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HomeMy WebLinkAbout05124 - CURBSIDE INC COLLECTION OF HOUSEHOLD HAZARDOUS WASTE Curbside, Inc. Collection of HHW A5124 City Manager auth, 07-08-2005 CONTRACT to Continue Door-to-Door Household Hazardous Waste Collection Program THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this fir':' day of �'��',;°,.� 2005, 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 may be 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 terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 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 may be 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 interest,which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity 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 orwill 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 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish 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 carry out the purposes of this Agreement. Unless hereafter specified, neither parry 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 may be undertaken unless a written order is first given by the Contract Officer to the 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%) 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 may be more costly ortime consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this 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 COMPENSATION 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 citizens. The Contractor will be paid by City for specific collections, as directed by Staff, in the amount of$110.00 per stop for collection of all household hazardous waste(HHW) with any additional costs explained in Exhibit C-Compensation. The total contract amount not to exceed Eiqht Thousand and no dollars ($8,000.00). 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. 2 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 Majeure. 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 unforeseeable 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. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect for 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 B. Anderson, President Curbside, Inc. 1845 Orangewood Avenue Suite 320 Orange, CA 92868 It is expressly understood that the experience, knowledge, capability and reputation of the 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 personas maybe 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 Cityto the Contract Officer.Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 3 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 Aqainst 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 Contractoror 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 anyway 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, INDEMNIFICATION 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 term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum 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 $100,000.00 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 propertydamage 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. 4 (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 defenseforboth the Contractorand the City against anyloss,claim ordamage arising from any injuries oroccupational 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$500,000.00. Said policy shall 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 prior 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 the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from 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 may be 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: 5 (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 failure to perform such work, operations or activities of Contractor hereunder;and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (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 form 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 term 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"A"or better in the most recent edition of Best Rating Guide, The Key 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 rightto 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 bythis Agreementasthe 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 6 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. 6.4 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. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance 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 in 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 Disl2utes. 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 performing its obligations hereunder so long as the injuring party commences to cure such default within 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 may be 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 may be 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 Contractor's 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 7 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 any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies,either party may take legal action,in law or inequity,to cure,corrector remedy any default,to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damaqes. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement,the Contractor and its sureties shall 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 anytime,with orwithout 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 anytime 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 may be specifically approved by the Contract Officer. 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 terminating party need not provide non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided thatthe City shall 8 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 anyway 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 attorney's fees. Attorneys fees shall include attorney's 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-IiabilityofCity 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,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 third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Aoainst 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 for or against either parry by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9 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 deliverthis 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. 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 'Was the "Pay as you throw" HHW materials and Recycled materials. 10 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. DATE: CITY OF PALM SPRINGS it ATTE°S-T-._ « c .11�—'sy. '' — J?✓ .� ... �. City Clerk City Manager PROVE B}'CITY,MAUGER /,✓ ,. :. f ,. , �r"�".a V1 C; , r,s "CONTRACTOR" CURUSIDE, INC. By: vm I iSig&tfare` 1 Print Name & Title Cor tAYetwo NOTARIZED signature One from each of the following: A. Chairman of Board, President, any Vice President:AND B. Secretary, �All Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). Ry: ,; /..� Signature ��,✓1-�a"B( ec'- -9-i"me�r,,,9 `ems/�"sa wvd..e ���e'i�!��p. Print Name,& Title APPR ,VEbL� S TO FORM: j' .'�"� f /I1r ATTORNEY ATTACHMENTS: EXHIBIT, A SCO'PEPF;�ERVICES 'EXHIBIT%�'B", SPECIAC°REQUIREMENTS EXHIBIT "&" COMPENSATION EXHIBIT"D" PROPOSAL it State ofCalifornia) ) SS. County of R verside) O 2212tb�- before me, 1. I,�r &S(-GL � - Notary Public, personally apn n ared personally known to me to be the p rson0 0 whose name( (is/ re subscrib d to the within instrument and-acknowledged to me that hilthey executed same in /her/their authorized capacity ( 9), and tfiaf by .�, his/her/their signatureOO on the instrument the personX, or the entity upon behalf of which the a..,,,,.,,,.,_pEfS gasted,-executed the instrument. WITNESS my hand and official seal. Notary Public _ _ _ _i - - - �r � C. NANCY ESCOBAR Comml5%o1F1# ,W.7 9 Notary Public - California _ orange county W Can E0%X 019,PAOB State of California) )SS. County of�Rlabersrda) vi. 0 On 22,UW-, before me, ` '"0 �Yx r Notary Public, personally ap ared �c ;CK Frorzr sv> , personally known to me to be the person( whie name is% re subscribed to the within instrument and acknowledged to me Zth t 1gs4eMgq executed the same in his/her/their authorized capacity (K), and that by sis he4ftir signature(, on the instrument the person(), or the entity upon behalf of which the personK acted, executed the instrument. WITNESS y hand and official seal. �� }�(�,,,� Notary P IIC C. NANCY ESCOBAR / 'i Commis5lon# 1508729 l Notary Public - California Orange County ( AAyCanrn.EVIresAug 19,2MB - - - - - - - - - - - 12 Exhibit"A" Scope of Servlices 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 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. 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. 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 (consumer electronics are hazardous after 2/2006) are simply placed on the same vehicle with chemicals and other HHW. 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 13 documents when we ship waste for recycling or disposal. We retain copies of these documents. 14 Exhibit T" "Special Requirements" Section 5.3 - Performance Bond Performance Bond waived. 15 Exhibit "C" "Compensation" The yearly contract not to exceed $8,000. An HHW stop consists of the collection of toxic material including 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 $110.00 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 carry a minimum daily rate of$550.00. 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 $550.00 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 I for an additional includes the collection of electronic waste funded under SB20 for a $5.00 fee. This includes TV's, computer monitors and lap top computers only. If 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: 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 quart 20-40 $35.00 16 1 gallon 150-180 $42.00 2 gallon 260-280 $54.00 3 gallon 300-360 $68.00 5 gallon 500-750 $79.00 17 n PROPOSAL Household Hazardous Waste Management Program City of Palm Springs May 18, 2005 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 (consumer electronics are hazardous after 2/2006) are simply placed on the same vehicle with chemicals and other HHW. I Budgeting for the program is simple. Curbside will charge a fee of$110.00 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 I 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 2005 Curbside hic. Page 1 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 t and unacceptable waste. i 3. Public Education efforts, what is and is not included in the basic program 4. Sharps Program Curbside, Inc. 1605 N. Spurgeon St. Santa Ana, CA 92701 Phone: 714-542-2222(ext. 115) Fax: 714-542-2224 w ;invi; I E-mail: wanderson@curbsideinc.com www.curbsideinc.com Copyright 0 2005 Curbside Inc. Page 2 ATTACIDA ENT DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE OPERATIONAL PLAN Basic 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 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. 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. Copytight©2005 Curbside Inc. Page 3 Pre-printed and blank labels— residents use for items 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. t 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: C 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. Copyright 0 2005 Curbside Inc Page 4 Management of waste Household hazardous waste is co-mingled as it is collected. (continued): 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. Insurance Coveraqe: �i f Curbside provides a one million dollar insurance policy to meet ffff 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 U 2005 Curbside Inc. Page 5 ATTACHMENT HOUSEHOLD HAZARDOUS WASTE MATERIALS ACCEPTABLE WASTE: UNACCEPTABLE WASTE: Garden Chemicals Biological waste Insect sprays Weed killers Radioactive materials Other poisons Fertilizer Smoke detectors I'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 U 2005 Curbside Inc. Page 6 ATTACT,MEPTC pN PUBLIC EDUCATION 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 's • 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 j • Press relations • Speech writing • Video production • Signage • Exhibit design and production • Web site design ' Copyright 0 2005 Curbside Inc. Page 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 I 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 0 2005 Curbside Inc. Page 8 A'flTi Ao✓hiMMT HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM 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 i along with 5 auto batteries and up to (4)four foot fluorescent bulbs out side the bag. The City will be billed $110.00 per stop for the above maximum materials placed out for collection. If the resident has SB20 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 $550.00. 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 j case is that we go out one day a month at a cost to the City of $550.00 per month. i 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. Public education Standard generic art work from Curbsides archive will be 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 I for an additional includes I Electronic waste option the collection of electronic waste funded under SB20 for a $5.00 fee. This includes TV's, computer monitors and lap top com- puters only. If the City chooses to collect all other remaining types of e-wastes If I-IHW is not being collected, the a-waste s 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 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 Copyright Ci 2005 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 mall 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 toll 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 quart 20-40 $35.00 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©2005 Curbside Inc. Page 10 SP CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-08-2005 GROUP: POLICY NUMBER: 1750381-2004 CERTIFICATE ID: 35 CERTIFICATE EXPIRES:08-23-2005 08-23-2004/08-23-2005 CITY OF PALM SPRINGS SIR 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92263 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. l , tNL AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-15-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. N CD eti it L7) 7 C.J e• EMPLOYER CURBSIDE, INC SIP 1160 N ARMANDO ST ANAHEIM CA 92806 [PSC,CN] PRINTED : 07-08-2005 (REV.2-05) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MIWDD/YYYY) —W , 0 710 612 00 5 PRODUCER (949)851-8800 PAX (949)851-8802 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GSM Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR License No: OD15612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 30 Corporate Park #307 Irvine, CA 92606 INSURERS AFFORDING COVERAGE NAIC# INSURED Curbside, Inc. INSURER A: Steadfast Insurance Company 26387 1605 N. Spurgeon St. INSURERS: Zurich American Insurance Co 16535 Santa Ana, CA 92701 IN—SURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES—AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IASAA-SR TYPE OF INSURANCE POLICY NUMBER P LI Y EFFECTI OLICY EXPIRATION LTR NSR DATE(MMIDI)Y DATE(MMIODA'Y) LIMITS GENERAL LIABILITY GPL 543 5554-00 08/23/2004 08/23/200S FACHOCOURRENCE F 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE APREMIGET(T R NNTEDnraD ) — $ 1.00,000 CLAIMS MADE FV I OCCUR MED EXP(Any one person) $ 25,000 A PERSONAL BADVINJURY $ 1,000,000 GENERALAGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 1,000,000 POLICY n JECT I I LOC AUTOMOBILE LIABILITY BAP S43 5553-00 08/23/2004 08/23/2005 COMDINW SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS $1,000 DED COMP BODILY INJURY SCHEDULED AUTOS $1,000 DED COLL (Per person) $ B HIRED AUTOS BODILY INJURY NON-OWNEDAUTOS (Peraccldent) $ PROPERTY DAMAGE $ (Peraccldent) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ �ANVAUTO OTHER THAN EAACG $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑ CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND ITORY LIMRS� I ER EMPLOYERS LIABILITY ANY PRCPRIETOR/PARTNER/EXECUTIVE F.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? E.L.DISEASE•EA EMPLOYEE S If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER GPL 543 5554-00 08/23/2004 08/23/200S $1,000,000 Each incident A Contractor's Pollution Liability $1,000,000 Policy aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES;EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The general liability policy includes the City of Palm Springs as additional insured with regard to work performed by or on behalf of the Named Insured where required by written contract. *Except 10 day notice for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City Of Palm Springs 30.• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Elaine Weddekind BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY P. 0. Box Z743 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92263-2743 AUTHORIZED REPRESENTATIVE I ACORD 25(200i/08) © O D CORPORATION 1988` Endorsement# Additional Insured — Scheduled — Owners, Lessees or 'J Contractors — Broad Form ZURICH COVERAGE PART ONE—COMMERCIAL GENERAL LIABILITY Policy No. Eff.Date of Pol. Exp.Date ofPol. Efl:Date ofEnd Broker Add'1 Prom. Return Preen. I GPL 5435554-00 08/23/04 09/23/05 I 06/06/05 GSM Insurance Services `Named Insured and Mailing Address: Broker: Curbside,Inc. GSM Insurance Services 1605 N.Spurgeon Street 30 Corporate Park#307 Santa Ana CA 92701 Irvine CA 92606 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAM IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the terms, exclusions and conditions of the policy and with respect to COVERAGE PART ONE—COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement that: Schedule Name of Person or Organization: City of Palm Springs 1. Who is all Insured (Section I.) in the COMMON POLICY PROVISIONS is amended to include as an insured the person or organization shown in the Schedule above whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY,but only if: a. The`bodily injury"or "property damage" results from your negligence; and b. The`bodily injury", "property damage"or "personal and advertising injury"results directly from: (1) Your ongoing operations;or (2) "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured at the location designated and described in the schedule of this endorsement,which is the subject of the written contract or written agreement. 3. However,regardless of the provisions of paragraphs 1. and 2. above: a We will not extend any insurance coverage to the additional insured person or organization: (1) That is not provided to you in this policy, or (2) That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and Copyright(D 2005 by Zurich Insurance Company STF-ESP-102-B CW(01/05) Page 1 of All rights reserved. No part ofthis document ourerad by the copyrights hereon may be reproduced or copied in any rormby any means-graphic,electronic,or meclurnical, including phowcopying,(aping orinrumaxtion storage and retrieval systems-without written permission ofthe Zurich Insurance Company. b. We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy, or (2) The Limits of Insurance you are required to provide in the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury', "property damage" or "personal and advertising injury"that results solely from negligence of the additional insured. 5. The additional insured must see to it that: a. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; b. We receive written notice of a claim or"suit"as soon as practicable;and c. A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. 6. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 8.c. of Conditions(Section V.)in the COMMON COVERAGE PROVISIONS. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-102-B Cw(01105) Page 2 of 2 PAL.h4 M E M O R A N D U M r'i�t�rY nt'4� TO: Elaine Wedekind Recycling Coordinator FROM: Kathie Hart, CIVIC x Chief Deputy City Clerk DATE: July 20, 2005 SUBJECT: Curbside—A5124 Attached are three (3) copies of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. fkdh attach. CONTRACT ABSTRACT Contract Contract Term: One-Year Beginning July 1, 2005 Company Name: Curbside, Inc. Company Contact: Mr. Patrick Anderson Summary of Services: New Contract for extension of Collection of HHW from seniors or disabled residents. Contract Price: Additional not-to-exceed $8,000.00 Funding Source: 125-1280-54038 I Contract Administration Lead Department: Recycling Contract Administrator: Recycling Coordinator Contract Approvals Council/Community Redevelopment Agency Approval Date: Minute Order/ Resolution Number: t Agreement No: 1 Contract Compliance Exhibits: Proposal Signatures: Insurance: On File Bonds: Contract prepared by: Recycling Coordinator Submitted on: June 24, 2005 By: Elaine Wedekind STATE • • COMPENSATION Fri 17C171 VED INSURANCE FUND 21TY OR PALM SPPPNG�, 2005 SEP -2 Ail8`22EFER TO. AUGUST 29, 2005 .6AH 1s "iHo -'11PS1.:�3 CIT 4' C L r' R ; CITY OF PALM SPRINGS ATT PATRICIA A SANDERS OFFICE, OF THE CITY CLERK 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ----------------------- CANCELLATION/CONVERSION NOTICE ------------------------------ RE: CERTIFICATE DATED AUGUST 23 , 2005 THE WORKERS' COMPENSATION COVERAGE PROVIDED UNDER THE POLICY LISTED BELOW IS BEING CONVERTED TO A NEW POLICY EFFECTIVE AUGUST 23 , 2005 . THE NEW POLICY WILL PROVIDE UNINTERRUPTED COVERAGE. YOU WILL RECEIVE A NEW CERTIFICATE OF INSURANCE UNDER THE NEW POLICY NUMBER: 481-0000413-04. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CUSTOMER SERVICE CENTER AT THE NUMBER LISTED BELOW. EMPLOYER: CURBSIDE, INC 1160 N ARMANDO ST ANAHEIM, CA 92806 POLICY 1750381-05 CUSTOMER SERVICE REPRESENTATIVE CUSTOMER SERVICE CENTER ( 877 ) 405-4545 1275 Market Street • San Francisco, CA 94103-1410 Mailing Address: P.O. Box 420807 - San Francisco, CA 94142-0807 SCIF 19102 • CERTHOLDER * SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPIENSATION INSUIRANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-23-2005 GROUP: 000481 POLICYCERTIFICATE I :NUMBER:CERTIFICATEED -23 XPIRES: 082006 1 4 08-23-2005/08-23-2006 CITY OF PALM SPRINGS SP 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92263 This Is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. r� :1 CA � tJ/ �[ fA 0 -1 vi v rrl C.I EMPLOYER CURBSIDE, INC SP 1150 N ARMANDO ST ANAHEIM CA 92806 M0408 IREV.2-05l PRINTED 08-24-200S ACOIRD CERTIFICAV OF LIABILITY INSURAVE DATE(MM/DWYWY) rh, 08/23/2005 PRODUCER (ci49)851-8800 FAX (949)551-8802 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GSM Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RECEIVED HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR License No: OD15612ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 30 Corporate Park #307 C11Y 0r PAL.N SPIRT G , Irvine, CA 92606 INSURERS AFFORDING COVERAGE NAIC# INSURED Curbside, Inc. 29GSSEP —6 AN 11' 421 INSURERA Steadfast Insurance Company 26387 1605 N. Spurgeon St. INSURER Zurich American Insurance Co 16535 JA11ES 1 0-'iPS I!'I Santa Ana, CA 92701 CITY CLE'-'I'I wsuRERc, n INSURER D �II � I INSURER COVERAGES VV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRE DATE(MMIDDNY) DATE(MMIDDIYY) GEN17RAL LIABILITY GPL 543 5554-01 08/23/2005 08/23/2006 EACH OCCURRENCE S 1. 000 000 X' COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ ZOO,OOO PREMISES(Ea occorence) CLAIMS MADE M OCCUR MOD EXP(Any one person) S 25,000 A PERSONAL d ACV INJURY $ 1,000,000 GENERAL AGGREGATE S 1,000,000 GENT AGGREGATE LIMIT APPLIES PER' PRODUCTS-COMPIOP AGG $ 1,000,000 POLICY n ECT n LOC AUTOMOBILE LIABILITY BAP 543 5553-01 08/23/2005 08/23/2006_ / COMBINED SINGLE LIMIT $ x ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS $1,000 DED COMP BODILY INJURY $ SCHEDULED AUTOS $1,000 DED COLL (Per person) B HIRED AUTOS _ BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR ❑CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND ORYSIA L MIITS OER EMPLOYERS'LIABILITY 1 ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEEIf S nder SPECIAL PROVISIONS ISIO SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER GPL 543 S554-01 08/23/2005 08/23/2006 $1,000,000 Each incident Contractor's Pollution A y aggregate $1,000,000 Policy a re ate Liability DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The general liability policy includes the City of Palm Springs as additional insured with regard pppto work performed by or on behalf of the Named Insured where required by written contract. Except 10 day notice for nonpayment of premium. I CERTIFICATE:HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Palm Springs 30:. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THC LEFT, Attn: Elaine Weddekind BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P. 0. Box 2743 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92263-2743 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) '` XgAXUCORPORATION 1988 0 Endorsement# Additional Insured — Scheduled — Owners, Lessees or Contractors — Broad Form ZURICH COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY Policy No. Ell:Date ofPol. Exp.Date ofPol. Ell:Date of End Broker Add9 Prom. Return Prom GPL 543 5554-01 08/23, 09/23/06 08/23/05 GSM Insurance Services Named Insured and Mailing Address: Broker: Curbside, Inc. GSM Insurance Services 1605 N.Spurgeon Street 30 Corporate Park#307 Santa A na CA 92701 Irvine CA 92606 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the terns, exclusions and conditions of the policy and with respect to COVERAGE PART ONE—COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement that: Schedule Name of Person or Organization: City of Palm Springs i 1. Who is an Insured (Section I.) in the COMMON POLICY PROVISIONS is amended to include as an insured the person or organization shown in the Schedule above whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured applies only to "bodily injury', "property damage" or "personal and advertising injury" covered under COVERAGE PART ONE — COMMERCIAL GENERAL LIABILITY COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY,but only if: a. The"bodily injury"or "property daprage" results from your negligence; and b. The"bodily injury", "property damage'or "personal and advertising injury"results directly from: (1) Your ongoing operations; or (2) "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured at the location designated and described in the schedule of this endorsement, which is the subject of the written contract or written agreement. 3. However,regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to the additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower of Copyright(rD 2005 by Zurich Insurance Company STF-ESP-102-B C W(01/05) Page 1 of 2 All rights reserved. No part of this document covered by the copyrights hereon may be reproduced or copied in any form by any means-graphic,electronic,or mechanical, including photocopying,taping or information storage and retrieval systems-without written permission of Are Zurich Insurance Company. (1) The Limits of Insurance provided to you in this policy; or (L) The Limits of Insurance you are required to provide in the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury"that results solely from negligence of the additional insured. 5. The additional insured must see to it that: a. We are notified as soon as practicable of an`occurrence"or offense that may result in a claim; b. We receive written notice of a claim or"suit" as soon as practicable; and c. ?,request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. 6. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the salve operations and job location. Then we will share with that other insurance by the method described in paragraph 8.c. of Conditions (Section V.)in the COMMON COVERAGE PROVISIONS. ALL OTIIER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-102-B CW(01/05) Page 2 of 2