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• Contact: VMliam B Anderson,Pres. Ph: ( ) - - - Ext:�.
Address. 1160 N Armando Street 681; $0.00
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CONTRACT
to Continue Door-to-Door
Household Hazardous Waste Collection Progarn
THIS CONTRACT SERVICES AGRF.F.MENT(herein"Agreement"),is made and entered into this
9'h day of October,2006,by and between the CITY OF PALM SPRINGS,(herein"City"),a
municipal corporation and CURBSIDE,INC.,a California Corporation. The parties hereto agree as
follows_
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference, which services maybe referred to herein as the
"services" or "work" hereunder. Contractor warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards prevalent in the
industry, and all materials will be of good quality, fit for the purpose intended. The services of the
Contractor are limited to the work described in Exhibit"A"by Section 9.6.
1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal
which shall be incorporated herein by this reference as though fully set forth herein.In the event of any
inconsistency between the teens of such proposal and this Agreement, the terms of this Agreement
shall govern.
13 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or
local governmental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and
expense such licenses, permits and approvals as maybe required by law for the performance of the
services required by this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and hrterM which maybe imposed by law and arise
from or are necessary for the Contractor's performance of the services required by this Agreement, and
shall indemmnify, defend and hold hamtless City against any such fees, assessments,taxes penalties or
interest levied,assessed or imposed against City hereunder.
1.5 Faumiliana y with Work. By executing this Contract, Contractor warrants that Contractor
(a)has thoroughly investigated and considered the scope of services to be performed, (b)has carefully
considered how the services should be performed, and (c) fully understands the facilities, difficulties
and restrictions attending performance of the services under this Agreement. If the services involve
work upon any site,Contractor warrants that Contractor has or will investigate the site and is or will be
fully acquainted with the conditions there existing, prior to commencement of services hereunder.
Should the Contractor discover any latent or unknown conditions,which will materially
affect the performance of the services hereunder, Contractor shall immediately inform the City of such
fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to famish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages,to persons or property,until acceptance of the work by City, except
such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act in
good faith to execute all instruments,prepare all documents and take all actions as may be reasonably
necessary to cant' out the purposes of this Agreement. Unless hereafter specified, neither party shall
be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work.No such extra
work maybe undertaken unless a written order is first given by the Contract Officer to die Contractor,
incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement,which said adjustments are subject to the written approval of the Contractor.Any increase
in compensation of five percent (5"/u) or less of the Contract Sum, or in the time to perform of one
hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases,
taken either separately or cumulatively must be approved by the City Council. It is expressly
understood by Contractor that the provisions of this Section shall not apply to services specifically set
forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services maybe more
costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to
additional compensation therefore.
1.9 Special Requirements.Additional terms and conditions of Ibis Agreement,if any,which
are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and
incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B
and any other provisions of this Agreement,the provisions of Exhibit B shall govern.
2.0 COM E,NSATTON
2.1 Contract Sum. As outlined in the Scope of Services, Contractor agrees to offer a door-
to-door collection for household hazardous waste (HHW) free to low-income senior or disabled
cilirsns_ The Contractor will be paid by City for specific collections, as directed by Staff, in the
amount of $115.00 per stop for collection of all household hazardous waste (HHW) with any
additional costs expl e xhibit C-Compensation. The Total contract amount not to exceed
Five Thousand Dollars 000.0
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2.2 Method of Payment Contractor shall, on a monthly basis, submit to City an
itemized invoice for compensation for services performed. Contractor shall on a monthly basis,
submit to City an itemized listing of all completed sales indicating the total of each sale and the
fee earned by City for that charge. City at its discretion will direct Contractor when and how to
make payment_ The amount due to City can accumulate and be used at City's sole discretion to
fund additional collections for other approved uses_ Payment must be made to City within 45
days after the end of the calendar month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period established in Section 3.4 of this Agreement.
3.3 Force Mai The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be,extended because of any
delays due to un foreseeable causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten (10) days of the commencement of such delay notify the Contract
Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Contractor's sole remedy being extension of
the Agreement pursuant to this Section.
%4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and elTect 1'or one full year from date of approval of
contract by the City Manager, unless extended
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
William 13. Anderson, President
Curbside, hie.
1160 N. Armando St
Anaheim., CA 92806
ft is expressly understood that the experience, knowledge, capability and reputation of the
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foregoing principals were a substantial inducement fOr City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated
by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of
the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment_ The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the City. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more than twenty five percent (25%) of the present ownership and/or control
of Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability
hereunder without the express consent of City.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any control
over the manner, mode or means by which Contractor, its agents or employees, perform the
services required herein, except as otherwise set forth herein. City shall have no voice in the
selection, discharge, supervision or control of Contractor's employees, servants, representatives or
agents, or in fixing their number, compensation or hours of service. Contractor shall perform all
services required herein as an independent Contractor of City and shall remain at all times as to
City a wholly independent Contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE,INDUMNIFICATION.AND BONDS
5.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a
form and content satisfactory to City, during the entire tern of this Agreement including any
extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance_ A policy of comprehensive general
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liability insurance written on a per occurrence basis. If the Contract Suet is
$25,000.00 or less, the policy of insurance shall be written in an amount not less
than either (i) a combined single limit of$500,000.00 or (ii) bodily injury limits
of$250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products
and completed operations and property damage limits of $100,000.00 per
occurrence and$1,000,000.00 in the aggregate. If the Contract Sum is greater than
$25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be
in an amount not less than either (i) a combined single limit of$1,000,000.00 for
bodily injury, death and property damage or (ii) bodily injury limits of
$500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products
and completed operations and property damage limits of $500,000.00 per
occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than
$100,000.00, the policy of insurance shall be in an amount not less than
$5,000,000.00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the
City against any loss, claim or damage arising from any injuries or occupational
diseases occurring to any worker employed by or any persons retained by the
Contractor in the course of carrying out the work or services contemplated in this
Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance
written on a per occurrence basis in an amount not less than either(i) bodily injury
liability limits of $250,000.00 per person and $500,000.00 per occurrence and
property damage liability limits of$100,000.00 per occurrence and $250,000.00 in
the aggregate or (ii) combined single limit liability of$1,000,000.00. Said policy
sba11 include coverage for owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional
liability insurance, as may be required in the Special Requirements.
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 of said policies of insurance shall provide that said insurance may not be amended or
canceled without providing thirty (30) days prier written notice by registered mail to the City. In the
event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No
work or services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages
and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any
way Are extent to which the Contractor may be held responsible for the payment of damages to any
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persons or property resulting Isom the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
Agreement,the contract between the Contractor and such subcontractor shall require the subcontractor to
maintain the same policies of insurance that the Contractor is required to maintain pursuant to this
Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents and employees
against,and will hold and save them and each of them harmless from,any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities,
(herein"claims or liabilities")that maybe asserted or claimed by any person, firm or entity arising out
of or in connection with the negligent performance of the work, operations or activities of Contractor,
its agents,employees, subcontractors,or invitees,provided for herein or arising from the negligent acts
or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure
to perform any term, provision covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the City, its officers, agents or employees but
excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City,its
officers,agents or employees,who are directly responsible to the City,and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or
liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
(b)Contractor will promptly pay any judgment rendered against the City,its officers,agents or
employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or perform such work failure to, operations or activities of
Contractor hereunder; and Contractor agrees to save and bold the City, its officers,
agents,and employees harmless there from;
(c) In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Contractor for such damages or other claims arising out
of or in connection with the negligent performance of or failure to perform the work, operation
or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or
employees, any and all costs and expenses incurred by the City, its officers, agents or employees
in such action or proceeding, including but not limited to, legal costs and attorneys'fees.
5.3 Performance Bond_ Concurrently with execution of this Agreement, Contractor
shall deliver to City a performance bond in the sum of the amount of this Agreement, in the
£ono provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bond shall be unconditional and remain in force
during the entire tern of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement
shall be satisfactory only if issued by companies qualified to do business in California, rated
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"A" or better in the most recent edition of Best Rating Guide, The Ivey Rating Guide or in the
]Federal Register, and only if they are of a financial category Class VII or better, unless such
requirements are waived by the Risk Manager of the City due to unique circumstances. In the
event the Risk Manager of City ("Risk Manager") determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from the
Risk Manager; provided that the Contractor 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.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records
as shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. The Contract Officer shall have full and
free access to such books and records at all times during normal business hours of City,
including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained for a period of three (3) years following completion of the
services hereunder, and the City shall have access to such records in the event any audit is
required.
6.3 Ownership of Documents. All drawings, specifications,reports,records, documents and
other materials prepared by Contractor, its employees, subcontractors and agents in the
performance of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement, and Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights of ownership of the documents and materials hereunder,Any use of such
completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom.
Contractor may retain copies of such documents for its own use. Contractor shall have an
unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom_
6A Release of Documents- The drawings, specifications, reports, records, documents and
other materials prepared by Contractor in the performance of services under this Agreement shall not be
released publicly without the prior written approval of the Contract Officer.
7.O ENFORCEMENT OF AGREEMENT
7.1 California Law_ This Agreement shall be construed and interpreted both as to validity and
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to performarice of the parties in accordance with the laws of the State of California_ Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted m the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall
notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party
shall continue perl'orming its obligations bereunder so long as the injuring party commences to cure such
default witbin ten (10) days of service of such notice and completes the cure of such default within
forty-five(45)days after service of the notice,or such longer period as maybe permitted by the injured
party;provided that if the default is an immediate danger to the health,safety and general welfare, such
immediate action may be necessary. Compliance with the provisions of this Section shall be a
condition precedent to termination of this Agreement for cause and to any legal action, and such
compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is
not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of
which maybe in dispute hereunder or which are necessary to compensate City for any losses, costs,
liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third
parties, by reason of Contractors acts or omissions in performing or failing to perform Contractor's
obligation under this Agreement In the event that any claim is made by a third party, the amount or
validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be
the basis for a claim of lien, City may withhold from any payment due, without liability for interest
because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise
such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to
insure,indemnify,and protect City as elsewhere provided herein.
7.4 Waiver.No delay or omission in the exercise of arty right or remedy by a non defaulting party on any
default shall impair such right or remedy or be constne as a waiver.A parrys consent to or approval of any act by
the other party rrqurnng theparty's consent or approval shall not be deemed to waive or render umemmy the other
pady's consent to or approval ofany subsequent act Any waiver by either party ofany default must be in writing and
sbA not bea waiver ofany other default concerning the same or any other provision ofthisAgreement
T5 Rizbts and Remedies are Cunrulative Fxcept with respect m rights and remedies expressly declared to
be exclusive in this Agreement the rights and remedies ofthe parties are cumulative and the exercise by either party
ofoneor more ofsuch rights or remedies shall not preclude tie exercise byit,atthe same ordifl times,ofanyother
rights or haneles fnrthe same default or any other delirult by the odxT party.
7.6 Ue Action In additionto any other rights or remedies,eitherpady may take legal actim in law or in
equity,to cure,conect or remedy any default,to recover damages far any defiurlt;to compel specific performance of
this Agreemenl,to obtaindeclaraloryorinjunctiverelK orto obtain arty other remedy consigmitwiththe purposes of
thisAgreauart
7.7 Liquidated Damages_ Since the determination of actual damages for any delay in
performance of tlus Agreement would be extremely difficult or impractical to determine in the
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event of a breach of this Agreement, the Contractor and its sureties sball be liable for and shall pay
to the
City the sum of zero ($0.00) dollars as liquidated damages for each working day of delay in
the performance of any service required hereunder. The City may withhold from any monies payable
on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of
this Agreement except as specifically provided in the following Section for termination for cause.The
City reserves the right to terminate this Agreement at any time,with or without cause,upon thirty(30)
days' written notice to Contractor, except that where termination is due to the fault of the Contractor,
the period of notice may be such shorter time as may be determined by the Contract Officer. In
addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or
without cause,upon sixty(60)days'written notice to City,except that where termination is due to the
fault of the City,the period of notice may be such shorter time as the Contractor may determine. Upon
receipt of any notice of termination, Contractor shall immediately cease all services hereunder except
such as maybe specifically approved by time Contract 011icer_ Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and for-
any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation (Exhibit"C") or such as may be approved by the Contract Officer, except as provided
in Section 7.3. In the event of termination without cause pursuant to this Section,the temminating party
Deed not provide non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Temmination for De&A of Contractor.Iftenmrumation is due to the failiue of the Contractor to fulfill its
obligations under&s Agnerneut City may,aftercompliamc with the provisions of Section 7.2,take over the work
and prose cute the same to completion by contractor othavise,and the Contactor shall be liable to the cdenttivadme
total cost for completionofthe services req medheramderexceeds the compemationherm stipulated(pmvideddk
time City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously
stated
7.10 Attorneys'Fees. If either party to this Agreement is required to initiate or defend or made
a party to any action or proceeding in any way connected with this Agreement,the prevailing party in
such action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorneys fees. Attorneys fees shall include attorneys fees on
any appeal,and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs
for investigating such action, taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.No officer or employee of the City shall be
personally liable to the Contractor,or any successor in interest, in the event of any default or breach by
the City or for any amount which may become due to the Contractor or to its successor,or for breach
of any obligation of the terms of this Agreement
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,
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direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation,partnership or association in which he is,directly or indirectly,interested,in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or
give any tliird party any money or other consideration for obtaining this Agreement.
8.3 Covenant Aeainst Discrimination_ Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex, marital status,
national origin,or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid,first-class mail, in the case of the City,to the City Manager
and to the attention of the Contract Officer, City OF PALM SPRINGS,P.O. Box 2743,Palm Springs,
California 92263, and in the case of the Contractor, to the person at the address designated on the
execution page of this Agreement. Either party may change its address by notifying the other party of
the change of address in writing_ Notice shall be deemed communicated at the time personally
delivered or in seventy-two(72)hours From the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed fbr or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any, between the parties, and
none shall be used to interpret this Agreement. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not effect any of the remaining phrases, sentences, clauses,paragraphs,or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties
Hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic
benefit of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority_ The persons executing this Agreement on behalf of the parties
hereto warrant that(i)such party is duly organized and existing,(ii)they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is
formally bound to the provisions of this Agreement,and(iv)the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound
10
9.6 Limitations of Contractor. Acknowledging that the City of Palm Springs has an
exclusive franchise for the collection, hauling, and disposal of municipal solid waste with Palm
Springs Disposal Services, a company unrelated to the Contractor, both the City and Contractor
agree that this Contract is for services established in Exhibit "A" of this agreement,Scope of Work.
In no way is this Contract to be construed as granting Contractor, its parent company or any
successor company to itself or parent,the right to collect,haul,or dispose of municipal solid waste or
other recyclable materials in the City of Palm Springs, other than the materials listed in Exhibit "A"
as the "Pay as you throw" 1IlIW materials and Recycled materials.
11
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year
shown below,
DATE •1)f 7 CITY OF PALM SPRINGS
A
Cily ana
"CONTRACTOR"
CURBS _ ,
Signature
Print Name& Title
By:
4j,7�/,4
Print Name & Titic
APPROVED BY CITY MANAGER
12
Exhibit "A"
Scope of Services
This proposes that the City of Palm Springs continue It's household hazardous waste
management program to help meet Stormwater/NPDES, ADA and AB939 requirements by
removing toxic chemicals stored in residents' homes.
Residents are notified that the program will remove their household chemicals and other
items directly from their homes if they call 1-800-449-7587 and request a collection date.
The waste is placed by the entrance door, garage door or gate in the morning and it is
removed by the time they come home from work.
There are distinct benefits for this type of program vs. events and permanent centers, both of
which require residents to drive. The poor-to-Door program allows residents to participate when
it is convenient for them, with the least risk to their health and the health of others. Seniors and
disabled persons are offered assistance when they cannot remove the items from their garages
and homes. This program is like having many small "events"throughout the year.
As much as 80% of the waste collected is recycled. In many respects, this is a recycling
program.
Basic Operation of the Program:
1. Resident calls the toll-free hotline to schedule an appointment. At this time the
operator and resident will determine mutually, a safe and convenient location on their
property for placement of the collection bag for pickup.
2. An HHW Kit will be provided to each participant who has materials for collection by
Curbside prior to the collection day.
3. On the scheduled day, the resident places the kit bag in the previously agreed upon
location on their property for collection.
4. On the scheduled day, our highly trained customer service person arrives and
inspects the contents of the bag.
5. Acceptable materials are carried to the vehicle.
6. The materials are then sorted by hazard class and placed into proper containers
(lab/loose packed)-
7- If participants leave unacceptable materials, the unacceptable materials will be
carefully re-packaged (when safe to do so) inside a new bag. An information card will
be placed in the bag (or on the door) informing the participant to call for instructions. No
resident will be left without a solution.
8. The waste material is shipped to final recycling/disposal facilities.
9. Complete reporting will be provided to the City. This is based upon the individual
receipt used at the home. Reports will show what was collected, from whom, and
when.
Household hazardous waste is co-mingled as it is collected. Waste from one
community is often co-mingled with waste from other communities. Curbside prepares
shipping documents when we ship waste for recycling or disposal. We retain copies of
these documents.
13
Exhibit"B"
"Special Reguirements"
Section 6.3 - Performance Bond
Performance Bond waived.
14
Exhibit"C
"Compensation"
The yearly contract not to exceed $5,000.
An HHW stop consists of the collection of toxic material including motor oil, filters, paints,
pesticides, herbicides, cleaners, solvents, acids ect. Residents will be allowed to place
the contents of the bag along with 5 auto batteries and up to (4)four foot fluorescent
bulbs out side the bag.
The City will be billed $115.00 per stop for the above maximum materials placed out for
collection. If the resident has SB20 a-waste in addition to the HHW we charge an
additional $5,00 handling fee per stop.
A minimum of six (5) stops per day must be scheduled. Less than five (5 scheduled stops
will cant'a minimum daily rate of$575.00. The City will be notified if the minimum is
not meet. Curbside will schedule collections with adjacent Cites as possible to meet
daily minimum. Worse case is that we go out one day a month at a cost to the City of
$575.00 per month.
Large quantities of waste and items which are clearly commercial will not be collected under
the standard pricing above. The resident or City may choose to pay for the cost of
collecting this material. In these cases our Small Business prices will be offered.
Standard generic art work from Curbsides archive will be made available via e-mail for
free. Any additional work performed by our media staff( i.e: customization and or
changes) will be billed at a rate of$95.00 per hour
The HHW program as proposed 1 for an additional includes the collection of electronic
waste funded under SB20 for a $5,00 fee. This includes TVs, computer monitors and
lap top computers only. It the City chooses to collect all other remaining types of e-
wastes If HHW is not being collected, the a-waste stop fee of$52.00 will be charged
plus the price per item for the materials collected.
Should funding not be available for the City to pay the cost of collection and recycling of E-
waste, Curbside will collect E-waste from a home and charge the resident. If HHW is
collected at the same time a $5.00 handling fee will be charged in addition to the HHW
stop fee. When residents pay, they pay a fixed fee for each item collected plus a stop
fee of$52.
PRICING: Subiect to a 5% per year increase
Sharps Pricing:All containers sizes as listed below include shipping to the resident and
back to the incinerator when container is full and all disposal costs.
SIZE: NEEDLE CAPACITY: PRICE:
15
I gallon 150-180 $42.00
2 gallon 260-280 $54.00
3 gallon 300-360 $68.00
5 gallon 500-750 $79.00
16
- 1
r
i
PROPOSAL
Household Hazardous Waste Management Program
City of Palm Springs
October 2, 2006
PROGRAM SUMMARY:
This proposes that the City of Palm Springs continue It's household hazardous waste manage-
ment program to help meet Stormwater/NPDES, ADA and AB939 requirements by removing
toxic chemicals stored in residents' homes.
Residents are notified that the program will remove their household chemicals and other items
directly from their homes if they call 1-800-449-7587 and request a collection date. The waste
is placed by the entrance door, garage door or gate in the morning and it is removed by the
time they come home from work-
There are distinct benefits for this type of program vs. events and permanent centers, both of
which require residents to drive. The Door-to-Door program allows residents to participate
when it is convenient for them, with the least risk to their health and the health of others. Sen-
iors and disabled persons are offered assistance when they cannot remove the items from
their garages and homes. This program is like having many small "events"throughout the
year.
As much as 80% of the waste collected is recycled. In many respects, this is a recycling pro-
gram. Another important benefit to the program is that electronic waste can be collected at the
same time- Large television sets, computer monitors (TV's and CRT's are hazardous now)
and consumer electronics are simply placed on the same vehicle with chemicals and other
HHW.
Budgeting for the program is simple. Curbside will charge a fee of$115.00 per HHW collec-
tion.. For this fee we will:
Collect the contents of the kit (provided) via U-S- Mail
Render assistance to seniors and disabled persons (upon request)
Dispose of all waste (recycling about 80%)
Provide postage paid survey cards (mailed back directly to City)
Create monthly reports
Provide bi-annual comprehensive reports and analysis
Provide documentation for each collection
Hotline referrals for non-program calls
The current fee for a one gallon sharps kit (postage paid) is $42-00- Other sizes and prices for
those sizes are listed in the attached Sharps program document.
Copyright C9 2006 Curbside Inc- Page I
The following documents explain the program in more detail.
1. Door-to-Door program operational plan
2. Acceptable and unacceptable waste with disposal options for excess, commercial
and unacceptable waste.
3. Public Education efforts, what is and is not included in the basic program
4. Sharps Program
Curbside,Inc-
^ 0, 1160 N-Armando St
Anaheim,CA 92806
Phone!714-404-1015 (ext. 110)
- Fax:714-200-0515
E-mail:panderson@curbsideinc.com
www.cfbsideinc.corn
Copyright 0 2006 Curbside Inc. Page 2
XITACrMENr
DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE
OPERATIONAL PLAN
BBasic operation of the 1. Resident calls the toll-free hotline to schedule an
program: appointment- At this time the operator and resident will
determine mutually, a safe and convenient location on
their property for placement of the collection bag for
pickup-
2. An HHW Kit will be provided to each participant who has
materials for collection by Curbside prior to the
collection day.
3. On the scheduled day, the resident places the kit bag in
the previously agreed upon location on their property for
collection.
4- On the scheduled day, our highly trained customer
service person arrives and inspects the contents of the
bag-
5. Acceptable materials are carried to the vehicle.
6- The materials are then sorted by hazard class and
placed into proper containers (lab/loose packed).
7- If participants leave unacceptable materials, the
unacceptable materials will be carefully re-packaged
(when safe to do so) inside a new bag. An information
card will be placed in the bag (or on the door)
informing the participantto call for instructions. No
resident will be left without a solution.
8. The waste material is shipped to final recycling/disposal
facilities.
9. Complete reporting will be provided to the City. This is
based upon the individual receipt used at the home-
Reports will show what was collected, from whom, and
when-
Collection "Kit": The "kit" was designed to ensure that residents set out for
collection only acceptable waste gathered in one location, safe
from children and the weather- The kit is mailed to every
participant requesting a full service HHW collection - The kit
will usually arrive about three days or more in advance of a
collection. The kit contains the following:
Industrial size 4 mil bag (clearly labeled as household
hazardous waste) - of sufficient size to contain an
average of 100 pounds of toxic material
One-way secure tie and label for bag—used to secure
bag and keep moisture out.
Pre-printed and blank labels—residents use for items
Copyright cif 2006 Curbside Inc- Page 3
not in original containers
Instruction Sheet—complete program instructions and
use of packaging materials
Survey card —postage paid card, participants mail
directly to the City-
The bag is used to insure that all of the waste set out for
collection is contained. Use of this containment device will help
reduce overall program cost by limiting the amount of waste the
resident is allowed to set out for collection (the program cost is
based upon a pre-determined profile of the quantity and types
of waste typically collected in this type of program). Waste
secured inside this very heavy, industrial bag, will not be
exposed to the elements. While we will not usually accept
leaking containers, should an oil or paint can leak, all material
will be contained- With the exception of 4 auto batteries and 4
fluorescent tubes all other material collected per stop must be
contained within the bag. If additional material is placed outside
of the bag, additional fees will be imposed as defined within the
monetary proposal
Special service will be provided on an as needed basis for
senior/disabled participants. Often senior/disabled residents
are not able to lift and assemble their material for collection.
Curbside will assemble and package material for these
individuals at no additional cost to the City- (Assembling and
packaging is limited to 15 minutes. A fee of$55.00 per hour will
be charged for any additional time expended over the allowed
15 minutes) Our experience has been in your program that
most if not all assistance that has been required has is in fact
been completed within the allowed 15 minute time frame- Prior
to the collection date, Curbside will distribute the HHW Kit to
each resident that has scheduled a collection
The participant will be able to fill the bag (toxic materials must
be contained within the bag) with HHW(the weight of the bag
will vary with an average bag weighing about 100 pounds).
Residents will be instructed that all liquid waste must be tightly
capped or sealed and in a container free of leaks-
Management of waste: All waste collected will be recorded on an inventory form. Each
item collected will be listed along with the name and address of
the participant. In California, a copy of the form is left with the
participant- Data from the collection is entered into Curbside's
database where the computer calculates the approximate weight
of the waste collected- This information is included in reports-
Household hazardous waste is co-mingled as it is collected.
Waste from one community is often co-mingled with waste from
Copyright 0 2006 Curbsidc Inc. Page 4
Management of waste other communities. Curbside prepares shipping documents
(continued): when we ship waste for recycling or disposal_ We retain copies
of these documents.
Insurance Coverage: Curbside provides a one million dollar insurance policy to meet
State of California MCS 90 standards. This policy covers
liability and pollution caused as a result of Curbside Inc.
operations. The City will be added as a named insured and
indemnified in the final contract.
Copyright 0 2006 Curbside Inc. Page 5
ATrACnnicrrr
HOUSEHOLD HAZARDOUS WASTE MATERIALS 2
ACCEPTABLE WASTE: UNACCEPTABLE WASTE:
Garden Chemicals Biological waste
Insectsprays
Weed killers Radioactive materials
Other poisons
Fertilizer Smoke detectors
Swimming Pool Chemicals
Pool acid Ammunition
Chlorine, tablets, liquid
,Automotive Waste Explosives
Motor oil
Antifreeze Leaking containers
Waxes
Polishes Unknowns(must be tested)
Cleaners
Brake fluid Fire extinguishers
Gasoline
Used oil filters Pressurized cylinders
Oily rags
Transmission fluid Tires
Windshield washer fluid
Hydraulic fluid Appliances (larger than microwave)
Automotive batteries
Paint Products Waste in 6 gallon or larger container
Oil based paint
Latex paint Commercial chemicals (for business use)
Spray paint
Stripper Asbestos
Stains
Caulking Trash
Wood preservative
Glue Construction materials
Thinner
Household Cleaners Not more than five gallons of driveway sealer
Bleach
Cleaning compounds Liquid mercury
Floor stripper
Drain cleaner
Tile remover NOTE:
Tile cleaners
Rust remover Many of the above items will be accepted upon
Misc. Household approval at additional cost to the City or resident.
Household batteries Residents will be told to contact their local fire
Electronics,TV, CRT, consumer items department for explosives, ammunition, fire extin-
Fluorescent tubes guishers and pressurized gas cylinder disposal.
Thermometers
Hobby glue Leaking containers can be collected after the
Artist's paint resident has repackaged them. Unknowns that
Other materials made for use at home can be identified by the resident will be taken.
There is a fee to identify unknowns.
Copyright 0 2006 Curbside Inc. Page 6
AT]FACH;kF N: r
PUBLIC (EDUCATION 3
Assistance with Public Curbside will provide assistance to City Staff for the development
Education and implementation of a successful public education program.
available at no cost): Curbside's marketing professionals will make their services
available to review and edit communications materials prepared
by the City. Camera-ready art from Curbside, Inc. will be
provided, including modest customization, at no charge. Curbside's
Marketing Staff is available to assist the City with media planning,
copy writing and with the production of printed material (standard
cost-plus-15% markups apply for outside purchases). Curbside
will track how callers have learned about the program. The results
will help the City determine the relative effectiveness of its
public education activities.
Summary of included services:
• Review and edit communications material prepared by City
• Use of Curbside's existing camera-ready art and modest
copy/art customization.
• Assistance with media scheduling
• Introductory press-release copy
• Tracking of how callers heard about the program
Additional Services are provided on an hourly rate basis. Standard cost-
o�mmunications plus-15% markups apply for outside purchases-
Services
fees apply):
Here is a partial list of the services we offer:
• Program planning
• Grant writing
• Public event planning
• Program presentations to groups
• Advertising production
• Promotion and specialty advertising handouts
• Media planning and buying
• All stages of art from rough concept to final design and
camera-ready art
• Press relations
• Speech writing
• Video production
• Signage
• Exhibit design and production
• Web site design
Copyrighi 0 2006 Curbside Inc. Pane 7
i
Excessive waste/ Curbside accepts a reasonable quantity of waste (the contents of
unacceptable waste: the bag), in some cases more than 100 pounds. Events gener-
ally collect about 60-75#. Some residents have taken home
chemicals from a factory or other business or they operate a
business from their homes. Large quantities of waste and items
which are clearly commercial will not be collected under the stan-
dard program. The resident can, however, pay for the cost of
collecting these materials. Our Small Business Program
prices are offered for these circumstances.
Electronic waste option: The program as proposed does not include the collection of
electronic waste. This option can be included at additional cost.
If the City agrees to pay for the cost of collection, Curbside will
charge a price per item collected and waive the stop fee
when HHW is being collected. If HHW is not being collected,
the stop fee will be charged plus the price per item for the ma-
terials collected.
Should funding not be available for the City to pay the cost of
collection and recycling of E-waste, Curbside will collect E-
waste from a home and charge the resident. If HHW is col-
lected at the same time, the stop fee is waived. When resi-
dents pay, they pay a fixed fee for each item collected plus a
stop fee.
NOTE: All of the above cost's are subject to a 5% per year in-
crease.
Copyright 9 2006 Cwbsidc lnc. Page 8
ATTACII`MN_r
HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM 4
Monetary Proposal
Door-to-Door Collections An HHW stop consists of the collection of toxic material includ-
ing motor oil, filters, paints, pesticides, herbicides, cleaners,
solvents, acids ect. (See attachment#2 for complete listing).
Residents will be allowed to place the contents of the bag
along with 5 auto batteries and up to (4) four foot fluorescent
bulbs out side the bag.
The City will be billed $115.00 per stop for the above maximum
materials placed out for collection. If the resident has SS20 e-
waste in addition to the HHW we charge an additional $5.00
handling fee per stop_
Minimum Scheduled A minimum of six (5) stops per day must be scheduled.
Stops Less than five (5 scheduled stops will carry a minimum
daily rate of $575,00, The City will be notified if the mini-
mum is not meet. Curbside will schedule collections with
adjacent Cites as possible to meet daily minimum. Worse
case is that we go out one day a month at a cost to the City of
$575.00 per month.
Excessive waste/ Large quantities of waste and items which are clearly com-
unacceptable waste: mercial will not be collected under the standard pricing
above. The resident or City may choose to pay for the cost
of collecting this material. In these cases our Small Busi-
ness prices will be offered.
Standard generic art work from Curbsides archive will be
Public education made available via e-mail for free. Any additional work per-
formed by our media staff( Le: customization and or
changes) will be billed at a rate of$95.00 per hour
The HHW program as proposed includes the collection of
Electronic waste option electronic waste funded under SS20 for a $5.00 fee. This in-
cludes TVs, computer monitors and lap top computers only. If
the City chooses to collect all other remaining types of e-wastes
will be charge$52.00 per stop plus the price per item for the
materials collected.
Should funding not be available for the City to pay the cost of
collection and recycling of E-waste, Curbside will collect E-
waste from a home and charge the resident. If HHW is col-
lected at the same time a $5.00 handling fee will be charged
in addition to the HHW stop fee. When residents pay, they
pay a fixed fee for each item collected plus a stop fee of$52
$52.00.
Copyright 0 2006 Curbside Inc. Page 9
SHARPS ELEMENT
Residents can call the toll free hotline and order a Sharps Kit. There are various container
sizes available, however, the one-gallon size is the best value. The kit is mailed directly to
the resident from the fulfillment house. The resident opens the kit which is comprised of a
plastic bag, tie, shipping form, plastic sharps container and postage paid mail back
box_ After the sharps container is filled, the resident fills in the shipping form, seals the
container in the plastic bag, places the container in the postage paid shipping box and mails it.
When the participant drops the kit into the mail, it is sent directly to an approved incinerator.
There is no liability for the resident or the City. The entire kit is Postal Service approved. If
the resident wants another kit,they call the tall free hotline and one will be shipped. The City
will determine a budget for the total number of kits and the number of kits per household.
The cost will be billed as the kits are shipped, up to the maximum permitted by the City.
PRICING: Subject to a 5% per year increase
Sharps Pricing: All containers sizes as listed below include shipping to the resident and back
to the incinerator when container is full and all disposal costs.
SIZE: NEEDLE CAPACITY: PRICE:
1 gallon 150-180 $42.00
2 gallon 260-280 $54.00
3 gallon 300-360 $68.00
5 gallon 500-750 $79.00
Services included in the program are:
• Hotline Operation
• Shipping of Sharps Kit to Resident
• Sharps Mail-In Kit
• Artwork is available from Curbside archives upon request
• Program Administration
• Creation of Report
Incineration and recycling of sharps and containers
Sharps Kits will be restricted to one container per resident, per year unless otherwise re-
quested by City. Should the resident choose to order more than one container at a time, or
more than one per year, the resident will be billed, unless otherwise requested by the City.
Copyright 9 2006 Curbside Inc, Page 10