ORDINANCE NO. 1304
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING AMENDMENT NO. 2 TO NONEXCLUSIVE FRANCHISE
AGREEMENTS FOR COMMERCIAL SOLID WASTE COLLECTION TO EXTEND
THE TERM OF THE AGREEMENTS AND PROVIDE STATUTORY NOTICE TO FRANCHISEES OF THE CITY’S INTENT TO MODIFY THE EXISTING WASTE
HAULING SYSTEM
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California.
B. The City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance.
C. Effective January 1, 2015, the City Council entered into Nonexclusive Franchise Agreements (Agreements) for Commercial Solid Waste Collection with various haulers.
D. On February 1, 2022, the City Council adopted Ordinance No. 1278 adding Chapter 8.14 to the Vernon Municipal Code to implement the requirements of Senate Bill 1383, the Short-Lived Climate Pollutants Bill of 2016, and regulate organic waste disposal reduction.
E. On December 20, 2022, the City Council adopted Ordinance No. 1289, granting Amendment No. 1 to the Agreements for organic waste service and residential services, in order to incorporate the provisions of Municipal Code Chapter 8.14 in the City’s existing Agreements.
F. The City has determined that it may be in the public interest to provide solid waste collection services under an exclusive franchise agreement. Pursuant to California Public Resources Code (PRC) Section 49520 et seq., existing franchisees must be provided notice and are eligible to continue to provide such collection services within the City until midnight on December 31, 2029.
G. Accordingly, on December 3, 2024, the Director of Health & Environmental Control has recommended that the Agreements be extended for an additional five-year period effective December 31, 2024 through December 31, 2029, pursuant to the continuation and notice requirements under PRC Section 49520 et. seq.
H. The City Council desires to grant an Amendment No. 2 to the Agreements extending the term for an additional five-year period and providing notice to Ordinance No. 1304
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franchisees of the City’s authorization of an exclusive franchise in accordance with PRC Section 49520 et. seq.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council of the City of Vernon hereby grants Amendment No. 2 to the Nonexclusive Franchise Agreements for Commercial Solid Waste Collection with existing franchisees: AAA Rubbish, Inc; AM Disposal, Inc.; American Reclamation, Inc.; Athens Disposal Company, Inc.; Arakelian Enterprises, Inc.; Consolidated Disposal Services, LLC DBA Republic Services; CR&R Incorporation; GB Rubbish & Rolloff Services; Haul-Away Rubbish Company, Inc.; Key Disposal Company, Inc.; Nasa Services, Inc.; Serv-Wel; Universal Waste Systems, Inc.; Valley Vista Services; Ware Disposal Company, Inc.; Waste & Recycling Systems, Inc.; and Waste Management of California, Inc., in substantially the same form as attached to this Ordinance as Exhibit A.
SECTION 4. Any ordinance or parts of an ordinance in conflict with this ordinance are hereby repealed.
SECTION 5. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.
SECTION 7. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law.
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Ordinance No. 1304
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SECTION 8. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED December 17, 2024.
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JUDITH MERLO, Mayor
ATTEST:
YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
SECOND AMENDMENT TO NONEXCLUSIVE FRANCHISE
AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION
BETWEEN THE CITY OF VERNON AND _____________________ TO
EXTEND THE TERM OF THE AGREEMENT
This Second Amendment to Nonexclusive Franchise Agreement for Commercial Solid Waste Collection Between the City of Vernon and ______________________ to Extend the Term of the Agreement (“Second Amendment”) is entered into this 19th day November 2024, by and between the City of Vernon, a California charter city and municipal corporation (“City”) and _________________ (“Franchisee”).
RECITALS
WHEREAS, on or about January 1, 2015, the City and Franchisee entered into Nonexclusive Franchise Agreement for Commercial Solid Waste Collection (“Initial Agreement”); and,
WHEREAS, on or about January 20, 2023, the City and Franchisee entered into a First Amendment to Nonexclusive Franchise Agreement for Commercial Solid Waste Collection Between The City Of Vernon And ________________________ to Provide for Organic Waste Service and Residential Services (“First Amendment”); and WHEREAS, the Initial Agreement as amended by the First Amendment shall be referred to herein as the Agreement; and
WHEREAS, in accordance with Section 5 of the Initial Agreement, the Agreement is set to terminate on December 31, 2024; and
WHEREAS, City and Franchisee desire to further amend the Agreement to extend the term of the Agreement and provide notice to Franchisee of the City’s authorization of an exclusive franchise in accordance with Public Resources Code Section 49520 et. seq.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment as follows:
1. TERM
The Term of the Agreement shall be extended by a period of five (5) years, and shall end at midnight on December 31, 2029, unless terminated earlier in accordance with the terms and provisions of the Agreement.
2. NOTICE OF AUTHORIZATION OF EXCLUSIVE FRANCHISE
The City has determined that it may be in the public interest to provide solid waste collection services in the City under an exclusive franchise agreement. The City has previously Exhibit A
Ordinance No. 1304
2 entered into non-exclusive franchise agreements with several franchisees, including Franchisee, for the collection of solid waste (including recyclables and organics). Pursuant to California Public Resources Code Section 49520, Franchisee is eligible to continue to provide such collection services within the City until midnight on December 31, 2029. Further, pursuant to California Public Resources Code Section 49521, during the continuation period Franchisee must comply with the terms and conditions of the Agreement. This notice is authorized by and is given pursuant to the provisions of the California Public Resources Code Section 49500 through 49523, and is the only notice that Franchisee will receive regarding this matter. By executing this Second Amendment, Franchisee is acknowledging receipt of this notice.
3. GENERAL PROVISIONS.
3.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.
3.2 Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.
3.3 Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
3.4 Effective Date. This Second Amendment shall become effective on December 31, 2024.
3.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
3.6 References. All references to the Agreement include all their respective terms and provisions. All terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
Ordinance No. 1304
3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year set forth below.
CITY OF VERNON
___________________________ Date: _____________________ Daniel Calleros, Interim City Administrator
ATTEST:
___________________________
Yonnie Parker, Deputy City Clerk
APPROVED AS TO FORM
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Zaynah Moussa, City Attorney
FRANCHISEE: _____________________________
Signature: Signature:
Name: Name: _____________________________
Title: Title: _______________________________
Date: Date: _______________________________
Ordinance No. 1304