request for council action certificate number n/a

REQUEST FOR COUNCIL ACTIONCITY OF SAN DIEGO

CERTIFICATE NUMBER

(FOR COMPTROLLER’S USE ONLY)

N/A

TO: CITY COUNCIL

FROM (ORIGINATING DEPARTMENT): Environmental Services

DATE:10/22/2014

SUBJECT: Transfer of Non-Exclusive Solid Waste Collection Franchise

PRIMARY CONTACT (NAME, PHONE): Samuel Merrill,(858) 573-1253

SECONDARY CONTACT (NAME, PHONE):Rochelle Monroe, (858) 573-1298

COMPLETE FOR ACCOUNTING PURPOSESFUND

FUNCTIONAL AREA

COST CENTER

GENERAL LEDGER

ACCT

WBS OR INTERNAL

ORDER

CAPITAL PROJECT No.

AMOUNT 0.00 0.00 0.00 0.00 0.00

FUND

FUNCTIONAL AREA

COST CENTER

GENERAL LEDGER

ACCT

WBS OR INTERNAL

ORDER

CAPITAL PROJECT No.

AMOUNT 0.00 0.00 0.00 0.00 0.00

COST SUMMARY (IF APPLICABLE):

ROUTING AND APPROVALS

CONTRIBUTORS/REVIEWERS: APPROVING AUTHORITY

APPROVAL SIGNATURE

DATESIGNED

Financial Management ORIG DEPT. Greenhalgh, Darren 10/24/2014

Liaison Office CFO

Environmental Analysis

DEPUTY CHIEF

Equal Opportunity Contracting

COO

Comptroller CITY ATTORNEY

COUNCILPRESIDENTS OFFICE

PREPARATION OF: RESOLUTIONS ORDINANCE(S) AGREEMENT(S) DEED(S)

Approve the transfer of the Express Waste and Recycling, Inc., Non-Exclusive Franchise for Solid WasteManagement Services and authorize execution of the Consent to Assignment of the Franchise Agreement.

STAFF RECOMMENDATIONS:Approve the requested action.

SPECIAL CONDITIONS (REFER TO A.R. 3.20 FOR INFORMATION ON COMPLETING THIS SECTION)

COUNCIL DISTRICT(S): All

COMMUNITY AREA(S): All

ENVIRONMENTAL IMPACT: This activity is not a “project” and therefore is not subject to CEQA pursuantState CEQA guidelines section 15060(c)(3).

CITY CLERK INSTRUCTIONS:

This item is subject to Charter Section 103 - Granting of Franchiserequirements (approval by Ordinance and 6 votes required). This Item issubject to Charter Section 99 requirements (10 day public noticing and 6 votesrequired).

COUNCIL ACTION

EXECUTIVE SUMMARY SHEETCITY OF SAN DIEGO

DATE: 10/22/2014ORIGINATING DEPARTMENT: Environmental ServicesSUBJECT: Transfer of Non-Exclusive Solid Waste Collection FranchiseCOUNCIL DISTRICT(S): AllCONTACT/PHONE NUMBER: Samuel Merrill/(858) 573-1253 DESCRIPTIVE SUMMARY OF ITEM:Adopt an ordinance approving the transfer of the Express Waste and Recycling, Inc.(Express)Non-Exclusive Solid Waste Collection Franchise to EDCO Disposal CorporationSTAFF RECOMMENDATION:Approve the requested action.EXECUTIVE SUMMARY OF ITEM BACKGROUND: EDCO Disposal Corporation hasrequested City approval of the transfer of the Express solid waste collection franchise to EDCO.This action requests the City’s consent to transfer the existing Express Franchise to EDCO. BACKGROUNDOn October 21, 1996, the City Council enacted Ordinance No. O-18353, which amended the SanDiego Municipal Code to establish Non-Exclusive Solid Waste Collection Franchises for solidwaste haulers. Under City Charter Section 103, franchises may be granted only by ordinanceapproved by a two thirds vote of the City Council. Charter Section 103, together with San DiegoMunicipal Code section 66.0120, prohibit the transfer, sale, lease, or assignment of a franchisewithout Council approval which shall not be unreasonably withheld. Charter section 103 furtherstates that: "Absent Council approval, the franchise shall not be deemed to have been transferredto the new entity." The City of San Diego currently has a non-exclusive solid waste collection franchise system thatconsists of 12 companies that own 21 franchise agreements. Each parent company and subsidiaryproviding collection services within the City of San Diego must have a separate and distinctfranchise agreement. There is currently a two-tier system consisting of Class I haulers thatcollect up to 75,000 tons per year and Class II haulers that collect a minimum of 75,000 tons peryear. EDCO has requested City approval of the transfer of the Express Waste and Recycling, Inc.franchise. Express has reported that they intend to sell their franchise along with any pertinentassets to EDCO. EDCO has indicated they intend to purchase the Express franchise, along withtheir customer list(s), numbers and addresses. They also indicated that they intend to continue tooperate Express as a subsidiary of EDCO and to continue providing the same service levels toExpress’ entire existing customer base with no change in pricing for the foreseeable future. DISCUSSIONThe current two-tier system was primarily designed with the intent of providing a reasonablenumber of waste collection service providers to the residents and businesses within the City of

San Diego. The current balance consists of 9 Class I and 3 Class II haulers. If Council approvesthe transfer of the Express franchise to EDCO, there would be one less Class I hauler. Thiswould result in a total of 21 franchise agreements (same as before) with a breakdown of 8 (eight)Class I haulers (each with a franchise), Waste Management with 7 (seven) franchises, EDCOwith 5 (five) franchises, and Allied with 1 (one). The City has maintained 21 franchiseagreements; this structure inherently safeguards against potential monopolization of franchiseagreements and ensures a good balance of competition between the haulers. Express controlsapproximately 2% of the total market share of collection services by private haulers, whileEDCO currently controls 21%. Although this transfer would not result in an unreasonable shiftin current market shares, the City needs to exercise caution in allowing a trend of market shareshifts that would result in significant ownership of franchises and customer base. In order tomaintain a viable non-exclusive franchise system and sustain a competitive environment,requests for transfers of these types shall be monitored on a case-by-case basis. EDCO’s proposal would result in a Class I franchise being transferred to a Class II franchisee.City of San Diego Municipal Code section 66.0120(c) states “…a Class I Franchise shall not betransferred to a Class II Franchisee without the proper approval of Council which shall not beunreasonably withheld and providing that such transfer does not unreasonably impactcompetition or further consolidate the market share of commercial waste collected by the Class IIFranchisee.” In support of its request for transfer of the franchise, EDCO has provided documentationregarding the legal structure, control, and ownership of the company; the financial wherewithalof the combined company; key personnel, staffing, and records retention matters; and securityfor performance of franchise obligations. The City also has certificates of insurance providingcurrent proof of all insurance as required per the current Franchise Agreement. Based onevaluation of the material on file and the historical performance of EDCO, staff recommendsapproval of the request to transfer the franchise and assignment of the franchise agreement toEDCO.

FISCAL CONSIDERATIONS: There are no anticipated expenses or significant revenue impactsrelated to this action. This action will authorize the transfer of a franchise from one company toanother. EQUAL OPPORTUNITY CONTRACTING INFORMATION (IF APPLICABLE): Thisagreement is subject to the City’s Equal Opportunity Contracting (San Diego Ordinance No.18173, Section 22.2701 through 22.2708) and Non-Discrimination in Contracting Ordinance(San Diego Municipal Code Sections 22.3501 through 22.3517). PREVIOUS COUNCIL and/or COMMITTEE ACTION (describe any changes made to the itemfrom what was presented at committee): None COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: This action is atransfer of an existing franchise and will not result in a decrease or increase of hauling servicesavailable to the businesses or residents of the City of San Diego.

KEY STAKEHOLDERS AND PROJECTED IMPACTS:City of San DiegoEDCO Disposal CorporationExpress Waste and Recycling, Inc.

Greenhalgh, DarrenOriginating Department

Deputy Chief/Chief Operating Officer

Premi

um: $

480.0

0

CITY

OF

SAN

DIE

GO

Env

iron

men

tal S

ervi

ces D

epar

tme

nt

NON

-EX

CLU

SIV

E SO

LID

WAST

E C

OLL

ECT

ION

FR

ANC

HIS

E

Sure

ty B

ond

For

Per

form

ance

WHER

EAS

EDCO

DiSID

OSal C

orpora

tion db

a Expr

ess W

aste &

Recyc

ling, I

nc.

,herea

fter c

alled

'Princ

ipal,"

has

made

app

licati

on pu

rsuan

t to

San D

iego

Munici

pal C

ode s

ection

66.

0112

to th

e

Direc

tor o

f the

Envi

ronm

ental

Serv

ices

Depa

rtment o

f the

City

of Sa

n Die

go, h

ereaf

ter c

alled

"Dire

ctor,"

for a

non-

exclu

sive f

ranch

ise to

colle

ct and

subs

equen

tly tra

nspor

t, tran

sfer,

and d

ispos

e of

solid

wast

e, her

eafte

r call

ed "th

e Fra

nchis

e";

NOW , TH

ERE

FORE ,

Prin

c ipa

l and

Intern

ationa

l Fide

lity In

suranc

e Com

pany

, a

corpo

ration

orga

nized

and

existi

ng un

der a

nd by

virtu

e of t

he la

ws of

the S

tate o

f Cal

iforn

ia an

d dul

y

autho

rized

to tr

ansac

t sure

ty bu

sines

s in t

he St

ate o

f Cal

iforn

ia, he

reafte

r call

ed, "S

urety

," agr

ee th

at

they

are h

eld a

nd fir

mly b

ound

, join

tly an

d sev

erally

, to th

e Cit

y of S

an D

iego,

mun

icipa

l corp

oratio

n,

herea

fter c

alled

"City

," in

the su

m of

FOR

TY

THO

USAN

D DO

LLA

RS (

$40,0

00.00

).

The c

ondit

ions

of thi

s obl

igatio

n are

as fo

llows

: If th

e Prin

cipal

faith

fully

perfo

rms a

nd co

mplie

s wit

h

its ob

ligat

ions

under

the

grant

of F

ranch

ise, t

he F

ranch

ise A

greem

ent, a

nd an

y wa

ste d

elive

ry

agree

ment,

as the

y ma

y be

amended

, and

com

plies

with

the S

an D

iego

City

Chart

er, S

an D

iego

Munici

pal C

ode a

nd al

l othe

r app

licabl

e law

s, rul

es, an

d reg

ulatio

ns, a

s they

may

be a

mend

ed, a

nd

timel

y pay

s in f

ull al

l Fran

chise

fees,

AB 9

39 fe

es, la

te fee

s, pen

alties

, and

fines

, and

inde

mnifi

es an

d

holds

the C

ity of

San

Dieg

o har

mless

from

any

dama

ges o

r loss

it su

ffers

from

the P

rincip

al's fa

ilure

to

faithf

ully s

o per

form

or co

mply

, incl

uding

for t

he fu

ll am

ount

of an

y com

pensa

tion,

indem

nifica

tion o

r

cost

of rem

oval

or ab

andon

ment o

f any

prop

erty

of the

Prin

cipal,

plus

a rea

sonab

le al

lowan

ce fo

r

attorn

ey's f

ees a

nd co

sts, th

en th

is obl

igatio

n sha

ll be

void;

othe

rwise

, this

oblig

ation

shall

rema

in in

full

force

and e

ffect.

IT IS

FUR

THE

R UN

DER

STOO

D AN

D AG

REED

THA

T thi

s bon

d is c

ontin

uous

in na

ture a

nd sh

all

rema

in in

full f

orce

and e

ffect

unles

s can

celed

in ac

corda

nce w

ith th

e pro

visio

ns co

ntain

ed he

rein a

nd

that c

overa

ge u

nder

this b

ond s

hall a

pply

to an

y fra

nchis

es is

sued

by th

e Dir

ector

whi

le the

bon

d

rema

ins in

force

.

IT IS

FUR

THE

R UN

DER

STO

OD A

ND A

GRE

ED T

HAT

upon

the P

rincip

al's n

onper

form

ance

or

nonco

mplia

nce w

ith th

e gra

nt of

Franc

hise,

the F

ranch

ise A

greem

ent, a

ny w

aste d

eliver

y agr

eeme

nt, th

e

San D

iego

City

Char

ter, S

an D

iego

Munici

pal C

ode o

r othe

r app

licab

le law

s, rul

es, an

d reg

ulatio

ns,

regar

dless

of fa

ult, th

e Dir

ector

shall

notif

y the

Sure

ty of

the n

onpe

rform

ance

or no

ncom

plian

ce by

the

Princ

iple

and t

he ste

ps ne

cessa

ry to

cure

such

nonp

erfor

mance

or no

ncom

plian

ce. U

pon r

eceip

t of

notifi

catio

n, the

Sure

ty sha

ll be

oblig

ated t

o imm

ediat

ely co

mply

with

the p

erfor

manc

e req

uirem

ents o

f

this b

ond o

r pay

the

costs

neces

sary

to bri

ng ab

out c

omplian

ce, n

ot to

excee

d

$40,0

00.00

with

in 14

calen

dar d

ays fr

om th

e date

of de

mand

by th

e Dir

ector

for s

uch c

ure o

r pay

ment

.

IT IS

FUR

THE

R UN

DER

STOO

D AN

D AG

REED

THA

T the

Sure

ty sh

all ha

ve th

e righ

t to w

ithdra

w

as Su

rety f

rom t

his bo

nd pr

ovide

d it g

ives t

he Pr

incip

al and

the D

irecto

r,

a min

imum

nine

ty (90

) day

s

adva

nce w

ritten

noti

ce by

cert

ified

mail

to th

at eff

ectk

nine

ty da

ys af

ter th

e not

ice is

rece

ived,

the

liabil

ity o

f the

Suret

y sha

ll the

reaf te

r term

inate,

exce

pt as

to an

y liab

ilities

or i

ndebt

ednes

s alr

eady

incur

red o

r acc

rued.

Noti

ce sh

all be

sent

as fo

llows

:

Octob

er 20

14

2nd

Day

of O cto be

r

(SEA

L)

,

2014

. (year

)

EDCO

Disposa

l Corpo

ration d

ba

Expres

s Waste &

Recycli

ng, Inc.

Franch

ise Ad

minist

rator

Enviro

nment

al Serv

ices D

epartm

ent/Re

source

Mana

gemen

t Divis

ion

9601 R

idgeha

ven Co

urt, Su

ite 210

San D

iego, C

A 921

23-163

6

IT IS F

URTH

ER UN

DERS

TOOD

AND

AGRE

ED TH

AT th

e aggre

gate li

ability

of the

Surety

shall n

ot

exceed

the pe

nal sum

of this

bond.

IN WITNES

S WHERE

OF, th

e Prin

cipal a

nd the

Suret

y have

each

execu

ted thi

s docu

ment a

nd

surety

agreem

ent by

the sig

nature

s of th

eir res

pectiv

e autho

rized r

eprese

ntative

s on th

is

Sigua

luebri

NinZi

pal

Steve S

outh, P

residen

t & CEO

Type o

r Print

Name

and T

itle

Int r

tional F

idelity I

nsuran

ce Com

pany

ty Nam

e

Attorn

ey - in

- Fact

Lawrence

F. McMa

hon

2999 O

ak Roa

d, Suite

820, W

alnut C

reek, C

A 9459

7

Addre

ss of S

urety

(SEA

L)

( 925

)

256-8

760

Surety

Telep

hone

( 925

) 256-1

080

Surety

Fax

BOND

NO,

602596

RENE

WAL, D

ATE

10 /

02 /

15

MM

DD

Y Y

CONT

INUO

US?

X YE

S

NO

Octobe

r 2014

Signatur

11"4 R. Martin

RIGHT THUMBPRINT

OF SIGNER

Top of thumb here

RIGHT THUMBPRINT

OF SIGNER

Top of thumb here

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

County of San Diego

on

OCT 0 2 2014

before me,

Janice R. Martin

, Notary Public,

Date Insert Name of Notary exactly as it appears on the official seal

personally appeared

Lawrence F. McMahon

Name(s) of Signer(s)

JAN ICE R. MARTIN

S

C OM M . #19 8 65 64 0

NOTARY PUBLIC-CALIFORNIA ,,

u)

an %A -2

r

SAN DIEGO COUNTY

My Commission Expires

_ JULY 29 2016

Place Notary Seal Above

who proved to me on the basis of satisfactory evidence to

be the personN whose name(*) is/ t0 subscribed to the

within instrument and acknowledged to me that heeffifffai

executed the same in histrififfiM authorized capacity(,

and that by his/H ill/MI signatureN on the instrument the

person, or the entity upon behalf of which the person(*)

acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of

the State of California that the foregoing paragraph is true

and correct.

Witness my

244CLE

nd official seal

OPTIONAL

Though

the information below is not required by law, it may prove valuable to persons relying on the document

and could prevent fraudulent removal and reattachment of

the form to another document.

Description of Attached Document

Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(les) Claimed by Signer(s)

Number of Pages:

Signer's Name:

111 Individual

I=1 Corporate

Officer —

Title(s):_

D Partner D Limited D General

Wi Attorney in Fact

El Trustee

D

Guardian or Conservator

Li

Other:

Individual

· Corporate Officer — Title(s ):

O

Partner

El Limited El General

El

Attorney in Fact

O Trus tee

O Guardian or Conservator

El Other:

Signer's Name:

Signer is Representing: Signer is Representing:

STATE

OF N

EW JE

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County

of Ess

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ALL M

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That I

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IDELIT

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MPAN

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a corp

oration

organi

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d exist

ing un

der

the law

s of th

e Stat

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ew Je

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nd

ALLE

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a corp

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organ

ized an

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havin

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their tr

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attorn

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to exe

cute, s

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d deliv

er for a

nd on

its beh

alf as s

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by law

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contra

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s bind

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on the

said I

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ANY a

nd AL

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fully a

nd am

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all int

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the sa

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d been

duly e

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d and

acknow

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by the

ir regu

larly el

ected

officer

s at th

eir prin

cipal o

ffices.

This P

ower o

f Attor

ney Is

execu

ted, an

d

may

be rev

oked,

pursua

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nd by

author

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of INT

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and Is

grante

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r and b

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f the fo

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tion ad

opted

by the

Board

of Dir

ectors

of INT

ERNA

TIONA

L FIDE

LITY IN

SURA

NCE C

OMPA

NY at

a mee

ting du

ly held

on the

20th d

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by the

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of Dire

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ALTY

COMP

ANY a

t a me

eting d

uly hel

d on th

e 15th

day o

f Augu

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that (1

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reside

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ident,

Execu

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or Sec

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of the

Corpo

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shall h

ave th

e powe

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point,

and to

revok

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the ap

pointm

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f, Attor

neys-in

-Fact o

r agen

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power

and a

uthorit

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fined o

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eir res

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power

s of at

torney

, and t

o exec

ute on

behal

f

of the

Corpo

ration

and af

fix the

Corpo

ration'

s seal

theret

o, bon

ds, un

dertak

ings, r

ecogn

izance

s, con

tracts

of inde

mnity

and ot

her wr

itten o

bligati

ons in

the

nature

thereo

f or rel

ated th

ereto;

and (2

) any s

uch O

fficers

of the

Corpo

ration

may a

ppoint

and re

voke t

he app

ointme

nts of

joint-c

ontrol

custod

ians, a

gents

for acc

eptanc

e of pr

ocess

, and A

ttorney

s-in-fa

ct with

autho

rity to

execu

te wai

vers a

nd con

sents

on beh

alf of t

he Co

rporat

ion; an

d (3) t

he sig

nature

of any

such O

fficer o

f the C

orpora

tion an

d the C

orpora

tion's s

eal ma

y be a

ffixed

by fac

simile

to any

powe

r of att

orney

or cert

ificatio

n give

n for th

e exec

ution o

f any

bond,

undert

aking,

recog

nizanc

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tract o

f Indem

nity or

other

written

obliga

tion in

the na

ture th

ereof o

r relate

d there

to, suc

h sign

ature a

nd sea

ls whe

n

so use

d whe

ther h

eretof

ore or

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fter, b

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ereby

adopte

d by th

e Corp

oration

as the

origin

al sign

ature

of suc

h offic

er and

the or

iginal

seal o

f the

Corpo

ration,

to be

valid a

nd bin

ding u

pon th

e Corp

oration

with th

e sam

e force

and e

ffect a

s thou

gh ma

nually

affixed

."

IN WIT

NESS

WHE

REOF

, INTE

RNAT

IONAL

FIDE

LITY I

NSUR

ANCE

COM

PANY

and A

LLEG

HENY

CASU

ALTY

COMP

ANY h

ave ea

ch exe

cuted

and

atteste

d thes

e pres

ents o

n this 1

2th da

y of M

arch, 2

012.

ROBE

RT W.

MINS

TER

Execu

tive Vi

ce Pre

sident/

Chief O

peratin

g Offic

er

(Intern

ationa

l Fideli

ty Insu

rance

Compa

ny)

and Pr

esiden

t (Alleg

heny C

asualt

y Com

pany)

On thi

s 12th

day o

f Marc

h 2012

, befor

e me c

ame th

e indiv

idual w

ho exe

cuted

the pre

ceding

instru

ment,

to me

person

ally kn

own, a

nd, be

ing by

me du

ly

sworn

, said

he is t

he the

rein de

scribe

d and

author

ized o

fficer o

f INTE

RNAT

IONAL

FIDEL

ITY IN

SURA

NCE C

OMPA

NY an

d ALL

EGHE

NY CA

SUAL

TY

COMP

ANY;

that th

e seal

s affix

ed to s

aid ins

trumen

t are th

e Corp

orate S

eals o

f said

Comp

anies;

that th

e said

Corpo

rate S

eals a

nd his

signa

ture w

ere

duly af

fixed b

y orde

r of the

Board

s of Di

rectors

of said

Comp

anies.

,

I

E

: to- · Ar

e f· -·

6.. E

· , 1n1n-

: , t..959/

IN TES

TIMON

Y WHE

REOF

, I hav

e here

unto s

et my

hand a

ffixed m

y Offic

ial Sea

l,

at the

City of

Newa

rk, New

Jerse

y the d

ay and

year f

irst ab

ove wr

itten.

A NOT

ARY P

UBLIC

OF NE

W JER

SEY

My Co

mmiss

ion Ex

pires M

ar. 27,

2014

CERT

IFICA

TION

I, the u

ndersi

gned o

fficer o

f INTE

RNAT

IONAL

FIDEL

ITY IN

SURA

NCE C

OMPA

NY an

d ALLE

GHEN

Y CAS

UALTY

COMP

ANY d

o here

by cer

tify tha

t I hav

e

compa

red the

forego

ing co

py of t

he Pow

er of A

ttorney

and a

ffidavit

, and t

he cop

y of th

e Sect

ions o

f the B

y-Law

s of sa

id Com

panies

as se

t forth

in said

Power

of Att

orney,

with t

he orig

inals o

n file i

n the h

ome o

ffice o

f said

compa

nies, a

nd tha

t the s

ame a

re corr

ect tra

nscrip

ts ther

eof, an

d of th

e who

le

of the

said or

iginals

, and t

hat the

said P

ower o

f Attorn

ey has

not be

en rev

oked a

nd is n

ow in f

ull forc

e and

effect.

IN TE

ST IM

ONY

WHERE

OF, I

have

hereu

nto se

t my h

and th

is

day o

f

OCT

0

2 20

14

MARIA

BRAN

CO, A

ssistan

t Secre

tary-

-

ACRD

CERTIFICATE OF LIABILITY INSURANCE

4iI rr i.

DATE (MM/DDIYYYY)

10/21 /2014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADD ITIO NAL INSURED , the policy(ies) must be endorsed. 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).

PRODUCER

San Marcos - Alliant Insurance Services, Inc.

Suite 100

San Marcos CA 92069

CONTACT

NAME:

Wilhem Morelos

PHONE

(760) 304-7120

FAX No):

(760) 304-7360

(A/C N Eat).

E-MAIL

[email protected]

ADDRESS:

INSURER(S) AFFORDING COVERAGE

NAIC #

INSURER A

:National Union Fire Ins Co Pittsbur

19445

INSURED

EDCO Disposal Corporation

dba Express Waste & Recycling, Inc.

6670 Federal B lvd.

Lemon G rove CA 91945-1392

INSURER B :

Rockhill Insurance Company

28053

IN SU RER C :Indemn ity

Insurance Company of N A

43575

INSURER D

:ACE American Insurance Co.

22667

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER:

1457848063

THIS IS

TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQU IREMENT , TERM OR CONDIT ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR

TYPE OF INSURANCE

ADDL

INSD

SUBR

VVVD

POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

LIMITS

C x COMMERCIAL GENERAL LIABILITY Y

G 2496844302

10/15/2014

10/15/2015

EACH OCCURRENCE

$1,000,000

CLAIMS-MADE X OCCUR

DAMAGE TO RENTED

PREMISES (Ea occurrence)

$300,000

X

$100 000 SIR

MED EXP (Any one person)

$10,000

PERSONAL & ADV INJURY

$1,000,000

GE

X

'L AGGREGATE

POLICY

OTHER:

LIMIT APPLIES

PRO-

JECT

PER:

LOC

GENERAL AGGREGATE

$2,000,000

PRODUCTS - COMP/OP AGG $2,000,000

$

D

X

x

X

X

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED

HIRED AUTOS

Cargo Poll L

,

A

SCHEDULED

AU T OS

NON-OWNED

AUTOS

Y

H 08788972002

10/15/2014 10/15/2015

COMBINED SINGLE LIMIT

(Ea accident)

.,

s, 1,000,000

BODILY INJURY (Per person) $

BODILY INJURY (Per accident) $

PROPERTY DAMAGE

(Per accident)

$

$

B

A

X

X

UMBRELLA LIAB

EXCESS LIAB

X

OCCUR

CLAIMS-MADE

FF01124500

BE015761243

10115/2014

10/15/2014

10/15/2015

10/15/2015

EACH OCCURRENCE

$25,000,000

AGGREGATE

$20,000,000

DED

RETENTION $

$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

If yes, describe under

DESCRIPTION OF OPERATIONS below

N / A

PER

STATUTE

0TH-

ER

E.L. EACH ACCIDENT

$

E.L. DISEASE - EA EMPLOYEE

$

E.L. DISEASE - POLICY LIMIT $

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed)

RE: RUBB ISH HAULING

CITY OF SAN DIEGO IS INCLUDED AS AN ADDIT IONAL INSURED UNDER GENERAL LIAB ILITY AND AUTOMOBILE LIAB ILITY PER

THE ATTACHMENTS.

CERTIFICATE HOLDER

CITY OF SAN DIEGO

ENVIRONMENTAL SERVICES

9601 RIDGEHAVEN COURT #210

SAN DIEGO CA 92123-1636

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXP IRATION DATE THEREOF, NOTICE W ILL BE DEL IVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

© 1988-2014 ACO RD CO RPO RATIO N. All rights reserved.

ACO RD 25 (2014/01)

The ACO RD name and logo are registered marks of ACO RD

POLICY NUMBER:

OGL G24968443

COMMERCIAL GENERAL LIABILITY

CG 20 12 05 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIAB ILIT Y COVERAGE PART

SCHEDULE

State Or Governmental Agency Or Subdivision Or Political Subdivision:

the City of San Diego, its elected officials, officers, agents and employees

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II

— Who Is An Insured

is amended to in-

clude as an in sured any sta te or go vernmen ta l

agency or subdivision or political subdivision shown in

the Schedule, subject to the following provisions:

1. This insurance applies only with respect to opera-

tions performed by you or on your behalf for which

the state or governmental agency or subdivision or

po litica l subdivision has issued a permit or au-

thorization.

2. This insurance does not apply to:

a.

"Bodily injury", "property damage" or "personal

and advertising injury" arising out of operations

performed for the federal government, state or

municipality; or

b. "B odily in jury" or "property damage" included

w ithin the "products-completed opera tio n s

hazard".

CG 20 12 05 09

© Insurance Services Office, Inc., 2008

Page 1 of 1


CG 20 01 04 13


PRIMARY AND NONCONTRIBUTORY

OTHER INSURANCE CONDITION


COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS! COMPLETED OPERATIONS LIABILITY COVERAGE PART

The fo llow ing is added to the Other Insurance

Condition and supersedes any provision to the

contrary:

Primary And Noncontributory Insurance

This insurance is primary to and will not seek

contribution from any other insurance available

to an additional insured under your policy

provided that:

(1)

The additional insured is a Named Insured

under such other insurance; and

(2) You have agreed in writing in a contract or

agreement that this insurance would be

primary and would not seek contribution

from any other insurance available to the

additional insured.

CG 20 01 04 13

0 Insurance ServicBs Office, Inc., 2012

Page 1 of 1

Insult:1J Copy

POLICY NUMBER: CAL H08788972

COMMERCIAL AUTO

CA 20 48 02 99


DESIGNATED INSURED


BUSINESS AU TO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un less

modified by this endorsement.

T his endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-

sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

T his endorsement changes the policy effective on the inception date of the policy unless another date is indi-

cated below.

Endorsement Effective:

10/15/2014

Countersigned By:

(Authorized Representative)

Named Insured:


SCHEDULE

Name of Person(s) or O rganization(s):

As per the City of San Diego, its elected officials, officers agents and employees.

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations

as applicable to the endorsement.)

Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent

that person or o rgan iza tio n qua lifies as an "in sured" under the Who Is An In sured Provisio n con ta ined

in Section II

of the Coverage Form.

037

CA 20 48 02 99

Copyright, Insurance Services Office, Inc., 1998

Page 1 of 1

0

NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS

Named Insured


Endorsement Number

Policy Symbol

CAL

Policy Number

H08788972

Policy Period

10/15/2014 TO 10/15/2015

Effective Date of Endorsement

10/15/2014

Issued By (Name of Insurance Company)

ACE American Insurance Company

Insert the policy number. T he remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.


BUSINESS AUTO COVERAGE FORM

TRUCKERS COVERAGE FORM

Schedule

Organization

As per the City of San Diego, its elected officials ,

officers agents and employees.

Additional Insured Endorsement

CA 20 48

(If no information is filled in, the schedule shall read: "All persons or entities added as additional insureds

through an endorsement with the term "Additional Insured" in the title)

For organ iza tions that are lis ted in the Schedule above that are also an Additiona l Insured under an endorsement

attached to this policy, the following is added to Section IV.B.5.:

If other insurance is available to an insured we cover under any of the endorsements listed or described above (the

"Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis

and we will not seek contribution from the other insurance available to the Additional Insured.

Authorized Agent

DA-21886 (03/07)

Page 1 of 1

039

E D CO D IS-01 TD AVE NPO RT

.04,4c-c),Fecr

CERTIFICATE OF LIABILITY INSURANCE

ktill111

DATE (MM/DD/YYYY)

10/20/2014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT:

If the certificate holder is an ADD ITIO NAL INSURED , the policy(ies) must be endorsed. 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).

PRODUCER

License # 0C36861

Inland Empire-Alliant Insurance Services, Inc.

735 Carnegie D r Ste 200

San Bernardino, CA 92408

CONTACT

NAME:

Karen M Adcock

PHONE

LA_mic

AiNt

o. Ext):

(909) 886-9861

rk )

a, No):

(909) 886-2013

ADDRESS:

[email protected]

INSURER(S) AFFORDING COVERAGE

NAIC #

INSURER A :

Travelers Property Casualty Co of Amer

25674

INSURED

E dco D isposal Corporation

dba E xpress Waste & Recycling, Inc.

6670 Federal Blvd

Lemon G rove, CA 91945-1392

INSURER D.

INSURER B:

INSURER C:

INSURER E:

INSURER F :

COVERAGES

CERTIFICATE NUMBER:

TH IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQU IREMENT , TERM OR CONDIT ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR

TYPE OF INSURANCE

ADDL

INSD

SUBR

VVVD

POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

LIMITS


EACH OCCURRENCE

$

CLAIMS-MADE

OCCUR

DAMAGE TO RENTED

PREMISES (Ea occurrence)

MED EXP (Any one person)

PERSONAL & ADV INJURY

$

GENII AGGREGATE

P O L IC Y

OTHER:

LIMIT APPLIES

PRO-

JECT

PER:

LOC

GENERAL AGGREGATE

$

PRODUCTS - COMP/OP AGO

$

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED

AUTOS

HIRED AUTOS

SCHEDULED

AUTOS

NON-OWNED

AUTOS

COMBINED SINGLE LIMIT

(Ea accident)

$

BODILY INJURY (Per person)

$

BODILY INJURY (Per accident)

$

PROPERTY DAMAGE

(Per accident)

$

$

UMBRELLA LIAB

EXCESS LIAB

OCCUR

CLAIMS-MADE

EACH OCCURRENCE

$

AGGREGATE

$

DED

RETENT ON $

$

A

WORKERS COMPENSATION

AND EMPLOYERS LIABILITY

YIN

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

If yes, describe under

DESCRIPTION OF OPERATIONS below

. ,

'f

N /A

X

TC2JU9419J185614

09/19/2014

ER

09/19/2015

v PER

STATUTE

0T H -

E.L. EACH ACCIDENT

$

1,000,000

E.L. DISEASE -

EA EMPLOYEE $

1,000,000

E.L. DISEASE - POLICY LIMIT

$

1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Job: Operations perta in ing to named insured for certho lder.

Waiver of subrogation applies as resoects to workers compensation per endorsement attached.

CERTIFICATE HOLDER

City of San D iego

E nvironmental Services

9601 Ridgehaven Court #210

San D iego, CA 92123-1636

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXP IRATION DATE THEREOF, NOTICE W ILL BE DEL IVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

© 1988-2014 ACO RD CO RPO RATIO N. All rights reserved.

ACORD 25 (2014/01)

The ACO RD name and logo are registered marks of ACO RD

WORKERS COMPEN SAT ION

AND

EMPLOY ERS LIAB ILIT Y POLICY

EN DORSEMEN T WC 9903 76 (00) — 001

POLICY NUMBER: TC2JUB419J185614

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT .CALIFORNIA

(BLANKET WAIVER}

We have the right lo recover our payments from anyone liable for an njury covered by this policy. We will no t

enforce our right against the person or organization named h the Schedule.

Y ou must mainta in payro ll records accurately segregating the remuneration or your employees while engaged in

the work described in the Schedule.

T he additiona l premium for this endorsement shall be

5.0 % of the California workers compensation

premium otherwise due on such remuneration.

Schedule

Person or Organ iza tion

Job Descrip tio n

As required by written con tract

DAT E OF ISSU E. 9/ 19/ 1 4 ST ASSIG N :

CO

NS

EN

T T

O A

SS

IG

NM

EN

T O

F C

LA

SS

1

NO

N-

EX

CL

US

IV

E F

RA

NC

HI

SE

AG

RE

EM

EN

T

FO

R S

OL

ID

W

AS

TE

M

AN

AG

EM

EN

T S

ER

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CE

S

Th

is c

on

sen

t to

th

e a

ssi

gn

me

nt

of

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s I

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xcl

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ve

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nch

ise

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ree

me

nt

bet

we

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Cit

y o

f S

an

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go

and

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CO

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sal

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rpo

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d W

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ana

gem

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[Co

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ent

] is

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int

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een

th

e C

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of

Sa

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o [

Cit

y],

ED

CO

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d t

he

req

ues

ted

tra

nsf

er

of

the

Fr

anc

his

e a

nd

ass

ign

me

nt

of

the

Ag

ree

me

nt,

as

am

end

ed,

an

d h

as

det

erm

ine

d t

o c

ons

ent

th

ere

to

upo

n t

he

ter

ms

an

d c

ond

itio

ns

con

tain

ed

her

ein

;

NO

W

TH

ER

EF

OR

E,

the

Ci

ty,

Ex

pre

ss,

an

d E

DC

O,

for

an

d i

n c

ons

ide

rat

ion

of

th

e m

utu

al

cov

ena

nts

an

d a

gre

em

ent

s h

ere

ina

fte

r st

ate

d a

nd

the

pe

rfo

rm

anc

e th

ere

of,

an

d f

or

oth

er

val

uab

le

and

ad

equ

ate

co

nsi

der

atio

n, d

o p

rom

ise

an

d a

gre

e f

or

and

on

be

hal

f o

f th

em

sel

ves

an

d t

hei

r

suc

ces

sor

s in

in

ter

est

as

fo

llo

ws

:

TRA

NSF

ER

1.

Con

sen

t to

Tra

nsfe

r. T

he C

ity

here

by c

ons

ents

to t

he t

rans

fer

of t

he F

ranc

hise

and

assi

gnm

ent

of t

he A

gree

men

t, as

am

end

ed,

from

Ex

pres

s to

ED

CO

, Al

l re

fere

nce

s in

the

Agr

eem

ent,

as

ame

nde

d, to

Fra

nch

isee

sha

ll m

ean

ED

CO

Dis

pos

al C

orp

orat

ion

dba

Ex

pres

s

Wa

ste

& R

ecy

clin

g, I

nc.

2. A

ssig

nme

nt o

f Ri

ghts

and

De

lega

tion

of

Dut

ies.

All

rig

hts,

titl

e, a

nd i

nter

est

in t

he F

ranc

hise

and

the

Ag

reem

ent,

as

ame

nde

d, a

re h

ereb

y as

sign

ed t

o E

DC

O. A

ll re

spo

nsib

iliti

es,

duti

es,

and

obli

gati

ons

und

er t

he F

ranc

hise

and

the

Ag

reem

ent,

as

ame

nde

d, a

re h

ereb

y de

lega

ted

to E

DC

O.

3.

Acc

epta

nce

of

Rig

hts

and

Du

ties

. ED

CO

her

eby

acc

epts

the

tra

nsfe

r of

the

Fra

nch

ise

and

assi

gnm

ent

of t

he A

gree

men

t, as

am

end

ed,

and

all

righ

ts, t

itle,

and

int

eres

t th

erei

n. E

DC

O

acc

epts

, as

sum

es a

nd a

gree

s to

ful

ly, f

aith

full

y, a

nd t

ime

ly p

erfo

rm

all t

he t

erm

s, c

ove

nan

ts,

con

diti

ons

, sti

pula

tion

s, re

spo

nsib

iliti

es,

obli

gati

ons

, an

d du

ties

und

er t

he F

ranc

hise

and

the

Agr

eem

ent,

as

ame

nde

d.

4.

Fra

nch

ise

App

lica

tion

. Pr

ior

to o

r co

ncu

rren

tly

with

the

exe

cuti

on b

y E

DC

O a

nd E

xpr

ess

of

this

Co

nse

nt t

o A

ssig

nme

nt, E

DC

O s

hall

sub

mit

to t

he C

ity

a fr

anc

hise

app

lica

tion

in a

cco

rdan

ce

with

San

Die

go M

unic

ipal

Co

de s

ecti

on 6

6.01

12 f

or E

DC

O D

ispo

sal

Cor

por

atio

n db

a E

xpr

ess

Wa

ste

& R

ecy

clin

g, I

nc.

5.

Insu

ranc

e. P

ursu

ant

to s

ecti

on 8

.2 o

f th

e A

gree

men

t, E

DC

O s

hall

del

iver

to t

he C

ity

a ne

w

cert

ific

ate

of i

nsu

ranc

e sh

owi

ng p

roo

f of

all

insu

ranc

e re

quir

ed u

nde

r th

e A

gree

men

t, as

ame

nde

d. S

uch

cer

tific

ate

of i

nsu

ranc

e an

d th

e en

dor

sem

ents

req

uire

d by

the

Cit

y sh

all b

e

deli

vere

d to

the

Cit

y pr

ior

to o

r co

ncu

rren

tly

with

the

exe

cuti

on b

y E

DC

O o

f th

is C

ons

ent

to

Ass

ignm

ent.

6.

Bon

ds.

Pur

sua

nt t

o se

ctio

n 8.

3 of

the

Ag

reem

ent,

as

ame

nde

d, E

DC

O s

hall

del

iver

to t

he C

ity

a ne

w F

aith

ful

Per

form

anc

e B

ond

me

etin

g al

l th

e re

quir

eme

nts

of t

he A

gree

men

t, as

am

end

ed.

Suc

h bo

nd s

hall

be

deli

vere

d to

the

Cit

y pr

ior

to o

r co

ncu

rren

tly

with

the

exe

cuti

on b

y E

DC

O o

f

this

Co

nse

nt t

o A

ssig

nme

nt.

7. C

ity

Cos

ts. E

DC

O a

gree

s to

rei

mbu

rse

the

City

for

all

reas

ona

ble

cos

ts a

nd r

elat

ed e

xpe

nse

s

incu

rred

by

the

City

in r

evie

win

g, e

xam

inin

g, a

naly

zing

, an

d pr

oce

ssin

g th

e re

que

st fo

r tra

nsfe

r

of t

he F

ranc

hise

and

ass

ignm

ent

of t

he A

gree

men

t. E

DC

O a

gree

s to

pay

suc

h co

sts

with

in t

hirt

y

(30

) da

ys a

fter

rec

eivi

ng a

n in

voic

e fr

om

the

City

, aft

er w

hich

tim

e th

e am

oun

t ow

ing

and

unp

aid

will

acc

rue

inte

rest

in a

cco

rdan

ce w

ith

San

Die

go M

unic

ipal

Co

de s

ecti

on 2

2.17

07(

c).

8.

Con

trol

ling

La

w. T

his

Con

sen

t to

As

sign

men

t wi

ll b

e go

ver

ned

by

the

law

s of

the

Sta

te o

f

Cal

ifor

nia,

and

ven

ue f

or a

ll le

gal

acti

ons

and

pro

cee

ding

s re

late

d to

thi

s C

ons

ent

to A

ssig

nme

nt

sha

ll b

e in

the

Co

unty

of

San

Die

go,

Stat

e of

Ca

lifo

rnia

.

9.

No

Wa

iver

. Al

l pa

rtie

s he

reto

agr

ee a

nd a

ckn

owl

edg

e th

at th

e C

ity's

con

sen

t to

tra

nsfe

r of

the

Fra

nch

ise

and

ass

ignm

ent

of t

he A

gree

men

t, as

am

end

ed,

is n

ot i

nten

ded

and

sha

ll n

ot b

e

con

stru

ed a

s a

wai

ver

of a

ny r

ight

s no

r as

a re

leas

e of

any

par

ty h

eret

o or

the

ir re

spe

ctiv

e

offi

cers

, dir

ecto

rs, e

mpl

oye

es,

or a

gen

ts fr

om

any

cla

ims

, de

man

ds,

dam

age

s, d

ebts

, co

sts,

By:

Name

:

Title:_

Date:

EXPR

ESS W

ASIV

841?(E

CYCL

ING,

INC.

CZ7

A

rm

442

A - e r

h r ;

n

Pies;

de-s-

,1

By:

Name

:

Title:

Date:

/ 0 / Z

2 A

L/

losses

, oblig

ations

, caus

es of a

ction,

or liab

ilities

of any

natur

e wha

tsoeve

r, whe

ther k

nown

or

unkno

wn.

10. E

xecuti

on in

Count

erpart

s.

This

Conse

nt to A

ssignm

ent m

ay be

execu

ted in

multi

ple

counte

rparts

, each

of wh

ich sh

all be

deeme

d an o

rigina

l and a

ll such

count

erpart

s toge

ther sh

all

consti

tute on

e in th

e sam

e instr

ument

.

11. E

ffectiv

e Date

.

This

Conse

nt to A

ssignm

ent sh

all bec

ome e

ffectiv

e on t

he dat

e exe

cuted

by

the las

t party

to sig

n it.

1N W

ITNE

SS W

HERE

OF, th

is Con

sent to

Assig

nment

is exe

cuted

by the

City o

f San

Diego

,

acting

by an

d thro

ugh th

e May

or or h

is des

ignee,

pursu

ant to

Ordin

ance N

o. 0-

author

izing s

uch ex

ecutio

n, and

by ED

CO an

d Exp

ress ea

ch act

ing by

and th

rough

their

duly

author

ized o

fficers

, pursu

ant to

duly a

pprov

ed res

olutio

ns of t

heir re

specti

ve Bo

ards o

f Dire

ctors.

EDCO

DISP

OSAL

COR

PORA

TION

CITY

OF S

AN D

IEGO

By:

Name

:

Title:

Date:

I HER

EBY

APPR

OVE

the fo

rm an

d lega

lity of

the fo

regoin

g Con

sent to

Assig

nment

this

day o

f

,201_

.

JAN I

. GOL

DSMI

TH, C

ity At

torney

By

Aman

da L.

Guy

Deput

y City

Attor

ney

Michael

P. Fellows

(Print Author ized Signature Name)

City of San Diego

EQUAL OPPORTUNITY CONTRACTING

(EOC)

1200 Third Avenue · Suite 200 · San Diego, CA 92101

Phone: (619) 236-6000 · Fax: (619) 236-5904

WORK FORCE REPORT

The objective of the

Equal Employment Oppor tunity Outreach Program,

San Diego Municipal Code Sections 22.3501 through 22.3517,

is to ensure that contractors doing business with the City, or receiving funds from the City, do not engage in unlawful discriminatory

employment practices prohibited by State and Federal law. Such employment practices include, but are not limited to unlawful

discrimination in the following: employment, promotion or upgrading, demotion or transfer, recruitment or recruitment advertising,

layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractors are

required to provide a completed

Work Force Report (WFR).

NO OTHER FORMS WILL BE ACCEPTED

CONTRACTOR IDENTIFICATION

Type of Contractor: 0

Construction

0 Vendor/Supplier

El Financial Institution

0 Lessee/Lessor

0

Consultant

El Grant Recipient

El Insurance Company XXO Other

Name of Company:

EDCO Disposal Corp

ADA/DBA:

Address (Corporate Headquarters, where applicable):

6670 Federal Blvd

City:

Lemon Grove

County:

San Diego

State:

CA

Zip: 91945

Telephone Number: (619)

287-7555

Fax Number: (619 )

287-4073

Name of Company CEO: Steve South

Address(es), phone and fax number(s) of company facilities located in San Diego County

(if different from above):

Address: Same

City:

County:

State:

Zip:

Telephone Number: ( )

Fax Number: (

Type of Business:

Trash, Green and Recycling Collection Services Type of License .

The Company has appointed:

Michael Fellows

As its Equal Employment Opportunity Officer (EE00). The EE00 has been given authority to establish, disseminate and enforce equal

employment and affirmative action policies of this company. The EE00 may be contacted at:

Address.

6670 Federal Blvd

Lemrin Grove, CA 91945

Telephone Number: (619)

287-7555

Fax Number: (619 ) 287-4073

xx1:1

One San Diego County (or Most Local County) Work Force - Mandatory

0 Branch Work Force *

0 Managing Office Work Force

Check the box above that applies to this WFR.

*Submit a separate Work Force Repor t for all par ticipating branches. Combine WFRs if more than one branch per county.

I, the undersigned representative of

EDCO Disposal Corp

(Firm Name)

San Diego

,CA

hereby certify that information provided

(County)

(State)

herein is true ,and correct. This

i

document was executed on this

29th

day of

October

, 20 .14

EOC

Work Force Report (rev. 05/14)

1 of 6

Form Number: BB05

WORK FORCE REPORT — Page 2

INTAIVIE OF FIRM: RDCO Disposal Corp

OFFICE(S) or BRANCH(ES):Lemon Grove

DATE

-

10-29-14

COUNTY:

San Diego

INSTRUCTIONS: For each occupational category, indicate number of males and females in every ethnic group. Total columns in row

provided. Sum of all totals should be equal to your total work force. Include all those employed by your company on either a full or part-

time basis. The following groups are to

be included in ethnic categories listed in columns below:

(1) Black, African-American

(5) Filipino

(2) Hispanic, Latino, Mexican-American, Puerto Rican

(6) White, Caucasian

(3) Asian, Pacific Islander

(7) Other ethnicity; not falling into other groups

(4) American Indian, Eskimo

ADMINISTRATION

OCCUPATIONAL CATEGORY

L1)

f ilack

+2)

f t:Him,:

\I i i r

ltRiitin

DtIrlicity

14)

11111111m Whit,:

1

+thcr

11 ,i 1

10

ri

ir,,

If

I Ii

f NU

12 4

Management & Financial

1

Professional

1

A&E, Science, Computer

Technical

Sales

1 1

1

2

Administrative Support

4

6

12

Services

1

Crafts

32

Operative Workers

Transportation

7 154

4

Laborers*

6

97 2 1

4

*Construction laborers and other field employees are not to be included on this page

Totals Each Column

14 ;

298 ; 9 2

22 ; 18

Grand Total All Employees

363

Indicate by Gender and Ethnicity the Number of Above Employees Who Are Disabled:

Disabled

Non-Profit Organizations Only:

Board of Directors

Volunteers

Artists

I I

I I I

EOC Work Force Report (rev. 05114)

2 of 6

Form Number: BB05

WORK FORCE REPORT — Page 3

NAME OF FIRM

.

EDCO Disposal Corp

OFFICE(S) or BRANCH(ES):

Lemon Grove

DATE.

10-29-14

COUNTY:

San Diego

INSTRUCTIONS: For each occupational category, indicate number of males and females in every ethnic group. Total columns in row

provided. Sum of all totals should be equal to your total work force. Include all those employed by your company on either a full or part-

time basis. The following groups are to be included in ethnic categories listed in columns below:

(1)

Black, African-American

(5) Filipino

(2)

Hispanic, Latino, Mexican-American, Puerto Rican

(6) White, Caucasian

(3)

Asian, Pacific Islander

(7) Other ethnicity; not falling into other groups

(4)

American Indian, Eskimo

TRADE

OCCUPATIONAL CATEGORY

11 c

1131,u1;

12c

€ It

, pani,

i;

c

A:-.;1:111

r41

Atuurtcm

Indilti

FIlipin,

H)

A.V1111c

1'

rAm-

Etlinieit,,

0,h II'l (M) tF

cl,W

rl

, J

(Ni)

I.

) ip ls

cH

i14)

--_,...

(1

Brick, Block or Stone Masons

Carpenters

Carpet, Floor & Tile Installers Finishers

Cement Masons, Concrete Finishers

Construction Laborers

'

.

Drywall Installers, Ceiling Tile Inst

Electricians

,

Elevator Installers

First-Line Supervisors/Managers

Glaziers

Helpers; Construction Trade

Millwrights

Misc. Const. Equipment Operators

Painters, Const. & Maintenance

Pipelayers, Plumbers, Pipe & Steam Fitters

Plasterers & Stucco Masons

Roofers

Security Guards & Surveillance Officers

Sheet Metal Workers

Structural Metal Fabricators & Fitters

Welding, Soldering & Brazing Workers

Workers, Extractive Crafts, Miners

Totals Each Column

Grand Total All Employees

Iindicate By Gender and Ethnicity the Number of Above Employees Who Are Disabled:

Disabled

EOC Work Force Report (rev. 05/14)

3 of 6

Form Number: BB05

CITY OF SAN DIEGO WORK FORCE REPORT

HISTORY

The Work Force Report (WFR) is the document that

allows the City of San Diego to analyze the work

forces of all firms wishing to do business with the

City. We are able to compare the firm's work force

data to County Labor Force Availability (CLFA)

data derived from the United States Census. CLFA

data is a compilation of lists of occupations and

includes the percentage of each ethnicity we track

(Black, Hispanic, Asian, American Indian, Filipino)

for each occupation. Currently, our CLFA data is

taken from the 2000 Census. In order to compare

one firm to another, it is important that the data we

receive from the consultant firm is accurate and

organized in the manner that allows for this fair

comparison.

WORK FORCE & BRANCH WORK FORCE REPORTS

When submitting a WFR, especially if the WFR is

for a specific project or activity, we would like to

have information about the firm's work force that is

actually participating in the project or activity. That

is, if the project is in San Diego and the work force

is from San Diego, we want a San Diego County

Work Force Report) By the same token, if the

project is in San Diego, but the work force is from

another county, such as Orange or Riverside

County, we want a Work Force Report from that

county.2

If participation in a San Diego project is by

work forces from San Diego County and, for

example, from Los Angeles County and from

Sacramento County, we ask for separate Work

Force Reports representing your firm from each of

the three counties.

MANAGING OFFICE WORK FORCE

Equal Opportunity Contracting may occasionally

ask for a Managing Office Work Force (MOWF)

Report. This may occur in an instance where the

firm involved is a large national or international

firm but the San Diego or other local work force is

very small. In this case, we may ask for both a local

and a MOWF Report.

1'3

In another case, when work

is done only by the Managing Office, only the

MOWF Report may be necessary.

3

TYPES OF WORK FORCE REPORTS:

Please note, throughout the preceding text of this

page, the superscript numbers one

1

, two 2 8L three

3.

These numbers coincide with the types of work

force report required in the example. See below:

One San Diego County (or Most Local

County) Work Force — Mandatory in most

cases

2

Branch Work Force *

3

Managing Office Work Force

*Submit a separate Wor k For ce Repor t for all

par ticipating branches. Combine WFRs if mor e than

one branch per county.

Exhibit A: Work Force Report Job categories-Administration

Refer to this table when completing your firm's Work

Management & Financial

Advertising, Marketing, Promotions, Public Relations, and

Sales Managers

Business Operations Specialists

Financial Specialists

Operations Specialties Managers

Other Management Occupations

Top Executives

Professional

Art and Design Workers

Counselors, Social Workers, and Other Community and

Social Service Specialists

Entertainers and Performers, Sports and Related Workers

Health Diagnosing and Treating Practitioners

Lawyers, Judges, and Related Workers

Librarians, Curators, and Archivists

Life Scientists

Media and Communication Workers

Other Teachers and Instructors

_

Postsecondary Teachers

Primary, Secondary, and Special Education School

Teachers

Religious Workers

Social Scientists and Related Workers

EOC Work Force Instructions (rev. 05/14)

4 of 6

Form Number: BB05

Architecture & Engineering, Science, Computer

Architects, Surveyors, and Cartographers

Computer Specialists

Engineers

Mathematical Science Occupations

Physical Scientists

Technical

Drafters, Engineering, and Mapping Technicians

Health Technologists and Technicians

Life, Physical, and Social Science Technicians

Media and Communication Equipment Workers

Sales

Other Sales and Related Workers

Retail Sales Workers

Sales Representatives, Services

Sales Representatives, Wholesale and Manufacturing

Supervisors, Sales Workers

Administrative Support

Financial Clerks

Information and Record Clerks

Legal Support Workers

Material Recording, Scheduling, Dispatching, and

Distributing Workers

Other Education, Training, and Library Occupations

Other Office and Administrative Support Workers

Secretaries and Administrative Assistants

Supervisors, Office and Administrative Support Workers

Services

Building Cleaning and Pest Control Workers

Cooks and Food Preparation Workers

Entertainment Attendants and Related Workers

Fire Fighting and Prevention Workers

First-Line Supervisors/Managers, Protective Service

Workers

Food and Beverage Serving Workers

Funeral Service Workers

Law Enforcement Workers

Nursing, Psychiatric, and Home Health Aides

Occupational and Physical Therapist Assistants and

Aides

Other Food Preparation and Serving Related Workers

Other Healthcare Support Occupations

Other Personal Care and Service Workers

Other Protective Service Workers

Personal Appearance Workers

Supervisors, Food Preparation and Serving Workers

Supervisors, Personal Care and Service Workers

Transportation, Tourism, and Lodging Attendants

Crafts

Construction Trades Workers

Electrical and Electronic Equipment Mechanics,

Installers, and Repairers

Extraction Workers

Material Moving Workers

Other Construction and Related Workers

Other Installation, Maintenance, and Repair

Occupations

Plant and System Operators

Supervisors of Installation, Maintenance, and Repair

Workers

Supervisors, Construction and Extraction Workers

Vehicle and Mobile Equipment Mechanics, Installers,

and Repairers

Woodworkers

Operative Workers

Assemblers and Fabricators

Communications Equipment Operators

Food Processing Workers

Metal Workers and Plastic Workers

Motor Vehicle Operators

Other Production Occupations

Printing Workers

Supervisors, Production Workers

Textile, Apparel, and Furnishings Workers

Transportation

Air Transportation Workers

Other Transportation Workers

Rail Transportation Workers

Supervisors, Transportation and Material Moving

Workers

Water Transportation Workers

Laborers

Agricultural Workers

Animal Care and Service Workers

Fishing and Hunting Workers

Forest, Conservation, and Logging Workers

Grounds Maintenance Workers

Helpers, Construction Trades

Supervisors, Building and Grounds Cleaning and

Maintenance Workers

Supervisors, Farming, Fishing, and Forestry Workers


5 of 6

Form Number: BB05

Exhibit B: Work Force Report Job categories-Trade

Millwriffhts

Heating, Air Conditioning and Refrigeration

Mechanics and Installers

Mechanical Door Repairers

Control and Valve Installers and Repairers

Other Installation, Maintenance and Repair

Occupations

Misc. Const. Equipment Operators

Paving, Surfacing and Tamping Equipment Operators

Pile-Driver Operators

Operating Engineers and Other Construction

Equipment Operators

Painters, Const. Maintenance

Brick, Block or Stone Masons

Brickmasons and Blockmasons

Stonemasons

Carpenters

Carpet, floor and Tile Installers and Finishers

Carpet Installers

Floor Layers, except Carpet, Wood and Hard Tiles

Floor Sanders and Finishers

Tile and Marble Setters

Cement Masons, Concrete Finishers

Cement Masons and Concrete Finishers

Terrazzo Workers and Finishers

Construction Laborers

Drywall Installers, Ceiling Tile Inst

Drywall and Ceiling Tile Installers

Tapers

Painters, Construction and Maintenance

Paperhangers

Pipelayers and Plumbers

Pipelayers

Plumbers, Pipefitters and Steamfitters

Electricians

Elevator Installers and Repairers

First-Line Supervisors/Managers

First-line Supervisors/Managers of Construction

Trades and Extraction Workers

Glaziers

Helpers, Construction Trade

Brielcmasons, Blockmasons, and Tile and Marble

Setters

Carpenters

Electricians

Painters, Paperhangers, Plasterers and Stucco

Pipelayers, Plumbers, Pipefitters and Steamfitters

Roofers

All other Construction Trades

Plasterers and Stucco Masons

Roofers

Security Guards & Surveillance Officers

Sheet Metal Workers

Structural Iron and Steel Workers

Welding, Soldering and Brazing Workers

Welders, Cutter, Solderers and Brazers

Welding, Soldering and Brazing Machine Setter,

Operators and Tenders

Workers, Extractive Crafts, Miners

6 of 6

Form Number: B805


L:\All EOC Docs\1472 B pages\KM\EOC Program Evaluation - Transfer of Non-Exclusive Solid Waste Collection Franchise.doc

DOCKET SUPPORTING INFORMATION

CITY OF SAN DIEGO

EQUAL OPPORTUNITY CONTRACTING PROGRAM EVALUATION

DATE:

November 5, 2014

SUBJECT: Transfer of Non-Exclusive Solid Waste Collection Franchise

GENERAL CONTRACT INFORMATION

Recommended Contractor: EDCO Disposal Corporation (Not Certified, M – Cauc).

Amount of this Action: N/A

Funding Source: N/A

Goal: N/A

SUBCONTRACOR PARTICIPATION

There is no subcontractor participation associated with this action; however, subsequent actions must adhere

to funding agency requirements.

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

Equal Opportunity: Required.

EDCO submitted a submitted a Work Force Report for their San Diego employees dated,

October 29, 2014 indicating 363 employees in their Administrative Work Force.

The Administrative Workforce indicates under representation in the following categories:

Black in Administrative Support, Crafts, and Transportation

Asian in Management & Financial, Administrative Support, Crafts, Transportation, and Laborers

Filipino in Management & Financial, Administrative Support, Crafts, Transportation, and Laborers

Female in Management & Financial, Crafts, Transportation, and Laborers

Based on the under representations in the workforce noted above, staff has an approved Equal Employment

Opportunity (EEO) Plan on file as of November 5, 2014. Staff will continue to monitor the firm’s efforts to

implement their EEO plan.

This agreement is subject to the City’s Equal Opportunity Contracting (San Diego Ordinance No. 18173,

Section 22.2701 through 22.2708) and Non-Discrimination in Contracting Ordinance (San Diego Municipal

Code Sections 22.3501 through 22.3517).

ADDITIONAL COMMENTS

Adopt an ordinance approving the transfer of the Express Waste and Recycling, Inc. (Express) Non-

Exclusive Solid Waste Collection Franchise to EDCO Disposal Corporation.

KM

request for council action certificate number n/a

Documents