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HomeMy WebLinkAboutA5778 - PALM SPRINGS DISPOSAL SERVICES REIMB, MAINT, SVC OF TRASH COMPACTORS IN CITY OWNED TRASH ENCLaco CERTIFICATE OF LIABILITY INSURANCE DATE 10712024YY 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 ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER Solid Waste Insurance Marketing 115 d e a CA 91101Ave Pas RECEIVED OCT 7 1 20A INSI INSURED -_. vim. MtivHt Palm Springs Disposal Services g� P.O. Box 2711 Oi IFICE OF THE CITY CLER14INSt Palm Springs, CA 92263 I-INs5 Admiral Insurance Compl Swiss Re Corp Solutions lYUVRAnOC rFRTIFIr ATF NIIAARPR-AIAI10079 REVISION NIIMRFR- 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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNAISDIISM, MAY HAVE BEEN REDUCED BY PAID CLAIMS, y LTp TYPE OF INSURANCE POLICY NUMBER POLICY EFF POU-Y LDS MOVVYY MAID A X COMMERCIAL GENERAL LIABILITY Y GEC300049110 9/30/2024 91302025 EACHOCCURRENCE $1,000,000 DAMAGE PREMISESEE4E rrM $1D0,000 CLAIMS -MADE X OCCUR MED EXP (my one rson) s 5,DO0 PERSONAL E ADV INJURY $1,ODO'000 GENL AGGREGATE WAIT APPLES PEA: GENERAL AGGREGATE s2,D00,GO0 %( POLICY JET LOC PRODUCTS-COMP/OP AGO $2,000,000 It OTHER: A AUTOMOBILE LIABILITY Y 'AECO04458210 913012024 Stamm CCMSINED SINGLE LIMIT n $1000000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY IParAx�rXI s PROPERTY DAMAGE r s HIRED NON -OWNED AUTOS ONLY AUTOS ONLY i B IalalBlA LIAR X OCCUR UECO067029 980/2024 9130/2025 EACH OCCURRENCE s2,000.000 X AGGREGATE $2,000,000 EXCESS LABI CLANS -MADE DIED RETENTION s C WORIDERSCOMPENSATM AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR'PARTNER(EXECUTIVE WC1036921 10/12024 /0112025 X A E R E.L. EACH ACCIDENT _ $1,DDO,GOD OFFICER'MEMBEREXCLUDED? (IWIMwy In NH) MIA -- - $1,000,000 E.L. DISEASE- EA EMPLOYEE II pBs, tllSgrine under DE RIPT OF OPERATIONS UabwI $1 000 000 E.L. DISEASE - POLICY LIMIT D E EXES 2nd War Ease TNro Layer UX00000031802 DOX530033501 0/302024 9t3012024 VM025 1 Esch Occ IAgg, 91=026 ' E.h 0. lAgg. 3.000.000 4,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Scnedule, may ee rracnad N more specs is required) Common Policy Conditions (Cancellation)- IL00171198 Pollution Upset 8 Overturn is included on the Commercial Auto policy Insurer. Indian Harbor Insurance Company (Auto Physical Damage Coverage) PPT I Light - Comp /Coll - $1,0001$1,000 Deductible Mad I Hvy I Xtra Hvy - Comp l Coll - $3.0001$3,000 Deductible See Attached CFRTtFIr ATF HOI nFR CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016iO3) The ACORD name and logo are registered marks of ACORD 502% 11 1 AGENCY CUSTOMER ID: PALMSPRI LOC #: Insurance Marketing ,POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE Page 1 of 1 NAICCODE Palm Springs Disposal Services, Inc. P.O. BOX 2711 Palm Springs, CA 92263 THIS ADDITIONAL.REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE tonal ol or Organization Orgn zaIts ttion CG20101219 PRIMARY INSURANCE CLAUSE ENDORSEMENT- IILcials, employees, and agents are Included as additional Insureds. 1424 0605 The ACORD name and logo are registered marks of ACORD 5022: 3 COMMON POLICY CONDITIONS All Coverage Paris Included In this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to. us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written. notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b, 30 days before the affective date of Cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known t0 Ls. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rate. If the first Named Insured cancels, the refund may be less than pro rate. The cancellation will be effective even If we have not made or offered a refund. 8. If notice is mailed, proof of mailing will be sufficient proof of notice, B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named ,Insured shown in the Declarations Is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make Inspections and surveys at any time; IL 001711 98 b. Give you reports an the conditions we find; and c. Recommend changes. 2. We are net obligated to make any fnspectlons, surveys, reports or recommendations and :any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duly of any person or organization to provide for the health or safety of workers or the public; And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards, 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes Insurance inspections, surveys, reports or recommendations. 4. Paragraph 2, of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums. The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer. Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except In the case of death of an individual named insured, If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 5022: 4 ' of POLICY NUMBER: AECO04458210 ENDORSEMENT #TBD XIC 411 1013 This endorsement, effective 12:01 a.m., September 30, 2024 forms a part of Policy No. AECO04458210 issued to PALM SPRINGS DISPOSAL SERVICES, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL. INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM F1 COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: You, while using a covered 'auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional Insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and C. Such person or organization is an "insured" solely to. the extent required by the contract, but in no event If such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract.. C. General Conditions, Other Insurance is amended as follows: Any coverage provided, hereunder shall be excess over any other valid and collectible Insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional Insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms andconditions of this policy remain unchanged. XIC 411 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5022: 5 ENDORSEMENT #005 This endorsement, effective 12:01 a.m., September 30, 2024, forms a part of Policy No. GEC300049110 issued to Palm Springs Disposal Services, Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All otherterms and conditions of this policy remain unchanged. XI L 424 0605 ©, 2005, XL America, Inc. 5022: 6 ' POLICY NUMBER: GEC300049110 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization where required by written contract provided that such contract was executed prior All Locations as required per written contract. o the date of loss Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you ate required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That. portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 1219 © Insurance Services Office, Inc., 2018 Pagel of 2 5022: 7 C. With respect to the insurance afforded to these additional insureds, the following is added to section III:— Limits Of Insurance: If coverage provided to the additional insured is. required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall applicable. limits of insurance. not increase ,the Page 2 of•2 ©Insurance Services Office, Inc., 2018 CG'20 10 12 19 5022: 8 o AGREEMENT FOR REIMBURSEMENT, MAINTENANCE AND SERVICING OF TRASH COMPACTORS IN CITY-OWNED DOWNTOWN TRASH ENCLOSURE. This AGREEMENT FOR REIMBURSEMENT, MAINTENANCE AND SERVICING OF TRASH COMPACTORS IN CITY-OWNED DOWNTOWN TRASH ENCLOSURE ("Agreement") is entered into as of MMy �6, 2009 by and between the CITY OF PALM SPRINGS, a California charter city ("City"), and Palm Springs Disposal Services, a California corporation ("PSDS"). RECITALS: A. City and PSDS entered into an Agreement for Solid Waste Management Services on July 18, 2003 ("Franchise Agreement"). The Franchise Agreement grants PSDS a franchise and gives PSDS the right and duty to collect, transfer, transport, recycle, process and dispose of solid waste and recyclable material accumulating within the City. B. The City has constructed a multi-user trash enclosure facility for the purpose of providing a secure, discreet and convenient place for neighboring businesses to dispose of their refuse. C. PSDS purchased and installed two (2) Marathon self-contained trash compactors within the City's trash enclosure as directed by the City. D. PSDS has entered into a service agreement with the local businesses/property owners that will use this facility ("Customers"). The service agreement identifies roles and responsibilities of PSDS and customers and provides a mechanism for billing customers on a monthly basis for disposal services, in the form attached hereto as Exhibit "A". E. City desires to reimburse PSDS for the capital cost of the trash compactors while assigning responsibility for maintenance, monitoring, and servicing the compactors to PSDS with PSDS to include expenses for these activities in their monthly charges to customers. NOW THEREFORE, the parties agree as Follows: 1. Refund of Purchase Price. The City shall reimburse PSDS Fifty Five Thousand Three Hundred Nine Dollars and Fifty Six Cents ($55,309.56) for the capital cost of the two compactors, Sonozaire odor neutralizer, and sales tax. The City shall not be responsible or liable for the cost of maintenance and/or repairs of and to the compactors, nor any other costs related to the compactors except the aforesaid refund. 2. Grant of Access. City hereby grants and conveys to PSDS a nonexclusive license over and across the Site for purposes of maintaining and servicing the Compactors, recycle bins, and related equipment ("Easement"). 3. Maintenance. PSDS shall maintain and repair the Compactors, recycle bins, and related equipment in a first class condition and provide all maintenance necessary as recommended by the manufacturer of the Compactors and perform all necessary repairs during their useful life. PSDS shall repair and/or replace any damage to the Compactors within seven (7) calendar days of such damage being discovered. In addition to all other remedies provided by law, in the event the PSDS fails to maintain the Compactors, upon reasonable notice, the City may perform any necessary repairs, maintenance, or perform such other acts as the City deems reasonably necessary to ensure the availability of the Compactors secure insurance, and charge the PSDS for the costs therefor. Maintenance and repairs by PSDS shall include, but not be limited to, those items specified in the Service Agreement attached hereto and incorporated herein as Exhibit "A". A. Compliance with the Law_ PSDS hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the use of the Compactors on the Site or to the use or manner of use of the Site. 5. Insurance. PSDS shall procure and maintain, at its sole cost and expense, In a form and content consistent with industry standards, with an insurer qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide with a financial class category of Class VII or better, unless such requirements are waived by the Risk Manager of the City, during the entire term of this Agreement and at all times while the Compactors are located on the. Site, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure PSDS's indemnity obligation under Section 12 below. The policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000.00). (b) Workers' Compensation Insurance. A policy of Workers' Compensation Insurance in an amount as would fully comply with the laws of the 1003/029/28303.02 State of California and which shall indemnify, insure and provide legal defense for both Owner and the City against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to any worker employed by or any person retained by Owner in the course of carrying out the obligations of this Agreement. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days written notice by registered mail to the City. Cancellation clause shall read "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the event any of such policies are canceled, Owner shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section 11. Owner shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Owner agrees that the existence of any insurance shall not limit or otherwise affect Owner's obligations under this Agreement. In the event the Risk Manager of City determines that the work or services to be performed under this Agreement creates an increased or decreased risk or loss to the City, the Owner agrees that the minimum limits of the insurance policies required by this Section 11 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Owner shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 6. Indemnification. PSDS hereby agrees to Indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of PSDS, Its agents, employees or contractors, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attorneys' fees, but excluding such Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents, representatives or employees who are directly responsible to the City. 7. City Representative. The City Manager, or his designee, ("City Manager") shall be the City's designated representative with respect to this Agreement and shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for the purpose of implementing this Agreement. 1003/029/28303 02 8. Term. This Agreement will remain in effect until June 30, 2014 with an option to extend four (4) years to June 30, 2018 concurrent with the Franchise Agreement. 9. Default. (a) Cure Rights. In the event of any default or breach of any of the covenants or conditions contained in this Agreement by PSDS, City shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance. Additionally, in the event that PSDS has not cured any curable default hereunder within thirty (30) days after written notice from City of such default, City shall have the right to cure such default and charge PSDS with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Owner. 10. Ownership. Upon the acceptance of the reimbursement and payment therefor, the Compactors and all rights thereto shall be conveyed by PSDS to City. The Compactors shall remain the property of the City or any successor , provided, however, that the City shall transfer ownership of the Compactors to any successor in interest of the Site. 11. Successors and Assigns. The obligations of PSDS under this Agreement shall be binding on PSDS's successors and assigns and shall burden the Site and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to the Site. 12. Attorneys' Fees. In the event that any action or proceeding is instituted for the interpretation or enforcement of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party, all costs and expenses related to such action or proceeding, Including, without limitation all attorneys' fees and expert witness fees, both at trial and on appeal. 13. Integration. This Agreement and other documents expressly incorporated herein by reference contain the entire and exclusive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 14. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 15. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. 1003/029/28303.02 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "PSDS" PALM SPRINGS DISPOSAL SERVICE, a California Corporation By �� WG46Q Its: V ce rw io(ow. Secre v�y "CITY" G CITY OF PALM SPRINGS, a California charter city ATTEST: City Clerk 03 Y J -I too 9 City Marxa~ger" YYY APPROVED BY CITY COUNCIL �\•Ot1_ �h �a��b �'D AP QVED AS TO M: I� �1 1003/029/28303.02 Palm Springs Disposal Services 4690 East Mesquite Avenue P.0- Box 2711 Palm Springs,California 92262-2711 760-327-1351 October 9, 2008 SERVICE ACRE EMENT This Service Agreement ("Agreement") is between Palm Springs Disposal Services ("PSDS") and Pomme Frite, Thai House Restaurant, Palm Springs Chop House, Village Pub, Las Casuelas Terraza and Fisherman's Market & Grill (individually and collectively "Customer") for use of one trash compactor and one cardboard recycling compactor located at the City of Palm Springs Parking Structure at Barristo Road and Indian Canyon Drive. BackUround The installation of two stationary compactors at the City Parking Structure will enable all parties to better manage trash disposal, recycling and an extreme enhancement on sanitation issues. While shared compactors should remedy the problems of the past, the solution does complicate billing and payment arrangements for the future. The affected businesses have in the past arranged and paid for the amount of waste removal suitable for their needs. In a shared arrangement, individual latitude will be sacrificed. PSDS has analyzed the waste volumes, weights and services of the Customer and concluded that the trash compactor will need to be emptied every five days on average. Normally, the rates and charges for this higher level of service would exceed what the five generators currently pay collectively. However, PSDS recognizes that increasing the cost to each generator is not what the parties expect or desire and PSDS therefore agrees to initially provide these services at the current cost of service. Monthly Charges Business Narne Monthly Charge Thai House 47.34 Pomme Frite 4734 Chop House 621.76 Village Pub 524.95 T Shirt City 23.24 Designer Alt. Shades 23.24 Total 1287.87 Assessment Period Service Agreement Page 2 The above charges will remain in effect through June 30, 2009. During the next several months an assessment will be conducted in order for PSDS to monitor the actual number of pulls, amount of tonnage disposed, the overall benefit of the trash and recycle compactors. Each July, the County adjusts disposal charges at the Edom Hill Transfer Station, where the fee structure resulting from City-authorized Disposal Tip Fee and CPI- based rate increases_ PSDS will then notify the businesses by May 1, 2009 and each May ly`thereafter of the charges for the subsequent twelve month period begimiing each July I". The charges are subject to change at anytime should a participating business close or should an additional business wish to participate. Roles and Responsibilities. • Customer: o Designate an individual to be a contact person for the enclosure site. o Properly use and operate the compactors and train employees accordingly; o Separate recyclables from trash for deposit in the recycling compactor and prevent load contamination from the inclusion of any non-recyclable materials. o Remit payment of invoices according to PSDS tens and conditions_ o Keep the equipment locked and at all times restrict access by the general public. o During assessment period, reporting can be addressed to the downtown administrator, (city rep), on uses, abuses, and concerns of the compactor equipment, which will be reported to PSDS. • PSDS: o Remove, empty and return one 15 Cubic Yard trash compactor on an as needed basis accepting full responsibility for load management and any overload conditions including collection and removal of any trash not contained in the compactor if full. o Remove, empty and return one 15 Cubic Yard mixed recyclables compactor on an as needed basis accepting full responsibility for load management and any overload conditions including collection and removal of any recyclables not contained in the compactor if full. o Perform all necessary repairs and maintenance to said compactors during their useful life. o Upon request, advise customers on recycling and waste management problems and issues to maximize waste diversion from the landfill. Term This Agreement shall become effective when the City accepts for use the trash enclosure and installed trash and recycling compactors and continue in effect for the duration of the PSDS Agreement with the City of Palm Springs (Franchise Agreement No. 4727). Service Agreement Page 3 This Agreement is subject to the ten-ns of City of Palm Springs/PSDS Franchise Agreement No. 4727 and to the applicable provisions of the Palm Springs Municipal Code. Indemnification Customer acknowledges that the use of compaction equipment is inherently dangerous and its misuse or unauthorized use can result in serious bodily injury or death. Customer agrees to indemnify, hold harmless and defend PSDS with its choice of counsel for any personal injury resulting from the authorized or unauthorized use of the equipment Acknowledtement By signing this Agreement, each of the following agree to these temps and conditions and attest that they are authorized to enter into this Agreement on behalf of their respective business. For Palm Springs Disposal Services: For Customer(s): Pomme Frite: By: By: (Signature) (Signature) Rick Wade, General Manager P.O. Box 2711 (Printed name and title) Palm Springs, CA 92263 256 South Palm Canyon Drive (760) 327-1351, Ext. 307 Palm Springs, CA 92262 (760) 778-3727 Thai House Restaurant: By: (Signature) (Printed name and title) 246 South Palm Canyon Drive Palm Springs, CA 92262 760 778-1728 For Palm Springs Chop House: By: (Signature) (Printed name and title) 262 South Palm Canyon Drive Palm Springs, CA 92262 (760) 320-4500 Service Agreement Page 4 For Palm Springs Village Pub: By: (Signature) (Printed nanxe and title) 266 South. Palm Canyon Drive Palm Springs, CA 92262 (760) 323-3265 For Las Casuelas Terraza: By: (Signature) (Printed name and title) 222 South Palm Canyon Drive Patin Springs, CA 92262 (760) 325-2794 For Fisherman's Market & Grill: By: (Sib nature) (Printed name and title) 235 South Indian Canyon Drive Palm Springs, CA 92262 (760) 327-1766