REQUEST FOR COUNCIL ACTION CITY 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 PURPOSES 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 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 DATE SIGNED Financial Management ORIG DEPT. Greenhalgh, Darren 10/24/2014 Liaison Office CFO Environmental Analysis DEPUTY CHIEF Equal Opportunity Contracting COO Comptroller CITY ATTORNEY COUNCIL PRESIDENTS 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 Waste Management 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
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
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
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
RSEY
County
of Ess
ex
Tel (9
73) 62
4-720
0
PO
WE
R O
F A
TT
OR
NE
Y
INTE
RNA
TIO
NAL
FID
ELIT
Y IN
SUR
ANC
E CO
MPA
NY
ALL
EGH
ENY
CAS
UAL
TY C
OMP
ANY
ONE
NEW
ARK
CENT
ER, 2
0TH F
LOOR
NEW
ARK,
NEW
JERS
EY 07
102-5
207
KNOW
ALL M
EN BY
THES
E PRE
SENT
S:
That I
NTER
NATIO
NAL F
IDELIT
Y INS
URAN
CE CO
MPAN
Y ,
a corp
oration
organi
zed an
d exist
ing un
der
the law
s of th
e Stat
e of N
ew Je
rsey, a
nd
ALLE
GHEN
Y CAS
UALT
Y COM
PANY
a corp
oration
organ
ized an
d exist
ing un
der the
laws o
f the S
late of
Pennsy
lvania,
havin
g their
princi
pal off
ice in
the Cit
y
of New
ark, Ne
w Jers
ey, do
hereb
y cons
titute a
nd app
oint
JAME
S D.
CAS
TLE,
LAWRENC
E F.
MCM
AHON
San D
iego,
CA.
their tr
ue and
lawful
attorn
ey(s)-i
n-fact
to exe
cute, s
eal an
d deliv
er for a
nd on
its beh
alf as s
urety,
any an
d all bo
nds an
d unde
rtaking
s, cont
racts o
f indem
nity
and ot
her wr
itings o
bligato
r,
/ in the
nature
thereo
f, whic
h are o
r may
be allo
wed, r
equire
d or pe
rmitted
by law
, statu
te, rule
, regul
ation,
contra
ct or o
therwis
e,
and th
e exec
ution o
f such
instru
ment(
s) in p
ursuan
ce of t
hese p
resent
s, sha
ll be a
s bind
ing up
on the
said I
NTER
NATIO
NAL F
IDELIT
Y INS
URAN
CE
COMP
ANY a
nd AL
LEGH
ENY C
ASUA
LTY C
OMPA
NY , as
fully a
nd am
ply, to
all int
ents a
nd pur
poses
, as if
the sa
me ha
d been
duly e
xecute
d and
acknow
ledged
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
nt to a
nd by
author
ity of t
he By
-Laws
of INT
ERNA
TIONA
L FIDE
LITY I
NSUR
ANCE
COMP
ANY a
nd ALL
EGHE
NY CA
SUALT
Y COM
PANY
and Is
grante
d unde
r and b
y auth
ority o
f the fo
llowing
resolu
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
ay of J
uly, 20
10 and
by the
Board
of Dire
ctors o
f ALLE
GHEN
Y
CASU
ALTY
COMP
ANY a
t a me
eting d
uly hel
d on th
e 15th
day o
f Augu
st, 200
0:
"RESO
LVED,
that (1
) the P
reside
nt, Vic
e Pres
ident,
Execu
tive Vi
ce Pre
sident
or Sec
retary
of the
Corpo
ration
shall h
ave th
e powe
r to ap
point,
and to
revok
e
the ap
pointm
ents o
f, Attor
neys-in
-Fact o
r agen
ts with
power
and a
uthorit
y as de
fined o
r limite
d in th
eir res
pective
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
e, con
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
herea
fter, b
eing h
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).
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
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
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
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:
EDCO Disposal Corporation
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
EDCO Disposal Corporation
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.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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).