.7 7 Item 6 — 2221 East.55`h Street: One (1) forty (40) roll -off container to be picked up on an as needed basis for green -waste materials. • Hauling Fee Per Load: $ 120.00 TON: • Dumping Fee Per Md� $ 12.10 b Item 7 — 2221 East 551h Street: One (1) forty (40) yard roll -off container to be picked up on an as needed basis for waste tires. • Hauling Fee Per Load: $ 120.00 TON: • Durnping Fee Per TK1: $ 48.00 Light & Power Item 8 — 2715 East 50th Street: One (1) three (3) yard bin to be picked up two (2) times per week for regular solid waste. Cost Per Month: $ 90.00 Item 9 — 5001 Soto Street: One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 45 .00 Item 10 — 5001 Soto Street: One (1) three (3) yard bin to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 0.00 Petrelli Electric Item 11 — 2323 East Vernon Avenue: One (1) four (4) yard bin to be picked up two (2) times per week for regular solid waste. Cost Per Month: $ 62.00 Item 12 — 2800 Soto Street: -One (1) forty (40) yard roll -off container to be picked up on an as needed basis for regular solid waste. • Hauling Fee Per Load: $ 50.00 TON: • Dumping Fee Per Imaij; $ 36.77 Fire Stations Item 13 —3375 Fruitland Avenue (Fire Station 1): Two (2) three (3) yard bins to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 90.00 7 " I Item 14 —4301 Santa Fe Avenue (Fire Station 2): One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 4.5 -00 Item 15 —2800 Soto Street (Fire Station 3): Two (2) three (3) yard bins to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 90.00 Item 16 —2800 Soto Street (Fire Station 3): One (1) three (3) yard bin to be picked up one time per week for recyclable materials. ; Cost Per Month: $ "0.00 Item 17 —4530 Bandini Blvd (Fire Station 4): One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 45.00 Total Cost Per Month:. $ 1232.00 City Housing (Single Family Homes) Item A — (Please see list of addresses — Page 5): One (1) 60-gallon container per single family home to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 11 .00 Item B - (Please see list of addresses — Page 5): One (1) 60-gallon container per single family home to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 0.00 EXHIBIT B EXHIB,, CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONTRACTOR REQUESTED BY: You are herebv directed to make the herein described changes from the original scope of work of this agreement. Contract Amount (Base Bid) .... ...... .................................. $ Amount of This Change Order ..... $ Amount of Previous Change Orders .................................... $ Total Change Orders . ........... . .. ........................... . ...... $ Modified Agreement Amount .. . ... . .......... $ By reason of this order the time of completion will be adjusted as follows: Approved: Date: Acting City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Acting City Clerk/Purchasing/Project File/Contractor CITY COUNCIL LEONIS C. MALBURG SOL BENUDIZ Mayor Police Chief P THOMAS A. YBARRA I - MARK C. WHITWORTH Mayor Pro —Tern P Acting Fire Chief r;; WM. `BILL" DAVIS + ; ' _ ��� LEWIS J. POZZEBON Councilman � ,� � � � i O J Director of Environmental Health H. "LARRY" GONZALES S. KEVIN WILSON Councilman 4g% * m r Director of Community Services W. MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058 SHARON L. DUCKWORTH Councilman telephone (323) 583-8811 Acting City Treasurer June 28, 2006 Innovative Waste Control, Inc. Attn: Mr. Harold Arsenian, Owner 4133 Bandini Blvd Vernon, CA 90023 Re: Services Agreement Dear Mr. Arsenian: Transmitted herewith is a fully executed services agreement as referenced above, approved by City Council on June 21, 2006, through Resolution No. 9074. If you have any questions regarding this matter, please call Mr. Kevin Wilson, at (323) 583-8811 ext. 245. Very truly yours, f Nelly G o Deputy City Clerk NG:dr c: S. Kevin Wilson Dolores Jaunzemis Resolution No. 9074 Agreement File No. 06-072 'Exclogively Ungtirial SERVICES AGREEMENT This AGREEMENT ("Agreement") 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 21s' day of June 2006, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN CITY OF VERNON, a municipal corporation, hereinafter referred to as the "City" 4305 Santa Fe Avenue Vernon, California 90058 AND INNOVATIVE WASTE CONTROL, INC., an independent contractor, hereinafter referred to as the "Contractor" 4133 Bandini Boulevard Vernon, California 90023 RECITALS WHEREAS, the City has determined to retain the services of an independent contractor to perform solid waste collection, disposal and recycling services for all City facilities and all residential properties within the City; and WHEREAS, Contractor has prepared a proposal dated December 15, 2005, for the Services, a copy of which is attached hereto as Exhibit A and incorporated by this reference (the "Proposal"); and WHEREAS, Contractor represents that it is qualified and capable of furnishing the labor, materials and expertise necessary to perform the Services that the City requires, as set forth in this Agreement, and is willing to do so on the terms and conditions set forth below; and WHEREAS, the Services have been bid, and Contractor's cost proposal is acceptable to the City; and WHEREAS, the City desires to enter into an agreement with Contractor to solid waste collection, disposal and recycling services for all City facilities and all residential properties within the City on a contract basis as defined in the terms and conditions set forth below. Page 1 of 17 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. TERM OF CONTRACT 1.01. This Agreement will become effective on August 1, 2006 and will continue in effect for a period of one (1) year or until terminated as provided in this Agreement. SECTION 2. DEFINITION OF TERMS 2.01. Whenever used in the Agreement, the following terms shall mean: A. "Agreement" shall mean that formally executed Services Agreement or Contract which includes the Contract Documents attached. The Agreement constitutes the entire Agreement between the parties relating to its subject matter. B. "City" shall mean the City of Vernon, California, the entity which has executed the Agreement and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. C. "Contractor" shall mean Innovative Waste Control, Inc. and, where applicable, its affiliated companies, and its officers, directors, employees, representatives and agents. D. "Contract Documents" shall include any inquiry, invitation to bid, or proposal which may have, but not necessarily, preceded execution of the Agreement, and including the General Provisions and all exhibits and schedules attached to the Agreement and all plans and specifications identified in the Contract Documents. E. "Contract Price" shall mean the compensation set forth or provided for in Sections 4.01 and 4.02 of this Agreement. Whether it expressly provides for the reimbursement of costs incurred by Contractor or simply for the payment of a lump sum of money, it is intended to be the full and complete payment for satisfactory completion of the work and, unless otherwise stated, to cover all costs whether for materials, equipment, tools, labor, services and taxes and all overhead, rentals and profit or fee, if any. F. "General Provisions" or "General Conditions" shall mean the General Provisions as set forth in this Agreement. G. "Premises" shall mean the physical premises under City's control or ownership where Work hereunder is to be performed. Page 2 of 17 H. "Proprietary Information" and "Confidential Information" shall mean all information, whether written or oral, which Contractor acquires from, through or on behalf of City, directly or indirectly, or which arises out of the Work, concerning the Work or proprietary processes involved in the Work including, without limitation, information concerning past, present or future business plans of City, information about the operations of City's Premises, and other City information or know-how obtained during the work, except information falling into any of the following categories: 1. Information which, at the time of disclosure hereunder, is in the public domain; 2. Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of Contractor's, or any entity within Contractor's control, breach of this Agreement; 3. Information which, prior to disclosure hereunder, was already in Contractor's possession without limitation regarding disclosure to others; or 4. Information which, subsequent to disclosure hereunder, is obtained by Contractor from a third party who is lawfully in possession of such information and not subject to a contractual or fiduciary relationship to City with respect to said information and who does not require Contractor to agree to refrain from disclosing such information to others. I. "Subcontractor" shall mean any first or lower -tier subcontractor and its employees, representatives, agents, subcontractors or other personnel who have been approved in the manner required by this Agreement. J. "Work" or "Services" shall mean the services performed by Contractor as more specifically delineated in Section 3 below. SECTION 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services 3.01 Contractor agrees to perform solid waste collection, disposal and recycling services for all City facilities and all residential properties within the City. The Contractor's Services are more specifically described in the Proposal attached hereto as Exhibit "A" and incorporated herein by this reference. Page 3 of 17 r 3.02. Contractor shall be responsible for traffic control on the Work site when necessary and shall take all precautions to ensure the safety of pedestrians, vehicular traffic, and personnel. Change of Services 3.03. City may at any time, by written change order executed by the City, make changes only to extend the work duration and total compensation of Contractor's Work. Changes in the scope of work, or duties and obligations, shall be authorized only by the City. 3.04. City may make changes by increasing, reducing or deviating from the requirements of the scope of Work. A form of Change Order is set forth in Exhibit B attached hereto and incorporated by reference. Timing of Services 3.05. Contractor's Services shall commence upon the execution of this Agreement by both parties and shall continue for a period of one (1) year unless this Agreement is otherwise terminated according to Section 6 of this Agreement or extended upon written agreement of both parties to this Agreement. Method of Performing Services 3.06. Contractor will determine the method, details, and means of performing the above - described Services. Status of Contractor 3.07. Contractor enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Contractor agrees that it is not and will not become an employee, partner, agent, or principal of City while this Agreement is in effect. Contractor agrees it,is not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, and other insurance, worker's compensation, training, permits, and licenses for itself and for its employees and subcontractors. Contractor shall have complete and sole control over its employees, the details of the Services and methods by which the Services are accomplished, it being understood that City is interested only in the results to be obtained by Contractor. 3.08. Contractor has no authority to enter contracts or agreements on behalf of City. This Agreement does not create a partnership or joint venture between the parties. Page 4 of 17 Payment of Taxes 3.09. Contractor is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by City to the Contractor for Services under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor's failure to comply with this provision. 3.10. Payroll taxes including federal, state and local taxes shall not be withheld or paid by City on behalf of Contractor or for the employees of the Contractor. Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax purposes. Contractor shall be responsible to pay taxes mandated by law. 3.11. Since Contractor is not an employee of City, Contractor is not eligible for and shall not participate in any employee benefit of City, including pension, health or other fringe benefits. SECTION 4. COMPENSATION 4.01. In consideration for monthly Services to be performed by Contractor, described in Paragraph 3.01, City agrees to pay Contractor the amount of One Thousand Two Hundred Thirty Two and no/100 Dollars ($1,232.00) per month for all City facilities and Eleven and no/100 Dollars ($11.00) per month for each residence within the City for each month this Agreement is in effect and Contractor provides the Services ("Contract Price"). Entire Compensation 4.02. The Contract Price is full and complete compensation, and constitutes the entire compensation due Contractor for the Services and any and all of Contractor's obligations hereunder. The Contract Price includes without limitation compensation for applicable taxes, customs duties, fees, overheads, profit, travel time to and from the Premises and all other direct and indirect costs incurred or to be incurred by Contractor hereunder. The Contract Price set forth above is not subject to escalation for any reason, except as expressly provided for in this Agreement. No adjustments in compensation shall be made as a result of changes in the value of any currency. The Contract price shall only be adjusted by formal, written Change Order or amendment to this Agreement. Page 5 of 17 r Payment of Compensation 4.03. For Services rendered under Paragraph 3.01 of this Agreement, Contractor shall be entitled to receive monthly payments. Contractor shall submit to City a monthly invoice and statement of Services, prepared in accordance with City requirements, by the fifteenth (15th) of each month, for the prior calendar month's completed Work. The payment shall not exceed the sum set forth in Paragraph 4.01 of this Agreement. City will make payments to Contractor within thirty (30) days after acceptance and approval of the invoice received from Contractor. 4.04. Contractor shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Expenses 4.05. City shall not be liable to Contractor for any expenses paid or incurred by Contractor. Expenses may only be billed if advance written approval has been obtained from the City. Compensation for Changes 4.06. The compensation due Contractor, or the credit due City, for changes may not be established verbally, and shall be established by a written change order signed by City as described in Sections 3.03 and 3.04 of this Agreement. Compensation adjustments in each such change order shall be established by one or more of the following bases, as determined by City: (a) a lump sum price to be negotiated between the parties; or (b) Work unit rates to be negotiated between the parties. Once established, the amount of the compensation due Contractor or credit due City for a change shall not be subject to adjustment for any reason, including changes in the value of any currency. SECTION 5. OBLIGATIONS OF THE PARTIES 5.01. Contractor is responsible for meeting all conditions of this. Agreement and City Standards & Details for all Work performed. Substandard Work, as determined solely by the City, shall be redone at the expense of the Contractor. 5.02. Contractor is responsible for damage resulting from performing repair and clean up of the effected area. 5.03. Contractor will perform the services under this Agreement on City's Premises during regular business hours or as directed by City. Page 6 of 17 Tools, Materials, and Equipment 5.04. Contractor will supply all tools, materials, supplies and equipment required to perform the Services under this Agreement. Liability Insurance 5.05. Contractor and its subcontractor(s), if any, shall, prior to commencement of any Work and for the duration of this Agreement, obtain and maintain at its own expense, those minimum levels of insurance coverage as set forth below. Prior to commencing Work hereunder, Contractor shall provide the City with proof of insurance providing and maintaining the coverages and endorsements set forth below. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. 5.06. The insurance coverage as listed herein shall be properly endorsed to include those contractual obligations which may identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. 5.07. Contractor shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 5.08. Contractor shall ensure its subcontractor(s), if any, maintain those insurance requirements as specified in this Agreement and that the City is endorsed as additional insured(s) on all required Contractor insurance coverages. Contractor and its subcontractor(s), if any, shall maintain in effect the following minimum insurance coverages on an Occurrence Form Policy: A. Workers Compensation within the statutory limits, including occupational illness or disease coverage in accordance with the laws of the nation, state, territory, or province exercising jurisdiction over the Contractor's employees. Workers Compensation and Employers Liability Insurance shall have a minimum limit of $1,000,000 per occurrence. Contractor further agrees to hold harmless and indemnify City for any and all claims arising out of an injury, disability, or death of any of Contractor's employees or agents. B. Comprehensive General Liability Insurance, including, but not limited to, Contractual Liability, Products and Completed Operations Liability, Broad Form Property Damage and Bodily Injury Liability, and Explosion, Collapse and Underground Liability, with a minimum combined single limit of $1,000,000 per occurrence. Page 7 of 17 C. Comprehensive Automobile Insurance, including, but not limited to, all owned, non -owned or hired vehicles with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. D. Excess Liability Insurance with limits of $2,000,000. Such evidence of insurance can either be through the primary insurance coverages or through an excess policy. Such insurance shall at all times be on an occurrence form and provide policy conditions as broad as those required in the primary insurance. 5.09. Contractor agrees to provide insurance in the amounts and forms specified above. Contractor shall submit to the City documentation indicating compliance with these minimum requirements no less than one (1) day prior to the beginning of performance under this Agreement. Contractor shall not commence performance of its Work under this Agreement until the above insurance has been obtained and proof of insurance has been filed with and approved by the City. 5.10. Contractor shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Contractor employs subcontractors as part of the Services rendered, Contractor's protective coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth above. Representations 5.11. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses, judgments, settlements, and penalties, losses, fines, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and all costs of defense, arising out of or attributable to the negligent or wrongful acts of Contractor or its employees or agents under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. The terms of this indemnity shall survive the termination of this Agreement. The obligations in this Paragraph are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. 5.12. Contractor and City represent that each has read and understands the Agreement and Contract Documents. The Contractor represents it understands the City's regulations concerning Premises access, badges, parking, security, safety, fire, prohibited drugs and alcohol, and smoking and other rules, and that Contractor has visited Premises where the Work is to be done and is familiar with the local conditions under which it is to be done. Contractor also represents that it is experienced in performing and competent and Page 8 of 17 r qualified to perform the kind of tasks or assignments included in the Work and employs or has available for employment in sufficient numbers all unskilled, skilled, administrative, supervisory, professional and managerial or other personnel required to perform the Work as required by this Agreement. 5.13. Contractor represents that it has the qualifications and skulls necessary to perform the Work under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the Work under this Agreement will be performed. 5.14. Contractor declares and states that it has complied with and will continue to comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the Services to be performed under this Agreement. 5.15. Contractor agrees to indemnify, defend, and hold City free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorney's fees and costs, that City may incur as a result of a breach by Contractor of any representation or provision contained in this Agreement or any negligent or intentional acts or omissions by Contractor, it subcontractors, agents, and employees. 5.16. Contractor's rights under this Agreement may not be assigned nor may its duties be delegated or subcontracted without the prior written consent of City. Any assignment or delegation or subcontract in violation of this Section shall, at City's sole discretion, be void. Consent by City shall not relieve Contractor of responsibility for performance of Contractor's obligations hereunder. City may assign all or any part of this Agreement at any time effective immediately upon written notification to Contractor. Work Injury 5.17. The treatment and care of injuries sustained by Contractor's employees, subcontractors, agents, representatives or other personnel shall be and remain the responsibility of Contractor. City's first aid facilities, if any, however, will be made available to Contractor's employees in emergency cases which are the direct result of accidents occurring on the Premises. City shall incur no liability for, and Contractor hereby agrees to indemnify City against, any causes of action, claim, liability or costs, including attorney's fees, arising in whole or part out of the furnishing of such first aid or assistance to Contractor's employees, subcontractors, agents, representatives or other personnel, or out of the failure to furnish such facilities or assistance. Page 9 of 17 Records, Inspection and Audit 5.18. During the course of Work being performed, Contractor and any of its subcontractors, shall maintain and retain, not less than three (3) years after completion thereof, complete and accurate records of the Contractor's costs which are chargeable to the City under this Agreement. City or its designated, authorized representatives, shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such records to be maintained and retained by the Contractor shall include: (a) payroll record accounting for the Contractor's employees working full or part time on the Work; (b) invoices for purchases, receiving and issuing documents, and all the other unit - inventory records for the Contractor's stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and any other third parties' charges; and (d) any other documentation City deems necessary to support costs and charges under this Agreement. Corporate Conduct 5.19. Contractor, its employees, agents or representatives shall not offer or give to an officer, official or employee of City, gifts, entertainment, payments, loans or other gratuities to influence the award of a contract or obtain favorable treatment under this Agreement or any other contract. Standard of Care 5.20. Contractor agrees that all services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that services will be performed and rendered diligently. Contractor represents that it has, or shall secure, at its own expense, all personnel required to perform Contractor's Services under this Agreement, but at all times shall be responsible for the Services of such personnel. Contractor may not employ any subcontractor without the prior written approval of the City: Indemnity Process 5.21. The City shall notify Contractor in writing of any suits, claims or demands covered by any indemnity contained in this Agreement. Promptly after receipt of such notice, Contractor shall assume the defense of such claim with counsel reasonably satisfactory to City. If Contractor fails, within a reasonable time after receipt of such notice, to assume the defense with counsel reasonably satisfactory to City, or if, in the reasonable judgment of City, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of City the assumption and conduct of the defense by Contractor would materially and adversely affect City in any manner or.prejudice its ability to conduct a successful defense, then the City shall have the right to undertake the Page 10 of 17 defense, compromise and settlement of such claim for the account and at the expense of Contractor. Notwithstanding the above, if the City in its sole discretion so elects, City may also participate in the defense of such actions by employing counsel at its expense, without waiving the Contractor's obligations to indemnify or defend. Contractor shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of the City and without an unconditional release of all liability by each claimant or plaintiff to the City. Treatment of Confidential and Proprietary Information 5.22. For ten (10) years after the effective date of this Agreement, Contractor shall refrain from using any Confidential or Proprietary Information except in connection with the Work or from disclosing it to any third party other than to employees of Contractor who require it in performance of the Work and except to such other third persons as City may authorize in writing. If disclosure to such an employee or to other third persons is so authorized, Contractor shall enter into with said party a confidentiality agreement containing provisions with respect to use and disclosure of Proprietary Information substantially the same as those contained in this Agreement. 5.23. Contractor shall take reasonable precautions to safeguard any documents containing Proprietary Information which City may supply to Contractor hereunder. Contractor may copy, in whole or part, such documents to the extent necessary for the performance of the Worlc, and Contractor shall return to City upon the completion of the Work or request by City all such documents and copies. Compliance with Authority 5.24. Contractor shall comply with all laws, regulations, executive orders and other applicable requirements of any governmental agencies having jurisdiction including the Fair Labor Standards Act, the Occupational Safety and Health Act and all those relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. 5.25. Contractor shall make timely payment of all employment taxes and of all social security and other contributions of every kind required to be made with respect to or measured by the wages and salaries of persons employed by Contractor. 5.26. Contractor shall indemnify City against, and hold City harmless from, any liability or loss including liability or loss from fines or penalties arising out of Contractor's failure to perform the obligations imposed upon it by Sections 5.24 and 5.25 of the Agreement. Page 11 of 17 Progress Reports 5.27. Contractor shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Contractor under this Agreement. SECTION 6. TERMINATION OF AGREEMENT 6.01. Unless otherwise terminated as provided in this Section, this Agreement will continue in effect for a period of one (1) year after the effective date of this Agreement, unless otherwise extended according to the terms and conditions set forth in this Agreement. Non -Default Termination 6.02. City, at its sole discretion, may terminate this Agreement upon thirty (30) days written Notice to Contractor and such termination shall be effective in the manner specified in such Notice and shall be without prejudice to any claim that either party may have against the other. During the thirty (30) day period after such notice is sent, the parties shall continue to act toward each other in good faith. 6.03. In the event of any such termination, in full and complete settlement for the termination of the Work, City shall pay Contractor for those Services performed prior to the date of delivery of the termination notice, plus compensation for (i) necessary Work performed during the notice period and authorized in the termination notice, and (ii) all costs reasonably and necessarily incurred by Contractor directly attributable to termination which could not reasonably have been avoided and for which Contractor is not otherwise compensated that are incurred through the date of termination and effectuating the termination ("Termination Expenses"). Termination Expenses shall not include lost profits, lost opportunities, consequential damages, or the like. In no event shall total payment exceed the Contract Price. Termination on Occurrence of Stated Events 6.04. This Agreement will terminate automatically on the occurrence of any of the following events: A. Bankruptcy or insolvency of either party; or B. Sale of the Contractor; or C. Assignment of this Agreement by Contractor without City's written consent. Page 12 of 17 Termination for Default 6.05. If Contractor defaults in the performance of this Agreement or materially breaches any of its provisions, City may terminate this Agreement by giving written notification to Contractor. Termination will take effect immediately on receipt of notice by the breaching party or three (3) days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: A. Contractor's failure to complete the Work specified in Paragraph 3.01 and 3.02 of this Agreement; or B. Contractor's material breach of any representation or provision contained in Section Five (5) of this Agreement. 6.06. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 6.07. In the event of any termination of this Agreement or reduction in the scope of the Work, Contractor shall not be entitled to damages for loss of profits for the unexecuted portion of the Work or any other damages because of such termination or reduction. SECTION 7. GENERAL PROVISIONS Notices 7.01. All notices, approvals, consents and other communications between the parties shall be in writing, and shall be sent by fax or by certified mail (return receipt requested) to the respective addresses set forth below, or at such other address as may be furnished by either party to the other in writing. Faxed notices, confirmed by copy thereof, shall be deemed communicated as of the day the facsimile was sent. Mailed notices will be deemed communicated as of the day of receipt or the third (3'd) day after mailing, whichever occurs first. Page 13 of 17 Contractor: Innovative Waste Control, Inc. Attn: Harold Arsenian, Owner 4133 Bandini Boulevard Vernon, CA 90023 City: City of Vernon Attn: Bruce V. Malkenhorst, Jr. Acting City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Fax: 323-264-0606 Fax: 323-826-1438 Telephone: 323-264-0202 Telephone: 323-583-8811 Entire Agreement of the Parties 7.02. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of Services by Contractor for City and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement and the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement or a subsequent amendment or change order shall be valid or binding. No amendment or change in the provisions of this Agreement shall be made, except in a formal written amendment signed by Contractor and an authorized representative of the City, or in a written change order. Contractor expressly waives all claims for compensation based upon quantum merit, implied contract or oral contract. Each party represents and warrants that it has read and fully familiarized itself with this Agreement, and that such party has been fully authorized to sign this Agreement. 7.03. This Agreement shall be comprised of these included provisions, together with Exhibits A and B, which are all attached. In the event of conflict between this Agreement and any of the exhibits, including the Proposal, this Agreement shall prevail. Partial Invalidity 7.04. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Page 14 of 17 Law and Arbitration 7.05. All disputes arising out of or related to this Agreement, the conduct of either party in connection with this Agreement, and the relationship and rights of the parties in connection with this Agreement, whether characterized as breach of contract, tort, or otherwise (except for those requesting injunctive relief) shall be determined by binding arbitration in accordance with the terms of this Section. The submittal of all matters to arbitration in accordance with the terms of this Section is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for claims by either party which seek injunctive relief, which claims shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (the "Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge is to be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representative. In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Agreement. The decision of the Arbitrators shall be based on the evidence introduced at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two of the three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the selection of the last of the Arbitrators. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in the California Code of Civil Procedure Section 1286.2. The validity and enforceability of the decision of the Arbitrators is to be determined exclusively by the California courts. Page 15 of 17 Attorney's Fees 7.06. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and actual costs, which may be set by the arbitrators and/or court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. 7.07. Neither party shall be considered in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 7.08. The captions used in this Agreement are for convenience only and shall in no way define, limit or describe. the scope or intent of the Agreement or any part thereof. Page 16 of 17 below. City: IN WITNESS WHEREOF, the parties have executed the Agreement on the dates shown Executed at J1z??e1U01\j , California, on , 2006. City of Vernon Lk onis C. Malburg, Mayor Date: ATTEI APPROVED O FORM: � Bruce V. ta)lenhorst, Jr., Acting City Clerk Eric T. Fresh, City Attorney Contractor: In ov iv C n ol, Inc. w Name © (if AVS-0- rV o Date: �'j Q & Page 17 of 17 Name: Title: Date: EXHIBIT A O ( 4 �� Innovative Waste Control, Inc. Proposal for Solid Waste Collection, Disposal and Recycling Services For the City of Vernon Due December 15, 2005 at 2:00 P.M. Section l: Executive Summary and Benefits in. Using Innovative Waste Control, Inc. Section 2: Understanding and Approach. to the Project Section 3: Detailed Description of Scope of Work Section 4: Experience with Similar Projects and References .Section 5: Qualifications of Firm Members * Harold Arsenian-Owner • Tynisha Dorhan-Lead Dispatcher • Tammy Griffiths-Office/Dispatch Manager • David Hopldns Jr.-Yard/Transportation Manager Section 6: Insurance Section 7: Biennial Inspection of Termin, Pape R aT Y Section 8: Municipalities Contact Info - atiq ' Section 9: Proof of City of Vernon Standa ' ry Agreement .. Section 10: Disclosure Statement and 5r-L`P . .�. cn CD a. Executive Summary I Innovative Waste Control, Inc. (IWC) was established in 1991 by Harold Arsenian the fourth generation of the Arsenians in the waste industry, in Los Angeles. Like many business owners Harold had aspirations of growth for his business. Soon the company was comprised of a solid waste collection department, a hazardous waste management department and solid waste transfer station and recycling yard all housed in the City of Vernon. The collection of solid waste was the -primary and core focus of the company for many years. With roll -off and small container service available to commercial and industrial customers ranging from wire manufacturing and the aluminum industry to stevedores in the port of Long Beach. IWC has carved a nitch for large customers wanting personalized service at competitive rates. Providing superior customer service and quality collection programs has been a constant focus of IWC. A majority of the solid waste collection customers are located within the City of Vernon. For this reason the name Innovative Waste Control, Inc. has become synonymous with quality waste removal services in Vernon. The hazardous waste. department of the company waste created to help clients meet the ever. -increasing regulatory requirements of both State and federal governments regarding proper hazardous waste management. This department offers quality hands on assistance to clients with hazardous waste issues of any type. In April 1998, IWC opened a transfer station in the City of Vernon. Seven years later, IWC still considers Vernon. its home. Tonnage received in 1998 was 500 tons per day and now that facility receives 1,250 tons daily. Many waste haulers from all over Southern California utilize the transfer station's convenient location. As the customer base continues to grow the transfer station is in a constant state of metamorphosis. IWC also is `concerned about the future of the trash -and recycling businesses. As more landfills reach their maximum capacity, IWC searches for solutions. With the future implementation of an advanced waste sorting line and researching new techniques that would increase the number of recyclable materials removed from the transfer station, taking less tonnage to landfills is no longer a distance idea. Also, IWC is working with customers to increase their recycling quantities. IWC understands the importance of keeping business inside the vendors used by IWC are businesses located right here in VeOn. Company is located on 26th street and would be the compa used containers needed to service the City contract. AUL Pipe d Su Place is the vendor that handles all steel repairs at is the company that IWC hires for the rental and main -t e o ` a repair company that services IWC is Nick's Tires and V m. The trailer repair company used by IWC is Mikes Flee _-a Blvd. The revenue spent with these Vernon based ven importantly, all waste that would be collected from the a.:� of Vernon. Many M taken to our Vernon transfer station, thus allowing the city to collect a host fee on tonnage received. To date the City of Vernon has received $1,057,800 from.this host fee. Finally, IWC fully understands that many haulers are qualified to service the City of Vernon. However, we are confident that IWC would be the best choice; Why? We provide Vernon based businesses with quality service at a below market price. We are concerned for the future of the waste industry and have relationships with many different landfill and waste to energy facilities to guarantee Vernon a home for its waste for years to come. Most importantly we are the only waste collection company that is located in Vernon; we consider Vernon our home. IWC has become a leader in the trash industry and we have no plans on slowing down our progress. We strive to become better than we are and consistently reach our achievements without compromising our dignity. We pride ourselves on the fact that we are a large company that still treats our customers as. individuals, not just numbers. Benefits in Using Innovative Waste Control, Inc. • Vernon based transfer station • Vernon based waste collection services • Vernon collects a host fee on all waste taken to IWC's transfer station • Vendors used by IWC are located in Vernon • IWC has a City of Vernon Standard Non -Exclusive Franchise Agreement for Solid Waste Management Services • IWC has received no citations from the California Division of Occupational Safety and Health &W • IWC looks for ways to keep business inside a City of yernon N kr. • IWC has called Vernon its F- ~��,� lomOr Se AN 33. x "1W' t � P �, 0 N Understanding and Approach of the Project IWC will provide the City of Vernon solid waste collection, disposal and recycling services for all locations as specified in the Scope of Work. All collection of waste and recyclables will be made by IWC vehicles and personnel as required. The containers for all collections of both solid waste and recyclables will be provided by IWC. These containers will be of a design and quality concurrent with waste industry standards and will be kept in proper working order. IWC would schedule the collection dates to match the service requested by the City and outlined in the scope of work. All residential recycling and solid waste containers would be emptied on the same service day. All recycled and diverted material will be reported by IWC in a quarterly "Recycling and Diversion Report". This report will contain a list of all diversion quantities required by the City and used by the City for State AB 9.39 reporting requirements. This report would include all office and residential diversion totals. The report. would be sent to the City of Vernon no later than the 15t' of the month following the preceding service. quarter, i.e., the first quarter "Recycling and Diversion Report" would be due no later than the 15`h of February. All recycled material will be prescreened at IWC, if necessary, and delivered to either of the following locations: Jefferson Smurfit 20502 So. Denker Ave. Torrance, Ca 90501 Or Allen Company 14618 Arrow Highway Baldwin Park, Ca 91706 All invoicing, receiving of payments, collection of accounts, conflict resolu customer service issues will be handled directly from IWC's Verno y" . would have a direct phone number to contact customer service r 'esentati` hours of 5 a.m. to 5 p.m'.. Monday through Friday. Customers . ould rec attention as opposed to an automated computer voice. In, 01 IWC would dedicate the following staff members to Harold Arsenian, President Lead Contact for resolution. other . from the Tynisha Dorhan Tammy Griffiths David Hopkins Lead contact for all service changes: Frequency, dates, container sizes and repairs. Lead contact for all service error and or customer service requests. Lead contact for all AR/AP resolution. Lead contact for all billing changes and/or special billing requests. Lead contact for all operational changes regarding routing and scheduling. IWC also fully understands the franchise and insurance requirements for this project and will continue to meet all General liability requirements as listed in both the RFP and City of Vernon Standard Non -Exclusive Franchise Agreement for Solid Waste Management.. The City of Vernon would receive the same high quality commitment from each IWC employee, that all our customers receive. We would handle the city's trash pick-up schedule with attention to detail and concern for each of the customer's complete satisfaction. Other specifications: ADA: (American Disabilities Act) For any related ADA assistance, please call the office. Hazardous Materials: Placing hazardous and/or toxic materials in the containers is unlawful and the generator (s) is subject to state and federal regulations. F hazardous waste, please call the public informati, time schedule to dispose of house Holiday Sched There will be no pick-up service on New Years Day Independenc Thanksgiving, Day Christmas During holiday week only, if your pickup falls on c pickup will be one day later, resuming norrr Residential Refuse Regulations: Containers must be out by 6:00 A.M. Automated Regulations: 1. During normal conditions, place containers at edge of street, on the asphalt or at the side of the alley for those streets that have no curbs. During rainy weather avoid placing containers on heavy run off areas. 2. Place containers at least three feet away form, and not behind, any parked vehicles or obstructions such as mailboxes or fire hydrants. 3. Place containers at least three feet apart and _set them side by side, not behind each other. 4. All items to be collected must be placed in the automated containers. 5. Place items in the designated containers, refuse in black, recyclables in blue or gray, (areas that have green can, green waste only -please, no.plastic bags in green can.), 6. Do not place refuse or any other object on top of the lid. Anything outside the container will not be taken. 7. Do not place unlawful toxic or hazardous waste in container. 8. All toxic and hazardous materials placed in containers are unlawful and the generator is subject to state and federal regulations. 9. Aerosol can containing any liquid are classified as a hazardous waste. 10. These items will not be taken on route: sod, dirt, rocks, construction materials, furniture, pool granules, appliances, used oil filters, oil and any other containers with liquid: 11. Animal waste- such as horse manure, dog waste and used cat litter could and should be placed in the black container in the manner that is not a health hazard. 12. A charge will be made if containers are lost, stolen or damaged due_ to neglect or malicious acts of the customer and/or unknown third party. c� �... 0 w Scope of Work �r_d, 3vrd, & 4vrd. Containers: Street Address Service 3376-3390 50th Street 1-2yrd.xlwk. 3376-3390 50th Street 1-3yrd.xlwk. 271.5 East 50th Street 1-3yrd.x2wk. 4530 Bandini Blvd. 1-3yrd.xlwk. 2323 East Vernon Ave. 1-4yrd.x2wk. 3375 Fruitland Ave. 2-3yrd.xlwk. 4301 Santa Fe Ave. 1-3yrd.xlwk. 4305 Santa Fe Ave. 2-3yrd.xlwk. 4305 Santa Fe Ave. 4-3yrd.x4wk. 2800 Soto Street 2-3yrd.xlwk. 2800 Soto Street 1-3yrd.xlwk. 5001 Soto Street 1-3yrd.xlwk. 5001 Soto Street 1-3yrd.xlwk. Roll -off Containers: Street Address 2221 55'' Street 2221 55th Street 2221' 55th Street 2800 Soto Street Service 3-40yrd.xOn Call 1-40yrd.xOn Call 1-40yrd.xOn Call 1-40yrd.xOri Call _Tme Recyclable. Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste, Recyclable Solid Waste (Before 6 a.m.) Recyclable Solid Waste Recyclable Solid Waste Tyne 1. 60 Gallon Containers: Street Address Service 3350 East Vernon Ave. 1-60gal.xlwk,. r, 3350 East Vernon Ave. 1-60gal.xlwk. 3560 East Vernon Ave. 1-60gal.xlwk. 3560 Fast Vernon Ave. 1-60gal.xlwk. ;. 3345 Fruitland Ave. 1-60gal.xlwk. 3345 Fruitland Ave. 1-60gal.xlwk. 3349 Fruitland Ave. 1-60gal.xlwk. 3349 Fruitland Ave. 1760gal.xlwk. ` 3353 Fruitland Ave. 1-60gal.xlwk. y'- 3353 Fruitland Ave. 1-60gal.xlwk. 3357 Fruitland Ave. 1-60gal.xlwk. 3357 Fruitland Ave. 1-60gal.xlwk. d:. 3361 Fruitland Ave. 1-60gal.xlwk. 3 3 61. Fruitland Ave. 1-60gal. x l wk.. >: 3365 Fruitland Ave. 1-60gal.xlwk. A:• 3365 Fruitland Ave. 1-60gal,xlwk.. t.. 4321 Furlong Pl. 1-60gal.xlwk, 4321 Furlong Pl. 1-60gal.xlwk. '4322 Furlong Pl. 1-60gal.xlwk. 4322 Furlong Pl. g 1-60 al.xlwk. g 4323 Furlong Pl. 1-60gal.xlwk. I Tvpe Recyclable Solid Waste Recyclable Solid Waste. Recyclable. Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid. Waste O 0 Mal zw ppp a t� 4323 Furlong Pl. 4324 Furlong P1. 4324 Furlong Pl. 4325 Furlong Pl. 4325 Furlong. Pl. 4326 Furlong Pl. 4 , 4326 Furlong Pl. 4327 Furlong Pl. I 4327 Furlong Pl 4328 Furlong Pl. 4328 Furlong Pl. t> 4329 Furlong P1. 4329 Furlong Pl. .: 4330 Furlong Pl. 4330 Furlong Pl. 1-60gal.xlwk. 1-60gal. x 1 wk. 1-60ga1, x l wk. 1-60ga1. x 1 wk. 1-60gal.xlwk. 1=60gal.xlwk. 1-60ga1.xl wk. 1-60gal.x 1 wk. 1-60gal.xlwk. 1-60gal.xlwk. 1-60gal.xlwk. 1-60gal.xl wk. 1-60gal.x 1 wk. 1-60gal.x l wk. 1-60ga1. k 1 wk. Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste Recyclable Solid Waste IN,-01�—i— �,* Gs'1F hl— IPA_,ate Experience with Similar Projects and References Innovative Waste Control, Inc. has had the pleasure of helping numerous customers with their specific waste needs. Each company's solid waste needs are as unique as the companies themselves. Some businesses have small containers that are serviced only weekly, while others have multiple containers for various waste streams that are serviced daily. The following list contains a sample of our customers. The type of service and amount of bins are listed below the contact information, Aguilar Trucking 4567 Maywood Ave Vernon, CA. 90058 1-3yrd.xlwk. (Solid Waste) Contact: Larry Aguilar Ph. (323) 587-2246 Alart Mechanical Contractors Contact: Art Bruschera 445 Hampshire Street Ph. (415) 621-5220 ext. 21 San Francisco, CA. 94110 Various size bins for various waste streams. Bins used for construction jobs. American Apparel Contact: Jacob Gordon 747 Warehouse Street Ph. (213) 488-0226 Los Angeles, CA. 90021 2-40yrd.xOn Call (Solid Waste) Arcadia, Inc. Contact: Byron Bjork 3225 E. Washington Blvd. Ph. (323) 269-7300 Vernon, CA. 90023 3-20yrd.xOn Call (Solid Waste) 2-3yrd.x3wk. (Solid Waste) Command Packaging Contact: Rick Conlon 3740 East 26th Street Ph. (323) 260-4800 Vernon, CA. 90023 5-3yrd.x3wk. (Solid Waste) 1-40yrd.xOn Call (Recyclable) 1-40yrd.xOn Call (Solid Waste) ��r�� A ° Davis Wire Corp. Contact: Karla Penal Z�AIR t 5555 Irwindale Ave. Ph. (626) 815-326 .� Irwindale, CA. 91706 8-20yrd.xOn Call (Solid Waste) 3-10yrd.xOn Call (Solid Waste) 3-25yrd.xOn Call (Hazardous Waste) 6-40yrd.xOn Call (Recyclables) �N -_ a' Vsg a Douglas Steel Contact: George Russell 5764 Alcoa Ave. Ph. (323) 587-7676 Vernon; Ca. 90023 1-40yrd.xOn Call (Solid Waste) Farmer John Contact: George Hynes 3049 East Vernon Ave. Ph. (323) 583-4621 Vernon, CA. 90058 1-40yrd.x5wk. (Solid Waste) 1-40yrd.x5wk. (Recyclable) 2-40yrd.xOn Call (Solid Waste) 4-3yrd.x5wk. (Solid Waste) Four Star Chemical Company Contact:.Joshua Ulrich 3137 East 26th Street Ph. (323) 266-7111 Vernon, CA. 90023 1-3yrd.xlwk. (Solid Waste) 5-4yrd.xlwk. (Solid Waste) 2-6yrd.xlwk. (Solid Waste) Gateway Mattress Contact: Alex Franco 624 South Vail Ph. (323) 725-1923 Montebello, CA. 90640 1-40yrd.xOn Call (Recyclable) Inland Cold Storage Contact: Bobby Casarez 4100 Bandini Blvd. Ph. (323) 980-0556 Vernon CA 90023 3-3yrd:x5wk. (Solid Waste) International Transportation Service, Inc 1281 Pier J Ave. Long Beach, CA. 90802 2-10yrd.Owk. (Solid Waste) 1-25yrd.xOn Call (Recyclable) 1-25yrd.x3wk. (Solid Waste) 3-4. yrd.x3wk. (Solid Waste) Contact: Mike Pelphery Ph. (562) 435-7781 ext. 2334 x�6 . Kaiser Aluminum Contact: Rick Medina - �. 6250 Bandini Blvd. Ph. (323) 720-8224 q. t4r p Vernon, CA. 900406.0 p 1-40yrd.x3wk. (Solid Waste) Various Hazardous Waste Jobs as Needed •: ' N 1 r Qualifications of Firm Members Harold Arsenian-Owner Experience 1991-Present Innovative Waste Control, Inc. President and General Manager • Performed waste characterization for generators of RCRA, Non-RCRA, TSCA and California special wastes and debris. • From 1991-present have profiled thousands of tons of waste material for disposal and treatment in California, Arizona and Nevada. • Worked with California DTSC and Arizona Department of Environmental Quality for the disposal of regulated wastes. • Performed sales and marketing for disposal facilities including the largest Non-RCRA soils treatment facility in the western states. • Managed solid waste, hazardous waste and recycling activities in the southern California area. 1986-1991 Sav-Way Disposal Company Diverse responsibilities including general management, daily operations, purchasing, sales, marketing, and route development. General Manager • Managed structural operations of disposal company including direction of future growth. • Discovered areas of company weakness and worked directly with owners to correct problems. • Responsible for 135% increase in profit._ _ Daily Operations 9B, • Controlled daily operations of trues and d e s - v � > 3 • Controlled schedules and route : ectio� x .. • Directed waste to Recyclin ,„a -§ffi *to��i' g facilities throughout the so �ri . ar .. = Purchasing,° Purchased all equipment for n� i 1u containers and waste routes.Ar 10 �� �. g ` a Sales. Marketing and Route Development • In charge of all sales and marketing growth for the company. • Responsible for 115% growth in route sales from 1986-1991. Industry Education • Techniques for collecting and analyzing samples during a remedial investigation. • Technologies for the management of hazardous waste. • Environmental bioremediation and advanced applied bioremedial technologies. • Analytical chemistry for the characteristics of hazardous materials. • Chemistry of hazardous. materials •. Principals of hazardous materials. • Elements of health and safety for effective hazardous materials management. • Regulatory framework for hazardous and toxic substances. • Hazardous materials emergency preparedness. Tynisha Dorhan-Lead Dispatcher Experience 2004-Present Innovative Waste Control, Inc. Lead Dispatcher • Build and maintain driver routes _ - • Dispatch drivers • Receive dispatch calls • Handle service change orders • Review dispatch logs' • Review driver's paperwork • Handle Customer conflict or compl& ts, 1999-2004 First Class Limousine Services. General Office Clerk and Dispatcher • Route drivers • Secure reservations x • Management of clients accounts • Answer phones, • Handle customer conflicts Tammy Griffiths -Office and Dispatch Manager Experience 10/2000-Present Innovative Waste Control, Inc. Office Manager and Bookkeeper Train and manage scale house and office workers, in customer service, computer software, and company protocol. r: Full charge bookkeeper. Including all accounts receivable and accounts payable tasks. • Manage billing for 37, 500 tons per month Solid Waste facility. • Customer service including setting up of new accounts, reconciliation, and special projects. • Work with various government agencies in compiling multiple reports to meet any and all local, county, and state and federal regulations. •. Handle collection calls for all past due accounts. • File and manage all interoffice data pertaining to customers, daily operations, recycling reports, and company information. • Manage Human Resource tasks including compiling employee files, payroll and workers compensation. • Maintain maintenance, service and inspection records for trucks, trailers and other on site machines. • Daily task of running the scale house including: logging in and. out vehicles, answering phones and interoffice data. Education Multiple classes in management, bookkeeping and accounting including: • Bookkeeping Principles/Practices • Management: Theory, Practice, Applic to • Skills for. Professional Development • Organizational Behavior` • Critical Thinking: Strategies in Icisio a� Yn • Economics for Business • Financial Accounting�m' • Corporate Finance. 5 Contemporary Business Law k, , • Accounting Information Sys f ` iwo WO �'. Other distinctive Classes include; • Probability & Statistics • Handling Conflict in Cross -Cultural Relationships • Logic & Critical Thinking 1999-2004 Associates Degree, Cypress Community College David Hopkins Jr. -Yard and Transportation Manager Experience 03/2005-Present Innovative Waste Control, Inc. Yard and Transportation Manager - • Daily Supervision of Drivers • Daily Supervision of Yard Workers . • Route and Operational Changes • Upkeep of maintenance program • Schedules various repair services • Reviews drivers paperwork • Inspects job sites • Inspects containers • Onsite Collections of waste streams for testing • Conflicts with employees or customers 1997-03/2005 David Hokpins Trucking Vice President and Co -Owner • Supervision of drivers • Field safety • Truck Repairs F . • Management of client accounts ry • Vehicle Operator • Landfill of recycling facility liais "� nt_k A IN Education0_• t 5 Graduate of Southern Oregon State College, 1 T� x Bachelor of Science Business Management g � ax POLICYHOLDER_,"OPY tt 5 STATE 'P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' L COMPENSATION INSURANCE ISSUE DATE: 10-01-2005 GROUP: 000481 POLICY NUMBER: 0000253-2005 CERTIFICATE ID: 15 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 CITY OF VERNON SC ATTN JOAN FRANCONE RISK MANAGER 4305 SANTA PE AVE VERNON CA 90058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - HAROLD ARTHUR ARSENIAN, PRS TR SC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER INNOVATIVE WASTE CONTROL, INC 4133 BANDINI BLVD LOS ANGELES CA 90023 SC M0409 (REv.2-05) PRINTED : 09-17-2005 POLICYHOLDER COPY STATE P.O. Box 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2005 GROUP: 000481 POLICY NUMBER: 0000253-2005 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 CITY OF VERNON SC DEPT OF BUILDING & SAFETY BUSINESS LICENSE 4305 SANTA FE VERNON CA 90058 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - HAROLD ARTHUR ARSENIAN, PRS TR SC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER INNOVATIVE WASTE CONTROL, INC SC 4133 BANDINI BLVD LOS ANGELES CA 90023 M0409 MEV.2-051 PRINTED : 09-17-2005 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYrO 06/24/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic# 0351162 *** 818.251-3000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P( cox 4367 Woodland Hills, CA 91367 INSURED Innovative Waste Control, Inc. 4133 Bandini Boulevard Los Angeles, CA 90023 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Steadfast Insurance Company Lemac INSURER s: Zurich American Ins. INSURER c: Fireman's Fund McGee INSURER D: INSURER E: *Except 10 days non-Dav 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 CONTRACTOR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DA E MM DD POLICY EXPIRATION DATE (MM/DDIYYI LIMITS A GENERAL LIABILITY GPL377629406 04/28/05 04/28/06 EACH OCCURRENCE $2 000 000 PCOMMERCIAL GENERAL LIABILITY XCLAIMS MADE OCCUTt DAMAGE TO RENTED xurrencel MED EXP (Any one person) _ $50 OOO $5 000 PERSONAL & ADV INJURY $1 000 000 X BFPD/XCU X Contractual GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY nPRO. jECT n LOC B AUTOMOBILE LIABILITY X ANY AUTO BAP362909105 02/10/05 02/10/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ . X HIREDAUTOS X NON-OWNEDAUTOS BODILY INJURY (Per accident) $ I PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STIM'T OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below C OTHER Leased/Rent MX198305872 06/24/05 06/24106 $125,000 Special Form Equipment Subj to $1,000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Solid Waste Franchise Agreement Certificate holder is included as additional insured as evidenced by attached endorsement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATH City of Vernon DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *'fin DAYS WRITTEI Attn: Joan Francone, Risk Mgmt. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALI 4305 Sant Fe Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Los Angeles, CA 90058 REPRESENTATIVES. A THORIZED REPRESENTATIVE ACARrI 9S /9nnvnR% a ..a n ..... .. wnnnn nnnnnn •r.n�.. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. �h ACnon 9q_C mnn4/mm n _s n .uunn. --- Endorsement #2 Additional Insured — Owners, Lessees or Contractors — Automatic Status When Required in a Construction Agreement With You )VERAGE PART ONE — COMMERCIAL GENERAL LIABILITY 0 ZURiCH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eii Date of End. Broker Add'1 Prem. Return Prem. GPI3776294-06 04/28/2005 04/28/2006 04/28/2005 09-796 None None Named Insured and Mailing Address Innovative Waste Control, Inc. 4133 Bardini Blvd. Vernon, CA 90023 Broker: Lemae & Associates, Inc. 600 City Parkway West, Ste 240 Orange, CA 92868 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Pblicy In consideration ofthe payment of premium and the Deductible by you and in reliance upon the statement in the Application made a part hereof, we agree with you, subject to all the terms, exclusions and conditions that with respect to COVERAGE PART ONE -COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement: 1. Who is an Insured (Section I.) in the COMMON POLICY PROVISIONS is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, prior to the performance ofthose operations, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising our ofyour ongoing operations performed for that insured and only if the "claim" or "suit' would otherwise be covered under the terms and conditions of this policy. A person's or i organization's status as an insured under this endorsement ends when your operations for that insured are completed. The coverage provided by this endorsement shall not apply to "Claims" or "suits" based upon or arising from the negligence, or act, error or omission of the person or organization included as an additional insred by this endorsement Both you and the person or organization included as ad additional insured by this endorsement agree to cooperate with each other and us with respect to all aspects of coverage provided under this policy. In the event that you and the person or organization included as an insured by this endorsement are named as defendants in a "claim" or "suif', and are both entitled to defense under this policy for such "claim" or "suit", we shall provide common counsel to represent you and such person or organization in a joint defense. If you and such person or organization adopt positions materially adverse to each other vAth respect to the "claim" or "suit", we shall provide the defense and make payments for "Claim expenses)", or any other associated costs of defense payable under this policy, only to you from the point of adversity forward. The rights and obligations above shall apply in any proceeding and in any forum in which you and the person or organization included as an insured by this endorsement are a party to a "claim" or "suif'. 2. Exclusions (Section In in Coverages A. and B. of COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY is amended by the addition of the following exclusion: `Bodily injury' or "property damage" occurring after: a. All work, including materials, parts or equipment famished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the operations has been completed; or b. That portion of"your work" out of which the injury or "damage" arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operation for a principal as part of the same project. ALL OTHER TER1Vx5 AND CONDTONS OF THE POLICY SHALL APPLY .gned by:...t!-f'�ti, 4, .. Authorized Representative Date AND REMAIN UNCHANGED. zY -o -S-_. Copyright 2002 by Zurich Insurance Company STF-ESP-101-A-CW (04/02) All rights reserved. No part of this document covered by the copyrights hereon may be reproduced or copied in any form by any means — graphic, electronic, or mechanical, including photocopying, taping or information storage and retrieval systems — without written permissions of the Zurich Insurance Company. `f ri) Pi , V u.� e.; � , k. o v w .V O0 m eti 'OJ ed "= 9 STATE OF CALIFORNIA DEPARTMEN-(OFCALIFORNIA HIGHWAY PATROL NEW TERMINAL INFORMATION CA NUMBER FILE CODE NUMBER COUNTY CODE SAFETY COMPLIANCE REPORT/ ❑p Yes ❑ No 189921 279073 19 TERMINAL RECORD UPDATE CARRIER TYPE CODE OTHER PROGRAM LOCATION CODE SUBAREA CHP 343 (Rev. 10-00) OPI 062_W535 S16 TERMINAL NAME TELEPHONE NUMBER (W/AREA CODE) Innovative Waste Control, Inc., (323) 264-0202 STREET ADDRESS (NUMBER, STREET, CITY, ZIP CODE) ---" 4133 Bandini Blvd., Vernon, CA 90023 MAILING ADDRESS (NUMBER, STREET, CITY, ZIP CODE) (1F DIFFERENT FROM A80VE -- 1 If`=AIC= AKIn C1 CCT IRICnORS HM LIC. NO. -EXPIATE--- Hwr REG. NO. 3924 IMS LIC. NO. RUCKS AND TYPES 6- S, X TRAILERS AND TYPES 6- V BUSES BY TYPE 1- II- DRIVERS 4 3/31/2005 OTIEF CCE� 7NERS --- [0 Yes [:]No Harold Arsenian hS FlIVIATED CALIFORNIA MILEAGE FOR THIS TERMINAL FOR LAST YEAR j 2003 ] F G H I UNDER B 15,001 C 50,001 500,001 1,000,001 2,000,001 5,000,001 MORE THAN ❑ 15,000 ❑ 50,000 0 100,000 tE�]�T� 1,000,000 ❑2,000,000 ❑ 5,000,000 ❑ 10,000,000 ❑ 10,000,000 PUC T- T- TCP TCP U�DOT PSC PSC 671232 ICC MC MC MCP REASON FOR INSPECTION MX MX v Yes No N/ARenewal Bection INSPECTION FINDINGS INSPECTION RATINGS: S=Satisfactory U=Unsatisfactory C=Conditional UR=Unrated N/A -Not Applicable REQMTS VIOL MAINTENANCE PROGRAM DRIVER RECORDS REG. EQUIPMENT HAZARDOUS MATERIALS TERMIN AL MAINTENANCE PROGRAM PROGRAM 2 1 u/r 2 S 3 S 4 1 u/r 2 S 3 S 4 1 u/r 2 S 3 S 4 1 u/r 2 S 3 S 4_ S S _ 1 u/r 2 3 4 DRIVER RECORDS No. 6 Time No. 4 Time No, 6 Time Time 1me n ime u DRIVER HOURS HAZARDOUS MATERIALS ❑ No HM Transported ❑ CONTAINERSITANKS VEHICLES PLACED OUT OF SERVICE No HM Violations Noted No. Time Vehicles Units BRAKES 3 REMARKS LAMPS & SIGNALS 3 34505.5(a) VC Carrier does not perform periodic vehicle inspections at least every 90 days, or DEVICES ING more often if necessary to ensure safe operation. Carrier does not perform inspections on trailers. 13CCR 1215(f) Carrier does not repair defect(s) reported on the driver's daily vehicle condition reports, and attest to the repair by signing or having an authorized agent sign the reports. Defects STEERING & SUSPENSION TIRES & WHEELS or deficiencies reported on drivers' daily vehicle condition reports that are likely to affect the safe EQUIPMENT REQUIREMENTS 6 p O eration of the motor vehicle or combination are required to be repaired prior to the returning to operation. The motor carrier or an authorized agent shall certify on the report that necessary repairs CONTAINERS & TANKS have been completed prior to the vehicle returns to operation. HAZARDOUS MATERIALS BIT NON -BIT FEE DUE CHP 345 CHP 100D COL. INSPECTION LOCATION (NUMBER, STREET, CITY OR COUNTY) I ❑ R ❑ ❑ Yes 0 No ❑ INSPECTED BY (NAME) ID NUMBER INSPECTION DATE(S) SUSPENSE DATE Lori Pieloek A04266 104119/04 Auto ❑None vnrtRIGR%,r-m I IrMH I IVIV I hereby certify that all violations described hereon and recorded on the attached pages (2 through) will be corrected in accordance with applicable provisions of the California Vehicle Code and the Califo is Code of Regulations. I derstand that I may request a review of an unsatisfactory rating by at (323) 644-9557 within 5 c endar days of the rating. contacting the Motor Carrier Safety Unit Supervisor CURRENT TERMINAL RATING CA REPRESENTATIVE'S SIG E DATE Satisfactory X 1 04/19/04 CARRIER REPRESENTATIVE'S PRINTED NAME ITL DRIVER LICENSE NUMBER STATE Tammy Griffiths O i e Manager 043_00,x15 5TAXE OF CAQFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CONTINUATION CHP 343-1 (REV 10-97) OPI 062 Innovative waste Control, Inc. 4133 Bandini Blvd., Vernon, CA 90023 0MAAMve 04/19/04 rage < of w rayeti CHP 343 189921 FC NUMBER 279073 13 CCR 1233.5 Carrier is required to notify the Department of any change of address or cessation of regulated activity at any terminal. Carrier shall notify the. Department in writing of any change of address or cessation of regulated activities at any of the carrier's terminals, Such notification shall be made within 15 days of the change and shall be forwarded to: California Highway Patrol Commercial Records Unit P: O. Box 942898 Sacramento, CA 94298-0001 CARRIER (NAME OR TERMINAL FILE CONTROL NUMBER) Innovative Waste Control, Inc. PAGE 3 OF 4 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL INSPECTION ADDRES VEHICLEIEQUIPMENT INSPECTION REPORT 4133 Bandini Blvd. MOTOR CARRIER SAFETY OPERATIONS CHP 343A (Rev 4-91) OPI 062 CITY OR COUNTY Vernon, CA 90023 DATE 4/19/2004 MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUE 3 Axle Tractor White GMC 5501 9D02640 2 Axle Trailer(V) MAKE _ Strick EQUIPMENT NUMBER 1 LICENSE NUMBER 4DE9644 VIN ODOMETER _D TYPE FUE TANKICONTAINER MAKE SPEC.JTYPE SERIAL NUMBERIUNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks **Level II Only ** V-1 Vehicle displays a current CVSA sticker 09885295, issued during inspection dated 2/19/04, CHP 407F CA 90OC9514 reviewed. "Level II Only ** V-2 Vehicle displays a current CVSA sticker 09885295, issued during inspection dated 2/19/04, CHP 407F CA 90OC9514 reviewed. 13 CCR 1232(a) Axle two left side one of ten lug nuts missing. 24608 VC Right and left side front side reflectors required. MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUEL 3 Axle Front loader White GMC 6C46773 D MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE FUEL TANKICONTAINER MAKE SPEC./TYPE SERIAL NUMBERIUNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks V-1 13 CCR 1232(a) City horn inoperative. (Air horn okay) 24608 VC Right and left side rear side reflectors required. 13 CCR 1232(a) Cross member behind axle three left side cracked at frame. 26453 VC Applied air leak at axle three left side service brake chamber. 27600 VC Mud flaps two short. (Should be 10 inches from ground — bottom of flap 17 inches from ground) Lori Pielock I A04266 CARRIER (NAME OR TERMINAL FILE CONTROL NUMBER) Innovative Waste Control, Inc. PAGE 4 OF 4 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL VEHICLEIEQUIPMENT INSPECTION REPORT MOTOR CARRIER SAFETY OPERATIONS CHP 343A (Rev 4-91) OPI 062 MAKE EQUIPMENT 2 Axle Trailer (V) _Star MAKE EQUIPMENT 2 Axle Trailer_(V) Star _ _ TANK/CONTAINER MAKE SPFC.ITYPE CERTIFICATE TYPE INSPECTION ADDRESS 4133 Bandini Blvd. CITY OR COUNTY Vernon, CA 90023 NUMBER LICENSE NUMBER VIN _ 1 WZ8051 NUMBER LICENSE NUMBER VIN 1 WZ8052 _ SERIAL NUMBER/UNIT NUMBER CT NUMBER DATE ISSUED REINSPECTION DATE Remarks V-1 24608 VC Left side rear side reflector required. 13 CCR 1245(k)(2) Applied air leak axle one left side at service brake fitting. V-2 13 CCR 1232(a) Several cross members cracked. DATE 4/19/2004 ODOMETER TYPE ODOMETER II TYPEFUL- L D_. VRS Test ❑ Certified ❑ witnessed ODOMETER MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER ITYPE FUEL 3 Axle Truck (RO) White GMC 6X51951 D MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER 'TYPE FUEL TANK/CONTAINER MAKE spECITYPE SERIAL NUMBERJUNIT NUMBER CT NUMBER VRS Test ❑ Certified ❑ witnessed CERTIFICATE TYPE I CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE ODOMETER Remarks V-1 13 CCR 1232(c) Excessive oil and grease on chassis. 13 CCR 1245(c)(2) Air reservoirs between axle two and three have no drains. Plugs only. INSPECTED BY I.D. NUMBER Lori Pielock A04266 editions until depleted SSATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CARRIER INSPECTION CHP 3d3n (Row 7_qR 1 '(API nFi7 - ❑ This report contains CONFIDENTIAL pages CARRIER NAME CA NUMBER LOC. CODE SUBAREA Innovative Waste Control, Inc. 189921 535 $16 STREET ADDRESS, CITY, STATE, ZIP CODE PHONE NUMBER DATE 4133 Bandini Blvd., Vernon, CA 90023 (323) 264-0202 4/19/200.4 CARRIER REPRESENTATIVE TITLE TIME IN TIME OUT Tammy Griffiths Office Manger INSPECTION LOCATION (IF OTHER THAN THE CARRIER'S PRINCIPAL PLACE OF BUSINESS) CHP 100 D CARRIER TYPE COLUMN NUMBER ❑ Bus Truck On this date, the above named motor carrier was inspected by the California Highway Patrol. The inspection evaluated the carrier's compliance with the following requirements: CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROGRAM [VC 34520 & 49 CFR 3821 ❑ OTHER: REMARKS 34620 VC (49 CFR 382.307(c)) Carrier's failed to have a supervisor or company official trained in accordance of 382.603 make the observation for controlled substance and/or alcohol reasonable suspicion testing. Carrier shall ensure that only supervisors and company officials trained in accordance with 382.603 be used for observation and determination of reasonable suspicion of controlled substance and/or alcohol noncompliance. Carrier is enrolled with the following consortium: Immediate Medical Care Facility 6538 Telegraph Road Commerce, CA 90040 (323) 726-3212 As a result of the inspection noted above, this carrier was assigned a compliance rating of Satisfactory . This rating applies only to carrier requirements - Terminals are rated separately. RATING HISTORY I NUMBER OF RECORDS INSPECTED NUMBER OF VIOLATIONS CHP 345ISSUED 1. u/r 2 S 3 4 3 1 INSPECTED BY (NAME) ID NUMBER S NSE DATE Lori Pielock A04266 Auto None MOTOR CARRIER CERTIFICATION I nerepy certify that all violations recorded hereon and on the attached pages 2 through _ Will be corrected in accordance with applicable provisions of the California Vehicle Code and the California Code of Regulations. I understand that I may request a review of an unsatisfactory rating by contacting the Southern Division Motor Carrier Safety Unit Supervisor at (323) 644-9557 within 5 calendar days of the rating. -- 1. urtta Griffiths Office Manager LICENSE NUMBER AND STATE DATE 4/19/2004 cn CD 0 0 00 Municipalities Contact Information and License The following is contact information for five municipalities: City of Commerce (Note: DBA: Sav-Way Disposal Company) 2535 Commerce Way Commerce, CA. 90040 Contact: Alice Castillo Ph. (323) 722-4805 ext. 2331 i. County of Los Angeles 900 South Fremont Ave. Annex 3rd Floor Alhambra, Ca, 91803 Contact: Siya Araumi Ph. (626) 458-4991 City of Los Angeles 433 S. Spring Street 5th Floor, MS #944 Log Angeles, CA. 90013 Contact`. Carol Parker Ph. (213) 473-8154 City of Long Beach 333 West Ocean Blvd. Long Beach, CA. 90802 Contact: Sara Pruthi Ph. (562) 570-2851 City of Vernon 4305 South Santa Fe Ave. Vernon, CA, 90058 Contact: Lewis Pozzebon Ph. (3.23) 583-8811 , 41 07 ft�� a� al t i Lit.. CO d W J O FS V $a� : w CO =L �. m � LL , 0 LU W .; w U m ale_ o 0- o N N U 3 Z W U N m m m m ._w a o. _`..a o � 8, caw LLI a o: LLL —': o � c o. c: U Q, p >O �/ 8., y, QC c Lu o co. rQ U c m m cm z C2 m m a LLJ 3 COd v c Z s. a`o' (L f0 c, o m m ME 2 Q f0 V o2$U) O rn a ID 0 O pNU ...i�e$A sa �c�Lgr W H Q W z } Q X W ii3o3.y'ff z p o �m� W W€�g� N w Qp= Z�9�5 w m CO N coa Vim z z z > > m�100m m m m z c c u ■�I w Q �s l to E o f=.1 3 \ O W o W M 1- w WrL �+ a w H aCL E-1 H C A z. H a 1- O � as a O cn FC N O x 1- P+ U E W W E H C a l0 x H r4 Q pQ O H A H \ J1 z w a-1 W. cy- o Ei 4 - W ON 4 3 A -zEn a I w a w 0 W 9 N z o vi a =0E-40 0 c, 1 O •• x a in z w H 4 E-+ m Ow w x Wza AA H o W W N �+ Pa Ei o M a W x x (rj v] H `�. z x 1 O H a W H$ a H0EA .. U = O4kO O W x a EH.E-+ - o�uNi W It UG Z'Q O W to d r W W z E-H Cl) = 3t O Q 1- W - O $P.., > N > Ulm rl " H rn w a W04 _> oo PO in H z •• K4 w U] M.-Z El U cA A z H W w r-ix azE- r-I O H F:4 NUN wtnU U xx0 � E�Wa BOARD OF 'PUBLIC WORKS COMMISSIONERS VALERIE LYNNE SHAW PRESIDENT ELLEN STEIN VICE PRESIDENT YOLANDAFUENTES RONALD LOW JANICE WOOD Innovative Waste Control, Inc. 4133 Bandini Blvd Vernon, CA 90023- Attention: Harold Arsenian CITY OF Los ANGELES CALIFORNIA JAMES K. HAHN MAYOR June 10, 2005 SOLID WASTE HAULING PERMIT FOR YEAR 2005-2006 DEPARTMENT OF PUBLIC WORKS BUREAU OF SANITATION RITA L. ROBINSON DIRECTOR JOSEPH E. MUNDINE EXECUTIVE OFFICER VAROUJ S. ABKIAN TRACI J. MINAMIDE ENRIQUE C. ZALDIVAR ASSISTANT DIRECTORS NEIL M. GUGLIELMO DIVISION MANAGER 433 South Spring Street, Suite 500 Los Angeles, CA 90013 Telephone: (213) 473.8228 Facsimile: (213) 473.8232 E-mail: srcrdrasan.lacilv.ora Wrh.slta www lacity— ern Your application/renewal for a Private Waste Hauler Permit has been approved by the City of Los Angeles. Your permit number for fiscal year 2005-2006 is 06029. Please reference this number in any correspondence to the City related to the private waste hauler permit program. We have enclosed 5 decal(s), the same amount as the number of vehicles that was reported in your permit application/renewal. Should you need more decals for new or replacement vehicles, you may request additional decals in writing. Please be advised that this permit is good until June 30, 2006. All haulers and contractors that collect, transport, and/or dispose more than 1,000 tons of solid waste per year are required to pay the AB939 Compliance Fee equivalent to 10% of gross receipts. We have enclosed four copies of the Quarterly Payment form that must accompany the quarterly fee payments. Payments are due to our office within thirty days after the end of each calendar quarter. Permitted haulers that take materials to City -certified processors may be eligible for rebates. Please refer to the Permitted Hauler Rebate Program Instructions for details. Information is also available online at www.lacity.org/san/ab939-compliance-fee.htm. When submitting your quarterly payments please note that gross receipts are based on an accrual basis, not cash. In addition, when calculating gross receipts the passed on fee should not be included. For example, if a customer's bill was $100 and is now charged $100 plus the $10 fee ($110 total), the gross receipts is based on $100, not $110. Should you have any questions, please call Daniel K. Meyers of my staff at (213) 473-8158. Sincerely, Neil M. Guglielmo, Division Manager Solid Resources Citywide Recycling Division RLR:NMG:DKM:bsn Attachments File 4.2 R:\Hauler Fee\Permit Approval Lettgr Form Year 05-06.doc AN EOUAL EMPLOYMENT OPPORTUNITY — AFFIRMATIVE ACTION EMPLOYER Recyclable and made from recycled waste TV a-d N cd � v 00 00 Cd CO O Q r" N `N r� �T (ON �-o rC) N Q N �a o N LL i" to CL U r Z pLpL J 7 0 k: Z 4 C) U 111 < fn J 04 ? m m >W Z Q L.pU a0 mZ M � M �t > V1 N 'O 'D EO Q N 4) N C U)7 m C) U) w Z LO � o CO z M o r h L°- W un _1 O J N �O W E o a LL v_ > J O cn c W Z U) 0o uj F.. Z , W W i W � Z O� �- O �w a IL w �— OLL J Z UZ mWLLJ WLL .0 � _� WU W ZZ Z W LU am m Z Q 00 LLI �. CO LL OU) a LJJ �U O� U o O� Q LL Z O U) w W CL W F- U O. li +-j � L r'' e � N G� c) r--� rxD q co 0 r' Cal cr ' 4- z Q 9 0 a� H z o w r) N >J O LO C, > ZU m Z zz M LU LU y� z �> m of t4 ! Q co w -\\ . m' m w J LO 2 to Z N > N p Z O r> a N N r` M r OQ 00 �- o � o� uO U o � N- -r`� N r_�-CD — ti r- m .- o 0 9 ti � O W o N O J o0 N co cUo OW *****k E-� Z a 1-U w w w w w U co co co ZZZZZ o U) o w w w w w LL Q LL U U U U U g v76 J J J J J > > J O U) Q CO Za 00 F= m Of OCO aw 0o O� U O� �a U- U M City of. Vernon ENVIRONMENTAL HEALTH DEPARTMENT Decemlier 5, 2000 Innovative Waste Control, Inc. 4133 Bandini Blvd. Vernon, CA 90023 Attn: Harold Arsenian, President 43Q5 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 APPROVED NON-EXCLIISIVE FRANCHISE AGREEMENT Dear Mr. Arsenian: The Vernon City Council has approved your firm's standard non-exclusive franchise agreement for solid waste management services within the City of Vernon. To complete the franchising process, please do the following: • Submit fee payment for a Vernon Health Permit for a waste collection business. • Contact this office to m*e arrangements to have you waste collection vehicles inspected and certified. Please remember that under the terms_ of the agreement, your firm is required to do the following: ► Report the tonnage of solid waste hauled for Vernon customers. ► Report the gross receipts received from Vernon customers for solid waste hauling. ► Remit a franchise fee equal to a certain percentage of these gross receipts (10% by City Council Resolution). 1. ► On a quarterly basis, send the reports on tonnage and gross receipts, and the franchise fee to the city. (Address to: City of Vernon Health Department, 4305 S. Santa Fe Avenue, Vernon, CA 90058). Reports must be submitted even if you haul no solid waste during a particular quarter. l'epo is iiud ees on or `before Che last day of the II1011C11 Y011CW111g the end of the quaitur belrig reported upon. Fees received after the last day of the month following the quarter are subject to a 10% per month late payment fee. You will soon be receiving blank forms which shall be used to report quarterly tonnage and gross receipts figures, and calculate the quarterly franchise fees. The first report and franchise fee for January, February, and March, 2001 will be due on or before April 30, 2001. If you have any questions, please contact David Davis of MSW Consultants at 909/296-2839 or the Vernon Health. Department at 323/583-8811. ® xc: Mr. David Davis, MSW Consultants sii: solid waste\approvedagreement.Itrl 9 Disclosure Statement and Conflict of Interest Agreement Harold. Arsenian is the owner and President of Innovative Waste Control, .Inc. He is also the owner and President of Harold Arsenian, L.L.C., a consulting firm that under the Vernon City Council Resolution No. 8691 is assisting the City with various capital projects, including renewable energy projects. This disclosure is included to conform with the conflicts of interest portion (section 8) of the consulting agreement between The City of Vernon and Harold Arsenian, L.L.C. Section 8 Conflicts of Interest In the event that a potential. conflict should arise between the interests of the City and the interests of any one of Consultant's other clients, during Consultant's performance of services under this Agreement, Consultant shall notify City of such potential conflict. Notice of the existence of a potential conflict shall be given in writing to City within ten (10) days of the perceived conflict. The conflict of interest letter shall specify when the potential conflict arose, the identity of the other party (ies) and the facts that give rise to the potential conflict. In the event that a potential conflict on interest is deemed by City to be an actual conflict of interest, City may, at its discretion, terminate this Agreement immediately. u v, M � �s s y Tffli d0 t AN j p 1i � -War `.Iw % .— CITY OF VERNON BID FORM FOR SOLID WASTE COLLECTION DISPOSAL AND RECYCLING SERVICES Price Quotes: Note: All quotes must take into account the City's franchise fee (Currently 10-percent on all gross receipts for solid waste collection and disposal). City Hall Item 1 - 4305 Santa Fe Avenue: Two (2) three (3) yard bins to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 0.00 Item 2 — 4305 Santa Fe Avenue: Four (4) three (3) yard bins to be picked up five (5) times per week (Monday -Friday) for regular solid waste. Cost Per Month: $ 675.00 City Apartments Item 3 — 3376-3390 50`h Street: One (1) two (2) yard container to be picked up one (1) time per week for recyclable materials. Cost Per Month: _.$ 45 00 Item 4 — 3376-3390 50`h Street: One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: --,,$ 45 .00 Recycling Center Item 5 — 2221 East 551h Street: Three (3) forty (40) yard roll -off containers to be picked up on an as needed basis for regular solid waste. • Hauling Fee Per Load: -$. 50.00 TON• • Dumping Fee Per ftii $ 36.77 Item 6 -- 2221 East.551h Street: One (1) forty (40) roll -off container to be picked up on an as needed basis for green -waste materials. • Hauling Fee Per Load: $ 120.00 TON: • Dumping Fee Per Wd� $ 12.10 6 Item 7 — 2221 East 55th Street: One (1) forty (40) yard roll -off container to be picked up on an as needed basis for waste tires. • Hauling Fee Per Load: $ 120.00 TON: • Dumping Fee Per IKl: $ 48.00 Licht & Power Item 8 — 2715 East 50th Street: One (1) three (3) yard bin to be picked up two (2) times per week for regular solid waste. Cost Per Month: $ 90.00 Item 9 — 5001 Soto Street: One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 45 .00 Item 10 - 5001 Soto Street: One (1) three (3) yard bin to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 0.00 Petrelli Electric Item 11 — 2323 East Vernon Avenue: One (1) four (4) yard bin to be picked up two (2) times per week for regular solid waste. Cost Per Month: $ 62.00 Item 12 -- 2800 Soto Street: One (1) forty (40) yard roll -off container to be picked up on an as needed basis for regular solid waste. • Hauling Fee Per Load: $ 50.00 TON: • Dumping Fee Per W)aij: $ 3 6.7 7 Fire Stations Item 13 —3375 Fruitland Avenue (Fire Station 1): Two (2) three (3) yard bins to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 90.00 Item 14 —4301 Santa Fe Avenue (Fire Station 2): One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 4 5 00 Item 15 —2800 Soto Street (Fire Station 3): Two (2) three (3) yard bins to be picked up one (1) time per week for regular solid waste, Cost Per Month: $ 90.00 Item 16 —2800 Soto Street (Fire Station 3): One (1) three (3) yard bin to be picked up one time per week for recyclable materials. Cost Per Month: $ 0.00 Item 17 —4530 Bandini Blvd (Fire Station 4): One (1) three (3) yard bin to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 45.00 Total Cost Per Month: $ 1232.00 City Housing (Single Family Homes) Item A — (Please see list of addresses — Page 5): One (1) 60-gallon container per single family home to be picked up one (1) time per week for regular solid waste. Cost Per Month: $ 11 .00 Item B - (Please see list of addresses — Page 5): One (1) 60-gallon container per single family home to be picked up one (1) time per week for recyclable materials. Cost Per Month: $ 0.00 l EXHIBIT B CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT AGREEMENT CIIANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: REQUESTED BY: CONTRACTOR You are herebv directed to make the herein described changes from the nriginal Renne. of work of thia agreement_ Contract Amount (Base Bid) .......... ............ ..... .............. $ Amount of This Change Order ..................... .... .. $ Amount of Previous Change Orders .. ... .. ... ... $ Total Change Orders ... .... .. ... .. .... $ Modified Agreement Amount I .. .... ... ..... .: .... .. 1 $ By reason of this order the time of completion will be adjusted as follows: Approved: Date: Acting City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c. tiuuig �—ILy icin ruicuabuigirrujcct rrtcil.ullLraQLUr CITY OF VERNON COMMUNITY SERVICES DEPARTMENT AGREEMENT CHANGE ORDER 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Solid Waste Collection, Disposal and Recycling P.O. NO. TO: Innovative Waste Control, Inc. CONTRACTOR REQUESTED BY: City Y on are hereby directed to make the herein described changes from the original scope of work of this a OMNI F�AICED :L2aiwow Under the bid form, "Solid Waste Collection, Disposal and Recycling Services," bid items 9 & 10 are currently listed as 5001 Soto Street. With the demolition of the 5001 Soto Building, the solid waste and recycling bins were relocated to 2715 East 50th Street. Please amend bid items 9 & 10 to read 2715 East 50th Street. There are no changes in the contract price. Effective August 1, 2006. (Resolution No. 9074), Contract Amount (Base Bid) Monthly Billing Rate $ Amount of This Change Order .............................................. $ Amount of Previous Change Order ........ $ Total Change Orders ........................................... $ Modified Contract Amount $ By reason of this order the time of of completion will be adjusted as follows: Approved: A-- Date: Acting City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and pe rm all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted: Date: l /� Contractor: Title: InnovativeWasteChangeOrderl [1 ].dbc CITY OF VERNON COMMUNITY SERVICES DEPARTMENT CONTRACT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: City Solid Waste. Disposal, & Recycling Services CONTRACT NO. TO: Innovative Waste Control CONTRACTOR REQUESTED BY: City You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. AGREEMENT EXTENSION • Extend the existing Agreement by one-year with an effective date of August 1, 2007. The increase in costs for trash disposal services are shown on the attached 2007 cost schedule provided by Innovative Waste Control and dated April 24, 2007. Contract Amount (Base Bid) $ Amount of This Change Order ... , . , , , , , , , . $ Amount of Previous Change Order .. ........ ... . Total Change Orders .................................................. $ Modified Contract Amount By reason of this order the time of • . $ completion will be Oj sted as follows: I 1 Year Approved: Date: ---Z-7.-,J-7 Director piCo'fitk6i a ices & Water We, the undersigned Contractor, have given Careful nsideration to the change proposed and hereby agree, if this is proposal proved that we will provide all equipment, famish alt materials, except as may otherwise be noted above, and perform all servi ne ss shown above. for wo pecified, and will accept as foil payment therefor the prices Accepted: Date: ae 1 as 10-1 Contract : By: I K/1 ���1 A y5eh C AV% Title: �veSi deh+ Vn. f.'i.1n..nn�D4ni.ipM4 �nM..uPr�QrniOn4%aip /24/2007 13:57 2222255222222 PAGE 02/02 City of Vemou Job Location Desc>iipuon 2006 Price 4305 Santa Fe Ave. Recycling (2x3xi) $0.00 430S Santa Fe Ave. Ttnsh (4)6x5) $675.00 3376-3390 50t Street Recycling (Mxl) $0.00 3376-3390 501' Street Trasb. (lx3x1) $45.00 2221 .1✓asC SS«' Street Trash (3x4OxOn Call) $50.00/%ad & $36.77/tan 222.1 East 554h Street Green Waste (i x40xon Call) . $ I20.00/load & $12.10/ton 2221 Fast 55" Street 1 Tires (1x4O.xOn Call) $I20.06/lood & 45.00/ton 27i.5 East $0 Street Trash (1x3x2) $90.00 5001 Soto Street Trash (Ix3xl) $45.00 5001 $ato Street Recycling (Ix3x1) $0.00 2323 Fast Vernon Ave Trash (lx4-,y2) $62.00 2800 Soto Street Trash. (Ix4Oxon Call) $$0.00/load & $36.77/ton 3375 Fniitland Ave Trash (2x3x1) $90.00 l 2800 Soto Stred Trasli (2x3x1) ,$90.00 2800 Soto Street Recycling (I x3xl) $0.00 4530 I3andirfi Blvd. Trash (1x3x1) $45.00 Residential Trash (Ix60gal.xl) $11.00 Rasiderttial Recycling (lx60pl.xl) $0.00 2007 Price $0.00 $675.00 $0.00 $45.00 $50.00/1oad & 44.00/tors $120.00/lond & $ I2.10/town $120.00/load & $66.00/ton $90.00 $45.00 $0,00 $62.00 $50.001oad & 44.00/ton $90.00 $90.00 $0.00 $45.00 $11.00 $0.00 L OO cti G C cM OD se}t CO V0 m Q u) a T C O O O O aw oOD co Cl) CD =a a rn Lo 00 00 C �' •L'' tp N COO V E G E9 fA CH d N as 0- 0 v o ' oE LO LO N 0 bT N in � > a o C 4a C > O rd a+ CO LO to U) � N o o L ton aoo 0 O O N C�� G. CD 0 a L tt CO N M C c � co � w N LL m M m a O O O C L O m C 'it LO ton I,- I 0 ER 0 d 3 tyq O C O O w C7 69 CO 7 O) �t Y o a w LU Z Z LU V O U U Q IL U U Q •L.. wt-. } ..L.. 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