Resolution No. 10084I
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RESOLUTION NO. 10,084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE NON-EXCLUSIVE SOLID WASTE
FRANCHISE GRANTED TO BFI WASTE SYSTEMS OF NORTH
AMERICA, INC. BY THE CITY OF VERNON PURSUANT TO
RESOLUTION NO. 7320
WHEREAS, on April 27, 1999, the City Council of the City of
Vernon adopted Resolution No. 7320 approving a Non -Exclusive Franchise
Agreement for Solid Waste Management Services dated May 6, 1999, (the
"BFI Agreement") by and between the City of Vernon and BFI.Waste
Systems of North America, Inc. ("BFI"); and
WHEREAS, on September 11, 2006, Allied Waste Services
("Allied") notified the City that a name change had occurred and all
correspondence to BFI should be directed to Allied; and
WHEREAS, by a communication dated September 8, 2009, Allied
requested cancellation of the BFI Agreement due to the merger of
Allied and Republic Services, Inc. ("Republic"), a division of
Consolidated Disposal Service, LLC ("Consolidated"); and
WHEREAS, Consolidated has a valid non-exclusive franchise
agreement for solid waste management services with the City dated
March 3, 1999 (the "Consolidated Agreement") and has assumed waste
collection previously conducted by Allied; and
WHEREAS, by memo dated October 5, 2009, the Director of
Health & Environmental Control, has recommended that the City Council
accept the voluntary termination of the BFI Agreement based upon the
information that Consolidated is compliant with the terms of the
Consolidated Agreement, including franchise fee payments and quarterly
report submission.
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
3 SECTION 1: The City Council of the City of Vernon hereby
4 finds and determines that the recitals contained hereinabove are true
5 and correct.
6 SECTION 2: The City Council of the City of Vernon hereby
7 accepts the voluntary termination of the BFI Agreement approved by
8 Resolution No. 7320 and the franchise granted to BFI is hereby
9 declared terminated, effective October 19, 2009.
10 SECTION 3: The City Council of the City of Vernon hereby
11 directs the City Clerk, or her designee, to send a copy of this
12 Resolution to:
13 Allied Waste Services
9200 Glenoaks Blvd.
14 Sun Valley, CA 91352
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16 SECTION 4: The City Council of the City of Vernon hereby
17 authorizes the City Administrator, or his designee, to take whatever
18 actions are deemed necessary or desirable for the purpose of
19 implementing and carrying out the purposes of this Resolution,
20 including without limitation, the execution for, and on, behalf of, the
21 City of Vernon of any and all documents necessary to carry out the
22 termination of the BFI Agreement.
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SECTION 5: The City Clerk
of the City of Vernon shall
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certify
to the passage, approval and
adoption of this resolution, and
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the City
Clerk of the City of Vernon
shall cause this resolution and
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her certification
to be entered in the Book of Resolutions of the
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Council
of this City.
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APPROVED AND ADOPTED this 19th
day of October, 2009.
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Name: W. Michael McCormick
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Title:''/.Mayor Pro-Tem
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ATTEST:
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MANUELA
GIRON, tity Clerk
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ISTATE OF CALIFORNIA
ss
(COUNTY OF LOS ANGELES
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 10,084, was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Monday,
October 19, 2009, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this( day of October, 2009, at Vernon, California.
(SEAL)
MANUELA GIRON; ity Clerk
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OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 21, 2009
Allied Waste Services
9200 Glenoaks Blvd.
Sun Valley, CA 91352
Re: Termination of the Non -Exclusive Solid Waste Franchise Granted to BFI Waste Systems of
North America
Dear Sir or Madam:
Transmitted herewith is a copy of Resolution No. 10,084 regarding the above -referenced, which
was approved by City Council on October 19, 2009.
If you have any questions regarding this matter, please call Mr. Lewis Pozzebon, at (323) 583-
8811 ext. 229.
Very truly yours,
Nelly Giron
City Clerk
NG:dj
c: Ana Barcia
Lewis Pozzebon
Willard Yamaguchi
Resolution No. 10,084
Agreement No. 99-020
E,Ccfusivefy Industriaf
V
DATE: October 5, 2009 '
TO: Honorable Mayor and City Cou cci
FROM:Aewis Pozzebon, Director / Health -Officer
P.
RE: Acceptance of Voluntary Termination of Solid Waste Franchise
Agreement with BFI Waste Systems of North America, Inc. (Allied
Waste Industries, Inc.)
On April 27, 1999, the City Council approved the solid waste franchise agreement with
BFI Waste Systems of North America, Inc. (BFI). On September 11, 2006, Allied
Waste Services (Allied Waste Industries, Inc.) notified our department that a name
change had occurred and all correspondence was to be directed to Allied Waste
Services. By letter dated September 8, 2009 (attached), Allied Waste Services
requested cancellation of franchise agreement due to the merger of Allied Waste
Services and Republic Services, Inc. Republic Services, Inc. includes a division,
Consolidated Disposal Service, LLC which has a valid franchise agreement with the
City. Consolidated Disposal Service, LLC has assumed waste collection previously
conducted by Allied Waste Services.
FISCAL IMPACT: No fiscal impact to the City. Allied Waste Services is compliant with
the terms of the franchise agreement including franchise fee payments and quarterly
report submissions.
RECOMMENDATION: Based on the information, it is my recommendation that the City
Council accept the voluntary termination of the franchise agreement during the City
Council meeting on October 19, 2009. Following confirmation of the scheduling of an
agenda item on the matter, we will notify Alllied Waste Services of the City's intent to
accept voluntary termination of the BFI / Allied Waste Services franchise agreement.
Attachment
September 8, 2009
City of Vernon
Health Department
4305 Santa Fe Ave
Vernon, CA 90058
�T-z1 a74S
RECEIVED
HEALTH
OEPARTMENT
Re: Cancellation Request for Allied Waste Systems Disposal Hauling
"AN
ALLIED WASTE SERVICES
Allied Waste Systems has merged with Republic Services, Inc. under the name
Republic Services, Inc. (RSI)
As a result of the merger, all of Allied Waste Systems are now hauled under
RSI's Los Angeles Area division Consolidated Disposal Service, LLC.
Consolidated Disposal Service is an existing franchise hauler in the city of
Vernon.
Please discontinue Allied Waste Systems franchise, all reporting and payments
are now included with Consolidated Disposal Service, LLC.
Sincerely,
Theresa Beck
Manager City Reporting
Cc: David L. Davis, CMA
MSW Consultants
www.msw-consultants.com
9200 Glenoaks Blvd.
Sun Valley, CA 91352
888.742.5234 / FAX 818.504.3037
www.disposal.com
RECEIVED
0 C T 0 7 2009
CITY CLERK'S OFFICE
MEMO
l
� oc�
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
To: Donal O'Callaghan, City Administrator `Nx\d�
From: Lewis Pozzebon, Director, Health and Environmental Control
VN
Subject: Request for City Council Approval of Voluntary Termination of the Solid Waste Non -
Exclusive Franchise Agreement
Date: October 5, 2009
We have received a request for the voluntary termination of the Solid Waste Non -Exclusive Franchise
Agreement with BFI Waste Systems / Allied Waste Services. Allied Waste Services has been merged into a
company, Republic Services, Inc. /Consolidated Disposal Service, LLC. Consolidated Disposal Service,
LLC has a valid franchise agreement with the City and is compliant with the terms of the agreement.
I am requesting your concurrence with the forwarding of the enclosed staff report with attachment to the City
Clerk for processing and scheduling of an agenda item. I am recommending its consideration at the October
19, 2009 City Council meeting.
If you have any questions or need further information, please advise.
Lp/mydoc/sw/franchise/termination/City Admin_transmittal voluntary
WECEIVED
OCT 0 5 2009
BY: 'P-,sr-